Loading...
HomeMy WebLinkAbout07-16-2012 * City Council Meeting A- NJuly 16, 2012 - 7:30 PM Auburn City Hall WASHINGTON; MINUTES I. CALL TO ORDER A. Flag Salute Mayor Lewis called the meeting to order and led those in attendance in the Pledge of Allegiance. B. Roll Call Councilmembers present: Rich Wagner, Nancy Backus, Bill Peloza, John Partridge, Largo Wales, Wayne Osborne and John Holman. Department directors and staff members present: Parks, Arts and Recreation Director Daryl Faber, City Attorney Daniel B. Heid, Planning and Development Director Kevin Snyder, Public Works Director Dennis Dowdy, Police Chief Bob Lee, Human Resources and Risk Management Director Brenda Heineman, Finance Director Shelley Coleman, Economic Development Manager Doug Lein, Municipal Court Judge Patrick Burns, and Deputy City Clerk Shawn Campbell. C Announcements, Appointments, and Presentations There were no announcements, appointments or presentations. D Agenda Modifications Agenda modifications included the removal of the property damage settlement from GEICO from the consent agenda and the addition of Public Works Project No. MS1110 and Public Works Project No. CP1210 to the consent agenda. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings No public hearing was scheduled for this evening. B. Audience Participation This is the place on the agenda when: 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. Virginia Haugen, 2503 R Street SE, Auburn WA Ms. Haugen thanked the City for the City sponsored events. Mayor Lewis recessed the meeting at 1:32 p.m. until Ms. Haugen returned the Page 1 of 13 microphone to the holder Mayor Lewis reconvened the meeting at 1:33 p.m. Robert Hamilton, PO Box 49, Buckley WA Mr Hamilton stated the County court plan would result in an additional cost of $255,000 per year and a reduction of 18 -21 employees. He requested the Council give the citizens all the additional facts and postpone the vote on the court for two weeks. Janet Chance, S 284th Place, Auburn Ms. Chance stated she had worked for two jurisdictions that had contracted the court services to their county She said both jurisdictions decided outsourcing the court services was a disservice to their city and the citizens. She urged the City to retain the current system. Kim Hunter, SE 284th Avenue, Auburn Ms. Hunter stated the City cannot put.a price on safety She complimented the court staff. She noted the City's probation department has not had a claim filed against it. She encouraged the Council to retain the Auburn Municipal Court. Dr Katherine Hunter, SE 284th Street, Auburn Ms. Hunter stated she feels the community spirit with the City of Auburn. She stated she has had patients with drug and alcohol problems receive help through the Auburn Municipal Court. Dr Hunter urged the Council to keep the current configuration for the Auburn Municipal Court. Mark Selberling, K Street SE, Auburn Mr Selberling questioned the elimination of current court system. He said the proposed savings is not worth the loss. He urged the Council to retain the Auburn Municipal Court. Tom Campbell, Hi-Crest Drive, Auburn Mr Campbell thanked Council for their time. He said this is a matter of values. He encouraged the Council to retain the current court configuration. He questioned the long-term control the City will have over the court if the court is outsourced to King County Daniel Constantine, SE 326th Street, Auburn Revered Constantine stated he is on probation currently with the Auburn Municipal Court. He said if the probation department were to be dissolved, he would be required to serve the remainder of his sentence in jail. He requested the City retain the current court system. Mike Weekly, 11th Street SE, Auburn Mr Weekly said the City will lose local control of the courts if they contract with King County He encouraged the Council to retain the Auburn Municipal Court. Constance Newcomb, I Street NE, Auburn Page 2 of 13 Ms. Newcomb has worked with high=risk youth for the past 40 years. She stated by making the offenders accountable the youths have a higher success rate than in other jurisdictions. She requested the Council retain the Auburn Municipal Court. Dawn Sarapina, 10th Street SE No. 4, Auburn Ms. Sarapina stated she is a domestic violence treatment provider She said the Auburn Municipal Court coordinates with the treatment providers extensively, where King County District Court does not. She requested the Council retain the Auburn Municipal Court. Matt Rusnak, M Street NE, Auburn Mr Rusnak stated he is the current Public Defender for the City of Auburn. He said one of the earmarks for a well-governed city is a court system with an elected presiding judge. He questioned the decisions of using the King County District court. He requested the Council share additional reasons for outsourcing the court to King County and to put the matter to a vote before the citizens of Auburn. Judge Corinna Harn, 401 5th Avenue, Seattle Judge Harn stated she is the Chief Presiding Judge for King County District Court. She thanked City officials and staff for the diligence they have put into