HomeMy WebLinkAbout06-05-1995 CITY OF AUBURN
COUNCIL MEETING MINUTES
June 5, 1995 7:30 p.m.
CALL TO ORDER
Flag Salute
Mayor Booth called the meeting to order at 7:31 p.m. and led those
in attendance in the pledge of allegiance.
Roll Call
Those in attendance included Mayor Booth and members of the
Auburn City Council as follows: Pat Burns, Rich Wagner, Virginia
Haugen, Trish Borden, Jeanne Barber, Stacey Brothers, and Don
Kurle.
Staff members present included: Police Captain Ray Sherman,
Fire Chief Bob Johnson, Personnel Director Brenda Kennedy,
Personnel Analyst Dan Watts, Parks and Recreation Director Len
Chapman, Library Director Andy Waters, Finance Director Victor
Thompson, Public Works Director Frank Currie, City Engineer
Dennis Dowdy, Utilities Engineer Dwight Holobaugh, Project
Engineer Jack Locke, Planning and Community Development
Director Paul Krauss, Assistant Planning Director Lynn Rued, City
Attorney Michael Reynolds, City Clerk Robin Wohlhueter, and
Deputy City Clerk Dani Daskam.
C. Announcements and Appointments
1. Announcements
a)
Scholarship Presentation
Scholarship presentation to Rachel Jordan Ennis,
Auburn High School graduating senior, on behalf of
the Friends of the Library.
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City of Auburn Council Meetinq Minutes June 5, 1995
Mayor Booth introduced Dena Stapish, President of
the Friends of the Library. Mayor Booth stated the
Friends of the Library organization advocates usage
of the library, promotes literacy, supports literary
educational programs, and offers a scholarship for
graduating seniors. Mayor Booth congratulated the
recipient of the scholarship and the Friends of the
Library for their efforts. Ms. Stapish introduced Miss
Rachel Ennis, the recipient of this year's scholarship
award, and Miss Ennis's parents and grandmother,
who were also in attendance. Ms. Stapish presented
a $500 scholarship from the Friends of the Library to
Rachel Ennis. The Mayor and City Council
congratulated Miss Ennis. Ms. Stapish also
introduced the following members of the Friends of
the Library in attendance at this evening's meeting:
Marie Manson, Margaret Fiedler, June Boulanger,
and Mary Caldwell.
2. Appointments - None.
Agenda Modifications
Agenda modifications include correspondence transmitted under
Items II.C.2 through II.C.5 of these minutes, minutes of the May 30,
1995 Public Works Committee meeting transmitted under Item III.C
of these minutes, a proposed agreement between the cities of
Federal Way and Auburn transmitted under Item VI.C of these
minutes, a proposed agreement between the cities of Kent and
Auburn transmitted under Item VI.D of these minutes, and
Ordinance No. 4749 which was not available at the time of
publication of the City Council Agenda is transmitted under Item
VII.A.6 of these minutes. City Clerk Wohlhueter also announced
the receipt of correspondence from Tricia Moore and Marvel Olsen
which was received after publication of the Agenda Modification
and identified under Items II.C.6 and II.C.7 of these minutes.
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City of Auburn Council Meetin,q Minutes June $, 1995
II.
CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
Local Improvement District No. 341
F2.4.9 LID 341
A public hearing on the final assessment roll for Local
Improvement District No. 341 for the construction of a street,
curbs, gutters, sidewalks, a storm drainage system, a street
illumination system, an underground electrical power system
and necessary appurtenances (Project No. 502) on 37th
Street SE from "A" Street SE to "M" Street SE and "D" Street
SE from 37th Street SE 200 feet South (East one-half only)
as ordered by Ordinance No. 4619 of the City of Auburn,
Washington.
Mayor Booth opened the public hearing and asked for a staff
presentation on the project. Project Engineer Jack Locke
explained the hearing this evening allows the public the
opportunity to express concerns about the assessments.
Mr. Locke stated there are two considerations in addressing
the assessments: 1) whether the benefit of the improvement
is commensurate with the amount of the assessment; and 2)
whether the cost is distributed fairly and equitably. Mr.
Locke stated that as development began in the 37th Street
corridor, the City collected Street Delay Agreements from
property owners and developers. Mr. Locke stated a Street
Delay Agreement is an agreement which provides that the
developer will participate in constructing improvements later
rather than at the time of the individual development. Mr.
