HomeMy WebLinkAbout06-21-2004
CITY COUNCIL
MEETING MINUTES
JUNE 21, 2004 7:30 PM
I. CALL TO ORDER
A. Flag Salute
Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. and
led those in attendance in the Pledge of Allegiance.
B. Roll Call
Mayor Lewis and the following Councilmembers were present:
Rich Wagner, Sue Singer, Gene Cerino, Nancy Backus, Bill
Peloza, Roger Thordarson and Lynn Norman.
Staff members present included: Employee Relations and
Compensation Manager John Fletcher, Parks and Recreation
Director Daryl Faber, Interim Assistant Fire Chief Mike Gerber,
Police Chief Jim Kelly, City Attorney Daniel B. Heid, Planning and
Community Development Director Paul Krauss, Public Works
Director Dennis Dowdy, Accounting Manager Craig Violante, and
City Clerk Danielle Daskam.
C. Announcements and Appointments
1. Announcements
a) KidsDay Mayor-for-the-Day and Councilmembers
Mayor Lewis read and presented the June 18, 2004
KidsDay proclamation to KidsDay Mayor Zessica
Lingg-Gasper and KidsDay Councilmembers T J
Saofaigaalii, Ryan Montgomery, Fatima Avelar,
Ariana Kupai, Taylor Nicole Wega, Sarah Fletcher,
and Rachel Evje. Zessica Lingg-Gasper, Ryan
Montgomery, Taylor Nicole Wega, and Sarah Fletcher
were present to receive the congratulations of the
Mayor and City Council.
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June 21. 2004
b) Certificate of Recognition for Cory Sweers
Mayor Lewis presented a Certificate of Achievement
to recognize Auburn 8th grader, Cory Sweers, for his
fourth place finish in the National Geographic Bee.
c) Auburn Justice Center Progress Report
Mr. Jeffrey Oliphant, representing Auburn on Main
LLC, provided a brief update on the construction of
the new Auburn Justice Center on Main Street. Mr.
Oliphant reported that the roof has been installed and
the second floor is in place. The lower level is framed
and walls are being installed. The court level is
partially framed and will be completed soon. Work
will begin soon on the perimeter windows, canopy,
exterior lighting and design elements. Mr. Oliphant
advised that the project is on schedule with an
anticipated completion date in October 2004.
d) Middle Green River Coalition
Lisa Parsons of the Middle Green River Coalition
presented the Council with information on their
organization's efforts on land preservation and
restoration in the Middle Green River watershed. Her
presentation included a music video of Green River
Gorge sites with photos by Lisa Parsons and
soundtrack provided by Casey Garland.
Ms. Parsons requested the City Council provide a
letter of support for the Green River Gorge mountains
to valley greenway.
2. Appointments
There were no appointments for Council consideration.
D. Agenda Modifications
There was no agenda modification.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing was scheduled for this evening.
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June 21. 2004
B. Audience Participation
This is the place on the agenda where the public is invited to speak
to the City Council on any issue.
Gerry Honevsett, 42109 236th Avenue SE, Enumclaw
Mr. Honeysett spoke in favor of Ordinance No. 5858, approving the
final plat of Remembrance Square Subdivision. Mr. Honeysett
commended City staff for their assistance and cooperation
throughout the subdivision application process.
Pete Dunn, 2302 R Street SE, Auburn
Mr. Dunn spoke regarding Ordinance No. 5859, relating to
motorized foot scooters. Mr. Dunn spoke in opposition to
motorized scooter regulations, particularly restricting scooters to
streets with a 25 mph or less speed limit.
C. Correspondence
No correspondence was received.
III. COUNCIL COMMITTEE REPORTS
A3.7.6
A. Municipal Services
Chair Cerino reported that the Municipal Services Committee met
this evening at 5:00 p.m. The Committee recommended approval
of consent items, Ordinance No. 5856, and Resolution No. 3739.
The Committee discussed Ordinance No. 5859, amending the
motorized foot scooter ordinance, and forwarded the ordinance to
Council for consideration. The Committee discussed a possible
amendment to the Vadis contract to include recycling collection in
City parks. The next regular meeting of the Municipal Services
Committee is scheduled for Tuesday, July 6, 2004 at 5:00 p.m.
B. Planning & Community Development
Chair Singer reported the Planning and Community Development
Committee met June 14, 2004 at 5:00 p.m. The Committee
discussed gateway designs, which are on the agenda this evening
for approval. The Committee also discussed cell tower space at
Game Farm Park and the 2004 Comprehensive Plan amendments.
The next regular meeting of the Planning and Community
Development Committee is scheduled for June 28, 2004 at 5:00
p.m.
