HomeMy WebLinkAbout07-07-1997 Council Minutes CITY OF AUBURN
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July 7, 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 City Council were
present: Rich Wagner, Sue Singer, Jeanne Barber, Trish Borden,
Fred Poe, Gene Cerino, and Stacey Brothers. Staff members
present included: Parks and Recreation Director Dick Deal,
Personnel Director Brenda Heineman, Fire Chief Bob Johnson,
Police Chief Dave Purdy, Finance Director Diane L. Supler, Public
Works Director Frank Currie, City Engineer Dennis Dowdy,
Transportation Planner Nick Afzali, Planning and Community
Development Director Paul Krauss, Assistant Planning Director
Lynn Rued, City Clerk Robin Wohlhueter, and Deputy City Clerk
Dani Daskam.
C. Announcements and Appointments
1. Announcements
There were no announcements this evening.
2. Appointments
There were no appointments for City Council consideration
this evening.
D. Agenda Modifications
Agenda modifications included the addition of a call for a closed
record hearing on July 21, 1997 on an appeal filed by Paul and
Tina Christiansen under Item IV.E.1 of these minutes and
Page I
City of Auburn Council Meeting Minutes July 7. 1997
Resolution No. 2862, which was inadvertently omitted from the
agenda packet, transmitted under Item VII.B.9 of these minutes.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. 1997-1998 Business Improvement Area Budget
A1.10
The Auburn Business Improvement Area (BIA) Committee of
Ratepayers filed its 1997-1998 proposed budget for the next
ensuing fiscal year for a total amount of $44,850. A public
hearing is required prior to adoption of the proposed budget
in order to receive public comments and suggestions from
interested citizens.
Planning and Community Development Director Krauss
presented a brief staff report on the 1997-1998 Business
Improvement Area Budget. He noted the major BIA budget
expenditures are for promotion of downtown businesses and
business recruitment. Budget expenditures are slightly less
than in previous years due to a decrease in the revenues
collected during the past twelve months. The BIA budget
does not include payments from Hapsmith Company due to
a delay in receiving the payments. However, the BIA
expects to receive the funds from Hapsmith Company in the
future. Mr. Krauss pointed out that the budget also reflects
in-kind contributions from their members and other members
of the community. He estimated City staffs in-kind
contribution to the BIA is $25,000 per year. The Planning
and Community Development Committee reviewed the BIA
budget and recommended the City Council conduct the
hearing and approve the 1997-1998 BIA budget.
Mayor Booth opened the public hearing.
Kris Susee, Executive Director of the Auburn Downtown
Association, 10 "B" Street NE, Auburn, WA; and
Audrey Pitrie, 2010 70th, Tacoma, WA
Ms. Susee presented budget summary sheets for the
Business Improvement Area and the Auburn Downtown
Association. Ms. Petrie explained that the in-kind
Page 2
City of Auburn Council Meeting Minutes July 7, 1997
contributions included in the budget summary sheets are
identified with an asterisk. The City staffs in-kind
contribution is not included in the budget summary.
Ms. Susee introduced Mr. Don Gardner, the Past President
of the Auburn Downtown Association (ADA), who developed
a slide presentation which was included as part of the ADA's
annual dinner banquet program. The slide presentation
highlights last year's accomplishments by the ADA and looks
forward to future projects. Mr. Gardner presented the slide
show which lasted approximately 16 minutes.
No other members of the audience requested to speak
during the hearing.
Motion by Councilmember Borden, second by
Councilmember Wagner to close the public hearing.
MOTION CARRIED UNANIMOUSLY. 7-0.
Ms. Susee introduced members of the Auburn Downtown
Association and members of the Business Improvement
Area Committee of Ratepayers in attendance this evening.
They included ADA President Alan Keimig, Audrey Pitrie,
Jan Cavanaugh, Sharon Dougherty-Smith, Billy Fugate, J.
B. Douglas, and Don Gardner.
Please see Item VII. B. 1 of these minutes for further action
on this item.
2. 1998-2003 Six Year Transportation Improvement Plan
04.9.3
State law requires the City of Auburn to annually prepare
and adopt a comprehensive transportation improvement
program for each ensuing six calendar years. Prior to
adoption of a six year transportation plan a public hearing is
held to review the work accomplished under each Six Year
Transportation Improvement Program for the purpose of
determining current city street needs, and to adopt a revised
and extended comprehensive transportation improvement
program.