the process. She stated the King County Court systems' focus is on public safety, fairness and access to justice. Audie Velez, 33rd Street SE, Auburn Mr Velez stated he has been robbed twice. He shared his concern regarding King County staff not having a connection with the city they are serving. He urged the City to keep the Auburn Municipal Court. April Starting, 52nd Avenue NE, Tacoma Ms. Sterling stated she had been on probation in King County for five years and during that time she continued to commit crimes. She added when she was required to go to drug and alcohol treatment.she was able to remain clean and sober and no longer commits crimes. She urged the Council to keep the current system to help the people of Auburn. Teresa Daniels, Tacoma Point Drive E, Lake Tapps Ms. Daniels said she understands budget constraints and would like to understand all the reasons the City is considering contracting the court services with King County She requested the Council look at other options before finalizing the King County district court contracts. Tara Stirling, Transitional Housing. Auburn Ms. Stirling stated the Auburn Municipal Court has helped her get into a recovery program. She urged the City to keep the Auburn Municipal Court. John Tones, Elizabeth Ave SE, Auburn Page 3of13 Mr Torres requested the City put outside counsel out to bid. He believes this would save the City money He added that offloading the court is bad government and bad policy He urged the Council to keep the Auburn Municipal Court. Deanna Shoemaker, I Street NE, Auburn Ms. Shoemaker said Judge Bums was the only Judge who held her accountable. She questioned the financial priorities of the City She urged the Council to keep the current structure of Auburn Municipal Court. Diane Carlson, 401 5th Avenue, Seattle King County Executive Office Director of Regional Initiatives Carlson thanked the Council for the opportunity to speak. She said the City has reviewed all materials very thoroughly and has been very transparent. She said one key priority for the County is to build and expand lasting regional partnerships. She said the Auburn citizens and King County residents would have the opportunity to have expanded court services in Auburn if the City joins the district court. Greg Bockh, SW 348th Place, Auburn Mr Bockh is an employee of the Auburn Municipal Court He said he does not understand the proposed change. He stated the crime rate in the City has dropped at almost twice the rate of that statewide. He encouraged the Council to consider other options besides outsourcing the Auburn Municipal Court. Karen Parker, E ST SE, Auburn Ms. Parker is a drug and alcohol treatment provider in the city of Auburn. She is unclear as to why the Council is considering this proposal. She asked for additional information and urged the Council to keep the Auburn Municipal Court. Angela Caron, SE 267th Place, Covington Ms. Caron said she is an employee of the Auburn Municipal Court. She-said there are hidden costs to the citizens of Auburn in the proposed change such as loss of revenue to the City and loss of safety for the citizens. She requested the City consider other options before outsourcing the Auburn Municipal Court. Jeannine Tompkins, I Street NE, Auburn Ms. Tompkins said she is a parent of a person who is currently on probation with the Auburn Municipal Court. She said the court has kept her child accountable and she appreciates the accessibility of the court staff and resources. Frank Lonergan, 3rd Street SE, Auburn Mr Lonergan said the Councilmembers who were recently elected ran on the promise that they would provide for the citizens. He questioned the Council's reasoning for considering King County District Court with the results the City has had in previous dealings with King County Charles Brank,16th Street, Sumner Mr Brank is a coordinator for an intervention program. He said he works with Page 4 of 13 several courts in the area. He stated the Auburn Municipal Court does the best job. He encouraged the Council to keep the Auburn Municipal Court. Judge Patrick Burns; Auburn Judge Bums stated the Auburn Municipal Court is a full service court. He stated the proposal provided by King County is for partial services. He said his staff could provide the limited services for less money if that is the direction the Council wished to proceed. He added the City has very little liability related to the probation department. He requested to opportunity to sit down and reach an agreement between the City and the Court. C Correspondence There was no correspondence for Council review III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Peloza reported the Municipal Services Committee meet on July 9, 2012. The Committee considered Resolution No. 4833 approving an interlocal agreement with King County for court services, Resolution No. 4834 leasing the court facilities to King County, Ordinance No. 6416 regarding collective gardens, Ordinance No. 6417 repealing the section of the Auburn Municipal Code regarding the municipal court. The committee also had presentations on the project status of