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HomeMy WebLinkAbout07-06-1999 CITY OF AUBURN COUNCIL MEETING MINUTES July 6, 1999, 7:30 p.m. CALL A. TO ORDER Fla.q Sa ute Mayor Charles A. Booth called the meeting order at 7:30 PM and led those in attendance in the Pledge of Allegiance. Roll Call Mayor Booth and the following Councilmembers were present: Pete Lewis, Sue Singer, Jeanne Barber, Fred Poe, Gene Cerino, and Rich Wagner. Councilmember Trish Borden was excused from the meeting. 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, City Engineer Dennis Dowdy, Planning and Community Development Director Paul Krauss, City Attorney Michael J. Reynolds, and City Clerk Danielle Daskam. Announcements and Appointments 1. Announcements a) Mayor Booth congratulated the Parks and Recreation Department staff on a successful Fourth of July celebration at Les Gove Park. Parks and Recreation Director Deal estimated approximately 3,500 people attended the Fourth of July activities. b) Mayor Booth recognized members of Boy Scout Troop 306 in attendance this evening. Troop Leader Dave Gross explained the scouts are working towards Page1 City of Auburn Council Meefin;] Minutes July 6, 1999 I1. their Communications Merit Badge. Troop Leaders present included David Gross, Lynn Seegmiller, and Eric Myers. Scouts present during the meeting included Jordan Bowman, Larry VVellman, Spencer Fish, Eddie Fish, Robbie Burris, and Ramon Iribe. Appointments There were no appointments for City Council consideration. Agenda Modifications Agenda modifications included the reconsideration of vetoed Ordinance No. 5253 transmitted under Item V.A of these minutes. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE Public Hearings There were no public hearings scheduled for this evening. B. Audience Participation Alan Keimig, 216 "A" Street NW, Auburn, WA Mr. Keimig spoke in favor of reconsideration and adoption of Ordinance No. 5253 relating to emergency Comprehensive Plan Amendments which include a Level of Service "F" for the intersection of "A" Street SE and Ellingson Road. Mr. Keimig noted that the traffic study on his project does give some other indications of intersections within the study area to which mitigation fees are assigned. However, the study does not assign fees to the intersection of Ellingson and "A" Street SE because the intersection cannot be improved. He urged the City Council to reconsider and adopt the emergency Comprehensive Plan amendments. Ralph Moose, 3310 20th Street SE, Auburn Mr. Moose described a storm water problem affecting his home that first began in the 1970's. According to Mr. Moose, in the late 1970's the City extended 20th Street through to Scenic Drive and since that time he has been plagued by a storm drainage problem. He reported that storm water comes down 20th Street and Hemlock Street and collects in front of his residence. Also, in 1984 the City constructed a storm drain connecting 20th Street to 21st Street, and now surface water from 21st Street also flows towards his home. He reported that approximately two weeks ago during a Page 2 City of Auburn Council Meetin;I Minutes July heavy rain, his home flooded. He stated that the storm drains are not adequate to handle the rains that have occurred over the last twenty years. He expressed doubt over whether he would be able to sell his home because of the flooding. Mr. Moose presented a digital photograph of standing water in the street during what he described as a moderate rainstorm. He also presented photographs of recent flood damage to his home. He noted that the water line is visible on his garage door, and his walls and floors are damaged. Mr. Moose also reported that after a flood in 1993, he installed a dry well in an effort to catch the flooding storm water before it entered his garage and house. Mayor Booth directed that Public Works staff investigate the matter. Scott Stephens, 11528 SE 323rd Place, Auburn, WA Mr. Stephens commented on gambling in the city of Auburn and the City Council's action on June 21, 1999 in adopting Ordinance No. 5250. He asked that if the Council revisits Ordinance No. 5250, relating to card rooms, that Councilmembers take the opportunity to terminate Freddies Club's gambling activities. He urged the Council to not allow Funsters to establish a gambling business in Auburn under an exemption. Mr. Stephens asked that each Councilmember respond to his questions as to why each voted