HomeMy WebLinkAboutITEM V-A-1
AC TY OFD CITY COUNCIL
MEETING MINUTES
0 : ~
WASHINGTON MARCH 21, 2011 7:30 PM
1. 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
Councilmembers present: Rich Wagner, Nancy Backus, Bill
Peloza, Virginia Haugen, and John Partridge. Deputy Mayor
Singer and Councilmember Lynn Norman were excused.
Directors and staff members present included: Police Commander
Will Lathrop, City Attorney Daniel B. Heid, Public Works Director
Dennis Dowdy, Storm Drainage Engineer Tim Carlaw,
Transportation Planner Chris Hankins, Water Quality Program
Coordinator Chris Thorn, Finance Director Shelley Coleman,
Planning and Development Director Kevin Snyder, Economic
Development Manager Doug Lein, Community Services Manager
Michael Hursh, and City Clerk Danielle Daskam.
C. Announcements and Appointments
1. Announcements
a) Auburn Municipal Court Report
The Honorable Pat Burns, Auburn Municipal Court
Judge, reported on the activities of the Auburn
Municipal Court.
Judge Burns, in his fourteenth year as Auburn
Municipal Court Judge, submitted a written report and
commented on the highlights of the court's activities.
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City of Auburn Council Meeting Minutes March 21, 2011
Judge Burns reported that the number of case filings
leveled off last year, but the number of hearings
continued to climb to nearly 35,000 hearings and fees
collected increased as well. The court has been able
to maintain level of services although two court clerk
positions and a court commissioner position are
vacant.
Judge Burns also spoke regarding the activities of
probation staff who supervises offenders with
restrictions on their behavior. A random snapshot
taken of the jail population on March 2 revealed prior
criminal offenses per offender averaged over fifteen
and over three were for felonies. All of the prisoners
had a history of alcohol and/or drug abuse and nearly
half also had mental health issues. In 2010, 270
offenders were released to alcohol and drug
treatment and 66 offenders were released through
mental health court. The cost of jailing the same
offenders through the remainder of their sentences
would have cost the City over $12 million. Judge
Burns described Auburn's alternatives to
incarceration program as one of the best programs in
the state.
Judge Burns spoke regarding increasing the
efficiency of the Court including transitioning to a
paperless court.
Judge Burns thanked the Council for their support of
the Court programs. He invited the Councilmembers
to visit the court and observe a court calendar.
2. Appointments
a) Urban Tree Board
City Council to confirm the appointment of Jan Speer
to the Urban Tree Board to fill an unexpired term
expiring December 31, 2011.
Councilmember Wagner moved and Councilmember
Backus seconded to confirm the appointment of Jan
Speer to the Urban Tree Board.
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City of Auburn Council Meeting Minutes March 21, 2011
MOTION CARRIED UNANIMOUSLY. 5-0.
b) Auburn Lodging Tax Advisory Committee
City Council to confirm the appointment of Ronnie
Roberts to the Auburn Lodging Tax Advisory
Committee for a term to expire December 31, 2013.
Councilmember Wagner moved and Councilmember
Backus seconded to confirm the appointment of
Ronnie Roberts to the Auburn Lodging Tax Advisory
Committee.
MOTION CARRIED UNANIMOUSLY. 5-0.
D. Agenda Modifications
There was no change to the agenda.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. Stormwater Management Program
03.4.1.10, 04.8
City Council to conduct a public hearing on the City's
Stormwater Management Program that was prepared in
response to the Washington State Department of Ecology's
Western Washington Phase II Municipal Stormwater Permit.
The Phase II permit covers the discharges from Auburn's
storm drainage system. Implementation of the Stormwater
Management Program is designed to reduce the discharge
of pollutants, protect water quality, and meet the
requirements of the Federal Clean Water Act.
Storm Drainage Engineer Carlaw reported that the City's
Stormwater Management Program was prepared in
response to the Washington State Department of Ecology's
Western Washington Phase II Municipal Stormwater permit.
