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HomeMy WebLinkAbout03-21-2011 CITY OF * * CITY COUNCIL MEETING MINUTES * WASHINGTON MARCH 21, 2011 7:30 PM I. CALL TO ORDER A. Flag Salufe Mayor Peter B. tewis 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 Commandec Will Lathrop, - Cify Attomey 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 poug 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 Bums, Auburn Municipal Court Judge, reported on the activities of the Aubum Municipal Court. Judge Burns, in his fourteenth year as Aubum Municipal Court Judge, submitted a written report and commenfed on the highlights of'the court's activities. Page 1 Citv of Auburn Council Meetinst Minutes March 21, 2011 Judge Bums reported that the number of case filings leveled off last year, but the number of hearings continued to climb to nea"rly 35,000 hearings and fees . collected increased as well. The court has been able to maintain level of services although finro court clerk positions and a court commissioner position are vacant. Judge Bums also spoke regarding the activities of probation staff who supenrises 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 Bums spoke , regarding increasing the . efficiency of the Court including transitioning to a paperless court. Judge Bums thanked the Council for their support of the Court programs, He invifed the Councilmembers to visit the court and observe a court calendar. 2. Appointments a) Urban Tree Board City Councilto confirm the appointment of Jan Speer to the Urban Tree Board to fill an unexpired teRn expiring December 31, 2011. Councilmember Wagner moved'. and Councilmember 'Backus seconded fo confirm the appointment of Jan Speer to the Urban Tree Board. Page 2 Citv of Auburn Council Meetinu Minutes March 21. 3011 MOTION CARRIED UNANIMOUSLY. 5-0. b) Auburn Lodging Tax Advisory Cor~mittee City Council to confirm the appointment of Ronnie . Roberts to the Aubum Lodging Tax Advisory Committee for a term to expire December 31, 2013. , Councilmember Wagner moved and Councilmember Backus seconded to confrm the appoinfinent 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, PIJBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. StorQnwafer Manageanent Program 03.4.1.10, 04.8 City, Council fo 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 11, permit covers the discharges from Aubum'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 VNestern 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 Pu_blic Works and Planning and Community Development. Committees. Storm Drainage Engineer Carlaw noted thaf #he documentation available also includes the 2010 Annual', Report; which includes a public education . summary, a low impact development barriers document, and Page 3 , Citv ofAuburn Council Meetina Minutes March 21. 2011 a stormwater monitoring document. The Ciiy 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 concems in the vicinity of Clay and Western Streets. There being no further public comment, the hearing was closed. (See Item V111.8.2, Reso/ution No. 4679, for further acfion on , this item.) 2. 2010 Consolidated Annual Performance and EyaBuation Report (CAPER) 03.4.1.7 The CAPER is an overall review of housing and community development activities undertaken in Aubum during 2010. Its primary purpose is to inform the citizens of Aubum 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 Aubum where Federal Housing and Urban Developmenf 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 Page 4 Citv of Auburn Council Meetina Minutes March 21; 2011 7:54 p.m. No one present requested to speak regarding the CAPER; therefore the hearing was closed. (See Item V1I1.8.4, Resolution No. 4693, for further action on this item.) 3. Amendment to City of Auburn's 2011-2016 Siz 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 Aubum 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. Stafe law requires the City of Aubum 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 Improv„ement Program to add the Auburn Way South Corridor Improvements, Fir Street SE to Hemlock Sfreet 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. Page 5 Citv of Auburn Council Meetina Minutes March 21. 2011 (See Item VI11.8.1, Resolution No. 4677, for further action on this item.) B. AudBence Participation - This is the p/ace on the agenda where the public is invited to speak fo the City. Council on any issue. Those wishing to speak are reminded to sign in on the form provided. David P. Christie, 14029 370 Avenue NE, Seattle Mr. Christie urged the CounciPs support for reinstating the Glass- Steagall Act and ensure banking regulations that separate Wall. Street investment banks from depository banks. C. Correspondence There was no correspondence for Council review. III. COUNCIL COIIAMITTEE REPORTS A3J.6 A. IlAunicipal Services Chair Peloza reported, ttie Municipal Secvices CommitEee 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 Aubum 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 Cornmunity 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 Page 6 . Citv of Auburn Council Meetina 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 8th and R Street NE Signal Project. The Committee also held an executiye session regarding real esta#e 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 Aubum Way South and F Streef SE, eastbound 8"' 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 payroU vouchers, Ordinance No: 6357 amending Section 9.02.110 of the Aubum 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 Comrnunity CaQnpus Commattee 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 thaf 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 Page 7 Citv of Auburn Council Meetina 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 requestfor expression of interest concept for Aubum Junction. The next meeting of. the Downtown Redevelopment Committee is scheduled for April 12, 2011 at 4:00 p.m. G. Council Operafions Comonittee Chair Wagner reported the Council Operations Committee met March 8, 2011. The Com mittee recommended a change in membership for the Downtown Redevelopment Committee and a change in responsibilities.