Page 3
City of Auburn Council Meeting Minutes July 7, 1997
City Engineer Dennis Dowdy presented the staff report for
the 1998-2003 Six Year Transportation Improvement Plan
(TIP). The Six Year TIP is updated each year in accordance
with RCW 35.77 requiring that cities file an adopted program
yearly with the Department of Transportation. The purpose
of the Program is to assure that each city and town shall
perpetually have available advanced plans looking to the
future for not less than six years as a guide in carrying out a
coordinated street construction program. This annual
update also informs neighboring jurisdictions of the City's
construction schedule for the purpose of coordination and
compatibility.
The methodology for developing the TIP involves four steps.
The first step identifies transportation needs; and the project
needs are separated into the following categories: unique
projects, matrix projects, and nonmotorized projects. Project
needs are determined by examining the City's latest studies
regarding growth trends, traffic, railroad issues, regional
planning, and the City's Draft Transportation Plan. The
City's Final Draft Transportation Plan has been circulated for
comment, and a public hearing on the Transportation Plan
will be held later this year. The second step involves
developing a revenue forecast based on historical trends.
The revenue forecast provides an estimate of the future
revenue available for funding the project needs. The third
step is to score the projects to provide a prioritized list of
transportation improvement projects. The Public Works
Committee and staff worked together to establish common
criteria for objectively scoring the projects. The fourth step is
prioritization of the projects based upon review by the Public
Works Department and staff.
Mr. Dowdy indicated the TIP presented this evening is a
fiscally responsible program, and for the first three years is
fiscally restrained.
Mr. Dowdy explained that once the TIP is adopted, it is
forwarded to the State Department of Transportation and the
Puget Sound Regional Council (PSRC). The PSRC
incorporates the City's TIP in a regional Transportation Plan,
Page 4
City of Auburn Council Meeting Minutes July 7. 1997
and ensures it is included in the state transportation
improvement program.
Mayor Booth opened the public hearing.
Councilmember Cerino pointed out that the matrix project
identified as the "B" Street NW LID project needs to be
updated to reflect increased City participation and a
reduction in the LID amount. City Engineer Dowdy
concurred that the LID amount had been reduced to
approximately $750,000 and the TIP will be updated
accordingly.
No one from the audience requested to speak during the
hearing
Motion by Councilmember Wagner, second by
Councilmember Poe to close the public hearing.
MOTION CARRIED UNANIMOUSLY. 7-0.
Please see Item VII. B.2 of these minutes for further action
on this item.
3. Franchise Agreement
A3.14
The Application for Telecommunications Franchise request
of Metricom, Inc., a FCC certified internet services provider,
for a non-exclusive franchise for a term of five years to
install, operate and maintain a wireless digital
communications radio network and offer internet
communication services for distribution and sale within the
franchise area. The purpose of the public hearing is to
determine public benefit and impact, applicant compliance,
public right-of-way capacity to accommodate Metricom's
telecommunication system, potential disruption of public
right-of way, and present and future use of the public right-
of-way.
City Engineer Dennis Dowdy presented the staff report on
the Metricom Franchise. He submitted copies of errata to
the Metricom Franchise containing two changes to the draft
Page 5
City of Auburn Council Meeting Minutes July 7. 1997
franchise agreement dated June 17, 1997. Mr. Dowdy
noted the City currently has a moratorium on the issuance of
permits for wireless telecommunications facilities. However,
Metricom applied for a franchise prior to the implementation
of the moratorium.
Metricore is a telecommunications company with its
corporate headquarters located in Los Gatos, California.
The company specializes in wireless internet service and
recently has obtained franchises to provide services with
numerous South King County jurisdictions. Metricom
desires to begin providing wireless internet services in the
city of Auburn. Metricom is certified by the Federal
Communications Commission (FCC) to operate in the
unlicensed radio frequency of 902-928 Mhz. In order to
provide their service in the Auburn area, they require the use
of both city and Puget Sound Energy light poles to install
their antennas. The franchise is essential to allow Metricom
to provide their services to the Auburn community. Since
Metricom's application for franchise preceded the
moratorium, staff has continued to negotiate a franchise
agreement which is mutually acceptable.
The purposes of the hearing this evening are to disclose to
the public the nature of the franchise and the benefits to
both the City and the public of the franchise if granted, to
comply with the federal act which stipulates that franchise
fees and compensation shall be disclosed, and allow public
comment from any parties that believe they may adversely
affected by the franchise proposal.
Mr. Dowdy recalled that under Resolution No. 2836, the City
Council authorized a five-year non-exclusive lease
agreement with Metricom to use the Lakeland Hills water
reservoir as an antenna site for its wired access point. The
lease contains a provision requiring a franchise with the City
in order to establish the effective start date of the lease.
