HomeMy WebLinkAbout08-04-1997 Council Minutes CITY OF AUBURN
COUNCIL MEETING MINUTES
August 4, 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,
Financial Analyst Sherri Crawford, Public Works Director Frank
Currie, Planning and Community Development Director Paul
Krauss, City Attorney Michael J. Reynolds, and City Clerk Robin
Wohlhueter.
C. Announcements and Appointments
1. Announcements
There were no announcements this evening.
2, Appointments
There were no appointments for City Council consideration.
D. Agenda Modifications
Agenda modifications included the addition of a request from the
Hapsmith Company to amend Ordinance Numbers 4627, 4742 and
4766 related to the rezone for the Supermall of the Great
Northwest transmitted under Item VI.B of these minutes, and the
addition of Ordinances No. 5001, 5002, 5003, and 5004
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City of Auburn Council Meeting Minutes August 4. 1997
transmitted respectively under Items VII.A.5, VII.A.6, VII.A.7, and
VII.A.8 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. Virginia Haugen, 2503 "R" Street SE, Auburn, WA
Ms. Haugen spoke regarding Metro bus service and
improvements to the public transportation system. She
expressed concern with some of the customers of the Metro
bus service who utilize the bus stop near her home and who
trespass in the residents' yards. She also recalled a July 28,
1997 visit from a City employee identified as "Mike", who
requested her comments on the location of a Metro bus
wheelchair access pad in front of her house. Ms. Haugen
questioned whether City right-of-way existed at the location
near her front yard where they planned to construct the new
concrete pad. She spoke against the lack of prior
notification for plans to construct a Metro bus stop facility
adjacent to her property. She requested the City of Auburn
officials require that Metro notify residents of Metro's plans
to enlarge bus routes and construct bus facilities near
residents' properties. She requested Metro move the
wheelchair accessible bus pad to the Leisure Manor mobile
home park.
In response to questions from Councilmember Brothers, Ms.
Haugen advised she had no prior notification of plans for
construction of the wheelchair accessible bus pad. She
estimated the size of the proposed pad to be 10 feet by 3
feet. She advised that it was later determined through a
survey that the proposed pad will be within public right-of-
way.
Planning and Community Development Director Krauss
explained that the construction of the wheelchair accessible
bus pad in front of Ms. Haugen's property is related to the
Metro Six Year Plan. At Metro's request, a local citizens
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City of Auburn Council Meeting Minutes August 4. t997
task force was convened to work with Metro is designing bus
routes. Mr. Krauss noted that Metro did not solicit City staff
involvement in the citizens task force. The Auburn area will
receive two additional long-haul busses and three circulator
routes. The circulator routes serve the neighborhoods and
require construction of new bus stops. Mr. Krauss advised
that the City was not advised by Metro that they were in the
neighborhoods designating new bus stops. Upon
notification by Ms. Haugen and other residents of Metro's
activities, the City contacted Metro for further information.
Mr. Krauss advised that all bus stops are being constructed
within public right-of-way and all are wheelchair accessible.
He also advised that Metro did not make prior contact with
residents. City staff is in the process of scheduling an open-
house meeting at the senior center to allow senior citizens
and other residents an opportunity to hear Metro's plans and
ask questions.
In response to a question from Councilmember Brothers,
Planning and Community Development Director Krauss
explained that Metro initially contacted City Planning
Department staff for comments on bus routes. Metro then
convened a citizens task force to help define bus routes.
Mr. Krauss advised that the citizens task force was not
asked to comment on the location of bus stops, and City
staff were not solicited for advice on the location of bus
stops. Metro's new routes and facilities will be in effect by
the end of September, 1997.
Councilmember Borden inquired whether a new route map
and schedules exist. Mr. Krauss advised that Metro
published a brochure of the new routes. The Planning
Department has copies of the brochure and a large scale
route map. Councilmember Borden requested that she
receive a copy of the brochure.
Ms. Haugen requested that City staff provide her a copy of
the map and brochure.