Locke stated a junior high school was built in the area after
the LID was initiated. Mr. Locke stated the original project
plan included a four-lane street with a 60-foot right-of-way,
but was later scaled down to a three-lane street with a 50-
foot right-of-way which reduced the cost of the project by
approximately 30 percent. Mr. Locke explained the LID cost
is $1,260,000 and was originally proposed to be $1,330,000.
Mr. Locke stated the 9.4 percent reduction in the LID is due
to assessment-exempt property owned by the King County
Housing Authority. Mr. Locke stated the City will pay the
cost of the assessment allocated to the exempt property.
Mr. Locke stated the individual assessments increased by
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City of Auburn Council Meetinq Minutes June 5, 1995
approximately two percent because of some additional right-
of-way costs and higher construction costs.
Mr. Locke stated the assessments are allocated utilizing a
two-zone methodology which allocates a higher assessment
rate to properties which abut or have principal access to the
street.
Mr. Locke pointed out that Assessment No. 2 is in the name
of King County Housing Authority and is exempt from
assessment by state statute. He also pointed out that
Assessment Nos. 3 and 4 are also in the name of the King
County Housing Authority, and the King County Housing
Authority has committed to paying Assessment Nos. 3 and 4
because the properties were purchased during the formation
of the LID. Mr. Locke also noted that Assessment No. 57
has been divided among 32 condominium units.
Mr. Locke stated that after the final assessment roll is
adopted and filed, the property owners will have an
opportunity to pay the assessment in full or in ten equal
annual payments with interest on the unpaid balance.
Steve McGovern, 2201 North 30th Street, Tacoma, WA
Mr. McGovern stated he represents M. A. Magnuson and
Southend Auto, who owns properly located on the eastern
side of "A" Street SE just north of 37th Street SE. Mr.
McGovern stated he previously filed objections to the
assessment for the record and offered to answer any
questions with regard to his previously submitted
correspondence. Mr. McGovern stated the Magnuson
property is approximately 300,000 square feet, and
approximately 140,000 square feet is located in zone 2 and
175,000 square feet in zone 1 for a total assessment of
approximately $97,000.
Mr. McGovern stated he believes it will be the City
Attorney's recommendation that the City Council not act on
the ordinance adopting the final assessment roll this
evening in order to allow discussion of the objections to the
assessment. Mr. McGovern stated he is in favor of the
delay and offered to meet with the City's representatives.
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City of Auburn Council Meetinq Minutes June 5, 1995
Councilmember Wagner requested Mr. McGovern
summarize his objections to the assessment and his
proposal for solution. Mr. McGovern stated there are five
grounds for the objections to Mr. Magnuson's assessment.
Mr. McGovem stated he objects to the manner in which the
assessment was calculated. Mr. McGovern stated the
appraiser relied upon speculation as to the use of the
property and the highest and best use of the property. Mr.
McGovern stated speculation on the highest and best use of
the property is not allowed under state of Washington case
law. Mr. McGovem stated the second benefit analysis fails
to determine the special benefit actually derived by the
affected parcels from the improvements on 37th Street SE.
Mr. McGovern stated certain properties have received
significantly more benefit than the Magnuson property, but
the assessments are based on the same rate. Mr.
McGovern stated he believes the City did not follow specific
procedures assessing the properties as set forth in RCW
35.44 which provides the manner in which the assessments
can be calculated. Mr. McGovem stated the fourth objection
is that the amount assessed to the Magnuson zone 1
property consisting of approximately 174,000 square feet
exceeds the amount of benefit as determined by the City's
expert. Mr. Magnuson stated the City's expert determined
the benefit is $0.45. per square foot on the Iow end and
$0.50 per square foot on the high end. Mr. McGovern
stated the zone 1 assessment is at $0.473 per square foot.
Mr. McGovern stated the final objection is that not all
properties especially benefited by the improvements have
been included in the LID. Mr. McGovern stated he believes
properties east of "D" Street and properties south of 37th
Street SE benefit from the improvements and have not been
included in the LID. Mr. McGovern stated he believes the
benefit of the improvement is for those people who
developed their property long after M. A. Magnuson
purchased his property.
In response to a question from Councilmember Wagner, Mr.
McGovern stated M. A. Magnuson did not enter into a Delay
Agreement with the City. Mr. McGovern stated the wrecking
yard has been in existence since 1970, and uses "A" Street
SE as access and not 37th Street SE.
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City of Auburn Council Meetinq Minutes June 5, 1995
In response to a question from Councilmember Brothers, Mr.