Mr. Dowdy presented information on the Federal
Telecommunications Act of 1996. The Act sets forth
standards for negotiating franchises with telecommunication
companies. He noted the Act did not affect existing state or
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City of Auburn Council Meeting Minutes July 7, 1997
local laws regarding taxation of telecommunication
companies.
Mr. Dowdy reviewed the Metricom franchise fees. The
application fee is $2,500 and covers the administrative costs
of negotiating the franchise agreement. The right of way
permit fees are $25.00 for less than 60 days and $75.00 for
up to five years. The pole rental fee of $60.00 is typical of
the pole rental fees charged Metricom by other
municipalities in the area. The compensation for use of city
right of way is established as five percent (5%) of gross
revenues from all accounts within the city. The agreement
also provides a commitment to provide the City a most
favorable rate should the City desire to use Metricom's
internet service. The annual lease rate for the water
reservoir site is $2,000.
Mayor Booth opened the public hearing.
Councilmember Brothers suggested that the language for
paragraph 18.3.b contained in Mr. Dowdy's exhibit of
changes to the draft franchise agreement contain more
specific language to include, "The initial annual franchise fee
percentage shall be five percent (5%) of gross revenues ..."
Mr. Dowdy agreed to review the language and make the
appropriate change.
Councilmember Cerino expressed concern with Metricom's
access to the City's Lakeland Hills reservoir site and the
security of city property. City Engineer Dowdy advised that
security measures are addressed in the lease agreement
and include requirements for notification.
Councilmember Singer questioned the amount Puget Sound
Energy is charging Metricom for use of their poles. City
Engineer Dowdy advised he did not request Metricom to
divulge Puget Sound Energy's pole rate. The proposed City
pole rate is based on an a comparison of other cities'
charges in the region.
City Engineer Dowdy presented information on the state
laws which govern franchises. RCW 35A.47.040 authorizes
Page 7
City of Auburn Council Meeting Minutes July 7. '1997
code cities the right to grant non-exclusive franchises for
communication uses within public ways. RCW 47.24.020
authorizes cities in general the exclusive right to grant
franchises not in conflict with state laws within street rights of
way. P, CW 80.36.040 gives telecommunication companies
the right to utilize public ways provided they obtain Council
consent. RCW 35.21.865 requires cities to give at least sixty
(60) days notice prior to any rate change. RCW 35.21.870
limits city taxation authority to 6%.
Councilmember Cerino suggested that if city staff are
required to accompany Metricom representatives each time
they access the City's reservoir site, Metricom should
compensate the City for their time. City Engineer Dowdy
advised that under Metricom's Lease Agreement with the
City, they are required to notify the Water Supervisor of their
entry. Metricom will have unescorted entry to the Lakeland
Hills water reservoir; however, they are required to notify the
City in advance.
In response to a question from Councilmember Brothers,
City Engineer Dowdy advised that the franchise rates were
negotiated based upon a comparison of approximately five
other cities in the valley area.
Councilmember Wagner noted that the franchise agreement
provides that the City will not allow other technologies to be
installed that will interfere with the operation of Metricom's
technology. He questioned whether there is any protection
for existing technologies from Metricom's interference.
According to Finance Director Supler, there is no
expectation for interference from Metricom's service since it
operates on such a low frequency.
Mike Flynn, Metricom, Inc., 980 University Avenue, Los
Gatos, California
Mr. Flynn responded to some of the Council's questions.
Mr. Flynn advised that Metricom will probably visit their lease
site at the Lakeland Hills water reservoir once or twice a
year for approximately two hours each visit. Mr. Flynn
advised that Puget Sound Energy charges a pole fee of
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City of Auburn Council Meeting Minutes July 7, 1997
$45.00 a year. The pole fee paid to cities in the area is the
same and is a result of most favorable rate clauses.
Mr. Flynn explained Metricom operates under FCC Part 15.
As a user of an unlicensed radio frequency and in
accordance with FCC Part 15, Metricom is not allowed to
interfere with any other licensed radio use, and Metricom is
mandated to accept any and all radio interference. He
explained further that the Metricom system cannot overcome
physical interference of their radio wave. He requested that
no physical barriers block their radio signal, or the City allow
Metricom to relocate their radio. Mr. Flynn submitted a
photograph of the Metricom radio device attached to an
overhead light pole structure.
Mr. Flynn explained Metricom is requesting a franchise in
order to install their wireless data network called Ricochet.
The network utilizes pole-top radios and a small wireless
modem. The radios transmit to a "wired access point" which
connects to a telephone network and frame-relay access to
allow access to the internet. The basic subscription rate is
$29.95 per month. Metricom plans to install six to eight of
the pole top radios per square mile, affecting 1%-2% of the
overall street lights in an average city. The system is
available in the San Francisco area, throughout Seattle,
Washington, D.C., and will soon be in New York and Los
Angeles.