the Auburn Valley Humane Society and towing services. The next regular meeting of the Municipal Services Committee is scheduled for July 23, 2012 at 3:30 p.m. B. Planning & Community Development Chair Backus reported the Planning and Community Development Committee meet on July 9, 2012. The Committee received a presentation on Downtown parking. She said during certain times of the day it is perceived the City needs additional parking in the downtown area. The Committee also reviewed Resolution No. 4831 setting a public hearing for the 2012-2017 Transportation Improvement Plan, Ordinance No. 6408 related to architectural and site design standards, Resolution No. 4832 adopting the 2012-2017 Transportation Improvement Plan, Resolution No. 4836 approving a property exchange for the Auburn Environmental Park, Ordinance No. 6416 regarding collective gardens, Ordinance No. 6419 concerning zoning amendments relating to land adjustments and divisions, Ordinance No. 6420 relating to school impact fees, and Ordinance No. 6414 relating to the installation of City-owned conduit. She stated during the directors report Director Snyder announced Building Official Rick Hopkins has resigned and has taken a position with Piece County She noted the sculpture garden request for bids has been published. The next regular meeting of the Planning and Community Development Committee is scheduled for July 23, 2012 at 5:00 p.m. C Public Works Chair Wagner reported the Public Works Committee met this afternoon at 3:30. Page 5 of 13 The committee approved two items for Council consideration: Public Works Project No. CP1108 rejecting all bids on the storm pond cleaning and Public Works Project No. 1006 final pay estimate of the Lakeland Hill Reservoir 6. He said the Committee considered Resolution No. 4840 relating to the removal of the flood control barriers, Resolution No. 4837 modifying the Community Center art project, Ordinance No's.6418, 6419, 6420 relating to planning, Ordinance No. 6414 relating to the installation of City-owned conduit, Resolution No. 4835 relating to financing for the Community Center, Resolution No. 4836 relating to the Auburn Erivirohmental Park phase two property transfers. He said the Committee also discussed the 2012 arterial crack seal project and received an update on the M Street improvements. The next regular meeting of the Public Works Committee is August 6, 2012 at 3:30 p.m. D Finance Chair Partridge reported the Finance Committee met his evening at 5:30. The Committee reviewed claims vouchers in the amount of$3.4 million and payroll vouchers in the amount of$2.1 million. The committee requested additional information from risk management regarding a property damage release. The Committee reviewed the May 2012 financial report, Ordinance No. 6417, Resolution No's. 4833 and 4834 relating to the Auburn Municipal Court and Resolution No. 4840 relating to the removal of the flood control barriers. The next regular meeting of the Finance Committee is scheduled for August 6, 2012 at 5:30 p.m. E. Les Gove Community Campus Chair Wagner reported the Les Gove Community Campus Committee met on July 11, 2012. The Committee discussed Resolution No. 4837 regarding a public art contract with Virginia Paqeutte and Resolution No. 4835 regarding a non-proft facilitator services contract with the National Development Council for the Community Center The committee also discussed the need to be more involved in planning for the neighborhood adjacent to Les Gove Community Campus. F Council Operations Committee The next meeting of the Council Operations Committee is scheduled for August 6, 2012 at 5:00 p.m. IV 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 of the July 2, 2012 Regular Meeting B. Minutes of the July 10, 2012 Special Meeting C Claims Vouchers (Partridge/Coleman) Claims check numbers 415142 through 415530 in the amount of $3,435,856.05 and dated July 16, 2012. Page 6 of 13 D Payroll Vouchers (Partridge/Coleman) Payroll check numbers 533053 through 533087 in the amount of $903,077 01 and electronic deposit transmissions in the amount of $1,200,895.91 for a grand total of$2,103,972.92 for the period covering June 28, 2012 to July 11, 2012. E. Public Works Project No. CP1006 (Wagner/Dowdy) City Council approve Final Pay Estimate No. 14 to Contract No. 11-05 in the amount of$7,27104 and accept construction of Project No. CPI 006, Lakeland Hills Reservoir 6 F Public Works Project No. CP1108 (Wagner/Dowdy) City Council approve rejecting all bids for Contract No. 11-14 for Project No. CP1108, 2011 Citywide Storm Pond Cleaning G. Public Works Project No. MS 1110 H. Public Works Project No. CP1210 Deputy Mayor Backus moved and Councilmember Wagner seconded to approve the Consent Agenda. The Consent agenda includes minutes, claims and payroll vouchers, and public works projects. MOTION CARRIED UNANIMOUSLY 7-0 V UNFINISHED BUSINESS There was no unfinished business. VI. NEW BUSINESS There was no new business. VII. ORDINANCES A. Ordinance No. 6408 (Backus/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 18.31.200 of the Auburn City Code relating to