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June 21. 2004
C. Public Works
Chair Wagner reported the Public Works Committee met June 14,
2004. The Committee reviewed and recommended approval of
contract administration items related to pavement preservation, D
Street improvements, the Kiss and Ride parking lot, and
emergency storm repairs. The Committee also recommended
approval of several ordinances relating to utilities. The Committee
discussed revisions to the Design Standards, improvements to the
Auburn-Black Diamond Road, and utility rates. The next regular
meeting of the Public Works Committee is rescheduled to meet
Friday, June 25, 2004 at 1 :00 p.m.
D. Finance
Chair Backus reported the Finance Committee met this evening at
6:30 p.m. The Committee recommended approval of consent
items and Resolution No. 3740. The Committee also discussed
Ordinance No. 5859. The next regular meeting of the Finance
Committee is scheduled for Tuesday, July 6, 2004 at 6:30 p.m.
IV. COUNCILMEMBER REPORTS
At this time Councilmembers may report on items not specifically
described on the agenda, which are of interest to the community.
Councilmember Singer reported on a Council training session held June
8, 2004, a DARE graduation at Hazelwood Elementary, the June Airport
Advisory Board meeting, and a Lodging Tax Advisory Committee meeting.
Councilmember Backus reported on the KidsDay festivities held June 18,
2004. Councilmember Backus commended staff for their efforts to ensure
an enjoyable event.
Councilmember Peloza reported on a Council training session held June
8, 2004, the Airport Advisory Committee meeting, and the Association of
Washington Cities conference. Councilmember Peloza advised that
activities are planned at the airport during Auburn Good 01' Days this
year. Councilmember Peloza also attended the memorial service for
Auburn Fire Department Captain Cahill.
Mayor Lewis reported on Flag Day celebrations, the Association of
Washington Cities (AWC) conference where the City was recognized for
its Clean Sweep and Pothole Patrol Programs. The Mayor and several
members of the Council attended the AWC conference where sessions
included such topics as: city and tribal relations, creating master
downtown plans, fiscal growth, growth management, expanding retail
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City of Auburn Council Meetina Minutes
June 21. 2004
base, investing in city employees, municipal courts, health costs,
emergency management and homeland security, creating walkable
communities and transportation issues.
V. 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 June 7, 2004 regular City Council
meeting.
B. Vouchers
F4.9.2,F4.9.5
1. Claims
Claims check numbers 331469 through 332080 in the
amount of $2,737,135.17 and dated June 21,2004.
2. Payroll
Payroll check numbers 508495 to 508718 in the amount of
$716,723.43 and electronic deposit transmissions in the
amount of $948,629.57 for a grand total of $1 ,665,353.00 for
the pay period covering June 3, 2004 to June 16, 2004.
C. Surplus Property
F4.6.1
1. Public Works Department
City Council authorize the surplus and disposal (trade-in) of
the following described equipment:
Unit No. Year & Descriotion Serial No. License No.
6721C 1997 John Deere Tractor LV5500E652006 24348D
Fixed Asset No.
55000 6721C
D. Contract Administration
1. Public Works Project No. MS 768
04.8.1 MS 768
City Council approve Final Pay Estimate No. 3 to
Emergency Contract 03-22 with Robison Construction Inc.
and accept construction of Project No. MS 768, Amberview
Storm Repair
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2. Public Works Project No. C402A
04.9.1 C402A
City Council to grant permission to advertise for bids for
Project No. C402A, 2004 Pavement Preservation - Arterial.
3. Public Works Project No. C404A
04.9.1 C404A
City Council to award Contract 04-07, Project Number
C404A, D Street SE Street Improvements, to Scotty's
General Construction on their low bid of $241,948.90 plus
Washington State sales tax of $5,242.38 for a total contract
price of $247,191.28.
4. Public Works Project No. C316A
04.9.1 C316A, 03.3.11
City Council award Contract 04-10, Project Number C316A,
Kiss and Ride Parking Lot, to Construct Company on their
low bid of $173,048.38 plus Washington State sales tax of
$15,228.26 for a total contract price of $188,276.64.
5. Small Works Project No. C405B
04.4.12
City Council award Small Works Contract 04-11, Project
Number C405B, Public Safety Building Fiber Optic Project,
to Cannon Construction, Inc. on their low bid of $55,671.00
plus Washington State sales tax of $4,899.05 for a total
contract price of $60,570.04.
6. Consultant Agreement No. AG-C-226
A3.16.9, 04.11.1 C324A
City Council to amend Consultant Agreement No. AG-C-226
with Kennedy/Jenks Consultants for final design and
construction services for Project No. C324A Well 5B
Expansion.
Councilmember Singer moved and Councilmember Wagner
seconded to approve the Consent Agenda.
MOTION CARRIED UNANIMOUSLY. 7-0.
VI. UNFINISHED BUSINESS
There was no unfinished business.
VII. NEW BUSINESS
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June 21. 2004
There was no new business.
