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HomeMy WebLinkAbout06-06-2011 City Council Meeting crnr oFw. . June 6, 2011 - 7:30 PM ~ Auburn City Hall ~ w1A3NINGT4N; IIAlNUTES 1. CALL TO ORDER A. Flag SaGute 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: Sue Singer, Nancy Backus, Bill Peloza, Lynn Norman, ' ' Virginia Haugen, and John Partridge. Councilmember Rich Wagner was excused. - Directors and staff: rnembers present: City Attomey Daniel B. Heid, Public Works Direetor Dennis Dowdy; Assistant Police Chief Bill Pierson, Human Resources and Property/Risk-Management Director Brenda Heineman, Recreation Manager ; Brian 'Petty,'Planning and Development Director Kevin Snyder, Finance Director Shelley Coleman, Economic Development Manager poug Lein, Community Services Manager Michael Hursh, Government Relations Manager Carolyn Robertson, and City Clerk Danielle Daskam. + C. Announcements, Appointments, and Presentations 1. Proclamation - KidsDay Mayor Lewis read and presented a proclamation declaring June 24, 2011 as , KidsDay. in the city of Auburn to Recreation Manager Brian Petty. Mayor Lewis urged all to support and maintain playspaces and playgrounds for the well-being of this and future generations. Recreation: Manager Brian. Petty announced that KidsDay will be held at Les Gove Park, "the location for the Discovery Playground and the Rotary Spray Park. This is the second year KidsDay will be held at Les Gove Park; the event was held for several years at Game Farm Fark. Recreation Manager Petty thanked the Mayor and Council for their support of KidsDay. , 2. Recognition of Auburn School District's DECA Students Mayor Lewis recognized three students from Auburn Mountainview High School, Heather O`Dell, Scott Ohashi, and Nichola Usher, who are members of DECA Club. The students started a project iast year to bring awareness to diabetes and to promote a more healthy lifestyle and healthy eating Page 1 of 11 , habits. Their project included working with local restaurants to provide additional menu options and dietary information on menus. Mayor Lewis presented the students with certificates of achievement in honor of their accomplishments, including placing among the top eighteen clubs at the Intemational DECA competition in Orlando, Florida. Heather . O'Dell and Nichola Usher were present to accept the certificates and briefly spoke regarding the activities they coordinated at their school and in the . community to bring more awareness to Type 1 and Type 2 diabetes. - ' Miss O'Dell and Miss Usher thanked their DECA teach, Derik Enz, for his leadership. 3. 2011 Legislative Wrap Up Government Relations Manager Robertson presented an update of the City's 2011 legislative agenda. As a result of the legislature's latest session: Sales tax mitigation funding will be reduced by approximately 3.4 percent. ' Cities will now be required to pay for ifs officers to attend the Criminal Justice Training Centec and provide their own ammunition. This year, the proposal for a Street U#ility was passed out of the House Transportation Comm'ittee, but lacked the votes to pass during the legislative session. The City's efforts to locate an Amtrak stop in Auburn moved one step closer. The Department of Transportation provided the City with a draft marketing . study for comment. Green River cities worked with King County to, secure $4.6 million in levee repair and maintenance funding from the State of which $1.6 million is dedicated to the Reddington levee. The City secured $6.8 million from the Public Works Trust Fund for the M Street SE Underpass Project. Additionally, the City secured $6 million from the Freight Mobility Strategie Investment Board (FMSIB) for the M Street SE, Underpass Project. The City secured $316,000 from the Buildings and Communities Fund for the Auburn teen center and gymnasium. The City also received approximately $200,000 for two smaller projects. The Legislature passed a bill to allow the use of firearms noise suppressors. The ability to use noise suppressors for police target practice will minimize on-the-job hearing loss. Page 2 of 11 D. Agenda Modifications There was no change to the agenda. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Public Hearing - interim Zoning Controls (NormaNSnyder) City Council to conduct a hearing on interim zoning controls pertaining to the allowance, dimensions-and location of real estate signs not currently permitted by existing sign regulations in the public right-of-way or on private - property pertaining to the sale, lease or rent of residential and non- residential development properties. On April 18, 2011, the City Council adopted Ordinance No. 6360 establishing the interim zoning control and setting today's date for the required public hearing. Planning and Development Director Snyder reported the Council passed Ordinance No. 6360, interim zoning control, with the intent that the interim zoning controls would be in effect for a year. The interim zoning controls relate to signage regulations for temporary off-premise real estate signs. A public hearing on the interim zoning controls is required by state statute: Mayor Lewis opened the public hearing at 8:00 p.m. No one in the audience -cequesfed to speak, and Mayor Lewis closed the hearing. 