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HomeMy WebLinkAbout04-15-198532 a ' Awr CITY OF AUBURN COUNCIL MEETING MINUTES April 15, 1985 7:30 p.m. CALL TO ORDER I. A. Flag Salute The regular meeting of the City of Auburn Council was called to order by Mayor Bob Roegner at 7:30 p.m. in the City of Auburn Council Chambers. Mayor Roegner led those in attendance in the pledge of allegiance. B. Roll Call Those in attendance included Mayor Bob Roegner, Council- members Burns, Colburn, Kurle, Larson, Walters, Whittall and Wisner; staff members Jack Bereiter, City Attorney; Len Chapman, Parks & Recreation Director; Dan Clements, Finance Director; Pat Dugan, Planning Director; Bob Johnson, Fire Chief; Coralee McConnehey, City Clerk; Marv Seabrands, Public Works Director; Gretel Sloan, Personnel Director; and Bill Stockham, Police Chief. C. Mayor's Announcements and Appointments Mayor Roegner read a proclamation declaring April 14 to 20, 1985, National Library Week. Sharon Stenerson, Librarian, Chinook Elementary, accepted the proclamation. D. Agenda Modifications included a correction to Item VII changing the wording from "Unclassified to R-4" to "Unclassified to R-2," and attaching a copy of Ordinance 4049. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE II. A. Public Hearings 1. Mike McHugh Preliminary Plat to be known as McHugh's First Addition located on the north side of 21st Street S.E. at "C" Street S.E. Robin Ordonez, representing Mr. McHugh indicated they concurred with the Planning Commission recommenda- tions. He reported their request to be able to move access within the interior lots was done to give them more flexibility and possibly eliminating the need for a fire hydrant. No one else spoke for or against the request. MOTION by Wisner, SECOND by Walters, to close the public hearing. MOTION CARRIED UNANIMOUSLY. Larson asked if the driveway on Lot 6 was a private driveway. Dugan indicated it was. , Wisner asked several questions about the storm drainage in the area. She wondered if the Public Works Department was satisfied this was not going to add to the problem in the area. Seabrands indicated it would not. -1- 33 AUBURN COUNCIL MINUTES PAGE TWO APRIL 15, 1985 II. A. Public Hearings (Cont.) 1. Mike McHugh Preliminary Plat (Cont.) MOTION by Wisner, SECOND by Burns, to approve the preliminary plat of McHugh's First Addition based upon the applicable Findings of Fact and Recommended Conditions as outlined and instruct the City Attorney to prepare the necessary Resolution. MOTION CARRIED UNANIMOUSLY. 2. Chapel Wood Baptist Church Conditional Use Permit to allow a 6,000 sq. ft. church building located on the west side of "L" Street N.E. between 22nd and 24th Streets N.E. No one spoke for or against the request. MOTION by Wisner, SECOND by Walters to close the public hearing. MOTION CARRIED UNANIMOUSLY. Wisner asked several questions related to the fire flow, drainage and access. Chief Johnson indicated a little more study would be necessary and they could be required to put in a fire hydrant. Seabrands responded to Wisner's questions about storm drainage indicating additional data from the owner would be required and if the drainage was not adequate they would have ' to connect to the storm drainage main. He also responded to her questions about adequate access reporting the mechanism of a street delay would be used to make sure access was up to standard. MOTION by Wisner, SECOND by Burns, to approve the Conditional Use Permit based upon the applicable Findings of Fact and Conditions as outlined and to instruct the City Attorney to prepare the necessary ordinance. MOTION CARRIED UNANIMOUSLY. 3. Seafirst Mortqaqe Corp. and Ch ship request for approval of a revision to a previously approved site plan and amendment of Ordinance 3910. Larry Wilson, one of the parties to the application, said they concurred with the recommendations. No one else spoke for or against the request. MOTION by Wisner, SECOND by Walters, to close the public hearing. MOTION CARRIED UNANIMOUSLY. Kurle wondered in the change from 104 to 103 lots how much the average square foot per lot would change. Dugan indicated it would be hard to figure since some would be longer and others would be wider. Dick Lowe, David Evans Associates, engineer for the project, added there would be less asphalt and more lawns. Wisner inquired about the elimination of the two streets and how it would affect access for fire equipment. Johnson reported the Fire marshal had ' indicated as long as the streets remaining were 28 feet wide and it was posted f ire lane there would be no problems. MOTION by Wisner, SECOND by Burns, to approve the revisions to the previously approved site plan and to amend Ordinance No. 3910. MOTION CARRIED UNANIMOUSLY. -2- 34 AUBURN COUNCIL MINUTES PAGE THREE APRIL 15, 1985 B. Audience Participation Fire Hydrant Ordinance Rich Wagner, asked the Council to review the ordinance which required fire hydrants within 600 feet of a resi- dence. He indicated it created a problem with people in rural areas. Dugan