either for or against the ordinance and what financial interest each Councilmember and family members may have now or anticipate in the future from proposed gaming establishments. Councilmember Lewis responded that because of information given to the Council by the state and the Gaming Commission, the Council was placed in a situation where there was no alternative but to allow Freddies Club to locate in Auburn. He felt the City had already given its word and the Council must stand by that decision. He also expressed offense at the question regarding receiving any financial benefit from his vote on the gambling ordinance. He stated that neither he nor anyone he knows has a financial interest or is receiving any financial benefit from gambling establishments in Auburn. Councilmember Barber agreed with comments made by Councilmember Lewis. She stated her vote is not for sale. Page 3 City of Auburn Council Meetin.q Minutes July 6, 1999 II1. Councilmember Cerino responded that his role as an elected Councilmember is to represent the citizens of Auburn and to make sound fiscal decisions as opposed to decisions based upon emotions. Councilmember Wagner concurred with Councilmember Lewis's comments and stated that he voted to "grandfather" Freddies Club in order to maintain the City's word. Correspondence No correspondence was received for Council review. COUNCIL COMMITTEE REPORTS ^3.7.6 A. Municipal Services Chair Poe reported the Municipal Services Committee met this evening at 6:00 PM. The Committee discussed and recommended approval of Resolution No. 3103 authorizing an agreement with S. M. Stemper Architects for roofing consultant services at Auburn Municipal Airport. The next regular meeting of the Municipal Services Committee is scheduled for July 19, 1999 at 6:00 PM. Planninq & Community Development Chair Borden was not in attendance, and no report was given. Public Works Chair Wagner reported the Public Works Committee met June 28, 1999. The Committee discussed the Third Street Project funding strategies, the Lake Tapps Task Force, and the storm water utility cost of service study. Mayor Booth added that the advertisement for bids on the Third Street Project may be delayed until additional information is received on the status of funding. The next regular meeting of the Public Works Committee has been changed to meet on Tuesday, July 13, 1999 at 4:30 PM. Finance Chair Barber reported the Finance Committee met this evening at 6:30 PM. The Committee discussed and recommended approval of claims and payroll vouchers, Ordinance No. 5263, Ordinance No. 5264, and Ordinance No. 5265. The Committee also discussed the Information Services and Technology Plan, the Valley Communications building, and the senior discount and Page 4 City of Auburn Council Meetin;i Minutes July 6, 1999 IV. rebate program. The next regular meeting of the Finance Committee will be held July 19, 1999 at 6:00 PM. CONSENT AGENDA A. Minutes 1. Minutes of the June 21, 1999 regular City Council meeting. B. Vouchers F4.9.2,F4.9.5 Claims Claims check numbers 142975 through 143602, excluding voided checks 142996 to 143020, in the amount of $1,456,457.26 for Period 6 and dated July 6, 1999; and a wire transfer (Sequence No. 990629001943) to King County Library System in the amount of $133,722.31. Payroll Payroll check numbers 253371 to 253616 in the amount of $396,492.41 and electronic deposit transmissions in the · amount of $540,195.78 for a grand total of $936,688.19 for the pay period covering June 16, 1999 to June 30, 1999. C. Contract Administration Public Works Project Number 625 O4.8.1 PR 625 City Council to grant permission to advertise for bids for Public Works Project Number PR 625, Auburn Storm Detention Facility Expansion. Councilmember Barber moved and Councilmember Lewis seconded to approve the Consent Agenda. MOTION CARRIED UNANIMOUSLY. 