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HomeMy WebLinkAbout04-01-2002 CITY OF AUBURN COUNCIL MEETING MINUTES April 1, 2002 7:30 PM I. CALL TO ORDER A. Flag. Salute Mayor Peter B. Lewis called the meeting to order at 7:30 PM in the Council Chambers at Auburn City Hall and led those in attendance in the Pledge of Allegiance. B. Roll Call Mayor Lewis and the following Councilmembers were present: Rich Wagner, Jeanne Barber, Trish Borden, Fred Poe, Sue Singer, Stacey Brothers and Gene Cerino. Staff members present included: City Attorney Daniel B. Heid, Planning and Community Development Director Paul Krauss, Public Works Director Christine Engler, Fire Chief Bob Johnson, Police Chief Jim Kelly, Parks and Recreation Director Daryl Faber, Finance Director Shelley Coleman, Sergeant of Investigations Larry Miller, Special Projects Engineer Jack Locke, Storm Drainage Engineer Tim Carlaw, and Deputy City Clerk Cathy Richardson. C. Announcements and Appointments 1. Announcements a) Proclamation - Sexual Assault Awareness Week Mayor Lewis read a proclamation from Washington State Governor Gary Locke proclaiming April 7-13, 2002 as Sexual Assault Awareness week. Mayor Lewis presented the proclamation to Lindsay Palmer from King County Sexual Assault Research Center. Page1 City of Auburn Council Meeting Minutes April 1, 2002 Ms, Palmer thanked the Auburn community for their commitment and work towards ending sexual violence. Ms. Palmer presented awards to Sergeant Larry Miller and Detectives Steve Stocker and Randy Clark of the Auburn Police Department for their participation in the Risk Management Team. Ms. Palmer explained that the Risk Management Team addresses risk management issues regarding sex offenders that are released into the South King County area. Ms. Palmer also thanked Department of Corrections Risk Management Provider Dana Osborne and Christie Neal. 2. Appointments There were no appointments for Council consideration. D. Agenda Modifications There were no agenda modifications for Council consideration. I1. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearin.qs 1. Application Number V-05-01 03.9 v-05-01 City Council to conduct a public hearing on a City of Auburn initiated request to vacate a portion of "D" Street NE, The area requested for vacation is a 30-foot strip of right-of-way within the Auburn Municipal Airport and is surrounded by parcels owned by the City of Auburn Municipal Airport. Special Projects Manager Jack Locke reported that in 1987 the City of Auburn conveyed that portion of "D" Street referred to in Application Number V-05-01 to the Auburn Airport by resolution. Mr. Locke indicated that the proper way to convey a dedicated right-of-way is by street vacation. The vacation of the property referred to in Application No. V- 05-01 is simply a housekeeping measure. Mayor Lewis opened the public hearing. No one in the audience requested to speak. Page 2 City of Auburn Council Meetin;I Minutes April l, 2002 Councilmember Wagner moved and Councilmember Poe seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Moratorium on Sexually Oriented Businesses 03.4.2.1.2 Resolution No. 3436, adopted March 4, 2002, established an initial one-year moratorium on the filing with the City or the Courts of any applications for licenses, permits and approvals for sexually oriented businesses, sexually oriented businesses and adult use facilities as those terms are commonly understood and defined in industry circles and area municipal regulations. RCW 35A.63.220 requires the Council to conduct a public hearing on this moratorium within sixty days from the effective date of the moratorium. City Attorney Daniel Heid reported that the moratorium on sexually oriented businesses is already in place. Washington State statutes provide that a moratorium on land use regulations may be implemented prior to a public hearing, but a public hearing must be held within sixty days of the date of the moratorium. The City Council implemented the moratorium to prevent additional businesses from developing until such time as the City has an opportunity to develop regulations and restrictions with regard to sexually oriented businesses. Mayor Lewis opened the public hearing. Diane Esplin, 1322 49th Street SE, Auburn Ms. Esplin thanked the Mayor and Councilmembers for implementing the moratorium. Ms. Esplin requested that Councilmembers consider adverse secondary effects of sexually oriented businesses such as increased crime, drug related activities, and property devaluation. Michele Kelly, 5409 James Place SE, Auburn Ms. Kelly stated that she is opposed to the moratorium. Ms. Kelly stated that she feels the problems influencing teenagers in the