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HomeMy WebLinkAbout07-15-1985CITY OF AUBURN COUNCIL MEETING MINUTES July 15, 1985 7:30 p.m. 69 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 Len Chapman, Parks & Recreation Director; Dan Clements, Finance Director; John Cutter, Engineer; Pat Dugan, Planning Director; Jake Evans, Police Chief; Bob Johnson, Fire Chief; Jack Leininger, Assistant City Attorney; Coralee McConnehey, City Clerk; and Gretel Sloan, Personnel Director. Jack Bereiter, City Attorney, and Marv Seabrands, Public Works Director were excused. Also in attendance was Frank Mabry, Public Works Operations Manager and Dennis Selle, Civil Engineer. C. Announcements and Appointments - None D. Agenda Modifications included the July 1, 1985, Council ' minutes and a letter of protest on L.I.D. 333, Assessments 5 and 10. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE II. A. Public Hearings 1. Multivest Ltd. & Terra Copia U.S.A., Inc. Rezone from M-2 (Heavy Industrial) to C-3 (Heavy Commercial) property located 250 feet west of Auburn Way North in 800-1000 blocks. (12-85) No one spoke for or against the request. MOTION by Wisner, SECOND by Walters, to close the public hearing. MOTION CARRIED UNANIMOUSLY. MOTION by Wisner, SECOND by Walters, to approve the rezone based upon the Findings of Fact as outlined in the agenda packet and to instruct the City Attorney to prepare the necessary ordinance. MOTION CARRIED UNANIMOUSLY. 2. Final Assessment Roll for L.I.D. 332 - construction ' of streets, curbs and gutters, sidewalks, signing and channelization, storm drainage, fire hydrants, traf- fic signal and miscellaneous water and sanitary sewer relocations on "B" Street N.W., et el. -1- 70 AUBURN COUNCIL MINUTES PAGE TWO JULY 15, 1985 2. Final Assessment Roll for L.I.D. 332 (Cont.) No one spoke for or against the final assessment roll. MOTION by Larson, SECOND by Burns, to close the public hearing. MOTION CARRIED UNANIMOUSLY. MOTION by Larson, SECOND by Burns, to approve the Final Assessment Roll for L.I.D. 332 for construction of streets, curbs and gutters, sidewalks, signing and , channelization, storm drainage, fire hydrants, traffic signal and miscellaneous water and sanitary sewer relo- cations on "B" Street N.W., et al." MOTION CARRIED UNANIMOUSLY. 3. Final Assessment Roll for L.I.D. 333 - construction of street, curbs and gutters, sidewalks, traffic signal, signing & channelization, storm drainage, fire hydrants, underground electric and communication utility facilities and illumination of 30th Street between "B" Street N.W. and Auburn Way North. Mayor Roegner noted a protest to L.I.D. 333 had been filed on Assessments 5 and 10. Jack Hawkins, attorney representing Frank Shaugnhessy and Tom Matson, were objecting to assessments 5 and 10 as outlined in the statement provided the Council. / MOTION by Larson, SECOND by Burns, to close the public hearing. MOTION CARRIED UNANIMOUSLY. Whittall asked the status of construction. Cutter reported the bid had been awarded to R. W. Scott and construction would be next Monday. Whittall asked what ' the status of Auburn Downs was and if the City was covered. Mayor Roegner indicated there was an ordi- nance which provided eight items and letters of credit which covered the City. Whittall asked what happened if Auburn Downs went under. Leininger indicated there would be no legal liability. Clements clarified the hearing tonight was about how the costs were allocated. Burns asked about the special benefits to those opposing the assessments. Cutter indicated an appraisal from Washington Appraisal Service reported both received special benefits. Kurle asked what the dollar amount was. Cutter stated the appraisal indicated Shaughnessy would derive $59,200 and Matson would derive $75,300 in special benefits. MOTION by Larson, SECOND by Burns, to approve the Final Assessment Roll for L.I.D. 333 for construction of street, curbs and gutters, sidewalks, traffic signal, signing & channelization, storm drainage, fire hydrants, underground electric and communication utility facilities and illumination of 30th Street bet- ween "B" Street N.W. and Auburn Way North. Whittall ' and Colburn voted NO. MOTION CARRIED. 