HomeMy WebLinkAbout09-19-2011 c�,�roF: ��* .•� City Council Meeting
September 19, 2011 - 7:30 PM
Auburn City Hall
WAS H I NGTON MINUTES
L 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, Sue Singer, Nancy Backus, Bill Peloza,
Lynn Norman, Virginia Haugen, and John Partridge.
Directors and staff memberspresent: City Atto.mey Daniel B. Heid, Planning and
Development Director Kevin Snyder, Risk Manager Rob Roscoe, Pubiic Works
Director Dennis Dowdy;:Employee Relations and Compensation Manager John
Fletcher, Financial Planning Manager Martin Chaw, Police Commander Dave
Colglazier, Information_3ervices Director Lorrie Rempher, Economic Development
Planner Bill Thomas, Economic Development Manager poug Lein, Parks, Arts
and Recreation Director Daryl Faber, Financial Services Manager Rhonda Ewing,
and City Clerk Danielle Daskam.
C. Announcements, Appointments, and Presentations
There was no announcemerrt or presentation.
D. Agenda Modlfi.cations
There was no change to the agenda.
II. CITIZEN INPUT, PUBUC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. Moratorium - Collective Cannabis Gardens (Norman/Snyder)
City Council to conduct a public hea�ing to receive public input
regarding the establishment, operation, location, and licensing of
collective cannabis gardens in the City of Auburn
Director Snyder reported that Resolution No.4739 establishing a one year
moratorium ori the estabiishmerrt, operation, location and licensing of
collec[ive cannabis gardens was adopted on August 15, 2011. The public
hearing is being held in accordance with state law in order to receive public
comment.
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Mayor Lewis opened the public hearing at 7:32 p.m. No one in the audience
requested to speak, and the hearing was closed.
2. Transportation Benefit District Formation (Wagner/Dowdy)
City Council to conducf a public hearing to receive public input on the
formation of a Transportation Benefit District and to review the
advantages afforded by forming a Transportation Benefit District with
geog�aphical bounda�ies comprised of the corporate limits of the City
of Auburn
Pubiic Works Director powdy presented information related to the
establishment of a.Transportation Benefit District (TBD). He explained that
state law requires the Cityto conduct a public hearing before forming a TBD
and briefly reviewed the advarrtages of forming a TBD with geographical
bouncJaries comprised of the corporate limits of the city.
The City would haye considerable additional future funding options and
flexibility in finding Yesources to fund preservation of the arterial street
system. Specifically, the following benefits would be realized:
- Separate legal entiry
- Specific and narrowly defined charter
- Separate financing and taxing capaciiy
- Termination once the purpose for forming is satisfied and all debts paid
- Broad range of funding options under sfate law
- Flexibiiity in project management and resourcing
- Transparency in public policy and use of funding
Director powdy stated that Auburn's revenue challenges haye been similar to
many other Washington cities as transportation revenues have been reduced
in recerrt years by various citizen initiatives and new legislation.
The net effects of taxpayer initiatives on local transportation funding have
been dramatic. From 1999 to 2Q03,Aubum's annual average transportation
preservation budget was about$1.6 miliion: The average annual loss due to
initiatives over the same period was $825,000, representing about a 51
percent decrease in Aubum's arterial preservation funds. These revenue
restrictions have had, and will continue to have, a significant impact on the .
City's ability to maintain and preserve the City's 4ransportation infrastructure.
Even with adoption of the one percent utility tax to help offset some of these
revenue losses, the City now has only$1.5 million annually to spend on the
arterial system or about 30 percent of what should be invested.
With formation of the district, no particular funding resources are being
proposed at this time. The District would be subject to the requirements of
Chapter 36.73 RCW. State law requires that the City Council would be the
"goveming board" of the newly formed district.
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In response to questions from Councilmember Haugen, Director powdy
stated that 4here is no intent to disband the City's Save Our Streets Program
until such time as there are replacement revenues. Councilmembers will be
the TBD governing 6ody in accordance with state law.
Mayor Lewis poirrted out that a TBD allows for establishment of an advisory
group which would be comprised of citizens appointed by the Mayor and
confirmed by Council.