VIII. ORDINANCES AND RESOLUTIONS
A. Ordinances
1. Ordinance No. 5848
03.10.9
An Ordinance of the City Council of the City of Auburn,
Washington, creating Auburn City Code Chapter 12.66
entitled "Right-of-way Construction Requirements" for the
purpose of consolidating contractor requirements from
various construction and utility codes
Councilmember Wagner moved and Councilmember Cerino
seconded to suspend the rules and consider all ordinances
related to utilities on this evening's agenda, Ordinance Nos.
5848, 5849, 5850, 5851, 5852, 5853, 5854 and 5855, by
one motion and reading by number only.
MOTION CARRIED UNANIMOUSLY. 7-0.
Councilmember Wagner moved and Councilmember Cerino
seconded to introduce and adopt Ordinance Nos. 5848,
5849,5850,5851,5852,5853,5854 and 5855.
MOTION CARRIED UNANIMOUSLY. 7-0.
2. Ordinance No. 5849
04.11, F4.3
An Ordinance of the City Council of the City of Auburn,
Washington, amending Auburn City Code Chapter 13.06
entitled "Water Utility - General Regulations" for the purpose
of revising code language to clarify intent
Ordinance No. 5849 was passed under Item VIII.A.1 of
these minutes.
3. Ordinance No. 5850
04.11
An Ordinance of the City Council of the City of Auburn,
Washington, amending Auburn City Code Chapter 13.08
entitled "Water Main Extensions" for the purpose of revising
code language to clarify intent
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City of Auburn Council Meetina Minutes
June 21. 2004
Ordinance No. 5850 was passed under Item VIII.A.1 of
these minutes.
4. Ordinance No. 5851
04.11
An Ordinance of the City Council of the City of Auburn,
Washington, amending Auburn City Code Chapter 13.12
entitled "Protection of Water Supply" for the purpose of
revising code language to clarify intent
Ordinance No. 5851 was passed under Item VIII.A.1 of
these minutes.
5. Ordinance No. 5852
04.6, F4.3
An Ordinance of the City Council of the City of Auburn,
Washington, amending Auburn City Code Chapter 13.20
entitled "Sewers" for the purpose of revising code language
to clarify intent
Ordinance No. 5852 was passed under Item VIII.A.1 of
these minutes.
6. Ordinance No. 5853
04.8, F4.3
An Ordinance of the City Council of the City of Auburn,
Washington, amending Auburn City Code Chapter 13.48
entitled "Storm Drainage Utility" for the purpose of revising
code language to clarify intent
Ordinance No. 5853 was passed under Item VIII.A.1 of
these minutes.
7. Ordinance No. 5854
F4.3
An Ordinance of the City Council of the City of Auburn,
Washington, repealing Auburn City Code Chapter 13.28
entitled "Utility Bill Collection" in its entirety
Ordinance No. 5854 was passed under Item VIII.A.1 of
these minutes.
8. Ordinance No. 5855
04.8
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City of Auburn Council Meetina Minutes
June 21. 2004
An Ordinance of the City Council of the City of Auburn,
Washington, repealing Auburn City Code Chapter 15.72
entitled "Drainage Plans" in its entirety
Ordinance No. 5855 was passed under Item VIII.A.1 of
these minutes.
9. Ordinance No. 5856
01.8.1
An Ordinance of the City Council of the City of Auburn,
Washington, amending Chapter 9.10 of the Auburn City
Code relating to curfew hours for juveniles
Councilmember Cerino moved and Councilmember Wagner
seconded to introduce and adopt Ordinance No. 5856.
MOTION CARRIED UNANIMOUSLY. 7-0.
10. Ordinance No. 5858
03.5 PL T03-0003
An Ordinance of the City Council of the City of Auburn,
Washington, approving the final plat of Remembrance
Square Subdivision located at 510 1 ih Street SE within the
City of Auburn, Washington
Councilmember Singer moved and Councilmember Norman
seconded to introduce and adopt Ordinance No. 5858.
MOTION CARRIED UNANIMOUSLY. 7-0.
11. Ordinance No. 5859
01.8
An Ordinance of the City Council of the City of Auburn,
Washington, amending Sections 10.54.010 and 10.54.050
of the Auburn City Code relating to motorized foot scooters
Councilmember Cerino moved and Councilmember Wagner
seconded to introduce and adopt Ordinance No. 5859.
Councilmember Wagner moved and Councilmember Peloza
seconded to amend Ordinance No. 5859 by deleting the
proposed change to Section 10.54.050 and retaining the
original language in Ordinance No. 5844 requiring an
operator's license or instructional permit.
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City Attorney Heid commented that the original ordinance
(Ordinance No. 5844 adopted June 7, 2004) requires an
operator's license or instructional permit in order to operate
a motorized foot scooter in the City of Auburn. The
proposed ordinance would substitute the license and permit
requirement for an age limitation. Mr. Heid explained that
the provision to require an operator's license or permit may
be viewed as in conflict with state law and too closely
encroaches on exclusive state authority for licensing.