McGovern explained his third objection which is based on
RCW 35.44 and the manner in which assessments are to be
calculated. Mr. McGovern stated RCW Chapter 35.44
provides for the use of five zones and assessing costs
based on the five zones. Mr. McGovern stated the state
statute also provides that another method can be used if it
more fairly calculates the special benefit to pieces of
property. Mr. McGovern noted a Washington State
Supreme Court case, Bellevue Plaza versus City of
Bellevue.
Marvel Olsen, Laurelwood Park, 204 37th Street SE,
Auburn, WA
Ms. Olsen stated she owns Laurelwood Park and her home
on 37th Street SE. Ms. Olsen stated she is against the
amounts being assessed to property owners on 37th Street
SE. Ms. Olsen stated many of the tenants in her mobile
home park are Iow-income senior citizens or Iow-income
families who cannot afford any increase in rent which she
could assess to help pay for the assessment. Ms. Olsen
stated she believes all citizens should help pay for the
improvements, not just the property owners along 37th
Street SE. Ms. Olsen stated she will have a hard time
paying any property tax increases that may be a result of
increased property value because of the street
improvement.
Councilmember Haugen asked how many mobile homes are
located in the park. Ms. Olsen stated there are 39 mobile
homes.
In response to a question from Councilmember Brothers,
Ms. Olsen stated she has owned the mobile home park
since 1967. Ms. Olsen stated she charges $190.00 rent per
month for single-wide mobile homes and $200.00 per month
for the few double-wide mobiles homes located there. Ms.
Olsen stated the assessment on the mobile home park is
$93,000. Councilmember Brothers asked the average
amount of annual rent increases. Ms. Olsen stated she has
raised rents only when there have been utility rate
increases.
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City of Auburn Council Meetin,q Minutes June 5, 1995
Councilmember Haugen asked Planning and Community
Development Director Paul Krauss to provide information on
rental assistance that may be available to tenants of the
mobile home park.
Bob Richardson, 3710 "A" Street SE, Auburn, WA
Mr. Richardson stated he is a resident of the Laurelwood
Mobile Home Park. Mr. Richardson stated his access is to
"A" Street SE, and he does not have access to 37th Street
SE. Mr. Richardson stated he is over 80 years old and
many of the other residents of the mobile home park are
also over 80 years of age and are on fixed incomes.
Councilmember Wagner asked whether the City will be able
to sell LID bonds before the resolution of the objections to
the assessment made by Mr. McGovern on behalf of M. A.
Magnuson. City Attorney Reynolds advised the issue
should be resolved first as the bond sale will be determined
by the final assessment roll. City Attorney Reynolds stated
another alternative is to adopt the LID this evening and not
sell the value of the protested assessment. City Attorney
Reynolds stated the wrecking yard property is zoned M-2,
and any analysis for highest and best use other than
permitted uses in an M-2 zone does not hold true. City
Attorney Reynolds recommended the City conclude the
public hearing this evening but not act on the ordinance until
next meeting.
Motion by Councilmember Wagner, second
Councilmember Haugen to close the public hearing.
by
MOTION CARRIED UNANIMOUSLY. 7-0.
Local Improvement District No. 348
F2.4.9 LID 348
A public hearing on the final assessment roll for Local
Improvement District No. 348 for the improvement of Main
Street from Auburn Avenue to "B" Street SW in the City
("Street Improvement No. 315") as ordered by Ordinance
No. 4695 of the City of Auburn, Washington.
Mayor Booth opened the public hearing and asked for staff
presentation.
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City of Auburn Council Meetinq Minutes June 5, 1995
Project Engineer Jack Locke explained LID 348 is a small
LID, and staff proposes to finalize both LID 348 and LID 341
at the same time in order to combine both LID's to sell one
bond issue.
Project Engineer Locke stated the project is the
improvement of Main Street from Auburn Avenue to "B"
Street. Mr. Locke explained the project is funded with a
federal grant for $720,000, City of Auburn matching share is
$60,000, and the LID assessments are $82,000. Mr. Locke
noted the initial assessments were $90,000 but a Housing
Authority is one of the property owners and is exempt from
assessment. Mr. Locke also stated the assessment to the
City of Auburn for City Hall is also included in the $82,000.
Mr. Locke stated the assessments are based on front
footage. Mr. Locke stated construction is expected to be
completed in July 1995.
Councilmember Brothers
included in the LID. Mr.
1,240 front feet.
asked how many front feet are
Locke stated there is a total of
There were no requests from the audience to speak.
Motion by Councilmember Wagner, second
Councilmember Kurle to close the public hearing.
by
MOTION CARRIED UNANIMOUSLY. 7-0.