The public review of the document began March 8, 2011
and concludes this evening. The Program has been
reviewed by the Public Works and Planning and Community
Development Committees. Storm Drainage Engineer
Carlaw noted that the documentation available also includes
the 2010 Annual Report, which includes a public education
summary, a low impact development barriers document, and
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City of Auburn Council Meeting Minutes March 21, 2011
a stormwater monitoring document. The City is compliant
with its permit issued under the National Pollutant Discharge
Elimination System
Mayor Lewis opened the public hearing at 7:46 p.m.
Brinda Hradecky, 1025 Nevin Avenue #32, Richmond, CA
94802
Ms. Hradecky spoke briefly regarding storm drainage
concerns in the vicinity of Clay and Western Streets.
There being no further public comment, the hearing was
closed.
(See Item VII1.B.2, Resolution No. 4679, for further action on
this item.)
2. 2010 Consolidated Annual Performance and Evaluation
Report (CAPER)
03.4.1.7
The CAPER is an overall review of housing and community
development activities undertaken in Auburn during 2010.
Its primary purpose is to inform the citizens of Auburn how
and where the federal funds are spent, and assess the
program accomplishments as they relate to housing and
community development goals set forth in the Consolidated
Plan. The purpose of this hearing is to solicit public
comments prior to approval of the CAPER and submission
of the report to the U.S. Department of Housing and Urban
Development.
Human Services Manager Michael Hursh presented the staff
report for the 2010 Consolidated Annual Performance and
Evaluation Report (CAPER). The primary purpose of the
CAPER is to inform the citizens of Auburn where Federal
Housing and Urban Development funds are being spent and
outline the accomplishments of the program. Federal
Housing and Urban Development regulations require the
City to solicit comments and provide public review of its
annual CAPER.
Mayor Lewis opened the public hearing on the 2010
Consolidated Annual Performance and Evaluation Report at
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City of Auburn Council Meeting Minutes March 21, 2011
7:54 p.m. No one present requested to speak regarding the
CAPER, therefore the hearing was closed.
(See Item V111.B.4, Resolution No. 4693, for further action on
this item.)
3. Amendment to City of Auburn's 2011-2016 Six Year
Transportation Improvement Program (TIP)
04.9.3
On November 19, 2010, the City was notified of a grant
award from the Washington State Transportation
Improvement Board (TIB) for the Auburn Way South
Corridor Improvements, Fir Street SE to Hemlock Street SE
Project. The City is required to add the project to the 2011-
2016 Transportation Improvement Program and
subsequently to the Washington State Transportation
Improvement Program in order to obligate the awarded
funds. State law requires the City of Auburn to conduct a
hearing prior to any revision of the 2011-2016 Six Year
Transportation Improvement Program.
Transportation Planner Hankins presented the staff report
relating to the amendment to the City of Auburn's 2011-2016
Six Year Transportation Improvement Program to add the
Auburn Way South Corridor Improvements, Fir Street SE to
Hemlock Street SE Project. Mr. Hankins noted that the
Muckleshoot Indian Tribe is contributing $606,600 to the
project.
The need for the project was first identified more than a
decade ago. The project will widen Auburn Way South to
five lanes and construct a new traffic signal at the
intersection of Hemlock Street SE.
In response to questions from Councilmembers, Mr. Hankins
stated that base line drawings of the project, which are
sufficient to form project cost estimates, are available for
review.
Mayor Lewis opened the public hearing at 7:59 p.m. There
being no public comment germane to the topic, the hearing
was closed.
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City of Auburn-Council Meeting Minutes March 21, 2011
(See Item VIII.B.1, Resolution No. 4677, for further action
on this item.)
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.
David P. Christie,-140,29 37th Avenue NE, Seattle
Mr. Christie urged the Council's support for reinstating the Glass-
Steagall 'Act- and ensure banking regulations than. separate Wall
Street investment banks. from depository banks.