4. Creation of L.I.D. 337 for construction and installa- tion of pavement, curb and gutter and sidewalks, street lighting and storm drainage along Lund Road and including a storm drain project along West Main Street. -2- 71 AUBURN COUNCIL MINUTES PAGE THREE JULY 15, 1985 II. A. Public Hearings (Cont.) 4. Creation of L.I.D. 337 (Cont.) Ed Garre, KASY, objected to the L.I.D. stating theirs was a unique situation. He stated the five acres the station was on was necessary for the tower and related wiring and equipment. Garre said it was his ' understanding Quadrant planned to develop the 23 acres behind the station and would not provide a public access. He felt.there would be no special benefit to them and even possible adverse affects because their land could not be filled thus there could be a drainage problem. He said they would have no objection in including about half the property. Paul Costello, Quadrant, stated they were in favor of the L.I.D. and that of the variety of methods of assessment they felt the one arrived at was the most equitable. MOTION by Larson, SECOND by Burns, to close the public hearing. Colburn suggested possibly the hearing could be con- tinued because of Garre protest and lack of documen- tation. Cutter indicated a delay could cause a problem with getting the construction done during the construc- tion period because of notice requirements. Larson stated approving this would only create the L.I.D. and Mr. Garre would still have the right to pro- test the final assessment. He added by passing it tonight it would be assured to start construction in the good construction period. Leininger indicated Garre could protect the fact and amount of their assessment when the construction was completed. Councilmembers Whittall, Walters, Kurle and Colburn voted NO. MOTION FAILED. Walters indicated he voted no because he did not have enough information. Burns wondered if the public hearing was continued if there would be need for notices. Clements clarified if the hearing was continued to a date certain there would be no requirements for notice; however, if left in limbo or a future date, notices would be required. MOTION by Colburn, SECOND by Walters, to continue the public hearing to the next Council meeting. MOTION CARRIED UNANIMOUSLY. 5. Lyden & Lyden TEFRA Hearing Bill Tonkin, lawyer for Roberts & Shefelman, bond coun- sel for the City of Auburn and Auburn Economic ' Development Board, reported the public hearing was being held as a requirement under the federal tax laws applicable to industrial revenue bonds. He said he understood this was the City's first bond. Tonkin indicated the hearing was to allow public comment and the resolution would approve the financing. The state required this of sponsors. -3- 72 AUBURN COUNCIL MINUTES PAGE FOUR JULY 15, 1985 II. A. Public Hearings (Cont.) 5. Lyden & Lyden TEFRA Hearing (Cont.) No one else spoke for or against the bond. MOTION by Wisner, SECOND by Colburn, to close the public hearing. MOTION CARRIED UNANIMOUSLY. Mayor Roegner asked Tonkin to explain what TEFRA meant ' and provide the Council with further information about the bond. Tonkin explained TEFRA was a shorthand reference for Tax Equity & Fiscal Responsibility Act was related to the portion of the Federal Tax law which places requirements on industrial revenue bonds and required a public hearing. He reported the City is the sponsor of the bond but does not issue the bond. Tonkin added the relationship is solely between Rainier Bank and Lyden & Lyden. The resolution was to show the requirements have been met. MOTION by Colburn, SECOND by Larson, to adopt Resolution 1603. MOTION CARRIED UNANIMOUSLY. B. Audience Participation - None C. Correspondence - Green River Motors appeal of Hearing Examiner Findings and Decision (Call for a public hearing before the Council at its August 5, 1985 meeting). Several members of the Council expressed concern over the the process of appeal and thought possibly it should be automatic to come to the Council. Dugan indicated the pro- cedure could be reviewed. Mayor Roegner noted it appeared