Auburn area are teen pregnancies, alcohol, Page 3 City of Auburn Council Meeting Minutes April 1, 2005 and high speed driving, and that there should be more activities for youths. John Downing, 5412 Highland Drive SE, Auburn Mr. Downing thanked the Mayor and Councilmembers for implementing the moratorium. Mr. Downing stated that he feels there is a connection between sexually oriented businesses, crime, and a decrease in quality of life, and that taxpayers are asked to subsidize any increase in related public safety services. Mr. Downing requested that Council consider implementing a 1000-foot buffer to exclude sexually oriented businesses specifically around schools, transit and school bus stops, parks and playgrounds, fire stations, churches and daycare facilities, and that sexually oriented businesses bear the cost of any additional public safety costs. Mike Patterson, 5122 Perry Drive SE, Auburn Mr. Patterson thanked Councilmembers and expressed his support regarding the implementation of the moratorium. Michael Youn.q, 5010 Millpond Drive SE, Auburn Mr. Young stated that he is offended by sexually oriented businesses and has strong feelings with regard to where they are allowed to locate. Mr. Young was also concerned with the adverse secondary effects caused by sexually oriented businesses. Mr. Young thanked Councilmembers for implementing the moratorium. Virginia Hau.qen, 2503 R Street SE, Auburn Ms. Haugen commended those citizens that attended the recent protest regarding a sexually oriented business. Ms Haugen thanked the Mayor and Councilmembers for implementing the moratorium. Tim Doole¥, 5502 Hi.qhland Drive SE, Auburn Mr. Dooley referred to an existing convenience store that has sexually oriented items placed within full view of minors. Mr. Dooley requested that Council consider requiring businesses to block these types of items from general public view. Page 4 City of Auburn Council Meetin;! Minutes April 1, 2002 Joe Fuerstein, 2109 Auburn Way N, Auburn Mr. Fuerstein stated that he is the owner of a sexually oriented business. Mr. Fuerstein explained that all the windows of his business are obscured and that he respects the community he is located in. Mr. Fuerstein suggested Councilmembers review studies performed by the cities of Bellevue and Kent regarding secondary effects caused by sexually oriented businesses. In response to questions by Councilmember Brothers, City Attorney Heid stated that an ordinance on sexually oriented businesses may factor in the local community character and may provide definitions of and visibility parameters for sexually oriented materials within a business, as long as those restrictions comply with state and federal regulations. Councilmember Singer moved and Councilmember Brothers seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Mayor Lewis explained that revisions to requirements with regard to sexually oriented businesses will be a lengthy process and will require citizen input and involvement, gathering of a variety of information and resources, review of current studies on sexually oriented businesses, and review by various Council Committees. Mayor Lewis assured that public participation and community input will be part of the process and encouraged citizens to submit additional information and materials that they might have. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Vir.qinia Hau.qen, 2503 R Street SE, Auburn Ms. Haugen requested copies of R-1 and R-2 zoning codes. She commended Associate Planners Jeff Dixon and Sean Martin for their assistance and prompt attention regarding her previous requests. Planning and Community Development Director Paul Krauss acknowledged Ms. Haugen's request. Page 5 City of Auburn Council Meeting Minutes April 1,200? Director Krauss advised Ms. Haugen that, in follow-up to questions from Ms. Haugen at the March 18, 2002 City Council meeting, the Notice of Application for a Short Plat which was posted in her neighborhood for the property located at 1035 25th Street SE was missing the deadline date. This error was discovered by staff the day following the initial posting and the notice was corrected to include a deadline date, re-noticed to those within the notice area, and was re-posted on the day following the initial posting, which was three weeks prior to Ms. Haugen's attendance at the March 18, 2002 City Council meeting. The City received no calls regarding the application. Tim Doole¥, 5502 Highland Drive SE, Auburn Mr. Dooley inquired regarding the rising cost of homeowners dues that he pays to the Lakeland Hills Homeowners Association and requested any agreements or covenants for the Lakeland development regarding the Homeowners Association. Mayor