C. Correspondence
There-was no correspondence for Council review.
III. COUNCIL. COMMITTEE REPORTS
A3.7.6
A. Municipal Services
Chair Peloza reported, the Municipal Services Committee did not
meet':, on 'March 14, 2011. The next regular ' meeting of the
Municipal Services Committee is scheduled for March 28, 2011 at
3:30 p.m.
B. Planning & Community Development
Vice - Chair. Backus ; reported the Planning and Community
Development Committee met March 14, 2011. The Committee
reviewed Ordinance No. 6341 related to voluntary deferral of
payment of impact fees and system development charges,
downtown urban center, design 'standards,- and -the 2010
Consolidated Annual 'Performance and . Evaluation Report
(CAPER): The .Committee also discussed Resolution No. 4679
related to the Storm, Water Management Program, potential off-
leash dog, areas in Auburn parks, cluster subdivision regulations
beyond the urban separator overlay, master. plan code
amendments for larger"institutions and. commercial developments,
and planning for a Green Zone, summit. The next regular meeting-
of the Planning and Community Development Committee is
scheduled for March 28, 2011.
C. Public Works
Chair Wagner reported, the Public Works Committee met today at
3:30 p.m. The-Committee approved a Right-of-way Use Permit for
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City of Auburn Council Meeting Minutes March 21, 2011
the Boeing Company for their monitoring wells, approved an
agreement . not to apply a street payback agreement related to
Public Works Project No. C207A, and approved Change Order No.
2 related to Public. Works Project No. CP0701,:the 8t" and R Street
NE Signal Project.. The Committee also held an executive session
regarding real estate acquisition. The Committee also approved
Resolution No. 4679 relating to the Stormwater Management
Program. The Committee discussed .Ordinance No. 6352
amending the 2011-2012 Budget, possible obstructions to the
signal at Auburn Way South and F Street-SE, eastbound 8t" Street
NE corridor signage and striping, and capital projects status. The
next regular meeting of the Public Works Committee is scheduled
for April 4, 2011.
D. Finance
Chair Backus reported the Finance Committee met this evening at
6:00. The Committee approved claims and payroll vouchers,
Ordinance No. 6357 amending Section 9.02.110 of the Auburn City
Code relating to gross misdemeanor and misdemeanor crimes, and
Resolution No. 4694 authorizing a settlement agreement with
Glacier Water LLC.. The Committee discussed the' Community
Development Block Grant Consolidated Annual Performance and
Evaluation Report, a water leak adjustment appeal, Ordinance No.
6352 amending the 2011-2012 Budget, Resolution. No., 4691
relating to the transfer of funds from the Cumulative. Reserve Fund
to the Golf Course Fund, -and the January 2011 financial report.
The next regular meeting of the Finance Committee is scheduled
for April 4, 2011.
' E. Les Gove Community Campus Committee
Chair Wagner reported the Les Gove Community Campus
Committee met March 11, 2011.' The Committee received a report
from the project manager for the new activity center gymnasium.
Occupancy is expected in late May 2011. The. Committee also
discussed the artwork for the activity center gymnasium project.
The Committee discussed the status of Boys and Girls Club grants
from the state and financing for -the community center. Chair
Wagner reported that the Boys and Girls Club's $800,000 grant is
secured and the $400,000 grant was. still in the state budget as of
today. The Boys :and Girls Club's commitment to the project will
mean that the Club will have an opportunity to operate some hours
within the. new gymnasium. Staff are currently negotiating an
operating agreement with the Boys and Girls Club. The. City is
currently exploring opportunities to - partner with veterans
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City of Auburn'Council Meeting Minutes March 21, 2011
organizations for funding for the community center. The next
meeting of. the Les Gove Community Campus Committee has not
yet been scheduled.
F. Downtown Redevelopment
Vice Chair Backus reported the Downtown Redevelopment
Committee met March 15, 2011. The Committee discussed a
request for expression. of interest concept for Auburn Junction. The
next meeting of _ the Downtown Redevelopment Committee is
scheduled for April 12, 2011 at 4:00 p.'m.
