HomeMy WebLinkAbout08-18-2003CITY OF
WASHINGTON
CITY OF AUBURN
COUNCIL MEETING MINUTES
August 18, 2003 7:30 PM
CALL TO ORDER
Flag Salute
Mayor Peter B. Lewis called the meeting to order at 7:30 PM and
led those in attendance in the Pledge of Allegiance.
Roll Call
Mayor Lewis and the following Councilmembers were present: Sue
Singer, Fred Poe, Stacey Brothers, Gene Cerino, and Nancy
Backus. Councilmembers Rich Wagner and Trish Borden were
excused.
The following staff members were present: Parks and Recreation
Director Daryl Faber, Human Resources Director Brenda
Heineman, Fire Chief Bob Johnson, Police Chief Jim Kelly, City
Attorney Daniel B. Heid, Public Works Director Dennis Dowdy,
Finance Director Shelley Coleman, Planning and Community
Development Director Paul Krauss, and City Clerk Danielle
Daskam.
C. Announcements and Appointments
1. Announcements
a)
Washin.qton Recreation & Park Association Award
Parks and Recreation Director Daryl Faber re-
presented the Washington Recreation and Parks
Association Outstanding Community Organization
Award to Muckleshoot Indian Tribe (MIT) Recreation
Director Mike Starr.
Director Daryl stated that the award was presented
earlier this year during the Washington Recreation
and Parks Association Annual Conference for MIT's
Page I
City of Auburn Council Meetin,q Minutes August 18, 2003
b)
support of many Auburn Parks and Recreation youth
sports teams, mentoring services to younger Tribal
members, and operation of a gymnasium for basket
ball and volley ball programs. The Tribal Recreation
Program also provides transportation for Tribal
members to and from league games, payment of
registration and team sponsor fees, and coaching for
Tribal teams.
Director Faber pointed out that the Outstanding
Community Award is presented to only one recreation
community group in the State which is outside
municipal organizations. Director Faber commended
MIT's outstanding services provided to the youth of
the Muckleshoot community.
Heart Walk
King County Council Legislative Aide Jenny Faubion
and American Heart Association Regional Director
Casey Mazzoni presented information on the
September 20, 2003 Heart Walk.
Ms. Faubion expressed regret that King County
Councilmember yon Reichbauer was unable to attend
this evening's meeting. Ms. Faubion reviewed
statistics related to cardiovascular diseases. Ms.
Faubion urged participation in the American Heart
Association Heart Walk.
American Heart Association Regional Director Casey
Mazzoni explained that the two primary functions of
the Association are research and education. The
Association mission is to reduce heart disease and
stroke by twenty-five percent by year 2010. Ms.
Mazzoni reviewed services provided by the
Association and encouraged City of Auburn residents
to participate in the Heart Walk at Safeco Field on
September 20, 2003.
Mayor Lewis commended the fine services provided
by emergency personnel in the Auburn area and
urged community support and participation in the
Heart Walk.
Page 2
City of Auburn Council Meetin.q Minutes Au.qust 18, 2003
Appointments
There were no appointments for Council consideration.
Do
Agenda Modifications
There were no agenda modifications.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
Public Hearings
There were no public hearings.
Audience Participation
This is the place on the agenda where the public is invited to speak
to the City Council on any issue.
Mayor Lewis requested comments from Planning and Community
Development Director Paul Krauss and City Attorney Daniel Heid
related to the Oxford House located at 12 "R" Street NE.
Director Krauss stated that the City recently learned of the
purchase of property on "R" Street by Oxford House through
complaints related to construction at the above address.
Inspectors concluded that construction was being conducted
without the required permits and a stop work order was posted on
the premises. The property owners relayed that they would apply
for the proper permits. As of August 8, 2003 applications for
permits have not been received. Additions are permissible, but
require building code compliance. The scope of the proposed
addition is unknown until such time as an application is submitted
for approval. Mr. Krauss stated that City intervention is limited due
to court rulings regarding particular types of non-profit residences
such as Oxford House. There is no law prohibiting unrelated
individuals from living within the same residence.
City Attorney Daniel Held referenced a 1999 case in which the City
of Edmonds was involved in litigation with Oxford House regarding
the Federal and Washington State Fair Housing Acts. The United
States Supreme Court ruled that cities cannot distinguish between
single families and groups of individuals receiving medical
treatment such as alcohol and drug rehabilitation services, but
individuals must adhere to all other city codes related to building
permits.