2. Lee McDaniel, 623 - lstAvenue East, Pacific, WA
Mr. McDaniel spoke on behalf of his sister, Marilyn. He
recalled his attendance at the July 21, 1997 City Council
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City of Auburn Council Meeting Minutes August 4. 1997
meeting at which time he addressed the City Council
regarding a pit bull dog attack on his sister. He expressed
his appreciation for the opportunity to attend the Municipal
Services Committee and discuss the dog attack. Mr.
McDaniel reported there have been three additional dog
attacks in Auburn since July 14, 1997. He also reported that
neither Auburn Police nor King County Animal Control
responded to the incidents immediately. One of the dog
attacks involved a six year old who resides on 21st Place
SE. Mr. McDaniel indicated he will continue his efforts to
prevent future incidents similar to the dog attack on his
sister.
Councilmember Borden encouraged other victims of dog
attacks to come forward. Mayor Booth noted that dog
attacks are a problem county-wide. He encouraged dog
attack victims and other concerned individuals to also
contact their King County Councilmembers.
Councilmember Brothers advised that the Municipal
Services Committee plans to discuss additional information
related to animal control and dog attack issues at the
September 2, 1997 meeting. He encouraged Mr. McDaniel
to attend the September 2, 1997 Municipal Services
Committee.
C. Correspondence
There were no items for review under this section.
In response to a question from Councilmember Brothers, Mayor
Booth advised that a letter from Mr. Lee McDaniel was previously
distributed to each member of the Council.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Chair Brothers reported the Municipal Services Committee met this
afternoon at 4:30 p.m. The Committee discussed the City's
agreement with King County Animal Control and the dog attack on
Mr. Lee McDaniel's sister, Marilyn. Chair Brothers reported the
issue will be discussed further at the September 2, 1997 Municipal
Services Committee meeting. The Committee also discussed
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City of Auburn Council Meeting Minutes August 4, 1997
citizen complaints regarding vandalism and theft of garbage cans
and abhorrent behavior at Isaac Evans Park. He noted that Police
Chief Purdy has been proactive in attempting to correct problems
at Isaac Evans Park. The Committee also received a briefing on a
shooting incident which occurred in the northeast section of the
city. The next regular meeting of the Municipal Services
Committee is scheduled for Monday, August 18, 1997 at 4:30 p.m.
B. Planning & Community Development
Chair Borden reported the Planning and Community Development
Committee met July 28, 1997. The Committee reviewed and
recommends approval of an Option to Purchase Agreement for
property adjacent to the airport. The Committee received updates
on the Stewart annexation, AmeriCorps, the Mill Creek Special
Area Management Plan (SAMP), public art at Pioneer Cemetery,
and the Olson Canyon property. The Committee also reviewed
and recommended approval of amendments to the Supermall
rezone ordinance. The next regular meeting of the Planning and
Community Development Committee is scheduled for August 11,
1997 at 7:30 p.m.
C. Public Works
Chair Wagner reported the Public Works Committee met July 28,
1997. The Committee reviewed contract administration items and
received updates on the "B" Street LID, sewer capacity
improvements, status of water improvements to serve the Lea Hill
and Covington areas, and capital projects status report. The
Committee also reviewed grade separation options for "C" Street.
The next regular meeting of the Public Works Committee is
scheduled for August 11, 1997 at 5:00 p.m.
D. Finance
Chair Barber reported the Finance Committee met this evening at
6:30 p.m. The Committee discussed Ordinance No. 5000, which
amends the 1997 Budget, and Ordinance No. 5004, which
eliminates sewer availability fees. The Committee also received a
presentation on the 1996 Comprehensive Annual Financial Report.
The Committee also reviewed and recommends approval of claims
and payroll vouchers. The next regular meeting of the Finance
Committee is scheduled for August 18, 1997 at 7:00 p.m.
IV. CONSENT AGENDA
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City of Auburn Council Meeting Minutes August 4, 1997
IV. CONSENT AGENDA
A. Minutes
1. Minutes of the July 21, 1997 regular City Council meeting.
B. Vouchers
F4.9.2, F4.9.5
1. Claims
Claims check numbers 124892 through 125525 in the
amount of $1,744,204.73 for Period 7 and dated August 4,
1997.
