HomeMy WebLinkAbout12-15-1998SPECIAL CITY COUNCIL MEETING
STATE LEGISLATORS FOR 1999
DECEMBER 15, 1998 4:00 PM
Auburn City Hall
Council Work Area
Minutes
I. INTRODUCTION
Mayor Booth called the special meeting of the Auburn City Council to order at
4:00 p.m., in the Council Work Area of Auburn City Hall. Mayor Booth and the
following members of the City Council were present: Gene Cerino, Fred Poe,
Pete Lewis, Sue Singer, and Rich Wagner. Councilmembers Jeanne Barber and
Trish Borden were excused.
Staff members present included: Fire Chief Bob Johnson, Planning and
Community Development Director Paul Krauss, Personnel Director Brenda
Heineman, Assistant City Attorney Judith Ausman, Public Works Director
Christine Engler, Police Chief Dave Purdy, Parks and Recreation Director Dick
Deal, Finance Director Diane L. Supler, and Deputy City Clerk Cathy Richardson.
Guests present included: Thirty-first District Senator Pam Roach, Thirtieth
District Legislator Mark Miloscia, Thirty-first District Legislator Mike Stensen,
Thirty-first District Legislator Chris Hurst, Auburn Chamber of Commerce
President Mike Morrisette, and John Santana with the Auburn Reporter.
Mayor Booth referred to the 1999 State Legislative Agenda, which is a statement
of issues of importance to the City. Mayor Booth pointed out that this is a draft
document and it requires further review by City Councilmembers and department
directors.
Mayor Booth requested a round table introduction to acquaint staff and the new
Legislators. Mayor Booth invited Senator Roach and the Legislators to
summarize their priorities, interests, and committee assignments.
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Special Meeting of the City Council
December 15, 1998
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II. LEGISLATOR COMMENTS
Senator Pam Roach stated that she is on the Law and Justice Committee, which
is now the Judiciary Committee. She has been Chair of this committee for the
last two years. She has also been assigned to the Technology and Utilities
Committee and the Ways and Means Committee.
Senator Roach explained that funding for the court system has been a priority for
her. She will be moving forward with this issue and with the mail fraud and car
theft legislation.
Senator Roach stated that she will be promoting bills related to establishing
health standards for body piercing and supporting family and parenting education
programs. She is seeking sponsorship from the State of Washington on an ad
campaign regarding parenting education. This method worked very well when
recycling was being promoted. It has proven to be very effective as a tool to
educate the public and in initiating behavioral changes.
Legislator Mike Stensen stated that this is his first term in the legislature. He has
seventeen years experience in local government issues and education. He has
served six years on the Enumclaw City Council, six years on the Planning
Commission, and is finishing his fifth year on the School Board.
Legislator Stensen explained that he has not been assigned to any committees
at this point, although he has been assured a seat on the Education Committee.
He has spent a considerable amount of time canvassing the community to learn
which issues are important to the local districts and has learned that education
will be a big issue this year. How the governor, house, and senate blend their
philosophies on education will be of particular interest to him. He intends to work
with the school districts to find ways to aid them in their goal to improve learning
and to meet standards throughout all of the districts.
Legislator Stensen stated that due to rapid growth in the area, transportation and
commuter trip reduction are other important issues. Water and endangered
species are also major concerns in this legislative session. His goal is to compile
the information from knowledgeable sources to make an impact towards
reasonable decisions in those areas.
Legislator Mark Miloscia introduced himself and pointed out that he is also a
freshman in the legislature. He is presently a Commissioner for the Lakehaven
Water District. He will be resigning from this position in the first week of January,
Special Meeting of the City Council
December 15, 1998
Page 3
1999. He has been assigned to the State Government, Capitol Budget, and
Financial Institutions and Insurance Committees.
Legislature Miloscia stated that his main goals are to bring forth a vision of
decentralized and open government, to have some issues moved from the state
level to local governments, streamline procedures, the reduction of congestion
within the state, and improving schools statewide.
Legislator Chris Hurst stated that he has been a law enforcement officer for
seventeen years. He stated that transportation is a very important issue to the
Thirty-first District. Legislator Hurst recounted a forty minute delay he recently
experienced at a railroad crossing while trying to get through Auburn. His
concern is that while we have significant problems regarding transportation,
federal law dictates the leverage that local governments have to deal with the
problems.
Legislator Hurst stated that some of the transportation funds we have should be
used to build a fast-track corridor. Priorities need to be established in regards to
grade crossings and other concerns for the Auburn area.