Page 3
City of Auburn Council Meeting Minutes August 18, 2003
Dan Moss, 12 "R" Place NE, Auburn
Mr. Moss stated that he has been a resident of 12 "R" Place NE for
eighteen years. Mr. Moss spoke on behalf of his neighborhood.
Mr. Moss indicated that neighborhood covenants state that no
lodge shall be used except for residential purposes and also that
one and one-half story high single family units may be approved.
Mr. Moss spoke in opposition to Oxford House in his neighborhood.
Ralph Karns, 1601 East Main Street, Auburn
Mr. Karns stated that his property adjoins property located at 12 "R"
Street NE. Mr. Karns expressed concerned with regard to parking
problems related to multiple residents in one residence. Mr. Karns
also expressed concern with the location of this type of residence
near schools. Mr. Karns 'spoke in opposition to Oxford House.
Jerry Brown, 1610 Ist Street NE, Auburn
Mr. Brown concurred with Mr. Moss and Mr. Karns and inquired as
to the number of vehicles allowed for a single residence.
Director Krauss indicated that there are no limitations on the
number of vehicles allowed for single family homes, but there are
limitations on where vehicles may be parked.
Mr. Karns also spoke regarding semi-trucks being parked on
residential streets.
Mayor Lewis advised the audience to call 911 to report semi-trucks
parked on residential streets. Mayor Lewis stressed that
emergency situations may be responded to prior to parking
violations.
Sandra Walsh, 15 "R" Street NE, Auburn
Ms. Walsh questioned the placement of high risk occupants in a
residence so near to downtown taverns and schools and spoke in
opposition to Oxford House.
Louis Laturner, 108 "R" Street NE, Auburn
Mr. Laturner inquired regarding parking regulations for semi-trucks
in residential zones.
Police Chief Jim Kelly stated that parking of tractors and/or trailers
is prohibited in residential zones, however, there are circumstances
that allow parking of a tractor for limited periods of time. Vehicles
Page 4
City of Auburn Council Meeting Minutes Au.qust 18, 2003
must meet sight distance regulations and can not obstruct traffic.
Overnight parking is not allowed.
non Hanson, 16 "R" Place NE, Auburn
Mr. Hanson spoke regarding illegal drug issues and expressed
concern for the safety of neighborhood children. Mr. Hanson spoke
in opposition to Oxford House.
Don Kurle, 1709 Ist Street NE, Auburn
Mr. Kurle inquired regarding enforcement
covenants.
of neighborhood
Attorney Heid stated that covenants on private property are
enforceable by the those affected by the covenants. Covenants
are not subject to city authority.
Barbara Lemke, 6 "R" Street NE, Auburn
Ms. Lemke inquired as to the number of non-related individuals
allowed per residence and if the individuals moving into the Oxford
House have criminal records.
Director Krauss reiterated that there are no limitations as to the
number of non-related individuals allowed per residence. The
Uniform Building Code addresses space requirements, but is very
lenient.
Mayor Lewis indicated that he will inquire as to criminal
backgrounds of Oxford House residents.
Don Walsh, 15 "R" Street NE, Auburn
Mr. Walsh spoke in opposition to Oxford House.
Lynn Hood, 1611 1st Street NE, Auburn
Mr. Hood inquired as to the number of non-related individuals
allowed per residence.
Director Krauss reiterated that there are no limitations as to the
number on non-related individuals allowed per residence and that
there are building code requirements for a minimum amount of
space per occupant for dwelling units.
Councilmember Brothers stated that it is his understanding that
individuals of Oxford House have a unique form of ownership of the
property.
Page 5
City of Auburn Council Meetin.q Minutes Au.qust '18, 2003
Virginia Haugen 2503 "R" Street SE, Auburn
Ms. Haugen stated that she believes that Oxford House is a non-
profit organization.
Louis Laturner, 108 "R" Street NE, Auburn
Mr. Laturner once again questioned ownership of Oxford
and also spoke regarding fireworks.
House
Mayor Lewis stated that a citizen questionnaire related to fireworks
was enclosed in the Auburn Update within the Auburn Reporter.
Over 1,100 complaints were received on July 4, 2003. There are
113 police officers employed by the City of Auburn, not all of which
were on duty on the 4th of July. The City is in the process of
determining costs involved in enforcing fireworks restrictions.
Ralph Karns, 1601 East Main Street, Auburn
Mr. Karns again spoke in opposition to Oxford House and
questioned the ownership of and means of financing for this
residence.
Ron Hanson, 16 "R" Place NE, Auburn
Mr. Hanson also questioned means of financing for Oxford House,
ownership, and the income source of the residents.
