HomeMy WebLinkAbout08-04-2008CITY OF
t,uRN
WASHINGTON
CALL TO ORDER
CITY COUNCIL
MEETING MINUTES
August 4, 2008 7:30 PM
A. Flag Salute
Mayor 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, Lynn Norman and Virginia Haugen.
Staff members present included: City Attorney Daniel B. Heid;
Information Services Director Lorrie Rempher; Chief of Police Jim
Kelly; Transportation Planner Joe Welsh; Public Works Director
Dennis Dowdy; Finance Director Shelley Coleman; Planning,
Building and Community Director Cindy Baker; Human
Resources/Risk and Property Management Director Brenda
Heineman; Parks Planning and Development Manager Bob
Wuotila, Economic Development Planner Al Hicks, Human
Services Manager Michael Hursh, and City Clerk Danielle Daskam.
C. Announcements and Appointments
1. Announcements
There was no announcement.
2. Appointments
a) Arts Commission
City Council to confirm the following appointments to
the Arts Commission for a three-year term expiring
December 31, 2010:
Cary Davidson
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City of Auburn Council Meeting Minutes August 4, 2008
Donna Smart
City Council to approve the appointment of Debora
Deal to fill an unexpired term expiring December 31,
2009.
Deputy Mayor Singer moved and Councilmember
Wagner seconded to approve the appointments to
the Arts Commission.
MOTION CARRIED. 7-0.
b) Urban Tree Board
City Council to confirm the appointment of Karen
Wright for a three-year term expiring December 31,
2010
Deputy Mayor Singer moved and Councilmember
Wagner seconded to approve the appointment to the
Urban Tree Board.
MOTION CARRIED UNANIMOUSLY. 7-0.
D. Agenda Modifications
Agenda modifications included the transmittal of comment letters
related to the public hearing on the Business Improvement Area,
the removal of Resolution No. 4354 from the agenda and the
addition of Ordinance No. 6199 to the agenda.
CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. Local Law Enforcement Justice Assistance Grant
F5.4.1
The City of Auburn's application for funding under the
US Department of Justice, 2008 Edward Byrne
Memorial Justice Assistance Grant (JAG) Program
has been approved in the amount of $13,681 for the
purpose of reducing crime and improving public
safety. The City of Auburn proposes to utilize the
grant to pay overtime costs for police officers
engaged in community policing activities. Special
conditions of the grant award require the City to
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City of Auburn Council Meeting Minutes August 4, 2008
encourage participation regarding the proposed use
of the grant.
There was no staff presentation regarding the Local Law
Enforcement Justice Assistance Grant.
Mayor Lewis opened the public hearing at 7:33 p.m. No one
in attendance requested to speak regarding the Justice
Assistance Grant; therefore, Mayor Lewis closed the
hearing.
(See Resolution No. 4378, Item V111.B.2, for further action on
this item.)
2. Vacation Application No. V-04-08
03.9 V-04-08
City Council to conduct a hearing on the City's proposal to
vacate the alley south of West Main Street between A Street
SW and South Division Street in the city of Auburn and as
legally described in Resolution No. 4371.
Transportation Planner Joe Welsh provided a staff
presentation regarding the City-initiated request to vacate
the 20 foot alley south of West Main Street between A Street
SW and South Division Street. Mr. Welsh noted that the
Sunbreak Cafe would maintain its access from A Street SW
as the access lies south of the alley right-of-way.
Mayor Lewis opened the public hearing at 7:36 p.m.
Alan Keimig, 216 A Street NW, Auburn
Mr. Alan Keimig spoke on behalf of Marvel Deli located at 2
West Main Street adjacent to the subject alley. Mr. Keimig
stated the proposed vacation would eliminate access to
Marvel Deli's rear parking and loading area and would be a
hardship to the business. Mr. Keimig stated that he believes
cross drainage easements exist in the alley.
There being no further public comment, Mayor Lewis closed
the hearing at 7:38 p.m.