2. Payroll
Payroll check numbers 240165 to 240485 in the amount of
$441,858.33 and electronic deposit transmissions in the
amount of $450,890.80 for a grand total of $892,749.13 for
the pay period covering July 15, 1997 to August 4, 1997 are
approved for payment this 4th day of August, 1997.
C. Call for Public Hearing
1. Curfew Ordinance
O1.8.1
City Council to call for a public hearing to be held on
September 2, 1997 to allow public comment on a proposed
curfew ordinance.
D. Surplus Property
F4.6.1
1. Public Works Surplus Property
a) Engineering Division
Request permission to declare surplus the following
items that are outdated technology and no longer in
use:
SummaSketch II Digitizer Serial No. 010338005E315211678
Mutoh Manual Drafting Machine
Model PA-20 Serial No. K831371
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City of Auburn Council Meeting Minutes August 4, 1997
Mutoh Manual Drafting Machine
Model PA-20 Serial No. K831160
NEC Laptop Computer
(8 years old) Serial No. 8700765HE
(FAN 0013200092)
Sony Video Time Lapse Machine
(11 years old) Serial No, 38220
(FAN 0013200041
b) Water Division
Request permission to declare surplus the following
telemetry control computer equipment (system has
been recently upgraded) which consists of 3 separate
pieces of hardware:
Podion Of Telemetry Control Computer Equipment -
Fixed Asset Number 4300056086
* Texas Instrument Master Control Keyboard
(Serial No. 40AB8886000122; Model No. CVU3684)
* 19" Monitor
(Sedal No. 40AF8803000071; Model No. 3608)
* Texas Instrument Professional Computer Basic
(Serial No. 406416005)
c) Equipment Rental
Request permission to surplus the vehicles listed
below. The vehicles have been heavily used, may
have high mileage, and/or are requiring more and
more costly repairs.
UNIT DESCRIPTION SERIAL NUMBER LICENSE NO,
P028C 1994 Ford Crown Victoria 2FALP71VVXRX140663 15597D
6721B 1990 Case Tractor 4x4 Loader B029412 08554D
E. Utility Bill Adjustment
F4.5.2
Recommend approval of utility adjustment to the following account
for the amount listed:
Account No. I 19 4060 $10,392.88
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City of Auburn Council Meeting Minutes August 4, 1997
F. Contract Administration
1. Public Works Project Number 586
O4.8.1 PR 586
City Council to approve Change Order No. 5 to Harbor
Pacific Contractors, for Public Works Contract No. 96-01,
North Central Storm Drainage Improvements, PR 586, in the
amount of $33,544.00.
2. Public Works Project Number 602
O4.8.1 PR 602
City Council to grant permission to advertise for bids for
Public Works Project Number 602, South Central Storm
Improvement Howard Road Infiltration Facility.
Motion by Councilmember Barber, second by Councilmember Brothers to
approve the Consent Agenda.
MOTION CARRIED UNANIMOUSLY. 7-0.
V. UNFINISHED BUSINESS
Thero were no items for Council review under this section.
VI. NEW BUSINESS
A. Application No. PLT0005-90
03.5 PLT0005-90
City Council to consider the request of The Lakeland Company for
final approval of Lakeland Hills Division No. 9, a 56-1ot single family
subdivision located within the Lakeland Hills development south of
the Stuck River, within the city of Auburn.
Motion by Councilmember Borden, second by Councilmember
Wagner to approve the final plat of Lakeland Division No. 9.
MOTION CARRIED UNANIMOUSLY. 7-0.
Please see Item VILA. 1 of these minutes for further action on this
item.
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City of Auburn Council Meeting Minutes August 4, 1997
B. Amendments to Supermall Rezone Ordinances
O3.3.1, 03.8 REZ0009-90
City Council to consider the request of the Hapsmith Company to
amend Ordinances Number 4627, 4742 and 4766 related to the
rezone for the Supermall of the Great Northwest.