Barbara Lemke, 6 "R" Place NE, Auburn
Ms. Lemke indicated that King County Tax Assessor listed the
property owner of 12 "R" Street NE as Scott King.
Virginia Hauqen 2503 "R" Street SE, Auburn
Ms. Haugen spoke regarding the sale of City of Auburn water to
other jurisdictions and also spoke regarding an agreement between
the cities of Auburn and Bonney Lake regarding providing water
service to the Lakeland Hills area. Ms. Haugen stated that she
believes that over development has caused the water problems
occurring in Auburn.
Councilmember Cerino stated that the City of Auburn has not sold
water to the City of Covington on an irretrievable basis. The City of
Auburn retains rights to a specific amount of water from the City's
aquifer. Surplus water is sold to neighboring jurisdictions in
emergency situations. State regulations regarding the Single
Molecule Rule dictate that if certain surface streams are affected by
a single molecule by the taking of water from certain aquifers, the
Page 6
City of Auburn Council Meetin.q Minutes Au.qust 18, 2003
state can eliminate access to those aquifers. Various streams
running through the City of Covington support fish. Covington and
Water District 111 constructed a water system at no cost to the City
of Auburn, which enabled them to purchase water from the City of
Auburn on an emergency basis. Only surplus water is sold to other
jurisdictions.
Virginia Haugen, 2503 "R" Street SE, Auburn
Ms. Haugen inquired how many wells exist in the Lakeland Hills
area.
Mayor Lewis responded that the Lakeland Hills area is on an
isolated, independent system and is not connected to the City's
main water system. There are two wells currently existing in the
Lakeland area and a third well will be completed next year. Future
plans for the City of Auburn include connecting the Lakeland area
to the City's main water system. Auburn has an Intertie Agreement
with the City Bonney Lake to provided water on an emergency
basis, such as the recent well failure in the Lakeland area.
Residents will continue to receive water from Bonney Lake until
such time as the failed well recovers or the City of Auburn
completes the third well in the Lakeland area.
Vernon Lemke, 6 "R" Place NE, Auburn
Mr. Lemke inquired whether residents of Oxford House are
gainfully employed or whether they are on Social Security. Mr.
Lemke also expressed concern regarding the smell of smoke
coming from the east in the evening.
Fire Chief Bob Johnson stated that Puget Sound Air Pollution
Control works with the City regarding air pollution. Chief Johnson
indicated that he would provide further information to Mr. Lemke.
Police Chief Kelly shared additional code related to semi trailers.
Attached or unattached semi trailers are prohibited. A tractor trailer
alone is prohibited. If a semi trailer and tractor are attached and
are in a residential zone, they are allowed one hour for continuous
loading or unloading of a semi trailer. Chief Kelly pointed out that
anything else is in violation of City code and encouraged residents
to notify 911.
Chief Kelly also pointed out that, although there may not be codes
that prevent this type of housing from locating within residential
neighborhoods, citizens are not without a level of recourse in
Page 7
City of Auburn Council Meetin.q Minutes Auqust 18, 2003
III.
relation to the Oxford House. There are City codes, such as the
nuisance and abatement ordinances, and civil regulatory codes,
that provide means to monitor the conduct of any resident. Chief
Kelly stated that the police can respond to incidents such as the
use of coarse or profane language in public.
Mayor Lewis encouraged citizens to report incidents to 911 so that
a record may be compiled of all complaints.
Councilmember Backus spoke regarding many incidents occurring
at a specific address in her neighborhood and urged citizens to call
911. Councilmember Backus commended the actions of the
Auburn Police Department and encouraged the audience to report
all incidents.
Larry Almaas, 30 "R" Place NE, Auburn
Mr. Almaas expressed concern regarding his neighborhood and
children residing in his neighborhood with regard to Oxford House.
Mr. Almaas also expressed frustration regarding illegal detonation
of fireworks.
Councilmember Singer reported that, to her knowledge, responses
to the survey regarding fireworks are overwhelmingly in favor of a
total ban of fireworks in the City of Auburn.
Sandra Walsh, 15 "R" Street NE, Auburn
Ms. Walsh thanked the City for not allowing a soup kitchen in the
Massey building.
Correspondence
No correspondence was received.
COUNCIL COMMITTEE REPORTS
A3.7.6
A. Municipal Services
Councilmember Singer reported that the Municipal Services
Committee met this evening at 5:00. The Committee approved
surplus property and received reports on the Cemetery trust fund,
Connections program, and alternatives to incarceration. The
Committee also discussed City Hall plaza renovations. The next
regular meeting of the Municipal Services Committee is scheduled
for September 2, 2003 at 5:00 PM.
