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HomeMy WebLinkAbout07-07-1997 Council Minutes CITY OF AUBURN tl]l)tlrll oounc,, ,nutes 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 Page 6 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 Page 8 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. Page 16 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. Page 19 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. Page 20 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. Page 21 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. Page 22 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. Page 23 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. Page 24 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 Page 25