confirmed the problem surfaced with a short plat. In checking with the City Attorney they were given an opinion that the applicant must have access to a fire hydrant. Dugan added the ordinances were structured toward a City environment rather than a rural area. He felt if someone were developing a rural area this should be taken into consideration. Kurle asked Mr. Wagner if the ordinance was in effect when he built his home. Wagner indicated it was but he did not hear anything about it. MOTION by Wisner, SECOND by Walters, to refer this matter to the Planning & Community Development Committee. MOTION CARRIED UNANIMOUSLY. C. Correspondence - None COUNCIL COMMITTEE REPORTS III. A. Municipal Services - Chairman Kurle - Minutes are of public record. i Group W Rate Increase Kurle reported the Committee had examined the request in great detail. Some of the items of discussion were: (1) Group W progress on the rebuilding, or have they done what they said they were going to do. Kurle reported currently Group W has 19 channels even though two of them are character generator channels. He added the Committee felt it was probably one too many. (2) Complaints of at least one channel getting bad reception. He indicated this was a minus for Group W. (3) Group W's rate of return. Kurle stated even with a $2.00 increase Group W would have a negative return for some time. (4) Comparable rates and services with surround- ing areas. Kurle reported with the increase Auburn resi- dents would be paying more. He also noted with no Council action Group W could increase their basic rate 58. Also, Kurle noted that next year the City would lose any control of the rate structure. He said the Committee felt a compromise was a $1.50 rate increase. MOTION by Kurle, SECOND by Colburn, to grant Group W a rate increase in the amount of $1.50 per month to be effective sixty days from tonight. A number of the Council asked for clarification on the sixty day notice requirement. Kurle indicated it was his intent to have them not charge the customer for at least sixty days. Lloyd Marshall, attorney for Group W, stated they felt they had given notice last fall and especially since the issue was front page news the spirit of the sixty day notice had been accomplished. Kurle responded the original notice was for $1.00 and they considered this a separate request. Colburn added the first request for $1.00 was withdrawn then denied. He felt the $2.00 request was a new request. Sam Lloyd, Group W General Manager, stated that practically because of the cycle billing Group W would have to go retroactive or wait until July 1. He added he would prefer dealing with it going to 1 -3- 35 AUBURN COUNCIL MINUTES PAGE FOUR APRIL 15, 1985 III. A. Municipal Services (Cont.) cup W Rate Increase (Cont.) July 1. Larson suggested a compromise since he felt there were mistakes on both sides by making it effective April 1. Whittall said it was really academic since the sixty days was relative to when Group W gave notice not when the Council passed the ordinance. Bereiter indicated Whittall was correct. Walters asked how the increase related to the 58. Bereiter said he thought Group W was entitled to take the increase whether the City acts or not. Lloyd indicated it was Group W's intention to take the $1.50 increase and the 45 cents. Walters questioned how soon could Group W then take another 58. Bereiter indicated they could not increase it until next year. Lloyd reported it was not their intention to raise it next year. Walters wondered about raising the special channels. Lloyd said it was not their intention to raise them either. Walters also inquired about the special gadgets. Lloyd indicated it was not their intention to raise the cost of the remote control or other devices. Wisner asked if in effect Group W could raise their rate 58 or more. Lloyd indicated this was true. Marshall said he wanted to add something that was germaine to 'the discussion. He indicated that in Seattle Group W had given notice of a 58 increase so the figures before the Council on comparable rates would not reflect this. Burns asked why Lon Hurd, the City's consultant originally recommended $1.00 and now was recommending $2.00. Clements reported that additional information had been gathered and after review of it had changed his recommendation to $2.00. Kurle added Hurd's original recommendation was also based on 17 channels and the Committee would not address it until it was at least 20 channels. Burns indicated he still had some neighbors who were not hooked up. Kurle stated this was true; there were some areas which did not have service. Burns inquired further about the financial statement asking under which of the four categories of basic, pay, installation, and other the Sonics channel revenue was reported. Lloyd said the pay revenue was the area the premium channels were reported. Lloyd indicated the religious programming was part of the basic packet. Burns wondered about the income from solicitation. Lloyd reported Group W received absolutely no revenue from