Page 8
City of Auburn Council Meetin.q Minutes Auqust 18, 2003
IV.
Planning & Community Development
The Planning and Community Development Committee report was
delayed until the next regular City Council meeting scheduled for
Tuesday, September 2, 2003 at 7:30 PM. The next regular
meeting of the Planning and Community Development Committee
is scheduled for August 25, 2003 at 5:00 PM
Public Works
Vice Chair Poe reported that the Public Works Committee met on
August 11, 2003 at 5:30 PM. The Committee discussed and
recommends approval of contract administration items, Ordinance
No 5786, and Resolution No. 3479. The Committee also discussed
a Request for Proposals for utility billing software and received an
update on the City water supply in the Lakeland area. The
Committee also reviewed the draft 2004-2009 Transportation
Improvement Plan and the Capital Project Status Report. The next
regular meeting of the Public Works Committee is scheduled for
Thursday, August 28, 2003 at 5:30 PM.
Finance
Chair Poe reported that the Finance Committee met this evening at
6:30 PM. The Committee discussed and recommends approval of
claims and payroll vouchers and surplus property. The Committee
also discussed Resolution No. 3631 and received reports on the
Connection program and the Treatment Release program. The
next regular meeting of the Finance Committee is scheduled for
Tuesday, September 2, 2003 at 6:30 PM.
Chair Poe requested that Human Resources Director Brenda
Heineman report on the Treatment Release program.
Director Heineman reported that the Treatment Release program is
an alternative to incarceration program for alcohol and drug related
issues. Since the program was approved by Council in May, 2001,
275 offenders have received treatment. Of those 275 individuals,
226 have not committed any misdemeanor crimes in the City of
Auburn, which is an eighty-two percent success rate. The program
has been extremely successful and is cost effective.
COUNCILMEMBER REPORTS
At this time Councilmembers may report on items not specifically
described on the agenda, which are of interest to the community.
Page 9
City of Auburn Council Meetin,q Minutes Au.qust 18, 2003
Mayor Lewis reported that renovations to the Council Chambers are
progressing.
Mayor Lewis reported that discussion continues with the Suburban Cities
Association concerning the jail agreement related to King and Yakima
counties.
Mayor Lewis referred to a letter from the Commission on Accreditation for
Law Enforcement Agencies which stated that on July 12, 2003 the City of
Auburn Police Department was awarded re-accreditation status and was
recognized for professional excellence.
CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City
Council to be routine and will be enacted by one motion in the form listed.
A. Minutes
1. Minutes of the August 4, 2003 regular City Council meeting.
B. Vouchers
F4.9.2, F4.9.5
Claims
Claims check numbers 323301 through 323662
amount of $1,145,978.08 and dated August 18, 2003.
in the
Payroll
Payroll check numbers 505216 to 505395 in the amount of
$594,791.52 and electronic deposit transmissions in the
amount of $896,893.56 for a grand total of $1,491,685.08 for
the pay period covering July 31, 2003 to August 13, 2003.
Surplus Property
F4.6.1
Fire Department
F4.6.1
City Council to authorize the surplus and disposal of the
following equipment no longer of use to the City:
8 lengths - 2.5" #759A, 7510A, A69A, 758A, GSA 34, 37, 38, 39/50 foot
hose
Page 10
City of Auburn Council Meetin.q Minutes Au,qust 18, 2003
6 lengths - 1.75" #82 48A, 82-13AA, 86-100, 86-100, 86-106, 773/ 50
foot hose
D. Contract Administration
Public Works Project Number C9058
O4.8.1 PR C9058
City Council approve Final Pay Estimate Number 4 to
Contract 02-15 with Americon, Inc. and accept construction
of Project Number C9058, West Hills Spring Storm
Improvement.
Public Works Proiect Number C225A
O4.9.1 PR C225A
City Council award Contract 03-06, Project Number C225A,
Oravetz Road Slope Repair and Guardrail, to SLM
Construction, Inc., on their Iow bid of $124,845.
Public Works Proiect Number C210A
O4.9.1 PR C210A
City Council approve Final Pay Estimate Number 1 to Small
Works Contract 02-19 with Doolittle Construction, Inc., and
accept construction of Project Number C210A, Pavement
Preservation - Non-classified Streets (Chip Seal Program).