(See Ordinance No. 6193, Item VIII.A.1, for further action on
this item.)
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City of Auburn Council Meeting Minutes August 4, 2008
3. Auburn Central Business District Parking and Business
Improvement Area
A1.10
City Council to conduct a public hearing on whether or not to
disestablish the Auburn Central Business District Parking
and Business Improvement Area.
Finance Director Shelley Coleman presented a staff report
including a PowerPoint presentation regarding the
Downtown Business Improvement Area (BIA). The BIA was
established in 1988 by Ordinance No. 4686 in accordance
with RCW 35.87A and upon receipt of a petition from
operators responsible for sixty percent of the assessments
for the area. The purpose of the BIA is to aid in the general
economic development and revitalization of the area.
The businesses within the BIA are subject to a special
assessment as authorized by RCW 35.87A.10. The current
assessment is $0.15 per square foot with a minimum annual
assessment of $150 and a maximum of $1,500. In 2007,
upon the recommendation of the BIA Committee of Rate
Payers, the assessment rate for service business was
changed from $0.05 per square to the same rate ($0.15 per
square foot) for retail businesses. RCW 35.87A provides
that the funds collected through the special assessment can
be used for business retention and recruitment,
transportation services, marketing and special events,
improving security and maintenance of the pedestrian
environment, enhancing the aesthetic appeal of the BIA
area, parking facilities, and professional management.
Director Coleman briefly described the roles of the City, the
BIA Committee of Rate Payers, and the Auburn Downtown
Association (ADA). The City of Auburn appoints the
Committee of Rate Payers, approves the rate of
assessment, approves the annual budget for the use of BIA
funds, and collects and disburses BIA funds. The BIA
Committee of Rate Payers is composed of BIA owners or
operators and is responsible for reviewing and approving an
annual budget and submitting the budget to the City of
Auburn for approval. The Auburn Downtown Association is
a contractor who administers the BIA funds.
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City of Auburn Council Meeting Minutes August 4, 2008
Director Coleman reviewed the current financial position of
the BIA Fund. There is approximately $96,000 in the fund.
The 2008 budget revenue is $53,000. Year-to-date revenue
is at $49,426. The 2008 budgeted expenditures is $53,500,
but no expenses have been encumbered in 2008.
In response to a question from Deputy Mayor Singer,
Director Coleman advised that she is unaware of any
changes to the boundaries of the BIA since its establishment
in 1988.
In response to a question from Councilmember Haugen,
Director Coleman reported that the rate of assessment for
retail businesses has remained the same since 1988. In
2007, the rate of assessment for service businesses (non-
retail) was increased from $0.05 per square foot to $0.15 per
square foot, the same rate for retail businesses.
Councilmember Wagner inquired as to the number of rate
payers in the BIA. Director Coleman estimated that there
are approximately 200 businesses in the BIA that pay the
BIA assessment.
Councilmember Peloza inquired regarding the uses of the
BIA funds. Director Coleman stated that in the past the
funds have been used for business retention and
recruitment, marketing, administration/professional
management, and enhancing the aesthetic appeal of the
BIA area.
Mayor Lewis opened the public hearing at 7:53 p.m.
Cheryl Creson, 1420 21St Street SE, Auburn
Ms. Creson operates a business at 222 East Main Street.
Ms. Creson stated that her business has not received any
benefit from the BIA or ADA in the past fifteen years. She
expressed opposition to the increase in assessment rate for
service businesses.
Crystal Hochhaus, QC Graphics, 341 East Main Street,
Auburn
Ms. Hochhaus stated that she previously submitted a
comment letter and spearheaded the petition to disestablish
the BIA. Ms. Hochhaus objected to the boundaries of the
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City of Auburn Council Meeting Minutes August 4, 2008
BIA as she believes her business does not benefit from the
BIA. She stated that the role and responsibilities of the BIA
should be accomplished by the Chamber of Commerce.
Jim Rottle, 226 East Main Street, Auburn
Mr. Jim Rottle spoke on behalf of his brother, John Rottle.