In response to a question from Councilmember Brothers, Mr.
Flynn explained that Ricochet is a brand name and the
technology is referred to as spread spectrum, frequency-
hopping radio transmission which was developed in the
World War II era. The technology operates at one watt of
power or less.
Mr. Flynn noted that Metricom has agreed to insurance and
bonding requirements of the franchise. Metricom will
contract with Puget Sound Energy to install the Metricom
radios. Metricom will provide the City with a map of the
radio installation locations. He explained that the radio
connects to the photo cell switch of the street light.
Page 9
City of Auburn Council Meeting Minutes July 7, 1997
Metricom uses approximately $2-$3.00 worth of power a
year which is prepaid to the power company.
In response to a question from Councilmember Brothers, Mr.
Flynn advised Metricom would use privately owned light
poles on a very limited basis and only as necessary to
provide full coverage throughout the city.
Mr. Flynn discussed the alternate location provision of the
franchise. The franchise provides that the City notify
Metricom within 60 days of any relocation or removal of the
Metricore radios required to accommodate the City.
Councilmember Cerino reiterated his concern with
Metricom's and future telecommunication companies'
access to city property. Public Works Director Curde
indicated satisfactory protections are contained in the lease
agreement, and City personnel are at the Lakeland Hills
reservoir site on a daily basis. Mr. Currie noted the lease
agreement is a separate document from the franchise, and
lease agreements would need to be negotiated with any
future potential lessee.
No one from the audience requested to speak during the
hearing.
Motion by Councilmember Wagner, second by
Councilmember Cerino to close the public hearing.
MOTION CARRIED UNANIMOUSLY. 7-0.
B. Audience Participation
No one from the audience requested to speak during audience
participation.
Page 10
City of Auburn Council Meeting Minutes July 7, 1997
C. Correspondence
1. Letter dated June 23, 1997 to Charles A. Booth, Mayor and
Members of the Auburn City Council from John Paul Turner,
Rodgers & Deutsch Attorneys At Law, regarding Local
Improvement District No. 347 Restraint by Protest Pursuant
to RCW 35.43.180.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Chair Brothers reported the Municipal Services Committee met this
afternoon at 4:30 p.m. The Committee reviewed and recommends
approval of Resolution No. 2861, Ordinance No. 4985, Resolution
No. 2860, Ordinance No. 4989, Ordinance No. 4988, and surplus
property from the Fire Department. The next regular meeting of the
Municipal Services Committee is scheduled for Monday, July 21,
1997 at 4:30 p.m.
B. Planning & Community Development
Chair Borden reported the Planning and Community Development
Committee met June 23, 1997. The Committee discussed and
recommends approval of development agreements for water and
sewer certificates, the Business Improvement Area (BIA) contract,
and the acquisition of property for the cemetery. The Committee
also discussed conservation futures application, wireless
telecommunication ordinance, a development on Lea Hill called
Duberry, and the White River Trail. The next regular meeting of the
Planning and Community Development Committee is scheduled for
Monday, July 14, 1997 at 7:30 p.m.
C. Public Works
Chair Wagner reported the Public Works Committee met June 23,
1997. The Committee discussed changes in parking, a pipeline
agreement with the railroad, authorization to proceed with
acquisition of land for the "C" Street interchange, surplus of real
property, and contract administration items. The Committee
received a report on the status of the "B" Street LID. According to
legal counsel, the City retains the right to administer the LID
regardless of the protest. The Committee also discussed future
water sales, the 8th Street corridor project, and the Transportation
Page 11
City of Auburn Council Meeting Minutes July 7. 1997
Plan. The next regular meeting of the Public Works Committee is
scheduled for July 14, 1997 at 5:00 p.m.
D. Finance
The Finance Committee met this evening at 7:00 p.m. The
Committee discussed Resolution No. 2862, a mid-year budget
adjustment, and claims and payroll vouchers. The next regular
meeting of the Finance Committee is scheduled for July 21, 1997
at 7:00 p.m.
IV. CONSENT AGENDA
A. Minutes
1. Minutes of the May 28, 1997 special City Council meeting.
2. Minutes of the June 2, 1997 special City Council meeting.
3. Minutes of the June 16, 1997 regular City Council meeting.
4. Minutes of the June 23, 1997 special City Council meeting.
B. Vouchers
F4.9.2, F4.9.5
1. Claims
Claims check numbers 123778 through 124170, including
voided claims check numbers 124169 and 124170, in the
amount of $146,605.46 for Period 19 and dated July 7,
1997; and
Claims check numbers 124169 through 124627 in the
amount of $1,567,077.47 for Period 19 and dated July 7,
1997.