Lewis explained that the City cannot enforce homeowners agreements or associations, or covenants, conditions and restriction on properties. Any agreements between the developer and the Homeowners Association would require a civil action. Mayor Lewis explained his personal interest regarding the homeowners dues, but stressed that he cannot act upon this issue as Mayor. Mr. Dooley inquired regarding the maintenance of the common areas and monuments at Lakeland Hills. Director Krauss stated that there are two kinds of common areas. The plans for the common areas in which the monuments are located and referred to by Mr. Dooley were reviewed by the City to assure that they were in compliance with items such as drainage issues or potential traffic problems, but those common areas were not required by the City of Auburn. Those common areas specifically created for public purpose which were required and deeded to the City such as Millpond Park, the Linear Trail, the park at the top of the hill, and the two fifteen-acre parks, are the City's responsibility to maintain. Mr. Dooley also inquired regarding a water pressure issue. Page 6 City of Auburn Council Meeting Minutes April 1,200? Public Works Director Christine Engler requested that Mr. Dooley submit his individual issues and concerns to the Public Works Department. Michele Kelly, 5409 James Place SE, Auburn Ms. Kelly inquired regarding a memorial sign for the six individuals that were killed in an automobile accident on 15t~ Street SW near the SuperMall. She also inquired regarding parking on Oravetz Road near another memorial sign. Mayor Lewis stated that there are several areas across the river where parking is available. There is no parking on Oravetz Road in the area Ms. Kelly referred to. Director Engler stated that memorial signs are only installed by the City in select cases where individuals are killed by drunk drivers. Mike Patterson, 5122 Perry Drive SE, Auburn Mr. Patterson asked if the City has knowledge of any projects planned for property located at the corner of Ellingson and "A" Street SE. Director Krauss responded that the property is owned by the railroad. Last year there was a developer proposing a commercial retail development for that site, but a difficult traffic situation exists in that area. The situation remains unresolved at this time. The City has no knowledge of any development plans by the railroad. In response to questions by Mr. Patterson regarding potential restaurants in the SuperMall area, Mayor Lewis responded that the City recently attended a meeting with Quadrant Corporation and their marketing plan is currently in place. In light of the large attendance by Lakeland Hills residents, Councilmember Singer suggested that Mayor Lewis report on the traffic signal located at "A" Street SE and Lakeland Hills Way. Mayor Lewis reported that the City of Auburn has been working on the traffic signal situation at this location for some time. The intersection of "A" Street SE and Lakeland Hills Way is currently in the jurisdiction of the City of Pacific. The City of Auburn recently entered into an agreement with the City of Pacific to assist in Page 7 City of Auburn Council Meeting Minutes April l, 2002 obtaining funds on behalf of the City of Pacific in order to construct and maintain a signal at this location. It is currently on the City of Auburn construction schedule and should be completed within the year 2002. C. Correspondence No correspondence was received for City Council review. III. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Chair Singer reported that the Municipal Services Committee met this evening at 5:00. The Committee reviewed and recommends approval of Resolution Nos. 3440, 3450, and 3452. The Committee discussed and tabled Ordinance No. 5651 for further review. The Committee received reports on Spillman Technologies, Inc. and also on the refuse contract. The next regular meeting of the Municipal Services Committee is scheduled for April 15, 2002 at 5:00 PM. B. Planning & Community Development Chair Borden reported that the Planning and Community Development Committee met on March 25, 2002 at 5:00 PM. The Committee discussed island annexations and legislation regarding the new method of annexation. The Committee also discussed the siting of secure community transition facilities for the placement by King County of released sexual offenders. The Committee also received two presentations from applicants for neighborhood grants. The next regular meeting of the Planning and Community Development Committee is scheduled for April 8, 2002 at 5:00 PM. C. Public Works Chair Wagner reported that the Public Works Committee met on March 25, 2002 at 5:30 