Mr. Rottle read a letter from John Rottle, which was
previously submitted. Mr. Rottle presented the Council with
ADA pamphlets and spoke of past ADA accomplishments.
Mr. Rottle spoke in favor of retaining the BIA.
Christian McLendon, 102 West main Street, Auburn
Mr. McLendon stated he is the owner of The Pit Restaurant
located at 102 West Main Street. Mr. McLendon spoke in
favor of retaining the BIA.
Jan Cavanaugh, 2820 179th Avenue East, Lake Tapps
Ms. Cavanaugh stated that she worked with the BIA and
ADA since its inception. She noted that City's enabling
ordinance included only the first five uses identified in
Finance Director Coleman's slide of statutory uses for BIA
funds. Ms. Cavanaugh stated that before the BIA was
established, any event or activity that happened in the
downtown area was sponsored and supported by only a
handful of businesses. The BIA was formed to ensure that
all businesses that benefited from events in the downtown
paid their fair share of the cost.
Alan Keimig, Keimig and Associates, 216 A Street NW,
Auburn
Mr. Keimig advised that he is a past president of the Auburn
Downtown Association and a past member of the BIA
Committee of Rate Payers. Mr. Keimig spoke of past
activities of the ADA. He spoke in favor of retaining the BIA
and the need to reexamine the purpose of the BIA and its
funding mechanism.
James Ebeling, 330 Auburn Way North, Auburn
Mr. Ebeling operates a locksmith business in Auburn. He
expressed opposition to continuing the BIA. He questioned
whether the property owner rather than the business owner
should be responsible for BIA assessments.
Jack Jones, 308 West Main Street, Auburn
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City of Auburn Council Meeting Minutes August 4, 2008
Mr. Jones advised that he is the former owner of the
AgriShop located at 308 West Main Street where he retains
ownership of the property. He expressed opposition to
retaining the BIA. Mr. Jones stated the central core of the
downtown, located east of the Burlington Northern railroad
tracks, receives all the benefits from the assessments.
Ronnie Roberts, 116 A Street SE, Auburn
Mr. Roberts operates Gosanko Chocolates located at 116 A
Street SE. He spoke regarding his involvement with the
ADA and efforts to improve commerce in the downtown
area. He spoke in favor of retaining the BIA.
Pat Cavanaugh, 2820 179th Avenue East, Lake Tapps
Mr. Cavanaugh spoke about the initial creation of the BIA.
He stated the BIA was a recommendation from the Chamber
of Commerce to fund downtown activities on an equal basis.
He expressed support for retaining the BIA.
Tom Burrill, 5667 Lake Tapps Highway, Bonney Lake
Mr. Burrill operates Liberty Tax Service located at 102 East
Main Street. Mr. Burrill stated that he has been a member of
the BIA and ADA since the start of his business five years
ago. He proposed either disestablishing the BIA or
increasing the BIA budget in order to accomplish projects
and goals.
Athena Robbins, 113 East Main Street, Auburn
Ms. Robbins operates a business, Coffee Island Tea and
Imports, located at 113 East Main Street. She encouraged
businesses owners to become more involved in the
downtown association.
Cindy Fields, 110 2nd Street SW, Auburn
Ms. Fields encouraged business owners to participate in the
downtown association. She spoke in favor of retaining the
BIA.
Alan Keimig, 216 A Street NW, Auburn
Mr. Keimig stated that he believes that business and
occupation taxes can be assigned to the BIA, if sanctioned
by the City.
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City of Auburn Council Meeting Minutes August 4, 2008
There being no further public comments, Mayor Lewis
closed the hearing at 8:30 p.m.
B. Audience Participation
This is the place on the agenda where the public is invited to speak
to the City Council on any issue. Those wishing to speak are
reminded to sign in on the form provided.
No one in the audience requested to address the Council at this
time.
C. Correspondence
There was no correspondence for Council review.