At 7:40 p.m., Mayor Lewis opened the publio hearing. No one in the
audience requested to speak, and the hearing was closed.
B. Audience Part(cipation
This is the place on the agenda where the public is invited to speak to rhe
City Council on any issue: Those wishing to speak are reminded ro sign in
on fhe form provided.
Frank Zaiud, 1123 4th Street NE, Aubum
Mr. Zalud spoke regarding the recent instailation by the post office of mailboxes
within his front yard without his knowledge . He thanked the city for issuing a stop
work order on the project.
Jili Jones, 1201 4th Street NE, Auburn
Ms. Jones also spoke in opposition to the post office installing large mailboxes in
front of her property withoutprior notificaUon. Ms. Jones spoke regarding the
historical nature of her home and the significant trees located in her front yard and
suggested anothec location might be more appropriate.
Eric Swanson, Operations Manager, Regional Animal Services of King County ,
21615 64th Avenue South, Kent
Mr. Swanson spoke on behalf of Regional Animal Services of King County and
reviewed challenges and difficulties that cities face with regard to animal care and
control services. Mr..Swanson stated that it is the belief of King County that
jurisdictions arebetter served by a regional animal care and control provider. Mr.
Swanson spoke regarding partnership services offered by King Courriy and their
endeavors to keep the eutlianasia rate low, provide animal control service twenty-
four hours per day, investigate animal cruelty cases, provide customer service and
animal care where animals can be claimed`at the sheiter seven days a week. Mr.
Swanson also spoke about measures to accomplish operation efficiencies. Mr.
Swanson urged the City Council to consider remaining with King County for
animal care services.
C. Correspondence
There was no correspondence for the Council's review.
III. COUNCIL COMMITTEE REPORTS
Page 3 of 12
A. Municipal Servlces
Chair Peloza reported the Municipal Services Committee met September 12,
2011. The Committee reviewed Project No.1110, the Jacobsen Tree Farm and
Fields Residerrtial Buildings Demolition Project. The Committee also reviewed
Resolution No. 4729 approving the formation ofrthe Community Connectivity
Consortium. The Committee discussed ResoluUon No. 4748, authorizing
an inferlocal agreement with the City of Pacific for information services
technology, animal services including the proposed agreement with the Auburn
Valley Humane Society, antl the Committee's matrix. The next regular meeting of
the Municipal Services Committee is scheduled forSeptember26, 2011 at 3:00
p.m.
B. Planning & Community Development
Chair Norman reported 4he Planning and Community Development Committee
met September 12, 201 t. The Committee reviewed Resolution No. 4733
authorizing an interagencyagreement with King County for the Fenster Levee
Final Design Project and Resolution No. 4751 expressing the Council's support for
the King County process for review of Pacific Raceways proposal. The
Committee also discussed Oriiinance No. 6376 relating to sales and use tax
refunds, cluster subdivisions, and the results of a recent meeting with
Muckleshoot Indian Tribe where items of mutual interest were discussed. The
next regular meeting of the Pianning and Community Development Committee is
scheduled for Septem6er 26, 2011 at 5:30 p.m.
C. Public Works
Chair Wagner reported the Public Works Committee met this afternoon at 3:30.
The Committee reviewed final pay estimate for Public Works Project No. CP0815,
the South 277th Street Reconstruction Project, Phase III, Mary Olson Farm
Materials Procurement, and`Ordinance No. 6377 establishing a Transportation
Benefit District within the.cityiimits of Aubum. The Committee also reviewed the
Capital Project Status Report. The next regular meeting of the Public Works
Committee is scheduled for October 3, 2011.
