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.
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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.
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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,
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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