Application No. ANX0001-95
03.1 ANX0001-95
The request of petitioning property owners for annexation of
an 18-acre parcel of land located south of 280th and east of
"B" Street NW and west of Auburn Way North.
Mayor Booth opened the public hearing, and requested a
staff report to begin the hearing.
Assistant Planning Director Lynn Rued stated the City
received a petition from five property owners representing
73 percent of the assessed valuation requesting annexation
to the city of Auburn. Mr. Rued stated the property includes
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City of Auburn Council Meetinq Minutes June $, t995
St. Thomas School. Mr. Rued stated St. Thomas School
plans expansion of their school and would prefer to expand
within the city of Auburn rather than King County. Mr. Rued
stated if the City Council approves the annexation, the next
step is to forward the annexation to the Boundary Review
Board for their review.
There were no requests from the audience to speak either
for or against the annexation.
Motion by Councilmember Burns, second by Councilmember
Wagner to close the public hearing on Application No.
ANX0001-95.
MOTION CARRIED UNANIMOUSLY. 7-0.
Audience Participation
Joe Brown, 202 "D" Street SE, Auburn, WA
Mr. Brown stated he opposes the request of Myron and
Madeleine Massey to vacate an alley south of East Main
Street and east of "D" Street, Application No. V-04o94. Mr.
Brown stated he opposes vacating the alley because
children and bicyclists use the alley. Mr. Brown stated
people who live along the alley use it to access East Main
Street. Mr. Brown stated he also opposes the vacation of
the street because of the project that is proposed to be
constructed there. Mr. Brown stated the proposed
development will have a devastating effect on the downtown
single family dwellings. Mr. Brown also stated the proposed
development will increase traffic and demand for parking.
Mr. Brown stated he lives across the street from an existing
15-unit senior apartment complex. Mr. Brown stated the
complex has 16 parking spaces, and the parking lot is busy
all the time. Mr. Brown stated he believes the property is
too small for the proposed construction site.
Yvonne Bagley, 115 "E" Street SE, Auburn, WA
Ms. Bagley spoke regarding the request to vacate the alley
south of East Main Street and east of "D" Street. She stated
if the alley is vacated, more traffic will be using Main Street.
Ms. Bagley stated she uses the alley to park her car. She
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City of Auburn Council Meeting Minutes June 5, 1995
stated many of her neighbors park their cars in their back
yards because of the limited parking on the street.
C. Correspondence
Letter dated May 19, 1995 to the City Council from Alda H.
Wilkinson, Executive Secretary of the Washington State
Boundary Review Board for King County, regarding
Summary File No. 1924 - City of Auburn - 277th Annexation.
A letter addressed to the City Council Members from N. A.
Magnuson and Southend Auto Wrecking, Inc., through their
officers and/or attorneys, dated June 1, 1995, regarding
objection to assessment/LID 341/Project 502.
A letter addressed to Paul Krauss, Planning and Community
Development Department, from Jeffrey L. Grose, Auburn
School District Director of Capital Projects, dated May 30,
1995, regarding Light Standard Conditional Use Permit,
Application No. CUP0005-95, Auburn Riverside Senior High
School.
A letter addressed to the City of Auburn from Manuel Blanco
dated May 27, 1995 regarding Local Improvement District
341, Project 502.
A letter addressed to the City of Auburn from Robert
Lattimar dated June 1, 1995 regarding Auburn City Code
13.04.290 and 13.04.300.
A letter addressed to the City of Auburn from Tricia Moore
dated June 3, 1995 regarding Local Improvement District
341.
A letter addressed to Jack Locke, Project Engineer, received
June 5, 1995 from Marvel Olsen regarding Local
Improvement District 341.
III. COUNCIL COMMITTEE REPORTS
Municipal Services
Chair Brothers reported the Municipal Services Committee met this
afternoon at 4:30 p.m. and discussed Ordinance No. 4745
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City of Auburn Council Meetin.q Minutes June 5, 1995
Co
regarding reimbursement from the King County Health Department
for the implementation of an education program on hazardous
waste and Ordinance No. 4749 regarding the sale and discharge of
fireworks. Chair Brothers reported the Committee recommends
adoption of both ordinances. The next meeting of the Municipal
Services Committee is scheduled for Monday, June 19, 1995 at
4:30 p.m.
Planning & Community Development
Chair Burns reported the Planning and Community Development
Committee met on May 22, 1995, and the minutes are a matter of
public record. Chair Burns requested the City Council's support of
the items approved by the Committee. The next meeting of the
Planning and Community Development Committee is scheduled for
June 12, 1995 at 7:30 p.m.