the solicitation. Burns also wondered about the difference in the financial projection categories of services and administration. Lloyd indicated the services category was the cost of buying the services and the administration category was the cost of doing business. Burns asked how much was ' going back to the parent company. Lloyd introduced his staff member George Nelson who reported Group W was actually receiving money from the parent company. Burns wondered if the interest figures shown in the report was the interest on the monies borrowed from the parent com- pany for the rebuild. Nelson indicated it was. Kurle read the report stated the parent company was charging about $20 per house per year. He said the Committee discussed this at great length. -4- 36 AUBURN COUNCIL MINUTES PAGE FIVE APRIL 15, 1985 III. A. Municipal Services (Cont.) Group W Rate Increase (Cont.) Walters said if the Council gave Group W a $1.50 rate increase by January it could go up to $2.60. Lloyd said that would be true if the Council went on the assumption Group W would make the additional increase. Walters added that even if the rates were increased $10.00 Group W would still not make a proper return of equity for their busi- ness. He felt Westinghouse obviously knew about this. Burns wondered if the Committee considered the $20 a reasonable charge. Kurle reported no one had the expertise to decide what Westinghouse could charge; however, the figures which were used were based on a reasonable return any company should make. Burns asked if a consultant could go back to the figures in West- inghouse. Kurle stated there was no way someone could audit Westinghouse's books. Burns wondered about the Touche Ross document and if 1982 was the most current information which could be obtained. Clements indicated the rate of return would not have changed that much. Burns asked that as an industry study 188 seemed pretty high for growth. Clements said there were two ways to look at it. Whether the subscriber growth was 38 or 158 Group W would still have a negative return for several years,. Whittall said he was taken aback with Group W's statement they were going to increase the rate another 58. He said they came out of the Committee meeting thinking Group W was not going to take another 58. He added the fourth item, the comparison with other cities, was what swayed the Committee. Whittall said his thinking now was to make the recommendation $1.00 since they were going to add 50 cents. He suggested giving some consideration to changing the recommendation to $1.00. Councilmembers Kurle, Wisner, Walters, Burns, Colburn and Whittall voted NO. Councilmember Larson voted YES. MOTION FAILED. MOTION by Kurle, SECOND by Colburn, to approve a $1.00 rate increase to Group W effective April 15. Walters suggested the recommendation be .50 cents. Kurle said no matter what the Council did they would lose control in 1987. Colburn said the consultant considered generated channels a channel. He reported reluctantly accepted this. Colburn stated understanding Group W would not add the added there was not control over the progr Councilmembers Burns and Walters voted CARRIED. the character the Committee it was also his 58 in 1985. He imming now. NO. MOTION B. Planning & Community Development - Chairman Linda Wisner - Minutes are of public record. MOTION by Wisner, SECOND by Walters, to approve a budget amendment to the 1985 budget for Library Services. Kurle said in the workshop about the Library there were several alternatives discussed; to do nothing, take some money from the budget or turn it over to King County. He said what came out of the workshop was to pump some money into the Library even though the Council had really not decided what to do. He reported the City had to keep a director no matter what the Council decided since the -5- 37 AUBURN COUNCIL MINUTES PAGE SIX APRIL 15, 1985 III. B. Planninq (Cont.) current director was retiring. He wondered if the com- puter would go to King County if the Council decided to to go that route. Dugan said the assets would be nego- tiated. Kurle wondered about the new director. Dugan said he was not sure what the County would do; however, the director could be fired or there could just be a change in ' duties. Kurle felt the proper course of action was for the Council to make the big decision first. Wisner said since 1981 she had been arguing for money for the Library; however, if the Council wanted to refer it to committee for possible alternatives, she would support it. Colburn expressed concern over how this action related to the ending cash balance. He said he was going to vote against this because of his concern over unbudgeted expenditures. Burns said he thought the Council had gone over this and the consensus at the workshop was to allocate these funds. Whittall said these items were included in the overall budget. Mayor Roegner confirmed this was true that these items had been set aside for future review. Colburn voted NO. MOTION CARRIED. C. Public Works - Chairman Bud Larson - Minutes are of public record. D. Finance - Chairman Gene Colburn - Minutes are of public record. CITIZEN INPUT IV. Citizen Input - None CONSENT AGENDA V. CONSENT AGENDA A. Minutes - April 1, 1985, Regular Meeting. B. Vouchers 1. Claims #14529-14740 in the amount of $972,197.94. 