PM. The Committee discussed and recommended approval of contract administration items, Ordinance No. 5618, and Resolutions Nos. 3443, 3444, 3445, and 3447. The Committee received an update on the storm drainage moratorium and possible emergency amendments to the Comprehensive Plan in an effort to lift the moratorium. The Committee also discussed the Lea Hill annexation study. The next regular meeting of the Public Works Committee is scheduled for April 8, 2002 at 5:30 PM. Page 8 City of Auburn Council Meeting Minutes April 1,200? D. Finance Chair Poe reported that the Finance Committee met this evening at 6:30. The Committee discussed and recommended approval of the consent agenda and Resolution Nos. 3448 and 3449. The next regular meeting of the Finance Committee is scheduled for April 15, 2002 at 6:30 PM. IV. CONSENT AGENDA A. Minutes 1. Minutes of the March 18, 2002 regular City Council meeting. B. Vouchers F4.9.2, F4.9.5 1. Claims Claims check numbers 309240 through 309633 in the amount of $2,090,389.22 and dated April 1, 2002. 2. Payroll Payroll check numbers 266885 to 267053 in the amount of $302,438.94 and electronic deposit transmissions in the amount of $748,921.79 for a grand total of $1,051,360.73 for the pay period covering March 14, 2002 to March 26, 2002. C. Contract Administration 1. Public Works Project Number C21 lA O4.11.1 C211A City Council to grant permission to advertise for bids for Public Works Project No. C211A, 2002 Reservoir Corrosion Control Coating Project. 2. Public Works Project Number C0019 O4.8.1 C0019 City Council to approve Contract Change Order No. 2 in the amount of $24,545.12 to Northwest Cascade Inc. for Contract Number 01-08, Public Works Project Number C0019, South Central Phase II, 21st Street SE Storm Improvements. Page 9 City of Auburn Council Meeting Minutes April 1, 2002 3. Agreement for Professional Services with Perteet Engineering O4.10.2, A3.16.9 City Council approve Agreement for Professional Services No. AG-C-178 with Perteet Engineering for work related to Public Works Project No. C214A, Lakeland Hills / East Valley Highway Traffic Signal Project, in an amount not to exceed $25,000. D. Surplus Property F4.6.1 1. Fire Department City Council to authorize the surplus and disposal of the following described property no longer needed by the Fire Department: 115 Sections of 3.5" Hose Councilmember Barber moved and Councilmember Wagner seconded to approve the consent agenda. MOTION CARRIED UNANIMOUSLY. 7-0. V. UNFINISHED BUSINESS There was no item under this section for Council review. VI. NEW BUSINESS A. Moratorium - Storm Draina,qe 04.8 On February 4, 2002, the City Council adopted Ordinance No. 5634 extending the moratorium for an additional six months, provided that the moratorium and its continuation status would be reviewed by the City Council within two months at which time the City Council would consider alternatives and options that may be added to the moratorium or applicable development regulations that would limit the scope of the moratorium or accommodate its earlier termination. Storm Drainage Engineer Tim Carlaw distributed handouts on recommended street drainage improvements in the moratorium Page 10 City of Auburn Council Meeting Minutes April 1, 2002 area that would allow the moratorium to be lifted and development to occur. Mr. Carlaw reviewed the technical alternatives and the recommended improvements to Clay Street, Western Street, Lund Road, and West Main Street. Mr. Carlaw reported that staff proposes an emergency amendment to the 1990 Comprehensive Drainage Plan to include the improvements in order to implement the recommended changes and lift the moratorium. Councilmember Wagner thanked staff for their prompt response in bringing forward the recommended improvements. In response to comments from Councilmember Cerino, Mr. Carlaw explained that an underground vault consumes less area than an open pond and could be sited in existing right-of-way. VII. ORDINANCES AND RESOLUTIONS A. Ordinances 1.Ordinance No. 5618 F4.3, O4.11.2 An Ordinance of the City Council of the City of Auburn, Washington, amending Auburn City Code 13.06.360 pertaining to Auburn Water Rates. Councilmember Wagner moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5618. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Ordinance No. 5647 O3.9 V-05-01 An Ordinance of the City Council of the City of Auburn, Washington, approving the vacation of D Street NE located north of. 23rd Street NE, within the City of Auburn, Washington. Councilmember Wagner moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5647. Page 11 City of Auburn Council Meeting Minutes April 1,200~ MOTION CARRIED UNANIMOUSLY. 7-0. 