administration of architectural and site design review standards Deputy Mayor Backus moved and Councilmember Partridge seconded to approve Ordinance No. 6408 The Ordinance amends the Zoning Code Section 18.31.200 related to architectural and site design standards. MOTION CARRIED UNANIMOUSLY 7-0 Page 7 of 13 B. Ordinance No. 6414 (Backus/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 12.64A.030 of the Auburn City Code and creating a Section 13.40.040 and a new Chapter 17.28 of the Auburn City Code, relating to the installation of City-owned improvements Deputy Mayor Backus moved and CounciUnember Partridge seconded to approve Ordinance No. 6414 The Ordinance amends Section 12.64A.030 of the Auburn City Code and creates a new Chapter 17.28 relating to the installation of City-owned conduit. MOTION CARRIED UNANIMOUSLY 7-0 C Ordinance No. 6416 (Backus/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, creating a Section 1.04.060 of the Auburn City Code and amending Section 18.02.020 of the Auburn City Code, relating to conflicts with State or Federal law and Engrossed Second Substitute Senate Bill 5073 regarding medical cannabis collective gardens and medical cannabis dispensaries Deputy Mayor Backus moved and Councilmember Partridge seconded to approve Ordinance No. 6416 The Ordinance will remove the City from conflict between the Federal law and State law regarding marijuana being a class one drug. MOTION CARRIED UNANIMOUSLY 7-0 D Ordinance No. 6417 (Peloza/Coleman) An Ordinance of the City Council of the City of Auburn, Washington, repealing Chapter 2.14 of the Auburn City Code relating to Municipal Court System Councilmember Peloza moved and Councilmember Osborne seconded to approve Ordinance No. 6417 Councilmember Partridge moved and Councilmember Osborne seconded to postpone the ordinance to the meeting following one-year's time. Councilmember Partridge stated Judge Bums had presented a proposal that may be a better option than outsourcing the court services. The Council should give the court one year to prove their ability to make the changes. Councilmember Wagner said the Council has been focused on only the court, but Page 8 of 13 he believes the issue is the entire public safety system, which includes the court, police and probation. He believes the King County proposal will make the entire system more efficient. Councilmember Peloza thanked staff for laying out the proposal and data. He also thanked the citizens for sharing their thoughts. He added he believes it is time to make a decision. Deputy Mayor Backus expressed her appreciation for Judge Burns. She stated the issue is not the court budget. The issue is the cost of the SCORE facility, the probation department and other unforeseen costs. She added she believes the Council is doing what is best for the City 6s.a whole. Councilmember Holman said he believes the affected employees deserve a vote tonight. MOTION FAILED. 1-6Councilmember Partridge voted yes. Councilmember Peloza said he believes it is advantageous for the City to repeal Aubum Municipal Code 2.14. Councilmember Partridge stated his motion to postpone was to give Council the opportunity to analyze the data more thoroughly He implored the other Councilmembers to consider what the City will be giving up. Councilmember Holman said every community is affected by addiction. He feels a medical approach is the best solution to the problem. He noted there has been a reduction in crime across the state of Washington. He is unable to attribute the decline in crime rate in the City of Auburn to the Auburn Municipal Court. Fie said the City would have to reduce other basic services to fund a probation program that does not seem to have a direct impact on the crime rate. MOTION CARRIED. 6-1Councilmember Partridge voted no. City Attorney Heid requested an effective date. Mayor Lewis stated the staff will bring a date forward as soon as possible. E. Ordinance No. 6418 (Backus/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, amending Sections 17.09.035, 17.09.050, 17.09.070, 17.09.110, 17 10.020, 17 10.050 and 17 10.110 of the Auburn City Code relating to land adjustments and divisions Deputy Mayor Backus moved and Councilmember Partridge seconded to approve Ordinance No. 6418. The Ordinance clarifies regulations and amendments related to the recent changes in state law Page 9 of 13 MOTION CARRIED UNANIMOUSLY 7-0 F Ordinance No. 6419 (Backus/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, amending Sections 18.29.060, 18.29.070, 18.31.020, 18.31 120, 18.52.020 and 18.60.020 of the Auburn City Code as housekeeping measures Deputy Mayor Backus moved and Councilmember Partridge seconded to approve Ordinance No. 6419. The Ordinance updates the zoning code related to parking, landscaping and supplemental development standards of the Auburn City Code. MOTION CARRIED UNANIMOUSLY 7-0 G. Ordinance No. 6420 (Backus/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 19.02.050 of the Auburn City Code related to school impact fees Deputy Mayor Backus moved and Councilmember Partridge seconded to approve Ordinance No. 6420. The Ordinance changes the deadline of when school impact fee adjustment requests are due. MOTION CARRIED UNANIMOUSLY 7-0 VIII. RESOLUTIONS A. Resolution No. 4833 (Peloza/Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Interlocal Agreement between the City of Auburn and King County for District Court services Councilmember Peloia moved and Councilmember Osborn seconded to approve Resolution No. 4833. The Resolution authorizes an interlocal agreement with King Count for District Court services. Councilmember. Partridge stated he understand the need for a new court system. He added he will remain consistent with his votes. MOTION CARRIED. 