6-0. Page 5 I] [ 1 --- I111 City of Auburn Council Meetin;I Minutes July 6, 1999 UNFINISHED BUSINESS Vetoed Ordinance No. 5253 03.4.3 An Ordinance of the City Council of the City of Auburn, Washington, relating to planning; adopting emergency Comprehensive Plan text amendments pursuant to the provisions of R.C.W. Chapters 36.70A and 35A.63 of the laws of the state of Washington; designating these amendments as guidelines for exercising the City's authority under the Washington State Environmental Policy Act (SEPA); directing that this ordinance and the Comprehensive Plan amendments it adopts and approves be filed with the Auburn City Clerk and be available for public inspection. Pursuant to the authority of state law and Auburn City Code Section 2.03.060, on July 1, 1999, Mayor Booth vetoed Ordinance No. 5253 and filed his written objections to the Ordinance. The Ordinance now proceeds to reconsideration. Mayor Booth objected to the adoption of Ordinance No. 5253 because it essentially establishes an impact fee schedule without complying with the requirements of RCW 82.02.050(3), which is the state law governing establishment of impact fees, Further, mitigation fees, pursuant to WAC197-11-660, can only be exacted through the use of SEPA if the City has adopted policies that support the exaction, the exaction is directly related to the impact of the development, and the development is only required to pay its proportionate share of its impact. The fees established by Ordinance No. 5253 do not meet these tests. Mayor Booth offered an'alternative to the fees that Council proposed as part of the emergency Comprehensive Plan amendments as stated in the memorandum to Councilmembers dated July 1, 1999. Councilmember Poe moved and Councilmember Singer seconded to reconsider Ordinance No. 5253. MOTION CARRIED UNANIMOUSLY. 6-0. Page 8 City of Auburn Council Meetin~ Minutes July 6, 1999 Councilmember Poe moved and Councilmember Cerino seconded to pass Ordinance No. 5253 with an amendment to Section 1, to replace the underlined provision which reads "any development that impacts the 41st Street intersection will pay mitigation fees the same as the Lakeland resolution of April 29, 1998" with the following language as suggested by Mayor Booth: "based upon traffic impact studies required by SEPA, any development that impacts the 41st Street SE and "A" Street SE intersection shall pay its pro-rata share of intersection improvements at the intersection of Lakeland Hills Way and the East Valley Highway and the City of Auburn will collect any such fees for the exclusive purpose of sharing the total costs of these intersection improvements with the City of Pacific." Councilmember Lewis stated that in prior discussions regarding impacts of intersections, any development could impact the intersection of 41st Street SE and "A" Street SE. Planning and Community Development Director Krauss explained that staff members have typically used the threshold of ten trips. Councilmember Lewis requested assurance that development in the North Auburn Business Park would not trigger the requirement to pay for intersection improvements at 41st and "A" Street SE. Mr. Krauss stated that using the ten-trip threshold eliminates most of the situations referred to by Councilmember Lewis. Councilmember Wagner stated he reluctantly supports the amendment regarding pro-rata share of improvement costs versus mitigation fees associated with the Lakeland Hills Planned Unit Development (PUD). He expressed concern that the fees will be insufficient and lower than those required under the Lakeland PUD agreement. MOTION TO PASS ORDINANCE NO. 5253, AS AMENDED, CARRIED. 5-0. Councilmember Lewis abstained. Page 7 I' r r ----~T Illl ~ City of Auburn Council Meetinq Minutes July 6, 199'~ VI. NEW BUSINESS There were no items under this section for City Council review. VII. ORDINANCES AND RESOLUTIONS A. Ordinances Ordinance No. 5231 A3.13.8 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 VVhite Mountain Trails LLC. Councilmember Singer moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5231. Planning and Community Development Director Krauss advised that the applicant's property is located on Lea Hill and is in the vicinity of the Kent watershed. MOTION CARRIED UNANIMOUSLY. 6-0. Ordinance No. 5261 F4.3 An Ordinance of the City Council of the City of Auburn, Washington, amending Section 19.02.070 entitled "Fee Collection" contained in Chapter 19.02 entitled "School Impact Fees" to clarify Subsections (A), (B), (C), and (D) and amending Section 19.02.080 entitled "Exemptions" to clarify Subsection (A). Councilmember Singer moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5261. Councilmember Poe thanked Assistant Planning Director Rued for preparing the proposed amendment to clarify Auburn City Code Section 19.02.070. Page 8 City of Auburn Council Meetin;I Minutes July 6, 19~o~, Councilmember Poe moved and Councilmember Cerino seconded to amend Exhibit "A", Section 19.02.070, paragraph A, second line, by striking the words "prior to or". MOTION CARRIED UNANIMOUSLY. 