Public Works
Chair Wagner reported the Public Works Committee met May 30,
1995 and discussed the request of Myron and Madeleine Massey
to vacate an alley and took public comments regarding the request.
Chair Wagner reported the Committee also discussed a joint
operating agreement for water use in South King County. Chair
Wagner stressed the joint operating agreement is a framework
agreement not an agreement to sell water. Chair Wagner reported
the Committee also received an update and began planning for the
Six Year Transportation Plan. Chair Wagner requested the
Council's support of Public Works Committee items as they appear
later in this evening's agenda. The next meeting of the Public
Works Committee is scheduled for June 12, 1995 at 5:30 p.m.
Finance
Chair Barber reported the Finance Committee met this evening at
7:00 p.m. and discussed and received a presentation from Don
Freund of Person Lanes regarding admission tax. Chair Barber
advised she has asked the Mayor to appoint a study group to
report back to the Finance Committee by December 1, 1995. Chair
Barber reported the Committee also discussed and approved
Resolution No. 2645, Resolution No. 2650, and claims and payroll
vouchers. Chair Barber requested the City Council's support the
Finance Committee items as they appear in this evening's agenda.
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City of Auburn Council Meetinq Minutes June 5, 1995
IV.
CONSENT AGENDA
Minutes
1. Minutes of the March 18, 1995 Special Council meeting.
2. Minutes of the May 15, 1995 regular Council meeting.
B. Vouchers
F4.9.2, F4.9.5
Claims check numbers 101951 through 102482 in the
amount of $1,290,251.37 and dated May 10, 1995 through
June 9, 1995.
Payroll check numbers 215319 to 215691 in the amount of
$583,763.74 and Direct Payroll Deposit transmissions in the
amount of $163,064.15 for a grand total of $746,827.89 for
the pay period covering 05/09/95 to 05/30/95 and dated this
5th day of June, 1995.
Utility Bill Adjustment
F4.5.2
Recommend approval of utility adjustment to the following accounts
for the amount of $17,567.38:
Account 312.2400
Account 323.1770
Account 334.2790
Account 143.0090
Account 319.2220
$11,911.64
$1,627.39
$956.4O
$2,856.30
$215.65
D. Contract Administration
Public Works Project No. 502
F2.4.9 LID 341, O4.9.1 PRS02
Approve Change Order No. 1 to R.W. Scott Construction for
Public Works Contract No. 94-01, Project No. 502 (LID 341 -
37th Street) in the amount of $37,626.46.
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City of Auburn Council Meetinq Minutes June 5, t995
Public Works Project No. 505
O4.9.1 PR 505
Award Contract No. 95-07, Auburn Way North
Improvements, 4th Street NE to 15th Street NE, Project No.
505, to Woodworth & Company on their Iow bid of
$2,074,892.06.
Surplus Property
F4.6.1
Public Works - Sewer Division
Request Council permission to surplus and sell at the next
auction the gas monitors with battery packs and battery pack
chargers listed below:
1 Exotox Neotronics Gas Monitor With NiCad battery pack
and carry case; (Monitor Serial #0677026; Battery Pack
Serial #07821014).
1 Exotox Neotronics Gas Monitor With NiCad battery pack
and carry case; (Monitor Serial #0476555; Battery Pack
Serial #10822286).
1 Exotox Neotronics Gas Monitor With NiCad battery pack
and carry case; (Monitor Serial #0576783; Battery Pack
Serial #2715417).
1 Neotronics 120 V Fast Charger; Serial #6710921.
1 Neotronics 120 V Fast Charger; Serial #3814329.
I Neotronics 120 V Fast Charger; Serial #479813.
Motion by Councilmember Kurle, second by Councilmember Burns to
approve Consent Agenda Items IV.A through IV.E.
Councilmember Haugen stated she received a call on whether the last
City Council meeting had been adjourned. Councilmember Haugen
stated Mayor Booth has assured her the meeting was adjourned.
Councilmember Haugen requested Item IV.D.1 be removed from the
Consent Agenda for discussion.
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City of Auburn Council Meetinq Minutes June $, 1995
Councilmember Brothers requested Item IV.D.2 be removed from the
Consent Agenda for consideration separately.
Councilmember moved Kurle moved to amend his motion to omit Item
IV.D.1 and Item IV.D.2 from the Consent Agenda. Councilmember Burns
seconded the motion.
MOTION CARRIED UNANIMOUSLY. 7-0.