2. Payroll
Payroll check numbers 239545 to 239837 in the amount of
$518,050.32 and Direct Payroll Deposit transmissions in the
amount of $416,071.36 for a grand total of $934,121.68 for
the pay period covering June 11, 1997 to June 25, 1997 are
approved for payment this 7th day of July, 1997.
Page 12
City of Auburn Council Meeting Minutes July 7. 1997
C. Contract Administration
1. Public Works Project No, 567A
O4.8.1
Approve Change Order No. 1 for Contract No. 97-08, PR
567A, Neely Residence Demolition in the amount of
$5,340.00.
D. Surplus Property
F4.6.1
1. Fire Department
City Council to surplus the following property:
Magnavox Television formerly used for training.
Five (5) sets of Body Armor
Panasonic Model #FP1520 Copier, ID #CR302, City
of Auburn ID #022272.
2 ea. Foam Nozzles
3 ea. Laerdal Suction Units
1 ea. Extinguisher Bracket
2 ea. SCBA Brackets
1 ea. 6" Hose Clamps
14 ea. Assorted Nozzles and pieces
9 ea. Hydrant Wrenches/Adj. & Non-Adj.
1 ea. Siamese Valve
4 ea. 1/4 Gate Valves
2 ea. Ladder Brackets
4 ea. Gate Valves
1 ea. Light Bar
1 ea. Bucket Assorted Fittings
2ea. 4.5x4N.H.
2 ea. 4.5 x 4 Boeing
1 ea. 4x3.5
2ea. 4.5x4N.S.
lea. 4.5x4DF
10 ea. Head Neck Immobilizer Devices
1 ea. Monitor w/o Tips
2 ea. Ladders/35 foot
Page 13
City of Auburn Council Meeting Minutes July 7. 1997
E. Call for Hearing
1. Application No, CAP0001-97
City Council to call for a closed record hearing on July 21,
1997 regular meeting to review Paul and Tina Christiansen's
Appeal of the Hearing Examiner's Decision to deny a special
home occupation permit, Application No. MIS0003-97, to
install car stereos and alarm systems within automobiles at a
residence located at 409 "U" Street S.E.
Motion by Councilmember Barber to approve the consent agenda as
modified. Second by Councilmember Brothers to approve the consent
agenda excluding Item IV.A.1, the minutes of the May 28, 1997 special
City Council meeting.
MOTION CARRIED UNANIMOUSLY. 7-0.
Motion by Councilmember Brothers to correct paragraph 1, line 6 of the
May 28, 1997 City Council minutes to read in part: "Councilmember
Stacey Brothers and Councilmember Trish Borden were excused
abseRt. Second by Councilmember Borden."
MOTION CARRIED UNANIMOUSLY. 7-0.
Motion by Councilmember Brothers, second by Councilmember Cerino to
approve the minutes of the special City Council meeting of May 28, 1997
as amended.
MOTION CARRIED UNANIMOUSLY. 7-0.
V. UNFINISHED BUSINESS
There were no items for review under this section.
Page 14
City of Auburn Council Meeting Minutes July 7, 1997
VI. NEW BUSINESS
A. Application No. CUP0004-97
O3.10.1 CUP0004-97
City Council to consider the request of U.S. West to allow the
construction of an 80 foot high tower (monopole) with 6 antennas to
be used as a "Personal Communications Service" facility on
property zoned M-2, Heavy Industrial, located at 25 30th Street NE
in Auburn.
Motion by Councilmember Borden, second by Councilmember
Barber to approve the conditional use permit based upon the
Hearing Examiner's findings of fact, conclusions and conditions,
and instruct the City Attorney to prepare the necessary Ordinance.
MOTION CARRIED UNANIMOUSLY. 7-0.
B. Application No. PLT0002-89R
03.5 PLT0002-89R
City Council to consider the request of Intracorp for an alteration to
the Final Plat of Vistara, Phase I, to provide a private access drive
that would service 5 lots on property located on the west side of
West Valley Highway, and north of Aaby Drive.
Motion by Councilmember Borden, second by Councilmember
Wagner to approve the plat alteration of the Final Plat of Vistara,
Phase I, based on the Hearing Examiner's findings of fact,
conclusion and conditions, and instruct the City Attorney to prepare
the necessary Ordinance.
MOTION CARRIED UNANIMOUSLY. 7-0.