Legislator Hurst noted that Auburn and surrounding cities have concerns with
county and state governments in the area of unfunded mandates for projects
brought before the legislature. Local municipalities are being held accountable
for the funding for these projects.
Legislator Hurst stated that he has been assigned to the Judiciary Committee,
the Transportation Committee, and the Commerce and Labor Committee. These
assignments have not yet been confirmed.
Mayor Booth stated that the City of Auburn staff will be more than willing to assist
with information that might be needed to reach the goals stated by the
Legislators.
III. TRANSPORTATION
Mayor Booth requested that Planning Director Paul Krauss and Public Works
Director Christine Engler present the City's goals on transportation.
Mr. Krauss distributed a brochure on the FAST Corridor to Senator Roach and
Legislators Milascio, Stensen, and Hurst. FAST is a project that the City of
Auburn helped to create. Every city from Tacoma to Everett, including Seattle,
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December 15, 1998
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Port of Seattle, the Burlington Northern and Union Pacific Railroads, and the King
County are all involved.
Mr. Krauss stated that between federal and local sources, approximately 60% of
the total funding for FAST has been put together. There have been special
congressional allocations for several projects in Auburn and elsewhere. There is
now a new federal corridor program that has been devised for a transportation
system that should help with funding. The City of Auburn is ready to begin
construction of these projects and projects in other areas also. The City of
Auburn plans to begin construction in 1999.
Mr. Krauss stated that the 277th Street project will be a major east/west corridor
connecting Federal Way to Lea Hill and State Route 167 to Interstate 5. The
problem the City will have to confront is that the stretch being constructed by the
City of Kent will be open in 1999 with an estimated 25,000 vehicles per day
traveling on it. The portion constructed by the City of Auburn will not be ready at
that time.
Ms. Engler reiterated that the city would like to begin construction of the 277th
corridor to preclude the problems presented by Mr. Krauss. The 3rd Street
project is exactly on time and construction should begin in 1999. Real estate
acquisitions have already begun.
Ms. Engler explained that the Rapid Transit Station project is very critical to
facilitate transportation in and out of the city. This will be a regional facility to
take commuters to and from the Auburn area.
In response to questions from Senator Roach, Ms. Engler stated that the funding
for the Rapid Transit Station project is still being sought. Design funding,
consisting in large part of federal funds, for these two projects has already been
received.
Mr. Krauss clarified that the FAST Corridor was put together with the knowledge
that the federal government would be a partner. Initially, a rough calculation was
made that assumed approximately 40% of the funding would come from federal
sources, 10% to 15% from local sources, including the railroad, and 50% from
state sources. Approximately 60% of the funds were committed prior to state
participation. The FAST Corridor has been rated as one of the top projects in the
state by the State Mobility Advisory Committee (SMAC) and Legislative
Transportation Commission (LTC).
Special Meeting of the City Council
December 15, 1998
Page 5
Mr. Krauss stated that Referendum 49 does not make a commitment of funds,
though the City is hopeful that the 277th Corridor will be one of the projects
funded through this resource.
In response to questions from Legislator Miloscia, Mr. Krauss stated that the
City's position is that once the project is completed, the maximum speed limits of
the trains may be reconsidered. An increase in operations is expected to occur.
Mr. Krauss referred to a display board indicating the origin of the Stampede Pass
track and the 3rd Street grade separation. The Burlington Northern Rail Yard is
located in Auburn. The Railroad has talked of converting to a major intermodel
truck-to-train line. There could be as many as 3,000 truck movements per day.
There is no commitment to convert the rail yard at this time, but Auburn believes
this may happen in the future. Due to the types of rail movements this would
create, there are several intersections that become blocked at the same time for
long periods. This creates major problems not only in moving goods and
services, but with the mobility of emergency services vehicles. These are also
significant commute corridors.
Ms. Engler explained that the significance of the congestion that could be created
in Auburn is that it will affect the various ports in the area. It will create a major
conflict in the movement of goods to the port terminals. Approximately 50% of
the cost of shipping in eastern Washington is due to congestion within King
County.
Mayor Booth commented that is takes as long for an orchard grower in
Wenatchee to truck his goods from Wenatchee to Issaquah as from Issaquah to
the railhead.
Councilmember Lewis stated that Auburn was one of the first cities to raise an
alarm concerning the railroad and the transportation issues involved. Many times
it takes as long as ten minutes for the trains to clear the intersections. The length
of the trains can be up to a mile and a half long and there are as many as ten to
fifteen trains that run each day. At such times more than one intersection is
blocked and all traffic moving eastJwest and north/south is stopped.