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 Ciiy Council may report on significant items associated with their. appointed positions on state, regional and local organizafions. A. From the Council Councilmember Wagner reporfed that he traveled to Washington State Universify with Planning and Development Director Snyder and Environmental Frotection 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 fnal presentation on the project on April 29 at Aubum 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 refreat. Page 8 . Citv of Auburn Council Meetinq Minutes March 21. 2011 Councilmember Partridge reported on his atkendance 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 coad improvements. Councilmember Partridge also reported on meetings with the Auburn Valley Humane Society and their . efforts to provide an altemative #or Auburn'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 Aubum, 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 Govemance meeting together with Mayor Lewis and Councilmembec Wagner. Councilmember Backus also participated as a judge for the Aubum 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 Iocation at First United Methodist Church. Councilmember Peloza reported that he attended fhe 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 Intemational 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 Restauranf. 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 Page 9 Citv of Aubum Council Meetinsi Minutes March 21, 2011 levy. Mayor Lewis also reported on meetings of the Pierce County Cfies 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. Manutes 1. NEinutes of the IYlarch 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 finro 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 04.0.1 c2oiA City Council agree not to apply a street payback #o King County Parcel # 112104-9020 owned by George H. and Charles, M. Lyden for City improvements to be consfructed 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 $29,169.21 to Contract 10-04 with Totem Electric of Page 10 Citv of Auburn Council Meetina Minutes March 21.2011 Tacoma, Inc. #or work on Project No. CP0701, 8' 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, particularfy the pcoperty taxes for the theater. Mayor Lewis explained #hat the lease agreement for the theater requires the City to pay the p"roperty faxes. Councilmember Backus added that paying the property taxes for the theater is an annual paymenf..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. VIII. ORDINANCES AND.RESOLiJTIONS A. Ordinances 1. Ordinance No. 6341 F4.3 : An. Ordinance of the City Council of the City of Auburn, : Washington, amending Chapters 13.41, 19.02, 19.,04, 49.06 and 19.08 of the Aubum City ,Code regarding deferral of utility sysfems development charges and' impact fees Councilmember Backus moved and Councilmember. Partridge seconded #o introduce and adopt Ordinance No. 6341. - Page 11 Citv of Auburn Council AAeetina 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 Aubum, 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 #or 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 Aubum 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 04.9.3 . Page 12 CiN of Auburn Council Meetina Minutes March 21. 2011 . A Resolution of,the Gity Council of the City of Aubum, Washington, amending the 2011-2016 Six-Year Transportation Improvement Program of the City of Aubum 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. 1 It is a project that is partially funded by the Muckleshoot Indian Tribe. MOTFON CARRIED UNANIMOUSLY. 5-0. 2. Resolution Na 4679 03.4.1.10; 04.8 A Resolution of the City Council of the City of Aubum, 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 Depaitment 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 #he City Council of the City of Aubum, Washington, amending Resolution No.. 4670 passed December 20, 2010, relating to #he standing committees of the City Council of the City of Auburn Page 13 Citv of Auburn Council Meetina 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 Aubum, Washington, to accept the Consolidated Annual Peiformance 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 Aubum and Glacier Water LLC to settle a lawsuit filed by Aubum against Glacier Water LLC Councilmember Backus moved and Councilmember Wagner seconded to adopt Resolution No. 4694. Councilmember Backus explained that the Res.olution authorizes an agreement to settle a lawsuit filed by the City , aga'inst Glacier Water for off-duty police officer senrices that were unpaid by Glacier. Off-dufy police offlcer 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: Page 14 Citv of Auburn Council Meetina Minutes . March 21, 2011 in response to questions from Councilmember Haugen, City Attomey 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 Thece being no further business to come before the Council, the meeting adjourned at 8:54 p.m, Y AP - D THE DAY OF APRIL, 2011. Peter B. Lewis, Mayor - Danielle Daskam, Cify Clerk City Council agendas and minutes are availab/e to the public at the Ciiy C/erk's Office, on the City website, and via e-mail. Complete agenda packets are available for review af the City Clerk's Office and at the Library. Internet: http://www.aubumwa.gov ; Page 15