THE MAIN MOTION, AS AMENDED, CARRIED UNANIMOUSLY. 7-0.
Councilmember Haugen stated she spoke with City Engineer Dowdy
regarding budget override on Project No. 502. Councilmember Haugen
stated she wants assurance on whether the project is within budget or if
the change order would put the project over budget. City Engineer Dowdy
stated staff anticipates that for the total cost of the project the street
budget will need an adjustment of about $10,000 and the storm budget
will need an adjustment of about $15,000 in additional funding at the time
of the mid-year budget adjustment. Public Works Director Currie pointed
out the adjustment is slightly over one percent of the total project.
Motion by Councilmember Wagner, second by Councilmember Haugen to
approve Change Order No. 1, Public Works Project No. 502.
MOTION CARRIED UNANIMOUSLY. 7-0.
Motion by Councilmember Brothers, second by Councilmember Wagner
to approve the award of Public Works Project No. 505 as it appears on
this evening's agenda.
Councilmember Brothers asked the target date for completion of the
project and how the acquisitions are proceeding. Public Works Director
Currie advised the project will be weather-proofed by this fall, and the
project will be completed next spring. Public Works Director Currie
advised all the right-of-way required for the project has been acquired.
MOTION CARRIED UNANIMOUSLY. 7-0.
UNFINISHED BUSINESS - None.
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City of Auburn Council Meeting Minutes June $, 1995
VI. NEW BUSINESS
Ao
Application No. CUP0002-95
03.10.1 CUP0002-95
The request of Ervin Wicklund for a Conditional Use Permit to
allow a machine shop for property located at 4204 Auburn Way
North.
Councilmember Burns advised he received a communication today
from Wendy Belcheff, and he will transmit the correspondence to
the City Clerk at the end of the meeting.
Motion by Councilmember Burns, second by Councilmember
Borden to approve the conditional use permit based upon the
Hearing Examiner's Findings of Fact, Conclusions and Conditions,
and to instruct the City Attorney to prepare the necessary
Ordinance.
In response to a question from Councilmember Brothers,
Councilmember Burns described the contents of Ms. Belcheff's
correspondence. Councilmember Burns stated Ms. Belcheff is an
adjacent property owner who is complaining about the commercial
activities of someone on an adjoining lot to her property and the
lack of an adequate buffer between her property and the other
adjoining lot. Councilmember Burns stated the property with which
Ms. Belcheff is concerned is not the property being considered this
evening. Councilmember Burns stated the property described by
Ms. Belcheff was approved for development prior to the City
amending the Comprehensive Plan to require adequate buffers.
Councilmember Burns stated the property identified in Application
No. CUP0002-95 has adequate buffers.
MOTION CARRIED UNANIMOUSLY. 7-0.
Application No. CUP0005-95
03.10.1 CUP0005-95
The request of Auburn School District for a Conditional Use Permit
to allow the erection of six 80 foot tall light standards at Riverside
High School located at 501 Oravetz Road.
Motion by Councilmember Burns, second by Councilmember
Borden to approve the conditional use permit based upon the
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City of Auburn Council Meetinq Minutes June 5, 1995
Hearing Examiner's Findings of Fact, Conclusions and Conditions,
and to instruct the City Attorney to prepare the necessary
Ordinance.
Jeffrey Grose, Auburn School District, 915 - 4th Street NE, Auburn,
WA
In response to a question from Councilmember Kurle, Mr. Grose
advised the light poles at the Auburn High School are 110 feet
high.
Councilmember Wagner.asked what recourse citizens will have if
the glare of the lights is greater than what has been predicted. Mr.
Grose stated the City will determine what recourse the citizens will
have. Mr. Grose stated it is not possible to illuminate a ball field
with poles that are shorter because of the glare in the participants'
eyes. Mr. Grose stated by raising the height of the poles, the
amount of illumination that extends off the site is reduced.
MOTION CARRIED UNANIMOUSLY. 7-0.
Agreements with City of Federal Way Relating to Potential
Annexation Area Designation
O3.4.1.12
City Council to consider agreements between the City of Auburn
and the City of Federal Way relating to Potential Annexation Area
Designation.
Planning and Community Development Director Paul Krauss
explained the agreement with Federal Way and the agreement with
Kent (see Item VI.D of these minutes) will establish the future
boundaries between the cities. Mr. Krauss stated the agreements
are necessary as a precursor to resolving issues of potential
annexation areas. Mr. Krauss stated staff is continuing to work
with King County on resolving the issues. Mr. Krauss pointed out
that the agenda includes a two-party and a three-party agreement.