2. Public Hearing - Moratorium on Medical Marijaana Dispensaries (Norm an/S nyder/Heid) . City Council to conduct a public hearing on the initial one year moratorium on the acceptance of applications for licenses, permits and approvals for medical marijuana dispensaries in all zoning d'istricts in the city of Auburn. Planning.and Development Director Snyder-stated that on May 2, 2011, City Council passed Resolution No. 4701 establishing a one-year moratorium on medical marijuana dispensaries: The recent passage of state legislation. relating to medical marijuana dispensaries has created uncertainty at the local level of how the implementation of the legislation will occur. Staff believes the moratorium is warranted to allow time to fully consider all options and alternatives for regulations pertaining to medical marijuana dispensaries. Mayor Lewis opened the public hearing at 8:02 p.m. No one in the audience requested to speak, and Mayor Lewis closed the public hearing. 3. Public Hearing - Amendment to 2010 and 2011 CDBG Annual Action , Plans (Norman/Hursh) City Council to conduct a hearing on the proposed amendment to its Community Development Block Grant (CDBG) 2010 and 2011 Annual Action Plans. The process for a substantial amentlment is required by the U.S. Department of Housing and Urban Development (HUD) and the City's Page 3 of 11 Consolidated Plan to reallocate funds from abandoned or postponed projects. Community Services Manager Hursh presented information on the proposed substantial amendment to the Community Development Block Grant 2010 and 2011 Annual Action Plans. Mr. Hursh explained that there was funding that was planned for the debt service on the Community Center project; however, the project has not yet begun and the funding must be reallocated. The proposed use of the funds include $50,000 for improvements to Shaughnessy Park, $25,000 for a downtown business facade improvement program, and $175,000 for acquisition of property to assist Aubum Youth Resources in developing a-teen drop-in program. The City had received applications for and considered the projects at one time, but had to delay them in order to fund the debt service for the Community Center project. In response to questions from Councilmembers, Mr. Hursh confirmed that the reallocation has been reviewed by the Human Services Commission. The proposed projects are supplemental and do not replace any City programs. Mayor Lewis opened the public hearing at 8:09 p.m. No one in the audience requested to speaK, and the hearing was closed. B: Audience Participation This is the p/ace 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. , Leonard Couch, 1203 28thStreet SE, Auburn Mr. Couch spoke regarding graffiti problems he has endured on his property. The vandals have fagged his property four times. Mr. Couch also urged that the Coun'cil approve Save OurStreets funding for improvements to 28th Street SE. Tim Stark, 26834 15th Avenue South, Des Moines, WA Mr. Stark reported that he operates a business in Auburn offering unique and historical military collectibles. His business is operated in the attic of the Red Barn of Auburn. Mr. Stark stated that he and the store were subjected to unfair, intimidating and unreasonable treatment by the Planning and Development, Department. As a resulf of fire and code inspections, he was required to correct several code violations. One outstanding issue remains relating to the stairs. The City requires the replacement of the stairs with a ladder. The stairs are not used by the public, and due to a disability, Mr. Stark is unable to use a ladder. According to Mr. Stark, the Building Official has rejected Mr. Stark's proposed alternatives. Mayor Lewis indicated that Planning and Development Director Snyder is Page 4 of 11 investigating altematives for Mr. Stark. Andrew Primis, 2507 North Cheyenne, Tacoma, WA Mr. Primis spoke on behalf of the owners of Hinshaw's Honda, and urged the Council's approval of Hinshaw's leak adjustment that appears on this evening's agenda. C. Correspondence There was no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS ` A. Municipal Services Chair Peloza reported the Municipal Services Committee met May 23, 2011. The Committee reviewed Resolution No. 4709, authorizing an agreement among the cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac, and Tukwila relating to the investigation of criminal activities that may occur at the South Correctional Entity .