D. Flnance
Chair Backus reported the Finance Committee met this evening at 6:00. The
Committee reviewed ciaims and payroll vouchers, includingpayments made to
BRC, Inc., in the amount.of$186,000 for Project C201A a residential
building demolition project, Dieringer Schooi District in the amount of
$270,000, Johansen Excavation in the amourrt of$852,000 related to Project
CP1005 the South Promenade Project, Pease & Sons, Inc. in the amount of
$388,000 for Froject CP0817 the White River Pump Project, and SCORE in the
amount of$951,000. The Committee also reviewed Orclinance No. 6376 relating
to construction sales tax refunds, Resolution No. 4746 authorizing surplus of
unrepairable property items, and Resolution No. 4748 authorizing an interlocal
Agreement with the City of Pacific for information services technology. The
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Committee discussed Ordinance No. 6377 relaUng to the creation of a
TransportaUon Benefit District, Resolution No. 4751 expressing the Council's
suppor[for King County Ordinance No. 2011-0227 relating to Pacific Raceways,
and the July Financial Report. The next regular meeting of the Finance
Committee is scheduled for October 3, 2011 at 6:00 p.m.
E. Les Gove Communtty Campus
The Les Gove Community Campus Committee has not met since the last Cauncil
• meeting.
F. Downtown Redevelopment
Ttie Downtown Redevelopment Committee has not met since the last Council
meeting.
G. Council Operatlons Committee
The Council Operations Committee has not.met since the last Councii meeting.
IV. REPORTS
At this time the Mayor and City Council may report on significant items
associated with their appointed positions on siate, regional and local
organizations.
A. From the Council
Deputy Mayor Singer reported on her participation in a Puget Sound Regional
Council regional commiHee to set regional transportation priorities, the Regional
Economic Development Board meeting, and the grand opening ceremony for the
South Correction Entity (SCORE) detention facility.
Councilmember Wagner reported he attended the Regional Access Mobility
Partnership, a Pierce County transportation committee, where members
discussed the State Route 167 tolling study and the work of the Connecting
WashingtonTask Force. Councilmember Wagner also reported that he attended
a meeting with members of 4he Muckleshoot Indian Tribe Council.
Councilmember Partridge reported on attendarice at the See Ya Later Foundation
event. The See Ya Latec Foundation supports families with terminally ill family
members. Councilmember Partridge will also be participating in events with
members of the Valley Regional Fire Authority and Union Local No. 1352 to
raise funds for children of vic[ims of 9/11.
Councilmember Norman reported on her attendance at a meeting with members
of the Muckleshoot Indian Tri6e Gouncil, a joint meeting of the Puget Sound
Regional Council Growth Management Policy Committee and the Transportation
Prioritization Committee, the South Correctional Entity (SCORE) facility grand
opening, the 9/11 remembrance ceremony at the Auburn International Farmers
Market, and Triumph of fhe American Spirit concert held at the Performing Arts
Page 5 of 12
Center.
Counciimember Backus reported on her attendance at a meeting with members of
the Muckleshoot Indian Tribe Council and the dedication ceremony for the Valley
Regional Fire Authority Station No. 34 located on Lea Hiil. Councilmember
Backus expressed thanks to the Auburn Regional Medical Center for the care her
father received this past week.
Councilmember Peloza reported that he attended the National League of Cities
(NLC) meeting in New Orleans. Gouncilmember Peloza is a memberof
the National League of Cities Energy, Environmerrt and Natural Resources
Committee. Councilmember Peloza reported that while at the National League of
Cities he was able to secure the renewal of a NLC resotution relating to the
abatement of millfoil. Councilmember Peloza reminded that the Aubum
Intemational Farmers MarkeYs third season ends this weekend. Councilmember
Peioza also reported that he attended the Valley Regional FireAuthority's Station
34 dedication on Lea Hill.
Councilmember Haugen reported that she attended the 9/11 remembrance
ceremony at the Pertorming Arts Center.
B. From the Mayor
Mayor Lewis reported that much of his Iast week was spent in emergency
management and preparedness training thaYwas 000rdinated bythe Federal
Emergency Managemerit Administration (FEMA) to simulate a regional flooding
event. Mayor Lewis also reported on the recent South Correctional EMity
(SCORE) facility dedication;a meeting with members of the Muckleshoot Indian
Tribe Council where discussion included such topics as economic development,
safety improvements forState Route 164, fireworks, and transportation projects;
several neighborhood meetings, the 9/11 remembrance events at the Aubum
International Farmers Ma�4cet and the Performing Arts Center, meetings with King
County Animal Services and the Auburn Valley Humane Society, dedication of the
Valley Regional Fire Authority Station 34, and a party celebrating the 100th
birthday of the mother of Councilman Wagner, Elizabeth Johnson Wagner
Koehne.