G. Council Operations Committee
Chair Wagner reported he Council Operations Committee met
March 8, 2011. - The Committee recommended a change in
membership, for the Downtown Redevelopment Committee and a
change in responsibilitie's-for two committees. Chair Wagner noted
that Resolution No.:.4692 appears on the Council agenda this
evening to ;effect the recommended changes; however, he will
move to amend the resolution -to include only the change to the
membership on. the. Downtown Redevelopment Committee. The
Committee also discussed retreat planning . and the conduct of
Councilmember Haugen. The next meeting of :the Council
Operations Committee is scheduled for March 29, 2011 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.
A. From the Council
Councilmember Wagner reported that he traveled to Washington
State University with Planning and "Development Director. Snyder
and Environmental Protection Manager Andersen _ to review the
progress of the. Integrated Design Experience (IDeX) :Project.
Councilmember Wagner stated that-the WSU, architectural and
engineering students will be making their final 'presentation on the
project on April 29 'at.Auburn City Hall. Councilmember Wagner
also. attended a DARE graduation, the Pierce County Regional
Council meeting where discussion focused on the countywide
planning policies and annexations, and the Auburn Arts
Commission retreat.
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City of Auburn Council Meeting Minutes March 21, 2011
Councilmember Partridge reported on his attendance at the Senior
Center coffee hour where they discussed the potential for. the
Auburn:Valley.Humane Society, the library . parking lot; West Valley
Highway improvements, the M Street SE Underpass Project, and
local road improvements. Councilmember Partridge also reported
on meetings with the Auburn , Valley Humane. Society and their .
efforts to provide an alternative for Aub,urn's animal. services.. The
Auburn Humane Society is prepared to file the necessary
paperwork to. become a 501(C)(3) entity and has developed an
operations budget. The Auburn: Humane Society.is also finalizing
its operations startup and the building remodel plans for the interior
of the building on A', Street SE. Councilmember Partridge also
reported . that. he attended the ACAP. breakfast,' the Auburn Area
Chamber of Commerce luncheon, and the grand opening of the
Oddfellows Restaurant.
Councilmember Backus reported on her attendance at the Valley
Regional Fire Authority monthly Board of Governance meeting
together with Mayor Lewis and Councilmember Wagner.
Councilmember Backus also participated as a judge for the Auburn
Mountainview High School senior portfolios and attended the
ACAP breakfast where it was announced that effective July 1
ACAP will become a partner with Auburn Youth Resources and
move to'its new location at First United Methodist Church.
Councilmember Peloza reported that he attended the ACAP
breakfast, the Suburban Cities Association Public Issues
Committee meeting where they approved the. Reclaimed. Water
Comprehensive : Plan, the National League of Cities (NLC)
Congressional Conference and the NLC Energy, Environment and
Natural Resources Steering Committee meeting. Councilmember
Peloza announced that the Auburn International Farmers Market
representatives will be meeting with Sound Transit and `Metro
representatives to discuss removing bus traffic from the Sound
Transit plaza_ area during the Sunday's that the Farmers Market is
held there.
Councilmember Haugen reported that she attended the grand
opening for the Oddfellows Restaurant.
B. From the Mayor
Mayor Lewis reported that he sits as the Vice Chair of the caucus
for. the King County Regional Policy Committee, which will be
discussing the continuation of the veterans and human services
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City of Auburn Council Meeting Minutes March 21, 2011
levy. Mayor Lewis also reported on meetings of the Pierce County
Cities ~ and Towns, Valley : Regional Fire . Authority Board of
Governance meeting where he, is chair, and the South Correctional
Entity (SCORE) Board meeting. .
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 March 7, 2011 regular City Council
meeting.
