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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 Page I 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 Page 2 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 Page 3 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 Page 4 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 Page 5 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 Page 6 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 Page 7 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. Page 8 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 Page 9 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. Page 10 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 Page 11 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. Page 12 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. Page 13 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. Page 14 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 Page 15 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 Page 16