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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 Page 1 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 Page 2 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.) Page 3 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. Page 4 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 Page 5 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 Page 6 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. Page 7 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 Page 8 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. Page 9 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 Page 10 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 Page 11 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 Page 12 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. Page 13 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. Page 14 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. Page 15 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. Page 16