6-0. MOTION TO ADOPT ORDINANCE NO. 5261, AS AMENDED, CARRIED UNANIMOUSLY. 6-0. Ordinance No. 5263 A3.9.5 An Ordinance of the City Council of the City of Auburn, King County, Washington, approving the Collective Bargaining Agreement between the City and the employees, members of the Driver Sales and Warehouse Union Local 117, Outside Unit for 1999-2001. Councilmember Barber moved and Councilmember Wagner seconded to introduce and adopt Ordinance No. 5263. MOTION CARRIED UNANIMOUSLY. 6-0. Ordinance No. 5264 A3.11 An Ordinance of the City of Auburn, Washington, adding a new Chapter 2.90 to the Auburn City Code in order to provide indemnification for city officials and city employees and volunteers. Finance Director Supler advised that the Finance Committee recommended a change to Exhibit "A" of Ordinance No. 5264, Section 2.90.040, second paragraph, to insert the following sentence at the beginning of the paragraph to read: "Individuals will be notified by registered mail, return receipt, of Council's determination within five business days." Councilmember Wagner moved and Councilmember Barber seconded to introduce and adopt Ordinance No. 5264 with the modification suggested by Finance Director Supler. Page 9 City of Auburn Council Meetin~q Minutes July 6, 199q MOTION CARRIED UNANIMOUSLY. 6-0. Ordinance No. 5265 A4.1.4 An Ordinance of the City of Auburn, Washington, amending Ordinance No. 5221 passed April 5, 1999, to correct a scrivener's error. Councilmember Barber moved and Councilmember Wagner seconded to introduce and adopt Ordinance No. 5265. MOTION CARRIED UNANIMOUSLY. 6-0. Resolutions Resolution No. 3098 O3.11.3 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor of Auburn to award neighborhood matching grants to selected applicants. Councilmember Singer moved and Councilmember Lewis seconded to adopt Resolution No. 3098. Councilmember Wagner expressed disappointment that the Veterans Memorial did not qualify for funding under this program. He spoke in favor of the City supporting the Veterans Memorial through other means such as the Arts Commission. Mayor Booth added that the City has contributed to the Veterans Memorial by providing for a designated location at City Park. Councilmember Lewis pointed out that to be eligible for funding through the neighborhood matching grant program projects must be sponsored by a neighborhood. MOTION CARRIED UNANIMOUSLY. 6-0. Page 10 City of Auburn Council Meetin;I Minutes July 6~ 199q Resolution No. 3099 04.9.3 A Resolution of the City Council of the City of Auburn, Washington, fixing 7:30 p.m. on August 2, 1999 as the time and date for a public hearing before the City Council on the 2000-2005 Six Year Transportation Improvement Program. Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution NO. 3099. MOTION CARRIED UNANIMOUSLY. 6-0. Resolution No. 3101 05.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn to execute an amendment to Resolution No. 2059 for professional services between the City and the landscape architect firm of JGM. Councilmember Singer moved and Councilmember Lewis seconded to adopt Resolution No. 3101. MOTION CARRIED UNANIMOUSLY. 6-0. Resolution No. 3102 O3.11 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn to enter into an Interlocal Cooperation Agreement between the City and King County, for the purposes of administering the Federal Home Investment Partnerships Program (HOME). Councilmember Singer moved and Councilmember Lewis seconded to adopt Resolution No. 3102. MOTION CARRIED UNANIMOUSLY. 6-0. Page 11 City of Auburn Council Meetinfll Minutes July 6, 1999 Resolution No. 3103 04.4.9.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Agreement for Professional Services with S. M. Stemper Architects to provide roofing consultant services at Auburn Municipal Airport. Councilmember Poe moved and Councilmember Cerino seconded to adopt Resolution No. 3103. MOTION CARRIED UNANIMOUSLY. 6-0. VIII. MAYOR'S REPORT Executive Session Mayor Booth recessed the meeting to executive session at 8:24 PM for approximately thirty minutes in order to discuss collective bargaining and litigation matters. He indicated no Council action is anticipated following the executive session. At 8:48 PM Mayor Booth reconvened the meeting. IX. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:48 PM. /~ da of ~ Approved on the y ,1999. Charles A. Booth, Mayor ",Danielle Daskam, City Clerk Page 12