V. CONSENT AGENDA
A. Minutes of the September 6, 2011 City Council Meeting
B. Payroll Vouchers (Backus/Coleman)
Payroll check numbers 532117 to 532193 in the amount of$822,373.66 and
elec[ronic deposit transmissions in the amount of$1,142,938.33 for a grand total
of$1,965,311.99 forthe pay period covering September 1, 2011 to September 14,
2011.
C. Public Works Project No. CP0815 (Wagner/Dowdy)
City Council approve Finai Pay Estimate No. 7 to Contract No. 09-15 in the
Page 6 of 12
amount of $0 and accept consfruction of ProjecY No. CP0815, S. 277th St.
Reconstruction'Project Phase III - Mary Olson,Farm - Materials
Procurement.
D. Call for Public Hearing (Backus/Coleman)
City Council to call fora public hearing to be held October 3, 2011 to
receive public comments and suggestions with regard to the proposed
modifications to the 2011-2012 Biennial Budget, including revenue
estimafes and possible increases in property taxes
Deputy Mayor Singer moved and Councilmember Wagner seconded to approve
the Consent Agenda.
Councilmember Haugen requested removal of the claims vouchers from the
Consent Agenda for consideration separately.
MOTION TO APPROVE THE CONSENT AGENDA, EXCEPTING THE CLAIMS
VOUCHERS, CARRIED UNANIMOUSLY. 7-0.
VI. UNFINISHED BUSINESS
A. Claims Vouchers
Claims check numbers 407350 through 407720 in the amount of
$5,911,428.33 and dated September 19;2011.
Deputy Mayor Singermoved and Councilmember Wagner seconded to approve
the claims vouchers.
Councilmember Haugen requested that the City change the format for payroll and
claims voucher sheets. Councilmember Haugen referred to an error she detected
in the claims vouchersheet.
Mayor Lewisresponded that the error referred to by Councilmember Haugen was
an error in the description and not in the amount paid.
Councilmember Backus explained that the claims vouchers report allows for a
forty character description of the voucher. The error referred to by
Councilmember Haugen was an error in the voucher description and not in the
payment. CouncilmemberBackus reported that the Finance Committee reviews
the vouchers extensively.
Deputy Mayor Singerpointed out that payroll vouchers are separate from claims
vouchers.
Counciimember Haugen stated that more transparency is needed for the salary of
the Mayor and the Coungil. Mayor Lewis respontled that the salaries of public
offiaals are pubiic record. All Councilmembers, with the exception of the Deputy
Mayor, currently receive the same salary.
Page 7 of 12
Councilmember Backus noted that some of the Counciimembers have signed
agreements to give backio the City two percent of their saiary in response to the
City's two percent reduction in employee salaries.
In response to Counciimember Haugen's further comments regarding Council
salaries, Mayor Lewis responded that there was never in effect an automatic pay
increase for Councilmembers;the Council salary is and has always been a set
amount
MOTION CARRIED UNANIMOUSLY. 7-0.
VII. NEW BUSINESS
There was no new business for Council review.
VII I. ORDINANCES
A. Ordinance No. 6376 (Norman/Snyder)
An Ordinance of the City Council of the City of Aubum, Washington,
repealing Section 3.60.039 of the Auburn City Code and creating a new
Section 3.60.036 of the Auburn City Code regarding construction sales tax
refunds
Councilmember Norman moved and Councilmember Backus seconded to
introduce and adopt Ordinance No. 6376.
Deputy Mayor Singer questioned the retum on investment and the expected
benefit of the ordinance. Planning and Development Director Snyder responded
the short term loss of potential sales tax revenue would be offset by the longer
ferm gain of attracting businesses that will generate sales tax revenue and
additional properry taxes fo�the City.
Economic Development Manager Lein reiterated that the short term loss of sales
tax revenue on construction vuould be offset by job creation and additional
properry taxes.