III. COUNCIL COMMITTEE REPORTS
A3.7.6
A. Municipal Services
Chair Cerino reported the Municipal Services Committee met July
28, 2008. The Committee discussed a Tax and License Audit
Agreement with Microflex Inc.; Resolution Nos. 4381, 4385, 4386;
and the Washington Auto Theft Prevention Act Grant. The next
regular meeting of the Municipal Services Committee is scheduled
for August 11, 2008 at 3:30 p.m.
B. Planning & Community Development
Chair Norman reported the Planning and Community Development
Committee met July 28, 2008. The Committee received an update
from Community Services Manager Duanna Richards who reported
on various neighborhood meetings and outreach efforts among the
City's diverse communities. The Committee also discussed infill
residential development, Resolution No. 4385 endorsing the Ten
Year Plan to End Homelessness, Resolution No. 4386 approving
an interlocal agreement for the King County HOME Investment
Partnerships Program Consortium, Resolution No. 4374 approving
an interlocal agreement with Pierce County regarding countywide
planning policies, and the recent citizens' survey. The next regular
meeting of the Planning and Community Development is scheduled
for August 11, 2008 at 5:00 p.m.
C. Public Works
Chair Wagner reported the Public Works Committee met today at
3:30. The Committee approved advertisement of the Auburn Way
North Pedestrian Crossing Project and Resolution No. 4387
regarding the Six Year Transportation Improvement Plan. The
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City of Auburn Council Meeting Minutes August 4, 2008
Committee discussed the Intelligent Transportation System Project,
private side sewers, Ordinance No. 6197 relating to transportation
impact fees, Resolution No. 4374 relating to Pierce County
countywide planning policies, Ordinance No. 6199 relating to
transportation impact fees, and Resolution No. 4389 approving a
car-sharing program. The next regular meeting of the Public
Works Committee is scheduled for August 18, 2008 at 3:30 p.m.
D. Finance
Chair Backus reported the Finance Committee met this evening at
6:30. The Committee approved claims and payroll vouchers, a
contract with Microflex Inc. for license and tax auditing services,
Ordinance Nos. 6197 and 6199 relating to transportation impact
fees, Resolution No. 4381 authorizing an amendment to the current
public defense services contract, Resolution No. 4388 approving
an addendum to the Purchase and Sale Agreement with The
Stratford Group, and Resolution No. 4389 approving a car-sharing
program. The Committee discussed Resolution No. 4387 setting
the date for a public hearing on the Six Year Transportation
Improvement Program, leases with the Valley Regional Fire
Authority, and the Auburn Downtown Association budget. The next
regular meeting of the Finance Committee is scheduled for August
18, 2008 at 6:30 p.m.
E. Community Center
Chair Wagner reported that the Community Center Committee has
not met since the last Council meeting. The next meeting of the
Community Center Committee is scheduled for August 12, 2008 at
1:00 P.M.
F. Downtown Redevelopment
Chair Norman reported the Downtown Redevelopment Committee
met July 22, 2008. The Committee devoted its meeting to
reviewing design guidelines for the Auburn Junction project. A
special meeting of the Downtown Redevelopment Committee is
scheduled for August 6, 2008 at 3:30 p.m.
IV. REPORTS
At this time the Mayor and City Council may report on significant items
associated with their appointed positions on state, regional and local
organizations.
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City of Auburn Council Meeting Minutes August 4, 2008
A. From the Council
Deputy Mayor Singer reported on activities of the Auburn Tourism
Board, including the Board's 2008-09 work plan. Deputy Mayor
Singer also reported on her attendance at a recent Puget Sound
Regional Council meeting where the main topic of discussion was
the 520 bridge tolling studies.
Councilmember Wagner reported on his attendance at the
Puyallup River Watershed Council meeting which included a
presentation from the Puget Sound Partnership.
Councilmember Peloza reported on his attendance at the King
County Water Pollution Abatement Advisory Committee meeting
which included discussion of reclaimed water comprehensive plan.