B. Vouchers
F4.9.2, F4.9.5
1. Claims
Claims check numbers 402573 'through 402985 in the
amount -of $4,605,532.41 and .two wire transfers in the
amount of $284,608.70 and dated March 21, 2011.
2. Payroll
Payroll check numbers 530966 to 531042 in the amount of
$796;848.40 and- electronic deposit ''transmissions in, the
'amount of $1,098,883.14 for a, grand total of $1,895,731.54
for the pay period covering March 3, 2011 . to March 16,
2011.
C. Contract Administration
1. Public Works Project No..C207A
04.9.1 C207A
City Council agree not to apply a street payback to King
County Parcel # 112104-9020 owned. by George 'R and
Charles M. Lyden for City improvements. to be constructed
by the A :Street NW Extension Project- (C207A).
2. Public. Works Project No. CP0701
04.10.2 CP0701
City Council approve Change Order No. 2 in the amount of
$291169.21 to Contract 10-04 with Totem Electric -of
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City of Auburn Council Meeting Minutes March 21, 2011
Tacoma, Inc. for work on Project No. CP0701, 8t' St NE and
R St NE Signal Project.
D. Water Leak Adjustment Appeal
F4.5.2
City Council approve an additional water utility adjustment to
account number 006230, for Guadalupe- Garcia; in the amount of
$782.77.
Councilmember . Wagner moved and Councilmember Backus
seconded to approve-the Consent Agenda.
Councilmember Haugen questioned claims voucher 402759 for
Jillian Enterprises, particularly the property taxes for the theater.
Mayor Lewis explained that the lease. agreement for the theater
requires the City to pay the property taxes.. Councilmember
Backus added that paying the property taxes for the theater is an
annual payment, required by the lease agreement since its
execution; the .lease has- not be renegotiated since its initial
execution.
MOTION-CARRIED. 4-1. Councilmember Haugen voted. no.
VI. UNFINISHED BUSINESS
There was no unfinished business.
VII. NEW BUSINESS
There was no new business.
i VIII. ORDINANCES AND RESOLUTIONS
A. Ordinances
1. Ordinance No. 6341
F4.3
An Ordinance of the City Council of the City of Auburn,
Washington, amending Chapters 13.4.1, 19.02, 19.04, 19.06
and 19.08 of the Auburn. C.ity Code, regarding deferral of
utility systems development charges and impact fees
Councilmember Backus moved and Councilmember
Partridge seconded `to introduce and adopt Ordinance No.
6341.
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City of Auburn Council Meeting Minutes March 21, 2011
Councilmember Backus explained that Ordinance No. 6341
provides : for the deferral of impact fees and system
development charges.
MOTION CARRIED UNANIMOUSLY. 5-0.
2. Ordinance No. 6355
A3.13.4
An Ordinance of the City Council of the City of. Auburn,
Washington declaring .public "use and necessity regarding
the M Street Underpass Project, and authorizing
condemnation
Councilmember Wagner moved and Councilmember Peloza
seconded to introduce and. adopt Ordinance No. 6355.
Councilmember Wagner stated that the ordinance relates to
the last piece of property of approximately fifteen properties
needed for the M Street SE Underpass Project. -The project
cannot proceed-until all the right-of-way is secured. The
property owner has been unresponsive to the City's attempts
to negotiate a settlement for the property.
MOTION CARRIED. 4-1. Councilmember Haugen voted
no.
3. Ordinance No. 6357
01.8
An Ordinance of the City Council of the City of Auburn,
Washington, amending Section 9.02.110 of the Auburn City
Code providing for adoption by reference of all state gross
misdemeanor and '.misdemeanor crimes; as an emergency
ordinance
Councilmember, Backus moved and Councilmember Wagner
seconded to introduce and adopt Ordinance No. 6357.
MOTION CARRIED UNANIMOUSLY. 5-0.