Motion by Councilmember Borden, second by Councilmember
Barber to amend Ordinances No. 4627, 4742, and 4766 and
instruct the City Attorney to prepare the necessary ordinances.
In response to a question from Councilmember Cerino, Planning
and Community Development Director Krauss advised that the
covered walkway was not required by Metro.
MOTION CARRIED. 6-1. Councilmember Brothers voted no.
Please see Items VII. A.5, VII. A.6, and VII. A.7 of these minutes for
further action on this item.
VII. ORDINANCES AND RESOLUTIONS
A. O~inances
1. Ordinance No. 4997
03.5 PLT0005-90
An Ordinance of the City Council of the City of Auburn,
Washington, approving the Final Plat of Lakeland Division
No. 9, a 56-1ot single-family subdivision located within
Lakeland Hills, within the city of Auburn, Washington,
according to the plat on file with the Clerk of the City of
Auburn.
Motion by Councilmember Borden, second by
Councilmember Wagner to introduce and adopt Ordinance
No. 4997.
MOTION CARRIED. 6-1. Councilmember Brothers voted
RO.
Prior to a motion on Item VII.A.3 of these minutes,
Councilmember Brothers requested to change his vote on
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City of Auburn Council Meeting Minutes August 4. 1997
Ordinance No. 4997 from a negative vote to an affirmative
vote. There being no objection, Mayor Booth instructed the
result of the vote on Ordinance No. 4997 changed as
follows:
MOTION CARRIED UNANIMOUSLY. 7-0.
2. Ordinance No. 4998
03.1 ANX0003-97, A3.13.4
An Ordinance of the City of Auburn, Washington, annexing
to the City for municipal purposes certain land thereto,
known as the Fenster property which is adjacent to the east
City of Auburn city limits and repealing Ordinance No. 4994
passed July 21, 1997.
Motion by Councilmember Borden, second by
Councilmember Wagner to introduce and adopt Ordinance
No. 4998.
MOTION CARRIED UNANIMOUSLY. 7-0.
3. Ordinance No. 4999
A3.23.1 CAP0001-97, O3.10.2
An Ordinance of the City of Auburn, Washington, affirming
the Hearing Examiner's decision in Case No. CAP0001-97
to deny the appeal filed by Paul and Tina Christiansen for a
special home occupation permit to allow applicants to install
car stereos and alarm systems within automobiles owned by
others at 409 "U" Street S.E., in an R-2 (single family) zone,
within the city of Auburn, Washington.
Motion by Councilmember Borden, second by
Councilmember Barber to introduce and adopt Ordinance
No. 4999.
Councilmember Cerino questioned the enforcement
procedures for home occupation violations. City Attorney
Reynolds explained that if a home occupation exists without
proper permits, it is a zoning violation and subject to a
monetary fine.
MOTION CARRIED UNANIMOUSLY. 7-0.
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City of Auburn Council Meeting Minutes August 4, 1997
4. Ordinance No. 5000
F3.11
An Ordinance of the City Council of the City of Auburn,
Washington, amending Ordinance No. 4934, the 1997
Budget Ordinance, and authorizing the Mayor to accept
Schedule "A" which relates to the City of Auburn 1997
Budget reallocation of funds in various accounts in several
funds pursuant to RCW 35A.33.120, and setting forth
findings.
Motion by Councilmember Barber, second by
Councilmember Brothers to introduce and adopt Ordinance
No. 5000.
Councilmember Borden requested an explanation for the
increase in jail service fees to King County in the amount of
$52,000 and fire suppression overtime in the amount of
$73,000. Finance Director Supler explained that the King
County Jail rate has increased and there has been an
increase in the number of prisoners referred to the King
County Jail because of their medical fragility. Ms. Supler
explained that some long term prisoners will be transferred
to the Okanogan Jail; however, the City will continue to use
the King County jail for medically fragile and other prisoners.
The fire suppression overtime has increased due to an
increase in the number of calls.