Councilmember Peloza also represented the Water Resource
Inventory Area (WRIA) 9 at the U.S. Army Corps of Engineers
Seattle District Change of Command Ceremony. Councilmember
Peloza also attended the Regional Water Quality Committee
meeting where discussion included the topic of water pollutants
from runoff. Councilmember Peloza reported that the Auburn
Farmers Market steering committee will be participating in the
Auburn Good OI' Days to provide public outreach.
B. From the Mayor
Mayor Lewis commented on the flood control projects that are
underway by the King County Flood Control District. Mayor Lewis
reported that he and staff attended several neighborhood meetings
recently where common themes of concern were expressed by
residents. Mayor Lewis reported that the City welcomed a group of
students from Okinawa, Japan, as part of the International
Understanding organization. Last week, the City also welcomed
the youth ambassadors from sister city Tamba, Japan.
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 July 21, 2008 regular City Council
meeting.
B. Vouchers
F4.9.2, F4.9.5
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City of Auburn Council Meeting Minutes August 4, 2008
1. Claims
Claims check numbers 376742 through 377226 in the
amount of $1,360,635.907 and dated August 4, 2008.
2. Payroll
Payroll check numbers 523985 to 524127 in the amount of
$379,055.30 and electronic deposit transmissions in the
amount of $1,206,446.18 for a grand total of $1,585,501.48
for the pay period covering July 17, 2008 to July 30, 2008.
C. Contract Administration
1. Contract with Microflex, Inc.
A3.16.3
City Council to grant permission to enter into an Agreement
with Microflex, Inc. to perform utility tax collections audit
services.
2. Public Works Project Number CP0760
04.9.1 CP0760
City Council grant permission to advertise for bids for Project
No. CP0760 Auburn Way North Pedestrian Crossing
Deputy Mayor 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
There is no new business.
VIII. ORDINANCES AND RESOLUTIONS
A. Ordinances
1. Ordinance No. 6193
03.9 V-04-08
An Ordinance of the
Washington, approving
City Council of the City of Auburn,
the vacation of the alley south of
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City of Auburn Council Meeting Minutes August 4, 2008
West Main Street between A Street SW and South Division
Street
Councilmember Wagner moved and Councilmember Cerino
seconded to introduce and adopt Ordinance No. 6193.
Councilmember Peloza inquired whether Marvel Deli's
access will be affected by the vacation. Public Works
Director Dowdy explained that a number of private and
public utilities are located in the alley and the vacation will
not likely affect Marvel Deli's access.
Councilmember Haugen spoke against the vacation and in
favor of retaining the alley.
Councilmember Norman requested clarification that if a sale
agreement is not reached with Marvel Foods and
development occurs around the Marvel Foods property,
Marvel Foods access to their property will not be affected.
Mayor Lewis stated that any development that would take
place would have to include the Marvel Foods property in
order for the development to proceed.
MOTION CARRIED. 6-1. Councilmember Haugen voted
no.
2. Ordinance No. 6197
F4.3, 03.4.1.1
An Ordinance of the City Council of the City of Auburn,
Washington, amending Sections 19.04.020 and 19.04.070
of the Auburn City Code, relating to transportation impact
fees
Councilmember Backus moved and Deputy Mayor Singer
seconded to introduce and adopt Ordinance No. 6197.
MOTION CARRIED UNANIMOUSLY. 7-0.
3. Ordinance No. 6199
F4.3, 03.4.1.1
An Ordinance of the City Council of the City of Auburn,
Washington, amending Sections 19.04.020 and 19.04.070
of the Auburn City Code, relating to transportation impact
fees
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City of Auburn Council Meeting Minutes August 4, 2008
Councilmember Backus moved and Deputy Mayor Singer
seconded to introduce and adopt Ordinance No. 6199.
MOTION CARRIED UNANIMOUSLY. 7-0.
B. Resolutions
1. Resolution No. 4374
A1.17
A Resolution of the City of Auburn, Washington, approving
and authorizing execution of an interlocal agreement with
Pierce County, amending the Pierce County Countywide
Planning Policies
Councilmember Norman moved and Councilmember
Backus seconded to adopt Resolution No. 4374.