C. Development Agreement
A3.13.8 WSC0017-97
City Council to consider the request of Family of Grace Lutheran
Church for the issuance of water and sewer availability certificates
for property located at 31317 124th Avenue SE and to approve the
Petition for Annexation, Annexation Agreement and Declaration of
Covenant.
Page15
City of Auburn Council Meeting Minutes July 7, 1997
Motion by Councilmember Borden, second by Councilmember
Barber to approve the Development Agreement which will enable
the issuance of water and sewer availability certificates for the
applicant.
MOTION CARRIED UNANIMOUSLY. 7-0.
Please see Item VILA.5 of these minutes for further action on this
item.
D. Development Agreement
A3.13.8 WSC0021-97
City Council to consider the request of Kathy May and Lynda
Ferraro for the issuance of water and sewer availability certificates
for a boundary line adjustment for property located at 307xx 130th
Avenue SE and to approve the Petition for Annexation, Annexation
Agreement and Declaration of Covenant.
Motion by Councilmember Borden, second by Councilmember
Wagner to approve the Development Agreement which will enable
the issuance of water and sewer availability certificates to the
applicant.
MOTION CARRIED UNANIMOUSLY. 7-0.
P/ease see Item VILA.4 of these minutes for further action on this
item.
VII. ORDINANCES AND RESOLUTIONS
A. Ordinances
1. Ordinance No. 4973
A3.5.5.10, O1.2
An ordinance of the City Council of the City of Auburn,
Washington, adding a new subsection to Section 10.36.310
entitled "Prohibited parking areas-Southeast Auburn",
contained in Auburn City Code Chapter 10.36 entitled
"Stopping, standing and parking", to eliminate parking on "D"
Street SE between the south curbline of 37th Street SE and
the north curbline of 41st Street SE.
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City of Auburn Council Meeting Minutes July 7, 1997
Motion by Councilmember Wagner, second by
Councilmember Cerino to introduce and adopt Ordinance
No. 4973.
MOTION CARRIED UNANIMOUSLY. 7-0.
2. Ordinance No, 4984
03.5 PLT0001-94
An ordinance of the City Council of the City of Auburn,
Washington, approving the Final Plat of Riverwalk Division
#3, an 8-lot single-family subdivision located south of
Howard Road and west of the Forest Ridge neighborhood,
within the city of Auburn, Washington, according to the plat
on file with the City Clerk of the City of Auburn.
Motion by Councilmember Borden, second by
Councilmember Poe to introduce and adopt Ordinance No.
4984.
MOTION CARRIED. 6-1. Councilmember Wagner voted
RO.
3. Ordinance No. 4985
F5.2, 02.0
An ordinance of the City Council of the City of Auburn,
Washington, approving an appropriation of grant funds in the
amount of Three Thousand and 00/100 dollars, ($3,000.00),
and authorizing the Mayor to accept the grant from the
Washington State Military Department for the purchase of
hazardous materials testing equipment for the City of
Auburn.
Motion by Councilmember Brothers, second by
Councilmember Poe to introduce and adopt Ordinance No.
4985.
MOTION CARRIED UNANIMOUSLY. 7-0.
Page 17
City of Auburn Council Meeting Minutes July 7, 1997
4. Ordinance No. 4986
A3.13.8 WSC0021-97
An ordinance of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk of the City
of Auburn to execute a Development Agreement between
the City and Kathy May and Lynda Ferraro.
Motion by Councilmember Borden, second by
Councilmember Wagner to introduce and adopt Ordinance
No. 4986.
MOTION CARRIED UNANIMOUSLY. 7-0.
5. Ordinance No. 4987
A3.13.8 WSC0017-97
An ordinance of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk of the City
of Auburn to execute a Development Agreement between
the City and the Family of Grace Lutheran Church.
Motion by Councilmember Borden, second by
Councilmember Barber to introduce and adopt Ordinance
No. 4987.
MOTION CARRIED UNANIMOUSLY. 7-0.
6. Ordinance No. 4988
F5.4.1, O1.0
An Ordinance of the City Council of the City of Auburn,
Washington, authorizing the Mayor to accept a grant from
the U.S. Department of Justice COPS 96 MORE Funding in
the amount of Sixty-eight Thousand Nine Hundred Ninety-
seven Dollars ($68,997.00) for the employment of a non-
sworn civilian and the purchase of technology/equipment,
authorizing the use of local non-federal matching funds in
the amount of Twenty-three Thousand Four Hundred
Twenty-two and 56/100 Dollars ($23,422.56) and approving
the appropriation and expenditure of the grant funds.
