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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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