Mr. Krauss stated the three-party agreement includes King County.
Mr. Krauss stated it is likely King County will not participate at this
time, although progress is being made.
Councilmember Brothers asked if the Councils of either Federal
Way or Kent have acted on the agreements. Planning and
Community Development Director Krauss stated no formal action
has been taken by either city to the best of his knowledge. In
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City of Auburn Council Meetinq Minutes June $, 1995
VII.
response to a question from Councilmember Brothers, Mr. Krauss
stated that to the best of his knowledge, the agreements do not
need the review of the Boundary Review Board.
Councilmember Kurle requested larger maps of the potential
annexation areas as the detail was too difficult to see.
Motion by Councilmember Burns, second by Councilmember
Borden to authorize the agreement between the cities of Auburn
and Federal Way relating to Potential Annexation Area
designation.
MOTION CARRIED UNANIMOUSLY. 7-0.
Agreements with City of Kent Relatinq to Potential Annexation Area
Designation.
03.4.1.12
City Council to consider agreements between the City of Auburn
and the City of Kent relating to Potential Annexation Area
Designation.
Motion by Councilmember Burns, second by Councilmember
Borden to authorize an agreement between the cities of Auburn
and Kent relating to Potential Annexation Area designation.
MOTION CARRIED UNANIMOUSLY. 7-0.
ORDINANCES AND RESOLUTIONS
A. Ordinances
Ordinance No. 4736
F2.4.9 LID 349
An Ordinance of the City of Auburn, Washington, approving
and confirming the assessments and assessment roll of
Local Improvement District No. 341 for the construction of a
street, curbs, gutters, sidewalks, a storm drainage system, a
street illumination system, an underground electrical power
system and necessary appurtenances (Project No. 502) on
37th Street SE from "A" Street SE to "M" Street SE and "D"
Street SE from 37th Street SE from 37th Street SE 200 feet
south (East one-half only), as provided by Ordinance No.
4619, and levying and assessing the cost and expense
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City of Auburn Council Meetinq Minutes June 5, 1995
thereof against the several lots, tracts, parcels of land and
other property as shown on the assessment roll.
Motion by Councilmember Wagner, second by
Councilmember Kurle to return Ordinance No. 4736 to the
Public Works Committee for further study.
MOTION CARRIED UNANIMOUSLY. 7-0.
Ordinance No. 4737
F2.4.9 LID 348
An Ordinance of the City of Auburn, Washington, approving
and confirming the assessments and assessment roll of
Local Improvement District No. 348 for the improvement of
Main Street from Auburn Avenue to B Street Southwest in
("Street Improvement No. 315") as provided by Ordinance
No. 4695, and levying and assessing the cost and expense
thereof against the several lots, tracts, parcels of land and
other property as shown on the assessment roll.
Motion by Councilmember Wagner, second by
Councilmember Burns to introduce and adopt Ordinance No.
4737.
Councilmember Haugen stated she has concern with the
cost of the assessments to homeowners and small property
owners.
MOTION CARRIED. 6-1. Councilmember Haugen voted
no.
Ordinance No. 4746
03.9 V-04-94
An Ordinance of the City Council of the City of Auburn,
Washington, approving the vacation of an alley right of way
located south of East Main Street and east of "D" Street
S.E., within the City of Auburn, Washington.
Motion by Councilmember Wagner to introduce and adopt
Ordinance No. 4746 subject to the approval of the CUP as
defined in the staff report V-04-94 relating to CUP0001-95.
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City of Auburn Council Meetinq Minutes June 5, 1995
Councilmember Kurle asked if the intent of the motion is to
vacate the alley only if the proposed project is approved.
Councilmember Wagner confirmed the intent of the motion.
Councilmember Kurle seconded the motion. City Attorney
Reynolds stated Ordinance No. 4746 contains language
which reads as follows: "be and the same hereby vacated
upon the compliance with all conditions of CUP0001-95."
In response to a question from Councilmember Borden, City
Attorney Reynolds explained the applicant for the senior
citizen housing project is required to go through a
conditional use permit process. First a staff report is
prepared which goes before the Hearing Examiner, and the
Hearing Examiner determines whether the criteria for the
conditional use permit has been met and if any conditions
will be imposed. If anyone disagrees with the decision of
the Hearing Examiner, they may appeal to the City Council.
City Attorney Reynolds stated notice of the hearing by the
Hearing Examiner will be given to property owners within
300 feet of the project. Planning and Community
Development Director Krauss stated his department has
also committed to providing hearing notices to a larger area
for this project. Councilmember Kurle stated the notice area
should include the area from Auburn Way to "F" Street and
from Main Street to the railroad tracks.