MOTION CARRIED UNANIMOUSLY. 7-0.
5. Ordinance No, 5001
O3.3.1, 03.8 REZ0009-90
An Ordinance of the City Council of the City of Auburn,
Washington, amending Ordinance No. 4627 by revising
Condition No. 3.D.3 which requires financial performance
assurances that guarantee the quality of receiving water is
not being degraded for a minimum of five years following the
opening of Phase I-A and three years following the opening
of Phase II, 4C.6 which requires appropriate security to
guarantee the wetland mitigation for a three-year period of
time and 12.B. which required the developer to implement a
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City of Auburn Council Meeting Minutes August 4. 1997
free shuttle bus program for a minimum of two years if Metro
was not interested in operating a shuttle bus.
City Attorney Reynolds noted that Ordinances No. 5001,
5002 and 5003 all pertain to the Supermall and are a result
of negotiations with the Hapsmith Company. City Attorney
Reynolds commented on methods for providing that the
ordinances shall not become effective until such time as the
Hapsmith Company remits payment to the Auburn
Downtown Association. City Attorney Reynolds
recommended that Section 5 of each of the ordinance shall
include language to provide that the Ordinance shall take
effect and be in force five days from and after its passage,
approval and publication as provided by law, and upon the
payment of the current obligation payable to the Auburn
Downtown Association."
Motion by Councilmember Borden, second by
Councilmember Wagner to introduce and adopt Ordinance
No. 5001 amended to include language to guarantee
payment to the Auburn Downtown Association.
Councilmember Wagner expressed concern that the
language proposed by City Attorney Reynolds requires the
Hapsmith Company to pay current and future obligations to
the Auburn Downtown Association prior to the effect of the
Ordinances. City Attorney Reynolds clarified that the
ordinances would become effective five days after their
publication and upon payment of approximately $33,000 in
arrears to the Auburn Downtown Association. Mayor Booth
added that Mr. Stan Tabb has submitted a letter of
assurance to him that future payments will be made when
due.
Councilmember Wagner questioned why the letter of
assurance is not included as part of the ordinances. City
Attorney Reynolds expressed concern with including an
invalidation provision in an ordinance which would invalidate
the entire ordinance if there is a failure of payment in the
future.
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City of Auburn Council Meeting Minutes August 4, 1997
Councilmember Wagner asked what method the City can
use to guarantee the Hapsmith Company's payment to the
Auburn Downtown Association in future years. Mayor Booth
responded the City should accept Mr. Hapsmith's written
statement as his guaranty. If payment is not made, the City
would pursue payment through a court action.
Councilmember Wagner suggested that the amendment
should include the language recommended by City Attorney
Reynolds that the ordinances shall not be in effect until
payment is made for the amount currently due and payable
to the Auburn Downtown Association.
MOTION CARRIED. 6-1. Councilmember Brothers voted
RO.
6. Ordinance No, 5002
O3.3.1, 03.8 REZ0009-90
An Ordinance of the City Council of the City of Auburn,
Washington, amending Ordinance No. 4742, which
amended Ordinance 4627, to require the developer to
provide landscaping along the Interurban Trail within a
three-year time period and to provide a letter of credit, this
Ordinance No. 5002 now revising Condition No. 8.K.3 as
amended in Ordinance No. 4742 to remove the requirement
that the landscaping be completed within three years of the
approval of Ordinance No. 4742 and to allow the
performance assurance guarantee in Condition No. 3.D.3 to
replace the letter of credit requirement and revising
Condition No. 8.K.4 to conform to the revised Condition No.
8.K.3.
City Attorney Reynolds pointed out that the text of the
ordinance presented to the City Council contains a spelling
error on page 1, line 14, of the word April; and the exhibit to
the Ordinance, the last word in paragraph 4 of page 6
should read "Phase I1" and not "Phase I".
Motion by Councilmember Borden, second by
Councilmember Wagner to introduce and adopt Ordinance
No. 5002 as amended.