3. Ordinance No. 5651 08.24, 01.8 An Ordinance of the City Council of the City of Auburn, Washington, adopting a new Chapter 5.22 of the Auburn City Code providing for multi-family residential complex business license and crime free strategies. Mayor Lewis reported that Ordinance No. 5651 was tabled in Municipal Services Committee. B. Resolutions 1. Resolution No. 3440 F5.3, 04.7.3, O3.4.1.21 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a Seattle- King County Department of Public Health Memorandum of Understanding on the Local Hazardous Waste Management Program for 2002 activities. Councilmember Singer moved and Councilmember Wagner seconded to adopt Resolution 3440. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Resolution No. 3443 O4.11 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Emergency Water System Intertie Agreement between the City of Auburn and Lakehaven Utility District. Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution No. 3443. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Resolution No. 3444 O4.11 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute Page 12 City of Auburn Council Meeting Minutes April 1,200? an Emergency Water System Intertie Agreement between the City of Auburn and Covington Water District and Water District #111. Councilmember Wagner moved and Councilmember Poe seconded to adopt Resolution No. 3444. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Resolution No. 3445 A3.13.9 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and the City Clerk to execute a Payback Agreement Developer's Extension between the City of Auburn and Frank Lee. Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution No. 3445. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Resolution No. 3447 04.10 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Commute Trip Reduction Act Interlocal Agreement between King County and the City of Auburn for the purpose of implementing the Washington State Commute Trip Reduction Act of 1991. Councilmember Wagner moved and Councilmember Poe seconded to adopt Resolution No. 3447. MOTION CARRIED UNANIMOUSLY. 7-0. 6. Resolution No. 3448 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Agreement with Spillman Technologies, Inc., for the purpose of purchasing hardware and software to upgrade the current Spillman product and add components that will Page 13 City of Auburn Council Meetin;t Minutes April t, 2002 allow future implementation of inter-connectivity from City police cars to the City in-house database and the King County WIRE intranet. Councilmember Poe moved and Councilmember Cerino seconded to adopt Resolution No. 3448. MOTION CARRIED UNANIMOUSLY. 7-0. 7. Resolution No. 3449 ^1.4.1 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 agreement between the City of Auburn and King County Mental Health, Chemical Abuse, and Dependency Services Division. Councilmember Poe moved and Councilmember Cerino seconded to adopt Resolution No. 3449. MOTION CARRIED UNANIMOUSLY. 7-0. 8. Resolution No. 3450 F5.2 A Resolution of the City Council, authorizing the Mayor and City Clerk to approve acceptance and appropriation of grant funds in the amount of One Thousand Seven Hundred Seventy-eight Dollars ($1,778) from the Washington State Military Department, Emergency Management Division and authorizing the execution of the attached Memorandum of Agreement (EM03-0180) and supporting documents. Councilmember Singer moved and Councilmember Wagner seconded to adopt Resolution No. 3450. MOTION CARRIED UNANIMOUSLY. 7-0. 9. Resolution No. 3452 F5.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the execution of Contract No. EM03-0197 between the Washington Military Department Page14 City of Auburn Council Meetin~l Minutes April t, 200? and the City of Auburn and authorizing acceptance, appropriation and expenditure of funds in an amount not to exceed Six Hundred Fifty-six Dollars ($656) as reimbursement from the State of Washington Military Department, Emergency Management Division (EMO), by the Federal Emergency Management Agency (FEMA) for the sole purpose of supporting State and Local Assistance (SI_A) Programs as provided by FEMA. Councilmember Singer moved and Councilmember Wagner seconded to adopt Resolution No. 3452. MOTION CARRIED UNANIMOUSLY. 7-0. VIII. MAYOR'S REPORT A. Executive Session Mayor Lewis recessed the meeting to executive session at 8:48 PM for approximately fifteen minutes in order to discuss potential litigation, pursuant to RCW 42.30.110(1)(i). At 8:55 PM, Mayor Lewis reconvened the regular meeting. IX. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:55 PM. APPROVED THE /.3 DaY OF APRIL, 2002, Cathy Ri~c,~ardson, Deputy City Clerk Page 15