I to be a consensus that the procedure be reviewed in Mrs. Wisner's committee. MOTION by Whittall, SECOND by Burns, to call for a public hearing on the Green River Motors appeal at the August 5, 1985, Council meeting. MOTION CARRIED UNANIMOUSLY. COUNCIL COMMITTEE REPORTS III. A. Municipal Services - Chairman Don Kurle - Minutes are of public record. B. Planning & Community Development - Chairman Linda Wisner - C. Public Works - Chairman Bud Larson - No report. D. Finance - Chairman Gene Colburn - Reported on the meeting held prior to the Council meeting. CITIZEN INPUT IV. CITIZEN INPUT - None CONSENT AGENDA V. A. Minutes - July 1, 1985, Regular Meeting. I B. Vouchers 1. Claims #16136-16433 in the amount of $445,305.54. 2. Payroll #108217-108586 in the amount of $411,773.80. -4- 73 AUBURN COUNCIL MINUTES PAGE FIVE JULY 15, 1985 V. Consent Agenda (Cont.) C. Bid Award on Library Reroof Contract to Hord Roofing Co. on their low bid of $36,066.06. D. Call for Bids 1. Fire Station Signals. 2. Storm Improvement #34, repairs the washout occurring on Auburn Way South. ' 3. Street Improvement #260, 1985 Street Improvement Program. MOTION by Larson, SECOND by Wisner, to approve Consent Agenda Items A through D 3 with the exception of D 2. MOTION CARRIED UNANIMOUSLY. Item D 2 - Wisner said she was concerned about the half cent gas money. She indicated when she came to the Council four years ago there was approximately $700,000 in the fund and it was now down to $281,000. Wisner cautioned the Council to be aware that at some point a big project might come along and there would be no matching funds. MOTION by Wisner, SECOND by Larson, to approve Consent Agenda Item D 2. MOTION CARRIED UNANIMOUSLY. OLD BUSINESS VI. OLD BUSINESS - None NEW BUSINESS VII. A. Mather's "D" Street Fourplex Preliminary Plat Extension. ' MOTION by Wisner, SECOND by Walters, to deny the request for a one year extension to the preliminary plat known as Mathers "D" Street 4-Plexes. Whittall wondered what the financial burden would be if this was denied. Wisner indicated to refile another plat would cost between $250 and $300. Dugan indicated the plat may need revision because of the subdivision ordinance. Whittall asked if an indication of good faith would have been submission of drawings to Public Works. Wisner indi- cated it would be a portion of it. Dugan added approval of a preliminary plat was approval of the City for the deve- loper to go ahead to design and build the plat. He indi- cated the final plat was merely approval of the work done on the plat conformed to what the City had authorized. He reported in order for them to get that done in a three year period there should have been some engineering, some work done on laying out the streets, designing exactly how to do it. He indicated no work on engineering had been done. Larson voted NO. MOTION CARRIED. B. Ordinances and Resolutions 1. Resolution 1603 - Approves Issuance of Industrial Development Bond by the City of Auburn Economic Development Corporation for $1,300,000 for Lyden & Lyden Partnership. (Passed under Item II A 5 - Public Hearings). -5- 74 AUBURN COUNCIL MINUTES PAGE SIX JULY 15, 1985 VII New Business (Cont.) B. Ordinances and Resolutions (Cont.) 2. Resolution 1604 - Authorizes Ewing & Associates related to L.I.D. 333 project. MOTION b to adopt Resolution 1604. MO 3. Ordinance 4069 - Church of Je Saints Conditional Use Permit SECOND by Burns, to introduce MOTION CARRIED UNANIMOUSLY. Contract with John R. engineering services on y Larson, SECOND by Kurle, TION CARRIED UNANIMOUSLY. sus Christ of Latter Day 1 MOTION by Wisner, and adopt Ordinance 4069. Ordinance 4070 = Approves and Confirms Final Assessment Roll of L.I.D. 333. MOTION by Larson, SECOND by Walters, to introduce and adopt Ordinance 4070. Colburn and Whittall voted NO. MOTION CARRIED. Ordinance 4071 - Aprpoves and Confirms Final Assessment Roll of L.I.D. 332. MOTION by Larson, SECOND by Kurle, to introduce and adopt Ordinance 4071. MOTION CARRIED UNANIMOUSLY. MAYOR'S REPORT VIII. MAYOR'S REPORT - None ADJOURNMENT IX. The meeting was adjourned at 8:51 p.m. Bob Roegner, Mayor -6- Coralee McConnehey, City Clerk