Councilmember Haugen spoke against the proposed ordinance.
Councilmember Backus stated that the Ciry has.very few tools to attract new
businesses and development to the City. The proposed ordinance is one of the
few ways that a Ciiy can provide an incentive to bring newbusinesses and
devetopment to the City.
Mayor Lewis emphasized that the proposed o[dinance refers to refunding of
construction sales tax. It is noYa refund of tax on sales; it is a refund of sales tax
on new construction.
Councilmember Norman spoke in favor of the ordinance to stimulate development
and redevelopment.
Page 8 of 12
MOTION CARRIED. 6-1. Councilmember Haugen voted no.
B. Ordinance No. 6377 (Wagner/Dowdy)
An Ordinance of the City Council of the City of Aubum, Washington,
establishing a Transportation Benef'i# Districtwithin the corporate limits of
the City of Aubum„specifying the maintenance and preservation of existing
transportation improvements, providing for additional transportation
improvements and creating a new Chapter 3.23 of the Aubum City Code
entitled ''Aubum Transportation Benefit DistricY'
Councilmember Wagner.moved and Councilmember Peloza seconded to
introduce and adopt Ordinance No. 6377.
Councilmember Wagnenspoke in favor of Ordinance No. 6377 noting a
Transportation Benefit District will provide addifional transparency relating to
arterial street cons4ruction and preservation and will institutionalize an advisory
committee.
MOTION CARRIED. 6-t. Councilmember Haugen voted no.
IX. RESOLUTIONS
A. Resolution No. 4729 (Peloza/Rempher)
A Resolution of the City Council of the City of Auburn, Washington,
approving the formation of the Community Connectivity Consortium, a
public corporation, authoriiing the Mayor and City Clerk to enter into an
lnterlocal Agreement establishing the Community Connectiviry Consortium
between the City and othe.r govemment agencies for the construction and
management of fiber opfic projects, and approving the charter of the
Community Connectivity Consortium
Councilmember Peloza moved and Deputy Mayor Singer seconded to adopt
Resolution No. 4729.
Councilmember Peloza stated that in 2009 the Council approved an interlocal
agreement with several c'ities to allow for jointly constructing and managing fiber
optic projects. To be more co.mpetitive in grant.applications and to better serve
the membership, the fomi of the organization has been changed to a public
corporation. Therefore, a new public corporation interlocal agreement is
necessary to establish a,governing board, provide joint ownership of fiber
resources, provide a framework for managemeM, and provide better protection to
the members.
MOTION CARRIED UNANIMOUSLY. 7-0.
B. Resolution No. 4746 (Backus/Rempher)
A Resolution of the Gity Council of the Ciiy of Aubum, Washington,
declaring certain ite.ms of property as surplus and authorizing their disposal
Page 9 of 12
CauncilmemberBackus moved and Councilmember Norman seconded to adopt
Resolution No. 4746.
MOTION CARRIED UNANIMOUSLY. 7-0.
C. Resolution No. 4747 (Peloza/Heineman)
A Resolution of the City Council of the City of Aubum, Washington,
authorizing the Mayor'and City Clerk to ezecute an Agreement between the
City of Auburn and Au6urn Valley Humane Society (AVHS) for animal
control services
Councilmember Peloza moved and Councilmember Partridge seconded to
adopt Resolution No. 4747.
Councilmember Peloza stated that the City currently contracts w'ith King County
Animal Controlfor animal services. The current contract expires December 31,
2012. The pursuit of a]ess expensive animal control service for the Auburn
community began nea�ly two years ago. Since that time, Counc'ilmember
Partridge and Mayor Lewis have taken the lead and engaged with the Aubum
Valley Humane.So.ciety.: Discussions with the Auburn Valley Humane Society
haye yieided good results, and the proposed contract with Auburn Vailey Humane
Society wiil'save the City over$250,000 annually in animal care services
beginning in 2013. Mr. Peloza noted that startup costs will include capital building
improvements. The Municipal Services Committee recommendsapproval of the
resolution.