Public Works Proiect Number 562
O4.9.1 PR 562
City Council concur with the Final Pay Estimate for City of
Kent contract with Mid Mountain Construction and accept
construction of Project Number 562, South 277th Street
Reconstruction.
Public Works Project Number C302A
O4.9.1 PR C302A
City Council authorize the Mayor to award Contract 03-08,
Project Number C302A, West Valley Highway
Reconstruction, to the lowest responsible bidder.
E. Call for Public Hearinq
2004 Budget
F3.18
City Council to call for a public hearing to be held on
September 15, 2003 to receive public comments and
suggestions with regard to development of the 2004 Budget,
Page 11
City of Auburn Council Meeting Minutes Au.clust 18, 2003
VI.
VII.
including revenue estimates and possible increases in
property taxes.
Councilmember Singer moved and Councilmember Backus
seconded to approve the consent items.
MOTION CARRIED UNANIMOUSLY. 5-0.
UNFINISHED BUSINESS
There were no items under this section for Council consideration.
NEW BUSINESS
There were no items under this section for Council consideration.
ORDINANCES AND RESOLUTIONS
A. Ordinances
Ordinance No. 5786
04.9.1 PR 562
An Ordinance of the City Council of the City of Auburn,
Washington, amending Ordinance No. 5507 by authorizing
the Mayor to sign a Local Agency Supplemental Agreement
between the City and the Washington State Department of
Transportation, approving Federal TEA-21 funds to prepare
and implement the South 277th Street Reconstruction
Project, PR 562
Councilmember Poe moved and Councilmember Cerino
seconded to introduce and adopt Ordinance No. 5786.
MOTION CARRIED UNANIMOUSLY. 5-0.
B. Resolutions
-.
Resolution No. 3479
03.10.9
A Resolution of the City Council of the City of Auburn,
Washington, approving and authorizing the Mayor and City
Clerk to execute the Agreement to acquire right-of way- in
lieu of condemnation
Councilmember Poe moved and Councilmember Cerino
seconded to adopt Resolution No. 3479.
Page 12
City of Auburn Council Meetin,q Minutes Au.qust 18, 2003
MOTION CARRIED UNANIMOUSLY. 5-0.
Resolution No. 3629
05.1, A3.17
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 a Lease Agreement between the City
and Stanley J. Flewelling for caretaker purposes at the
Olson Canyon Farm
Councilmember Singer moved and Councilmember Backus
seconded to adopt Resolution No. 3629.
MOTION CARRIED UNANIMOUSLY. 5-0.
Resolution No. 3630
o5.1
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 for Food Concession
Services between the City and Emerald City Baton, a non-
profit organization
Councilmember Singer moved and Councilmember Backus
seconded to adopt Resolution No. 3630
MOTION CARRIED UNANIMOUSLY. 5-0.
Resolution No. 3632
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
an Agreement and Easement with Puget Sound Energy for
undergrounding electrical utilities
Councilmember Singer moved and Councilmember Backus
seconded to adopt Resolution No. 3632.
MOTION CARRIED UNANIMOUSLY. 5-0.
Resolution No. 3633
o3.4.2.1.2
A Resolution of the City Council of the City of Auburn,
Washington, re-establishing and extending by an additional
Page13
City of Auburn Council Meetin.q Minutes AuRust 18, 2003
IX.
six months the moratorium on the filing of applications for
licenses, permits and approvals for Sexually Oriented
Businesses in accordance with Resolution No. 3436, and
3569, and in accordance with the work plan established in
Resolution No. 3436, and setting a public hearing for the 2nd
day of September, 2003, to consider the extension of the
moratorium on the filing of applications for licenses, permits,
and approvals for sexually oriented businesses
Councilmember Singer moved and Councilmember Backus
seconded to adopt Resolution No. 3633.
MOTION CARRIED UNANIMOUSLY. 5-0.
Resolution No. 3635
04.9.3
A Resolution of the City Council of the City of Auburn,
Washington, fixing 7:30 P.M. on September 2, 2003, as the
time and date for a public hearing before the City Council on
the 2004-2009 Six-year Transportation Improvement
Program
Councilmember Poe moved and Council Cerino seconded to
adopt Resolution No. 3635.
MOTION CARRIED UNANIMOUSLY. 5-0.
MAYOR'S REPORT
Executive Session
No executive session was held.
ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 8:55 PM.
APPROVED ThE _~'~
Peter B. Lewis, Mayor
DAY OF SEPTEMBER, 2003.
Cathy Ricl~'dson, Deputy City Clerk
Page14