MOTION CARRIED UNANIMOUSLY. 7-0.
2. Resolution No. 4378
F5.2
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Auburn City Council to accept a
Bureau of Justice Grant on behalf of the City of Auburn,
Washington
Councilmember Cerino moved and Councilmember Peloza
seconded to adopt Resolution No. 4378.
MOTION CARRIED UNANIMOUSLY. 7-0.
3. Resolution No. 4381
A3.12.5
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to amend
the contract for public defense services for calendar year
2008 between the City of Auburn and the Law Offices of
Matthew J. Rusnak
Councilmember Backus moved and Deputy Mayor Singer
seconded to adopt Resolution No. 4381.
MOTION CARRIED UNANIMOUSLY. 7-0.
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City of Auburn Council Meeting Minutes August 4, 2008
4. Resolution No. 4385
03.11.2
A Resolution endorsing the goals of "A Roof Over Every Bed
in King County: Our Community's Ten-Year Plan to End
Homelessness" and stating the intent of the City of Auburn
to work with other organizations and governmental entities in
the implementation of this plan
Councilmember Norman moved and Councilmember
Backus seconded to adopt Resolution No. 4385.
Councilmembers Wagner and Norman spoke in favor of
Resolution No. 4385 to ensure Auburn's participation in the
equitable allocation of homes.
MOTION CARRIED UNANIMOUSLY. 7-0.
5. Resolution No. 4386
A1.3
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk of the City
of Auburn to enter into an interlocal cooperation agreement
between the City and King County, for the purposes of
administering the Federal Home Investment Partnerships
Program (HOME)
Councilmember Norman moved and Councilmember
Backus seconded to adopt Resolution No. 4386.
MOTION CARRIED UNANIMOUSLY. 7-0.
6. Resolution No. 4387
04.9.3
A Resolution of the City Council of the City of Auburn,
Washington, setting the time and date for a public hearing
before the City Council on the 2009-2014 Six-Year
Transportation Improvement Program
Councilmember Wagner moved and Councilmember Cerino
seconded to adopt Resolution No. 4387.
MOTION CARRIED UNANIMOUSLY. 7-0.
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City of Auburn Council Meeting Minutes August 4, 2008
7. Resolution No. 4388
A3.13.4
A Resolution of the City Council of the City of Auburn,
Washington, approving Addendum No. 2 to the Purchase
and Sale agreement between the City of Auburn and The
Stratford Group for the purchase/sale of certain parcels of
property located at the downtown area of Auburn
Councilmember Backus moved and Deputy Mayor Singer
seconded to adopt Resolution No. 4388.
MOTION CARRIED. 6-1. Councilmember Haugen voted
no.
8. Resolution No. 4389
A3.16.7
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
a Car-Sharing Program Agreement between the City of
Auburn and The Stratford Company LLC
Councilmember Backus moved and Deputy Mayor Singer
seconded to adopt Resolution No. 4389.
Councilmember Haugen spoke against entering into a car-
sharing program at this time.
MOTION CARRIED. 6-1. Councilmember Haugen voted
no.
At 9:08 p.m., Mayor Lewis recessed the meeting for a five minute
intermission and then to executive session for approximately thirty
minutes in order to discuss pending/potential litigation pursuant to RCW
42.30.110(1)(i) and property acquisition/sale pursuant to RCW
42.30.110(1)(b) and (c). At 9:45 p.m., Mayor Lewis extended the
executive session for an additional fifteen minutes.
Mayor Lewis reconvened the regular meeting at 9:57 p.m.
IX. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 9:57 p.m.
APPROVED THE /V?_DAY OF AUGUST 2008.
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City of Auburn Council Meetinq Minutes August 4, 2008
l ?_Izj
_J/ Peter A. Lewis, Mayor
Da Ile 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.auburnwa.gov
"Denotes attachments included in Council agenda packet.
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