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City of Auburn Council Meeting Minutes August 4. 1997
Councilmember Borden clarified that the amendments
referred to in the motion include the scrivener' error changes
and the changes in the effective date language of the
Ordinance to include upon payment of the amount owing.
MOTION CARRIED. 6-1. Councilmember Brothers voted
no,
7. Ordinance No. 5003
O3.3.1,03.8 REZ0009-90
An Ordinance of the City Council of the City of Auburn,
Washington, amending Ordinance No. 4766, which
amended Ordinance 4627 by revising Condition No. 8.E to
require that a park and ride lot be provided concurrently with
the opening of Phase II of the Supermall and a covered
walkway be constructed, this Ordinance No. 5003 now
revising Condition 8.E as amended in Ordinance No. 4766
to remove the requirement of constructing a covered
walkway.
Motion by Councilmember Borden, second by
Councilmember Wagner to introduce and adopt Ordinance
No. 5003 as amended to include upon payment of the
amount owing in the effective date language of the
Ordinance.
Councilmember Brothers questioned whether Ordinance No.
5003 affects the requirement for the park and ride lot.
Planning and Community Development Director Krauss
indicated the park and ride lot requirement will not be
affected.
MOTION CARRIED UNANIMOUSLY. 7-0.
8. Ordinance No. 5004
F4.3, 04.6
An Ordinance of the City Council of the City of Auburn,
repealing Auburn City Code Section 13.20.430 and
amending Auburn City Code Section 13.20.440, Sewer Fees
and Charges, contained in Chapter 13.20 entitled Sewers to
eliminate sewer availability fees.
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City of Auburn Council Meeting Minutes August 4, q997
Motion by Councilmember Barber, second by
Councilmember Brothers to introduce and adopt Ordinance
No. 5004.
MOTION CARRIED UNANIMOUSLY. 7-0.
B. Resolutions
1. Resolution No. 2865
03.5 PLT0009-90
A Resolution of the City Council of the City of Auburn,
Washington, authorizing and approving the extension of the
Preliminary Plat of "Auburn Park", for an additional year.
Motion by Councilmember Borden, second by
Councilmember Wagner to adopt Resolution No. 2865.
MOTION CARRIED UNANIMOUSLY. 7-0.
VIII. MAYOR'S REPORT
A. Special City Council Meeting - 1998 Goals
Mayor Booth announced that a special City Council meeting is
needed to review 1998 Goals. Mayor Booth advised that staff will
poll the City Council via telephone for an acceptable date.
B. 1996 Audit
Finance Director Supler advised that the State Auditor's Office
completed the audit of the 1996 operations of the City of Auburn
including the financial aspects of the City and compliance with
federal, state and local laws. The City received a "clean" report
with no qualifications, and no audit findings were included in the
report. Finance Director Supler commended all city departments'
efforts in working with the State Auditor.
C. Police Department Accreditation
Mayor Booth announced receipt of a letter to Police Chief Purdy
advising that the Auburn Police Department was accredited by the
Commission on Accreditation for Law Enforcement Agencies Inc.
on July 26, 1997. Accreditation is for a term of three years.
Accreditation acknowledges the Departmenrs commitment to
professional standards, policies and practices. Chief Purdy
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City of Auburn Council Meeting Minutes August 4, 1997
advised that only five police agencies within the state of
Washington have achieved national accreditation. Of the
approximate 40,000 police agencies in the United States,
approximately 600 have completed accreditation.
D. Executive Session
Mayor Booth recessed the meeting to executive session at 8:35
p.m. for approximately 20 minutes in order to discuss potential
litigation. Mayor Booth indicated no action is anticipated as a result
of the executive session.
Mayor Booth reconvened the regular meeting at 8:52 p.m.
IX. ADJOURNMENT
There being no further business to come before the City Council this
evening, the meeting adjourned at 8:52 p.m.
Approved on the / ff'/qday of ~ ,1997.
~,~ ~- ~~ ~~zx~~
charles A. Booth, Mayor Robin Wohlhueter, City Clerk
97M8-04. DOC
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