In response to questions from Legislator Miloscia, Ms. Engler stated that the
difference between the Union Pacific Railroad (UP) and the Burlington Northern
Sante Fe Railroad (BNSF) is the number of trains. The BNSF is the largest
customer using tracks within the city limits.
Special Meeting of the City Council
December 15, 1998
Page 6
Mr. Krauss stated the Union Pacific Railroad and the Burlington Northern are
traditional competitors even though they share track. They have recently
developed some joint operating agreements. There have been some efforts to
rationalize and split the loads carried by the railroads. There will be more
passenger traffic on the BNSF due to commuter rail and Amtrak increases. This
will push more freight traffic to the UP. Mr. Krauss explained that mainline traffic
produces up to fifty to sixty movements per day.
Mayor Booth explained that there are 3,000 truck trips per day, seven days per
week, twenty-four hours per day. At "M" Street for example, which is a non-
separated crossing, the volume of traffic produces 21,000 to 31,000 trips per day
at AM/PM peak. This can stop traffic from fifteen to twenty-seven minutes. Many
of the Stampede runs, which range in length up to 7,100 feet, are now being run
at night. The UP is on the west side of town and affects the industrial area more
than the downtown area.
Mr. Krauss commented that there are numerous communities affected by the
train traffic. The eighteen projects are scattered from Tacoma to Everett. These
projects, among others, were chosen after in-depth studies with the Department
of Transportation, surrounding communities, and the railroad consultants.
Ms. Engler stated that there are various commissions and boards set up to study
transportation problems within the state, the latest of which is the Governor's
Freight Mobility Strategic Investment Board. The FAST Corridor projects are
among its top forty-eight projects.
Mayor Booth stated that various means of funding have been sought for the
continuation of Highway 18 to Interstate 90. Other projects of major interest to
the City of Auburn are a truck passing lane on Highway 18 between Auburn and
Federal Way, completion of the next phase of HOV's on State Route 167, and
Lake Tapps Parkway.
Mayor Booth described the perimeters of the Lake Tapps Parkway and the
impact it will have on the valley traffic congestion.
IV. MUNICIPAL FINANCE
Mayor Booth introduced Finance Director Diane L. Supler. Ms. Supler explained
that one of the items introduced in the next legislative session is the dilution of
the existing revenue stream for local governments. Approximately twenty bills
were introduced last year that would have provided special tax exemptions to
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Special Meeting of the City Council
December 15, 1998
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selected business for paying sales tax. Ramifications of the exemption given to
the manufacturing industry in 1996 and 1997 are still unknown. The
interpretation of a manufacturing business continues to be expanded. The
dilution of our sales tax is a very significant issue. In the first year the City saw a
$2,000,000 reduction in sales tax out of a $29,000,000 budget. There is no
system in place that tracks the exemptions. The Department of Revenue collects
the exemption certificates but the exact dollar amount is unknown. From a
financial perspective, this issue and unfunded mandates are the two biggest
concerns.
Councilmember Lewis pointed out that companies such as Boeing are qualified
to receive the exemption reducing the tax revenue to the various local areas.
V. LOCAL AUTHORITY/SAFETY
Mayor Booth expressed the importance of local control over local issues and
concerns. The lawsuit filed against fourteen cities by US West is a matter of
substantial importance. Assistant City Attorney Ausman stated that declaratory
relief is being sought by the fourteen cities involved in Pieme County Superior
Court against US West for clarification that the cost of relocation of below or
above ground utilities in a public right of way should be born by US West. They
do not believe that local governments have the right to make them pay for
relocation fees. Ms. Ausman indicated that it is very complicated but the
preservation of local control over local rights of way is of utmost importance.
Ms. Engler reported that US West does not consider it a privilege to place their
facilities within the public right of way. Other companies are franchised to do so
and cooperate with the city by bearing their portion of the expense of reforming
the right of way.
Mayor Booth addressed the issue of safety. The City opposes the imposition of a
mandatory increase in training for fire and police and mandatory sentencing and
the impact this has on the cost of operations for the city. The City is working with
various committees with King County regarding these issues. The City would
prefer to keep adult incameration out of the state and county level.
Mayor Booth explained that juvenile services are provided at the county level as
the City does not have the resources to provide juvenile services.
Mayor Booth reported on the City's stand on potential liabilities associated with
Year 2000 computer difficulties. Local entities should enjoy immunity from suit
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for their good faith performance in preparing or responding to damages or
injuries that may ensue,
Councilmember Wagner commented on the City's position on cross
.commissioning of tribal public safety officers. Protection from liabilities that could
incur are very important.