(SCORE) jail facility, and Resolufion No. 4712 authorizing an interlocal agreement with the. State Department of Corrections (DOC). The Committee discussed Ordinance No. 6361 related to social card games, Ordinance No. 6364 related to parking, and Ordinance No. 6366 relating to the recoupment of law enforcement costs for responding to incidents involving intoxicated persons. Resolution No. 6364 and 6366 will be reviewed at the June 13th Committee meeting pending additional information. The Committee also received a presentation on the Police Chaplain's Program. The next regular meeting of the Municipal Services Committee is scheduled for June 13, 2011 at 3:30 p.m. B. Planning & Community Development Chair Norman reported the Planning and Community Development Committee met May 23, 2011. The Committee reviewed proposed amendments to the 2010 and 2011 Annual Action Plans and Ordinance No, 6363 approving zoning code amendments relating to agricultural enterprises on properties zoned Residential Conservancy. The' Committee also discussed Ordinance No. 6365 relating to electrical vehicle infrastructure, Phase II code update project, parking and design issues, downtown parking during construction of the promenade project, and parking in the downtown core. The next regular meeting of the Planning and Community Development Committee is scheduled forJune 13, 2011 at 5:00 p.m. C. Public Works Vice Chair Peloza -repo"rted the Public Works Committee met this afternoon at 3:30. The Committee approved contract administration items consisting of permission to advertise for Project No. C201 A, Residential Building Demolition, permission to advertise for Project No. CP1101, the 2011 Local Street,Pavement Preservation Project, and F.inal Pay Estimate and acceptance of Project No. CP1020, 2010 Signal Improvements. Vice Chair Peloza reported that Page 5 of 11 Project No. C201A, the Residential Building Demolition Project, provides for the . demolition of eight residences that the City has purchased and vacated for the M Street SE Underpas"s Project. Staff members have set a goal for the contractor to recycle up fo 75 percenf of the demolition materials. Much of the vegetation from the properties will be used for the project landscaping. The next regular meeting of the Public Works Committee is scheduled for June 20, 2011 at 3:30 , p.m. - D. Finance Chair Backus reported the Finance Committee met this evening at 6:00. The Committee reviewed claims and payroll vouchers. Chair Backus reported the claims vouchers included payables to the Department of Commerce for $865,000 representing repayment of the Public Works Trust Fund Loan, payment to Puget Sound Energy in the amount of $112,000 for energy costs for street lights and facilities for the months of Aptil and May, payment to the South Correctional Entity (SCORE) in the amount of $483,000 forjailing and sfartup costs, and payment to the Washington State Auditor in the amount of $23.,000 for annual audit fees for the month of April. The Committee also reviewed Ordinance No. - 6361 clarifying Ordinance No. 5250 relating to card games. Ordinance No. 6361 was not passed out of committee and may come forward at a future meeting. The Committee also discussed Resolution No. 4709 authorizing an agreement among the SCORE cities, Resolution No. 4710 amending the Community Development Bloek Grant Annual Action Plans, Resolution No. 4712 authoriz'ing an agreement with the Washington State Department of Corrections, and two requests for utility leak adjustments. The next regular meeting of the Finance Committee is scheduled for June 20, 2011 at 6:00 p.m. E. Les Gove Community Campus The Les Gove Community Campus Committee has not met since the last Council meeting: _ F: . Downtown Redevelopment Chair Norman reported the Downtown Redevelopment Committee met May 24, 2011. The Committee reviewed proposed projects for expending the remaining balance of the Local Revitalization Funding. The Committee also conducted a walking tour through the downtown area for possible locations for pedestrian kiosks. The Committee also discussed projecf signage for the South Division Street Promenade Project. The next regular meeting of the Downtown Redevelopment Committee is scheduled for June 14, 2011 at 4:00 p.m. G. Council Operations Committee The Council Operations Committee has not met since the last Council meeting. IV. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on state, regional and /oca/ organizations. Page 6 of 11 A. Froon the Council Deputy Mayor Singer reported that she attended the general assembly meeting for the Puget Sound Regional Coancil where the membership voted to elect , Kitsap Counfy Commissioner Josh Brown President and Pierce County Executive Pat McCarthy Vice-President. Councilmember Partridge reported that he attended several meetings of the Auburn Valley Humane Society, which included presentations from the City regarding the status of the City's review ofithe proposed partnership agreement, presentation of a promotional banner created by Mike Harbin, discussions with representatives of the Auburn International Farmers Market, and discussions with members of the Riverside High School career and technical education team on how they could contribute to the Society's marketing plan. , Councilmember Partridge also reported on his attendance at the Import/Export Forum, the Auburn School District Career and Technical Education Program Advisory Committee, Petpalooza, the Lions Club Old Soldiers Cemetery Cleanup, Lions Club White Cane Days, and the Regional Law, Safety and Justice , Committee meeting. Councilmember Norman reported she attended the Empty Bowl fund raising event to benefit the Auburn Food Bank, the employee luncheon, the Plaza Park dedication, and a meeting with Gil Kerlikowske, Director of the White House National Drug Control Policy and former Seattle Police Chief, at Pediatric Interim Care in Kent, a facility that cares for drug addicted babies. Councilmember Backus reported that she attended the employee luncheon, the Plaza Park dedication, Petpalooza, Memorial Day services, the Miss Washington Outsfanding Teen Pageant where Auburn's representative placed third in the ' state, Mosby Farms events, and the bicycle safety fair. Councilmember Backus thanked Councilmember Norman for her years of service and dedication as the Director of the South Puget Sound Leadership Institute. Upon the graduation of the Institute's latest class on June 8th, Councilmember Norman will be retiring as Director of the Institute. Councilmember Peloza reported meeting with representatives of Metro and Sound l'ransit regarding vacating buses from the Auburn transit center roadway during Auburn International Farmers Market days. The removal of the buses from the tra. nsit roadway will allow for improved safety at the market and expansion of vendors. Councilmember Peloza_ also reported on meetings of ' the Auburn Airport Advisory Board, the Lower Green Subcommittee, and the King County Water Pollution Abatement Committee where one of the subjects of discussion was combined sewerovertlow. Councilmember Peloza also reported that he attended Memorial Day services as Commander of Veterans of Foreign Wars (VFW) Post 1741: Councilmember Peloza noted the passing of long-time VFW member Matt Fioretti. Page 7 of 11 Councilmember Haugen reported that she attended Memorial Day ceremonies, - and thanked Councilmember Peloza for his work on behalf of veterans. Councilmember Haugen also spoke regarding police presence in the south end of the city and on Lea Hill. Councilmember Haugen stated that she plans to attend KidsDay on June 24th. B. From the Mayor Mayor Lewis commented on the employee luncheon that i& held annually to recognize employees for their years of service and other accomplishments, including Employee of the Year. Mayor Lewis attended several Memorial Day events including speaking at the Buena Vista assembly, Memorial Day services at Mountain View Cemetery and Auburn Veterans Memorial Park, and dedication of the Veterans Building as the William "Bill" Warren Building. Mayor Lewis thanked the Councilmembers for their work on national, state, regional and local committees and organizations. V. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be ioutine and will be enacted by one motion in the form listed. A. Minutes of the May 16, 2011 City Council Meeting B. Claims Vouchers (Backus/Coleman) Claims check numbers 404412 through 404825 in the amount of $3,076,662.39 and dated June 6, 2011_ C. Payroll Vouchers (Backus/Coleman) Payroll check numbers 531415 to 531510 in the amount of $305,680.89 and , elecfronic deposit transmissions in the amount of $1,136,241.05 for a grand total of $1,441,921.94 for the pay period covering May 12, 2011 to June 1, 2011. D. Public Works Project No. C201 A(Wagner/Dowdy) City Council grant permission to advertise for bids for Project No. C201 A- Residential Buildings Demolition. E. Public Works Project No. CP1101 (Peloza/Dowdy) City Council grant permission to advertise for bids for Project No. CP1011, 2011. Local Street Pavement Preservation - Phase 1. F. Public Works Project No. CP0745 (Wagner/Dowdy) City Council approve Final Pay Estimate #5 to Contract 10-07 in the amount of $0.00, for a total contract price of $167,897.17, with Buckley Nursery Co., Inc. and _ accept construction of Project No. CP0745, White River Trail Extension G. Public Works Project No. CP1020 (Peloza/Dowdy) City Council approve Final Pay Estimate #2 to Limited Public Works Contract 10- 30 in the amount of $7,643.70, for a total contract price of $40,731.00, with Totem Electric of Tacoma, Inc. and accept construction of Project Number CP1020, 2010 Page 8 of 11 , Signallmprovements. H. Leak Adjustment Request (Wagner/Coleman) City Council approve a sewer utility adjustment to account number 019213, for Skills Inc., in the amount of $22,198:83. 