B. Resolutions
1. Resolution No. 4677
04.93
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City of Auburn Council Meeting Minutes March 21, 2011
A Resolution of, the City Council of the. City of Auburn,
Washington, amending the 2011-2016. Six-Year
Transportation Improvement Program of the City of Auburn
pursuant to R.C.W. Chapter 35.77
Councilmember Wagner moved and Councilmember Peloza
seconded to adopt Resolution No. 4677.
Councilmember Wagner stated that the Resolution relates to
a project to - improve pedestrian and vehicle safety along
Auburn Way South from Fir Street SE to Hemlock Street SE.
It is a project that is partially funded by.the. Muckleshoot
Indian Tribe.
MOTION CARRIED UNANIMOUSLY. 5-0.
2. Resolution No. 4679
03.4.1.10, 04.8
A Resolution of the. City Council of the City of Auburn,
Washington,- approving the 2011 Stormwater Management
Program- and `authorizing the Mayor to .include a copy of the
Program in the National Pollutant Discharge Elimination.
System Western Washington Phase II Municipal Stormwater
permit Annual Report . for 2010 to the Washington State
Department of Ecology
Councilmember Wagner moved and Councilmember Peloza
seconded to adopt Resolution No..4679..
Councilmember Wagner. explained that, the. Stormwater
Management Program is required ' as part of the City's
National Pollutant Discharge Elimination System. (NPDES)
Permit.
MOTION CARRIED UNANIMOUSLY. 5-0.
3. Resolution No. 4692
03.7.1
A Resolution of the City Council of the City of Auburn,
Washington, . amending Resolution No.. 4670 passed
December 20', 2010, relating to the standing committees of
the City Council of the City of Auburn
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City of Auburn Council Meeting Minutes March 21, 2011
Councilmember. Wagner moved and Councilmember Backus
seconded to adopt Resolution. No. 4692 revised to include
only Section 1 relating to.changes in committee membership
and deleting Sections 2 and' 3.
Councilmember Wagner explained that the Council
Operations Committee would like to continue discussions of
the Council Committee responsibilities at a later date.
MOTION CARRIED-UNANIMOUSLY. 5-0.
4. Resolution No.-4693
03:4.1.7,
A- Resolution of the City Council of the City of Auburn,
Washington, to accept the Consolidated Annual
Performance and, Evaluation Report (CAPER) for. the 2010
program year
Councilmember Backus moved and Councilmember
Partridge seconded to adopt Resolution No. 4693.
MOTION CARRIED UNANIMOUSLY. 5-0.
5. Resolution No. 4694
A3.12.1, F4.12
A Resolution of the City -Council of - the City of Auburn,
Authorizing the execution of a Settlement Agreement and
releases between the City of Auburn and Glacier Water LLC
to settle a lawsuit filed by Auburn against Glacier Water LLC
Councilmember Backus moved and Councilmember Wagner
seconded to adopt Resolution No. 4694.
Councilmember Backus explained that the Resolution
authorizes an agreement to settle a lawsuit filed by the City
against Glacier Water for off-duty police officer services that
were unpaid by Glacier. Off-duty police officer services -are
administered by the Police-Guild. The settlement agreement
provides for an, initial payment of $15,000 and two $5,000
subsequent . payments. If Glacier. Water defaults on the
agreement, the. City will pursue legal action to recover the
unpaid debt.
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City of Auburn Council Meeting Minutes _ March 21,201.1
In response to questions from Councilmember Haugen, City
Attorney Heid, explained the settlement:'offer was. proposed
by Glacier. Water.. Councilmember .Haugen' expressed
concern with `the amount owed -by Glacier Water.
MOTION CARRIED. 4-1. Councilmember Haugen voted
no.
IX. ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 8:54 p.m.
APPROVED THE DAY OF APRIL, 2011.
Peter B. Lewis, Mayor Danielle-Daskarn, City Clerk
City Council agendas. and minutes are available to the public at the City Clerk's
Office, on the City website, and via a-mail. _ Complete agenda packets are
available for review of the City Clerk's Office and 6t-the. Library.
Internet: hftp://www.auburnw.a,
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