Mayor Booth stated that the tribal entity has immunity from liability as a result of
tribal sovereignty.
In response to questions from Senator Roach, Police Chief Dave Purdy
explained that the tribal authorities have not established protocol. They are not
willing to negotiate that. Problems occur when tribal police are trying to take
enforcement action and Auburn police are called for service on the same
incident. Protocol must be established to eliminate duplication of response and
the possibility of no response. Protocol and mutual aid have been established
with the State Patrol who has jurisdiction on state highways located within the
city limits.
VI. WATER RESOURCES
Ms. Engler explained that the City of Auburn is in the unique position of having
the ability of being able to supply more water than we currently have demand for.
The City does not have the water rights to that water. The Department of
Ecology (DOE) is not legally able to give the City water rights to water that has
not been put to beneficial use. This has created substantial problems. With the
Growth Management Act (CMA) the ability to support growth and development is
predicated on the City's ability to take inchoate water rights and use them in the
future to support growth.
Councilmember Poe stated that the City of Auburn is spending a large amount of
funds on studying the aquifer in a manner acceptable to DOE. There are
interlocal agreements to supply water to two other utility districts, which are
sharing in the study.
Senator Roach commented that the concept of regionalizing sometimes creates
the attitude that the City's resources belong to the entire region.
Mayor Booth stated that the City should be able to benefit by keeping the local
rates Iow. The City of Auburn provides emergency water to Algona, Pacific,
Water District 111, and Lakehaven Water District.
Special Meeting of the City Council
December 15, 1998
Page 9
Senator Roach stated that in the past municipalities and local jurisdictions with
excess resources or land were able to barter with the Department of Natural
Resources.
Ms. Engler remarked that among the issues related to water rights is that it is
now questionable as to what constitutes a service area. Growth Management
Act urban areas need to be areas that can be expanded into or that growth has
been confined to whether it is your own city, potential annexation area, or
neighboring cities.
VII. ENDANGERED SPECIES ACT
Mr. Krauss stated that the State has a process regarding the restoration of
salmon. This has filtered down to the local agencies through the Water
Resource Inventory Area (WRIA) organizations. Intervening that process in the
Auburn area is the Tri-County process. The cost and the source of funds for the
Tri-County process are unknown at this time.
Mr. Krauss explained that harvest, hydro, habitat, and hatchery, referred to as
the four "H's", are all involved in the restoration of salmon runs. Local
governments are only involved in habitat exposure. The State is negotiating
harvest with the fisheries and tribes. Regardless of efforts made to restore
habitat, under the Endangered Species Act (ESA) anyone can sue you. It is
critical that all agencies work together to accomplish restoration. The City
receives a modest amount of funding from the state for habitat restoration.
Ms. Engler pointed out that leadership at the state level is needed to enable the
City to tie in with a state plan that provides a common base of science. Most
Focal municipalities do not have that type of resource on staff to develop their
own habitat conservation plan.
Mayor Booth commented that the City of Auburn is fortunate to receive some
data and expertise from the Muckleshoot Indian Tribe.
Ms. Engler stated that, for local government, ecology is significantly under-
funded.
Discussion followed concerning funding for studies, community participation,
various scientific models for restoration, water rights, and the changes occurring
in the rivers and streams in the northwest.
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Special Meeting of the City Council
December 15, 1998
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VIII. PROVISION OF LOWAND MODERATE INCOME HOUSING
Mr. Krauss stated that Iow and moderate income housing comprises almost 50%
of the housing located in Auburn. The City would like to see a more equitable
distribution of this type of housing.
Mr. Krauss stated that the cost of residential housing has risen considerably.
The City of Auburn works with developers to assist in lowering the rapid
escalation in home pricing. Under the GMA the City has spent the last six or
seven years amending procedures under regulatory reforms to make the
development process faster and less expensive. Mr. Krauss commented that if
the state is going to require this type of housing it should provide direct funding
for first time buyer programs and other means of iow cost loans to multi-family
developers.
Councilmember Cerino expressed concerns regarding unfunded mandates and
the consequences that additional impact fees create for the school district and
agencies providing emergency services. The state withdrew the ability to raise
local funds and it is very difficult to raise funds through special elections.
Affordable housing will be very hard to find if impact fees for schools, police, fire,
and parks are added to the initial cost of a home.
IX. ADJOURNMENT
There being no further business to come before the Council this evening, the
meeting adjourned at 5:45 PM.
Approved on the /~'~-~' day of~~.~ , 1999.
Charles A. Booth, Mayor
Danielle Daska~n~'-City Clerk