Page 18
City of Auburn Council Meeting Minutes July 7, 1997
Motion by Councilmember Brothers, second by
Councilmember Poe to introduce and adopt Ordinance No.
4988.
Councilmember Cerino questioned whether acceptance of
the grant commits the City to continue funding for the
position. Police Chief Purdy advised that the grant provides
the funding for a one year position. The position will be
advertised as a grant position. The grant is renewable for
two additional years, but there is no guarantee the funding
will be continued.
MOTION CARRIED UNANIMOUSLY. 7-0.
7. Ordinance No. 4989
F5.2, O1.6
An Ordinance of the City Council of the City of Auburn,
Washington, authorizing the Mayor to accept a grant from
the Washington Traffic Safety Commission in the amount of
Throe Thousand and no/100 Dollars ($3,000.00) for the
purchase of one laser speed measuring unit and approving
the appropriation and expenditure of the grant funds.
Motion by Councilmember Brothers, second by
Councilmember Poe to introduce and adopt Ordinance No.
4989.
MOTION CARRIED UNANIMOUSLY. 7-0.
B. Resolutions
1. Resolution No. 2853
A1.10
A resolution of the City Council of the City of Auburn,
Washington, approving the proposed Business Improvement
Aroa budget for the period of July 1, 1997 to June 30, 1998,
as requirod by Ordinance No. 4293.
Motion by Councilmember Borden, second by
Councilmember Wagner to adopt Resolution No. 2853.
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City of Auburn Council Meeting Minutes July 7, 1997
Councilmember Brothers inquired regarding the outstanding
collections from Hapsmith Company. Mayor Booth advised
that $32,720 is outstanding from Hapsmith Company. A
separate budget will be prepared if the Hapsmith funds are
received in the future.
Councilmember Cerino commended the Auburn Downtown
Association members for the presentation during the BIA
budget hearing this evening.
MOTION CARRIED UNANIMOUSLY. 7-0.
2. Resolution No. 2855
04.9.3
A Resolution of the City Council of the City of Auburn,
Washington, adopting the 1998-2003 revisions and
extensions of the Six Year Transportation Improvement
Program of the City of Auburn pursuant to R.C.W. Chapter
35.77 of the laws of the state of Washington.
Motion by Councilmember Wagner, second by
Councilmember Cerino to return Resolution No. 2855 to the
Public Works Committee for further study and bring the
Resolution before the City Council at the next meeting.
In response to a question from Mayor Booth, Public Works
Director Currie advised the delay will not affect the time line
of the Transportation Improvement Program.
MOTION CARRIED UNANIMOUSLY. 7-0.
3. Resolution No. 2856
O4.5.1.1, O4.11.1 PR 599
A resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
a Pipeline License Agreement between the Burlington
Northern and Santa Fe Railway Company and the City of
Auburn for the City to construct and maintain a twelve-inch
water pipeline crossing the BNSF tracks at 3rd Street SW.
Motion by Councilmember Wagner, second by
Councilmember Poe to adopt Resolution No. 2856.
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City of Auburn Council Meeting Minutes July 7, q997
MOTION CARRIED UNANIMOUSLY. 7-0.
4. Resolution No. 2857
F4.6.1, A3.13.4
A resolution of the City Council of the City of Auburn,
Washington, declaring the authorization to surplus real
property designated as Tract B of the plat of Valley
Meadows Addition and real property designated as tax
parcel number 000100-0116.
Motion by Councilmember Wagner, second by
Councilmember Cerino to adopt Resolution No. 2857.
In response to a question from Councilmember Brothers,
Public Works Director Currie explained that Tract B is
property that was designated for a landscape buffer which is
no longer required. Tax parcel number 000100-0116 is
excess property acquired for the improvement of 'T' Street
NE. The 'T' Street property dimensions are approximately
190 feet by 63 feet.
MOTION CARRIED UNANIMOUSLY. 7-0.
5. Resolution No. 2858
A3.13.4, O4.9.1 PR 529
A resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor to execute separate
Purchase and Sale Agreements for tenant improvements
with Thoroughbred Auto Body and Sunbreak Cafe dba
Second Bite Sandwich Shop Inc., both located at 309 "C"
Street S.W. designated as tax parcel number 395440-0005-
07, Washington State Department of Transportation Number
1-15842 for the State Route 18 /"C" Street S.W. interchange
Ramp Improvement Project (PR 529).
Motion by Councilmember Wagner, second by
Councilmember Poe to adopt Resolution No. 2858.
MOTION CARRIED UNANIMOUSLY. 7-0.