1. Leak Adjustment Request (Wagner/Coleman) City Council approve a water and sewer utility adjustment to account number 019980, for Hinshaw's Honda in the amount of $1,072.15. Deputy Mayor Singer moved and Councilmember Backus seconded to approve the Consent Agenda. Councilmember Haugen stated that she is unhappy with approximately $4,775.35 in claims vouchers, but will vofe to approve the consent agenda. Councilmember Partridge inquired regarding Project C201A, Residential Building Demolition. Councilmember Partridge questioned whether property will be mainta.ined until the demolition project is undertaken. Mayor Lewis requested that staff inspect the properties and ensure that the vegetation is maintained. In response to a question from Councilmember Partridge, Finance Director Coleman explained thatthe utility leak adjustment policy allows for customers to appeal the leak adjustment to the Public V1lorks Committee, who then can recommend additional leak adjustment. The Skills, Inc. and Hinshaw's Honda leak adjustment requests included adjustments to sanitary sewer charges as it was determined that the water did not enter the sanifary sewer system. MOTION CARRIED UNANIMOUSLY. 6-0. VI. UNFIIVISHED BUSINESS There was no unfinished business. VII. NEW BUSINESS ~ There was no new business. VIII. ORDINANCES A. Ordinance No. 6361 (Backus/Heid) An Ordinance of the City of Auburn, Washington, amending Ordinance No. 5250, adopted June 21, 1999, prohibiting social card ga_ mes conducted as a commercial stimulant except for those esta6l.ishments currently licensed by the Washington State Gambling Commission and/or lawfully operating in the City as of June 7, 1999; establishing penalties for violations; and providing that the moratorium on social card games conducted as a commercial stimulant as established.under Ordinances 5249 and 5198 be terminated unless this ordinance is determined to be invalid or unenforceable for any reason Ordinance No. 6361 was removed from the agenda. Page 9 of 11 B. Ordinance No. 6363 (Norman/Snyder) _ An Ordinanee of the City Council of the City of Auburn, Washington, amending Title 18 of the Auburn City Code by creating new Sections 18,04.035, 18.04.036, 18.04.827, 18.04.894, 18.04.911 and 18.31.210, and amending Sections 18.07.020 and 18.56.030'relating to the establishment and regulation of agricultural enterprises Councilmember Norman moved and Councilmember Backus seconded to introduce and adopt Ordinance No. 6363. In response to a question from Councilmember Haugen, Planning and Development Director Snyder explained that the proposed amendments allow electronic signage on a limited basis in accordance with certain locational standards. The location of the signage will be geographically defined as an area situated along Highway 18. MOTION CARRIED UNANIMOUSLY. 6-0. . 1X. RESOLUTIONS - A. Resolution No. 4709 (Peloza/Lee)_ A Resolution of_ the City Council of the City of Aubum, Washington, authorizing the Mayor or designee to execute an Agreement between the cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila regarding investigative assistance at the SCORE detention facility Councilmember Peloza moved and Deputy Mayor Singer seconded to adopt Resolution No. 4709. MOTION CARRIED UNANIMOUSLY. 6-0. B. Resolution No. 4710 (Norman/Hursh) A Resolution of the City Council of the City of Auburn, Washington, relating to the amendment of the 2010 and 2011 Annual Action Plan Updates of the Consolidated Plan Councilmember Norman moved and Councilmember Backus seconded to adopt Resolution No. 4710: MOTION CARRIED UNANIMOUSLY. 6-0. C. Resolution No. 4712 (Peloza/Lee) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor or his designee to execute an Agreement between the City of Auburn and the Washington State Department of Corrections for services involving Department Community Correction Officers at the Auburn Justice Center Councilmember Peloza moved and Deputy Mayor Singer seconded to adopt Resolution No. 4712. Page 10 of 11 MOTION CARRIED. 5-1. Councilmember Haugen voted no. X. ADJOURNMENT At 9:16 p.m., Mayor Lewis adjourned the meeting to closed session pursuant to RCW 42.30:140(4)(b) to discuss collective bargaining strategy or position. Staff members required for the closed session were City Attorney Heid, Human Resources and Property/Risk Management Director Heineman, and Assistant Police Ghief Bill Pierson. , APPROVED THE 7w`-DAY OF JUNE, 2011. eter B. Lewis, Mayor Danielle Daskam, City Clerk Page 11 of 11