Councilmember Haugen commended Councilmember Partridge and Human
Resources Director Heineman for their work on this subject.
Councilmember Partridge commended staff fortheir work on this endeavor. He
congratulated the citizens and business owners who donated their time and
efforts in pursuit of a solution to Auburn's need for improved animal care services.
He urged the Council's support of Resolution No. 4747.
Counciimember Norman noted staff was able to satisfactorily identify the source of
funding for the capital improvements and start up costs needed to contract animal
services with Auburn Valley Humane Society. Councilmember Norman also
stated thatsuccess not only depends on finances and budget, but on building a
viable partnership through �espectful communication.
Councilmember Wagnerspoke in favor of Resolution No. 4747 as it represerrts a
good financial decision for the City and a good quality of Iife decision for animals.
MOTION CARRIED UNANIMOUSLY. 7-0.
Mayor Lewis noted that fhe contract with King County for animal services
continues in effect through the end of the year 2012.
Page 10 of 12
D. Resolution No. 4748 (Backus/Rempher) �
A Resolution of the City Council of the City,of Auburn, Washington,
authorizing the Mayorand City Clerk to execute an Interlocal Agreement
between the City of Auburn and the City ofi Pacific for information services
technology
Councilmembec Backus moved and Councilmember Norman seconded to adopt
Resolution No. 4748.
Councilmember Backus explained that the resolution authorizes an interlocal
agreement with the City of Pacific for information services technology. The
interlocal agreement is a full cost recovery model.
MOTION CARRIED UNANIMOUSLY. 7-0.
E. Resolution No. 4751 (Norman/Snyder)
A Resolution of the City Council of the City of Aubum, Washington
expressing support for proposed King County Ordinance 2011-0227
regarding Pacific Raceways
Counciimember Norman moved and Councilmember Backus seconded to adopt
Resolution No. 475L
Councilmember Norman sfated the masterplan demonstration project should
provide concemed citizens and the owners with greater certainty over rules,
requirements and regutations, and more opportunity for citizen engagement and
input. Councilmem6er Norman noted scrivener'serror in fhe second paragraph
on page 2 of the document where the word "aileviate" should be replaced with
"address."
Councilmember Peloza thanked the owners o.f Pacific Raceways for bringing the
information to the last Gouncil Committee of the Whole meeting.
Councilmember Backus concurred with Councilmember Peloza. She noted that
Pacific Raceways has been a catatyst for ecoriomic development in the area for
over fifty years. Councilmember Backus,also noted that Resolution No. 4751
expresses the Council's support for King County's process forevaluating the
master planning process.
Councilmember Wagner reiterated that the resolution endorses the process and
not the plan, at this point.
Councilmember Haugen reported that she.received information earlier today
which leads her to belieVe that she should abstain from voting. City Attorney Heid
advised that the action before the Council is legislative and not quasi-judicial.
MOTION CARRIED UNANIMOUSLY. 7-0.
Page 11 of 12
X. EXECUTIVE SESSION
At 9:18 p.m., MayorLewis recessed the meeUng for a five minute recess and then to
executive session for five minutes in order to discuss pending or poterrtial litigation
pursuan4 to RCW 42.30:110(1.)(i). City Attorney Heid; Public Works Director powdy and
Financial Sewices Manager Rhonda Ewing were requested to attended the executive
session. Action is anticipated following the executive session.
At 926 p.m., Mayor Lewis reconvened the meeting
Ciry Attomey Heid read the tiUe of Resoiution No. 4752:
A Resolution of the City Council of the City of Auburn, Washingron, approving a
Settlemerrt Agreement wRh the Boeing Company for water supplied to Boeing Building
17-45
Counciimember Wagner moved and Councilmember Peloza seconded to
adopt Resolution No. 4752.
Iv10TION CARRIED UNANIMOUSLY. 7-0.
XI. ADJOURNMENT
There being no furtherbusiness to come before the Council, the meeting adjourned at
927 p.m.
APPROVED THE J'� DAY OF Q���`-� , 2011.
.,.,. Z � � �� ,'
Pe er B. Lewis, Mayor Danielle Daskam,City Clerk
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