In response to a question from Councilmember Thordarson,
Police Chief Kelly stated that the proposed ordinance is
enforceable by the Police Department.
Councilmember Peloza spoke in favor of the proposed
amendment of Ordinance No. 5859 to retain the requirement
for an operator's license or instructional permit in order to
operate a motorized foot scooter in the City of Auburn. He
stated that the requirement for an operator's license or
permit should be retained to ensure the safety of citizens
and operators of foot scooters as the possession of a
license or permit assumes the operator has received a
certain level of training in the rules of the road.
Councilmember Peloza spoke in favor of the definition
clarification provided in Section 10.54.010.
Councilmember Wagner spoke in favor of the amendment to
Ordinance No. 5859. He noted case law, State v. Melcher,
as referenced by City Attorney Heid, would appear to give
the City the authority to enact an ordinance intended to
provide public safety.
In response to a question from Councilmember Backus, City
Attorney Heid reported there has been some discussion
relating to amending state law for motorized scooters;
however, it is unknown whether the issue will be addressed
during the next legislative session. Councilmember Backus
also inquired regarding enforcement of the ordinance. Chief
Kelly responded and briefly commented on probable cause
for a police officer to make contact with an operator of a
motorized foot scooter.
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City of Auburn Council Meetina Minutes
June 21. 2004
Councilmember Cerino spoke in favor of the license
requirement for operators of foot scooters. He pointed out
that the license requirement would also prohibit operation by
persons whose driver's license is suspended by court action.
MOTION TO AMEND ORDINANCE NO. 5859 FAILED. 3-4.
Councilmembers Backus, Norman, Singer and Thordarson
voted no.
MOTION TO ADOPT ORDINANCE NO. 5859 PASSED. 4-
3. Councilmembers Wagner, Cerino, and Peloza voted no.
B. Resolutions
1. Resolution No. 3721
04.10.2 C1017, F5.2.15
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor to execute a Local
Agency Agreement Supplement between the City and the
Washington State Department of Transportation for
additional Federal Railway/Highway Crossing Program funds
for Project No. C1017, West Main & UPRR Crossing
Improvements
Councilmember Wagner moved and Councilmember Cerino
seconded to adopt Resolution No. 3721.
MOTION CARRIED UNANIMOUSLY. 7-0.
2. Resolution No. 3737
03.5
A Resolution of the City Council of the City of Auburn,
Washington, approving the preliminary plat to subdivide 2.92
acres of land, tax parcels 272105-9158 and 272105-9185,
into ten single family residential lots
Councilmember Singer moved and Councilmember Norman
seconded to adopt Resolution No. 3737.
MOTION CARRIED UNANIMOUSLY. 7-0.
3. Resolution No. 3738
03.3.15
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City of Auburn Council Meetina Minutes
June 21. 2004
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk of the City
of Auburn to adopt designs A, B, and C to serve as the City
of Auburn Gateway Program Design
Councilmember Singer moved and Councilmember Norman
seconded to adopt Resolution No. 3738.
MOTION CARRIED UNANIMOUSLY. 7-0.
4. Resolution No. 3739
F5.2.15, 04.4.92 C312A
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
a grant agreement with the State of Washington Department
of Transportation Aviation Division for a Washington Airport
Aid Program Grant
Councilmember Cerino moved and Councilmember Wagner
seconded to adopt Resolution No. 3739.
MOTION CARRIED UNANIMOUSLY. 7-0.
5. Resolution No. 3740
A3.16.3
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
a Consulting Services Agreement between the City of
Auburn (City), and Brad Jurkovich Consulting for a local road
improvements needs assessment
Councilmember Backus moved and Councilmember
Norman seconded to adopt Resolution No. 3740.
Councilmember Wagner expressed concern with the draft
agreement authorized by Resolution No. 3740. City
Attorney Heid explained that the resolution authorizes the
Mayor to negotiate with the consultant for the terms not
defined in the agreement so long as the ultimate agreement
is consistent with the Mayor's authority to sign a contract. If
the negotiated agreement is significantly different than the
terms in the draft agreement, the agreement would be
returned to the Council for consideration.
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City of Auburn Council Meetina Minutes
June 21.2004
MOTION CARRIED UNANIMOUSLY. 7-0.
IX. MAYOR'S REPORT
A. Executive Session
No executive session was held.
X. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 8:50 p.m.
A~~ ~A;JÄ:~
Peter B. Lewis, Mayor Danielle Daskam, City Clerk
City Council agendas and minutes are available to the public at the City Clerk's
Office, on the City website, and via e-mail. Complete agenda packets are
available for review at the City Clerk's Office and at the Library.
Internet: http://www.ci.auburn.wa.us
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