6-1Councilmember Partridge voted no. Page 10 of 13 City Attorney Heid noted the interlocal will need to be in conjunction with Ordinance No. 6417 B. Resolution No. 4834 (Peloza/Coleman) A Resolution of the City Council of the City of.Aubum, Washington, authorizing the Mayor and City Clerk to execute a Lease Agreement between the City of Auburn and King County for District Court services in Auburn's court facilities Councilmember Peloza moved and Councilmember Osborne seconded to approve Resolution No. 4834. The Resolution authorizes a lease agreement with King County for Auburn's Court facilities. MOTION CARRIED 6-1 Councilmember Partridge voted no. C Resolution No. 4835 (Wagner/Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the negotiations and execution of a contract for non-profit facilitator services with the National Development Council for the Auburn Community Center at the Les Gove Community Campus Councilmember Wagner moved and Councilmember Peloza seconded to approve Resolution No. 4835. The Resolution allows the City to work with National Development Council. There will be no cost to the City until a lease is brought to the City by the contractor and approved by Council. Councilmember Partridge requested clarification on the execution portion of the document Mayor Lewis advised the Resolution authorizes an agreement to work with a non-profit organization that will review the contracts, cost breakdowns and funding options for the Community Center The agency can earn a fee two ways, if there is a loan transaction the non-profit will earn a fee of one percent(1%) and if there is a lease th at the Council approves. He added all options will require the items to come back before the City Council for approval. MOTION CARRIED UNANIMOUSLY 7-0 D Resolution No. 4836 (Backus/Snyder/Held/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute documents for the transfer and exchange of real property between the City and the Washington State Department of Transportation regarding Phase II of the Auburn Environmental Park Page 11 of 13 Deputy Mayor Backus moved and Councilmember Partridge seconded to approve Resolution No. 4836. The Resolution authorizes a transfer of property between the Department of Transportation and the City for the Auburn Environmental Park. MOTION CARRIED UNANIMOUSLY 7-0 E. Resolution No. 4837 (Wagner/Faber) A Resolution of the City Council of the City of Auburn, Washington, authorizing the modification of a contract previously authorized with the passage of Resolution No. 4406 with Virginia Paquette for public art at the Auburn Community Center at the Les Gove Community Campus Councilmember Wagner moved and Councilmember Wales seconded to approve Resolution No. 4837 The Resolution amends an existing agreement for the public art at the Auburn Community Center Councilrember Partridge asked what committees discussed this resolution. Councilmember Wagner stated it has gone to Art Commission, Public Art Committee and the Les Gove Community Campus Committee. MOTION CARRIED UNANIMOUSLY 7-0 F Resolution No. 4840 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to award the bid and execute an agreement with the lowest responsible bidder for construction of Public Works Contract Number 12-14 for Project EM0902, Flood Control Barrier Removal Councilmember Wagner moved and Councilmember Peloza seconded to approve Resolution No. 4840. The Resolution authorizes the removal of the flood control barriers. MOTION CARRIED UNANIMOUSLY 7-0 G. Resolution No. 4841 (Backus/Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to sign an amendment to the 1998 Interlocal Agreement with the Port of Seattle related to wetland mitigation Deputy Mayor Backus moved and Councilmember Partridge seconded to Page 12 of 13 approve Resolution No. 4841 The Resolution authorizes interiocal between the Port of Seattle to clarify the flood plain storage capacity MOTION CARRIED UNANIMOUSLY 7-0 IX. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council Upon agreement from the Council, there was no council report. B. From the Mayor Mayor Lewis commended the Council for their dedication and diligence in making a very difficult decision regarding the court. He also commended the citizens of the City of Auburn for their input and action during the meeting. X. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:40 p.m. APPROVED this 6th day of August, 2012. Peter B. Lewis, Mayor Shawn Campbell, Deputy City Clerk Page 13 of 13