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City of Auburn Council Meeting Minutes July 7, 1997
6. Resolution No. 2859
A3.13.4, O5.1.2, O4.4.10
A resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor of the City of Auburn to
execute the purchase of tax lot parcel numbers 926280-
0400, 926280-0405, 926280-0410, and 926280-0415 as
offered by King County, State of Washington for
beautification and utility purposes.
Motion by Councilmember Borden, second by
Councilmember Barber to adopt Resolution No. 2859.
In response to a question from Councilmember Singer,
Parks and Recreation Director Deal indicated the City faces
no additional liability exposure by acquiring the property.
MOTION CARRIED UNANIMOUSLY. 7-0.
7. Resolution No. 2860
04.7.5
A resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
an amendment to Solid Waste Disposal Agreement between
the City of Auburn, the Boeing Company and R.S.T.
Disposal, Inc.
Motion by Councilmember Brothers, second by
Councilmember Poe to adopt Resolution No. 2860.
MOTION CARRIED UNANIMOUSLY. 7-0.
8. Resolution No. 2861
O1.7
A resolution of the City Council of the City of Auburn,
Washington, authorizing the City to execute Letter of
Agreement between Auburn Police Department and the
Okanogan County Sheriffs Office for long term housing of
prisoners.
Motion by Councilmember Brothers, second by
Councilmember Poe to adopt Resolution No. 2861.
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City of Auburn Council Meeting Minutes July 7, 1997
MOTION CARRIED UNANIMOUSLY. 7-0.
9. Resolution No. 2862
A1.4.1, A4.3.1
A resolution of the City Council of the City of Auburn,
Washington, providing for the compensation for an elected
Municipal Court Judge effective January 1, 1998.
Motion by Councilmember Barber, second by
Councilmember Brothers to adopt Resolution No. 2862.
Councilmember Poe inquired regarding the cost for fringe
benefits for the judge position and whether the municipal
court judge would be eligible for the same leave benefits as
other employees. Personnel Director Heineman explained
the municipal court judge will receive benefits similar to any
other City employee. Fringe benefits are estimated at 28%
of salary. The City will be required to use pro tem judges
when the municipal court judge is on vacation or sick leave
or in instances of a conflict or a protest filed preventing the
judge from hearing a particular case.
Councilmember Poe expressed his opposition to electing a
municipal court judge. He indicated an elected municipal
court judge will cost the City approximately $85,000 to
$90,000 compared to a much lower expense by utilizing the
district court judges. Personnel Director Heineman noted
that the elected municipal court judge will be a full-time
position responsible for hearing all cases and administering
the court. The existing court operates a total 93 judicial
hours and does not include management of the court.
Councilmember Brothers noted that the elected municipal
court judge salary and benefits will be approximately
$82,000 for a full-time position. He suggested that as the
caseload of the court increases over time, an overall cost
savings for a full-time judge at the salary and benefits
recommended will be realized versus the contract the City
currently has with King County.
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City of Auburn Council Meeting Minutes July 7, 1997
In response to a question from Councilmember Borden,
Personnel Director Heineman explained that in order to keep
the court costs low and within budget, she limits the King
County judge hours by supplementing with pro tem judges
and a traffic magistrate at a lesser rate. The elected full-time
salaried judge will hear all cases and manage the court as
well.
Councilmember Cerino asked whether the salary of the
elected municipal court judge can be adjusted as the
caseload and the hours of the court increase. Personnel
Director Heineman advised the salary for the elected
municipal court judge cannot be changed during the four-
year term of his or her elected office.
Councilmember Poe commended Judge Phillipson for his
work with the Auburn Municipal Court.
MOTION CARRIED. 5-2. Councilmembers Cerino and Poe
voted no.
VIII. MAYOR'S REPORT
A. I=xecutive Session
Mayor Booth recessed the meeting to executive session at 9:17
p.m. for approximately 20 minutes to discuss litigation. Mayor
Booth indicated Council action may occur following the executive
session.
Mayor Booth reconvened the meeting at 10:04 p.m.
B. Hapsmith Company/Supermall Litigation
Motion by Councilmember Cerino, second by Councilmember
Singer to support the Mayor's proposed negotiations with Start
Tabb to resolve issues related to the Supermall and to instruct the
City Attorney to prepare the necessary documents.
MOTION CARRIED. 6-1. Councilmember Brothers voted no.
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City of Auburn Council Meeting Minutes July 7, 1997
IX. ADJOURNMENT
There being no further business to come before the Council this evening,
the meeting adjourned at 10:05 p.m.
Approved on the C2/,~ day of ~ ,1997.
Charles A. Booth, Mayor Robin Wohlhueter, City Clerk
97M7-07.DOC
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