2. Payroll #106196-106506 in the amount of $364,213.51. C. Accounts Receivable Write-Offs of 69 delinquent utility accounts totaling $6,184.61 and authorization to turn these accounts over to Credit Service Bureau for collec- tion. D. Bid Calls 1. 1985 Centerline and Traffic Control Painting. 2. Library Roof Repair. E. Change order on Fire Station Construction for Gordon Korsmo Construction to build Maintenance Building at a cost of approximately $150,000. F. Bid Award for Capital Financing to Auburn Valley Bank for $134,500 in rolling stock on their low bid of 8.408 and First Interstate Bank in the amount of $173,100 for LID ' 334 on their low bid of 8.3758. G. Interfund Loan on LID 332 for $350,000, LID 333 for $5,000 and LID 334 for $1,000 to be loaned from Fund 323 at 9.508 until December 31, 1985. MOTION by Larson, SECOND by Wisner, to approve Consent Agenda Items A through G. MOTION CARRIED UNANIMOUSLY. -6- c a' 38 AUBURN COUNCIL MINUTES PAGE SEVEN APRIL 15, 1985 OLD BUSINESS VI. A. Group W Rate Increase Request. See Action under Item III A. NEW BUSINESS VII. Ordinances and Resolutions A. Ordinance 4044 - Grants Gravel Removal Special Property ' Use Permit to mine sand and gravel from property located on the west side of the West Valley Highway in the 2600 block. MOTION by Wisner, SECOND by Burns, to introduce and adopt Ordinance 4044. MOTION CARRIED UNANIMOUSLY. B. Ordinance 4045 - Amends Ordinance 3910 which provided for the rezoning of a parcel of land located on the south side of 29th Street S.E. in the 600-700 blocks, revising the site plan to make the project more marketable. MOTION by Wisner, SECOND by Burns, to introduce and adopt ordinance 4045. MOTION CARRIED UNANIMOUSLY. C. Ordinance 4046 - Provides for Mildred L. Brown rezone from Unclassified to R-2 property located on the west side of Auburn Way South in the 5800 block. MOTION by Wisner, SECOND by Larson, to introduce and adopt Ordinance 4046. Colburn and Whittall voted NO. MOTION CARRIED. D. Ordinance 4047 - Adds, amends, and repeals sections of Title 18 Zoning. MOTION by Wisner, SECOND by Larson, to introduce and adopt Ordinance 4047. Councilmembers Colburn and Kurle voted NO. MOTION CARRIED. E. Ordinance 4048 - Adds a new chapter to the the codified ordinances to be known as Chapter 18.06 Hearing Examiner. MOTION by Wisner, SECOND by Burns, to introduce and adopt ordinance 4048. Councilmembers Kurle and Colburn voted NO. MOTION CARRIED. F. Ordinance 4049 - Creates L.I.D. 334. MOTION by Larson, ' SECOND by Kurle, to introduce and adopt Ordinance 4049. MOTION CARRIED UNANIMOUSLY. G. Resolution 1582 - Authorizes the updated Affirmative Action Plan. MOTION by Colburn, SECOND by Larson, to adopt Resolution 1582. MOTION CARRIED UNANIMOUSLY. H. Resolution 1585 - Declares a moratorium on any zoning in the area tributary to the Auburn Way South trunk sewer main pending resolution of a sewer capacity problem. MOTION by Larson, SECOND by Kurle, to adopt Resolution 1585. Wisner suggested this resolution be referred to the Plan- ning and Community Development Committee for review. Whittall wondered if the August 1 review meant the Council would be going through the process again. Dugan indicated the reason for the August 1 date was the Environmental Impact Statement would be completed and more data would be available. Larson expressed concern about all the pending problems being further delayed. Dugan said this would at least forewarn people of the situation. Whittall asked Wisner what she wanted to do with this item in Committee. Wisner said she had some concerns with the ' capacity at this point only being 608. She felt she did not want to see people denied the right to come and even make a request. She said she thought there could be other wording. Whittall and Burns concurred with Wisner. Burns wondered what would happen if the resolution failed. The Mayor indicated the original resolution would still be in place. Bereiter added the original resolution did not address rezones. -7- 39 AUBURN COUNCIL MINUTES PAGE EIGHT APRIL 15, 1985 H. Resolution 1585 (Cont.) Larson said the current 60% capacity did not include those that could be added. If all those who had previously been given permission to connect came in it would put the main over capacity. Colburn indicated he supported Wisner because of the use of the word moritorium. n MOTION by Burns, SECOND by Colburn, to refer to the Plan- ning and Community Development Committee. Councilmembers Kurle and Walters voted NO. MOTION CARRIED. MAYOR'S REPORT VIII. MAYOR'S REPORT - None EXECUTIVE SESSION & ADJOURNMENT IX. EXECUTIVE SESSION & ADJOURNMENT - The regular meeting was adjourned to an executive session at 9:47 p.m. to discuss labor negotiations. Bob Roegner, Mayor L kw1a Coralee McConnehey, City C1 k -8-