Councilmember Haugen thanked Councilmember Wagner
for the condition included in his motion to adopt Ordinance
No. 4746. Councilmember Haugen stated she believes the
proposed project will have an impact upon neighboring
property owners.
Councilmember Wagner stated the City Council will give
every opportunity to the developers of affordable senior
housing to present their case, and they will have the chance
to do that through the remaining process. Councilmember
Wagner stated the motion to adopt Ordinance No. 4746 is
intended to provide for the vacation of the alley only if the
project is approved. Councilmember Wagner stated the
alley has value in its current status, but it would not have
value if the project is approved. Councilmember Wagner
stressed that no decision has been made about the project.
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City of Auburn Council Meetinq Minutes June 5, 1995
MOTION CARRIED. 4-3. Councilmembers Brothers, Burns,
and Haugen voted no.
Ordinance No. 4747
03.5 PLT0003-93
An Ordinance of the City Council of the City of Auburn,
Washington, approving the final plat of "Chinook Park
Estates" located in 3600-3700 block of Auburn Way South,
within the City of Auburn, Washington.
Motion by Councilmember Burns, second by Councilmember
Borden to introduce and adopt Ordinance No. 4747.
MOTION CARRIED UNANIMOUSLY. 7-0.
Ordinance No. 4748
04.4.9.4, F5.2
An Ordinance of the City Council of the City of Auburn,
Washington, approving State Grant Funds as provided in
Agreement between the City and the Washington State
Department of Transportation, Aeronautics Division, for the
purchase and installation of a Pan Am weather system to be
located at the Auburn Municipal Airport.
Motion by Councilmember Wagner, second by
Councilmember Kurle to introduce and adopt Ordinance No.
4748.
Councilmember Brothers asked whether the possibility of
charging for the service was pursued. Planning and
Community Development Director Krauss stated although
staff has not received a definitive answer on the question,
he believes the answer will be negative. Mr. Krauss stated
the City is accepting grant funds to make it available to
anyone who wishes to use it. Councilmember Brothers
stated he is not in favor of charging pilots for weather
information.
Councilmember Wagner stated the service is a safety item
which benefits everyone including the pilots.
MOTION CARRIED UNANIMOUSLY. 7-0.
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City of Auburn Council Meetinq Minutes June 5, 1995
Ordinance No. 4749
A3.5.5.8, O1.8
An Ordinance of the City Council of the City of Auburn,
Washington, amending Auburn City Code Section 8.24.060
entitled "Retail Sales and Discharge of Fireworks" contained
in Chapter 8.24 entitled "Fireworks" to prohibit the sale,
possession, use or discharge from six o'clock p.m. on
December 31 until one o'clock a.m. on January 1st of the
subsequent year.
Motion by Councilmember Brothers, second by
Councilmember Haugen to introduce and adopt Ordinance
No. 4749.
MOTION CARRIED. 6-1. Councilmember Burns voted no.
Resolutions
Resolution No. 2568
04
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to
execute South King County Regional Water Association
Joint Operating Agreement between participating cities of
Kent, Black Diamond, Auburn, Covington Water District and
King County Water District No. 111.
Motion by Councilmember Wagner, second
Councilmember Burns to adopt Resolution No. 2568.
by
Councilmember Wagner stated Resolution No. 2568 does
not commit the City to sell any water, but it sets the
framework for discussion and leaves the ultimate decision in
the hands of the City Council.
MOTION CARRIED. 6-1. Councilmember Haugen voted
no.
Resolution No. 2645
F6.7, 03.3.4
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to
execute a Payment Agreement between Northwest Racing
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City of Auburn Council Meetinq Minutes June 5, 1995
o
Associates Limited Partnership, Racing, Inc. and the City of
Auburn, relating to the Non Deferment of Sales and Use
Taxes to the City.
Motion by Councilmember Barber, second
Councilmember Brothers to adopt Resolution No. 2645.
by
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 2647
03.1 ANX0001-95
A Resolution of the City Council of the City of Auburn,
Washington, relating to its intention to annex certain
property located on the City's northern boundary, adjacent
to South 280th Street.
Motion by Counciimember Burns, second by Councilmember
Haugen to adopt Resolution No. 2647.
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 2648
03.5 PLT0002-89R
A Resolution of the City Council of the City of Auburn,
Washington, authorizing and approving the extension of the
preliminary plat of "Sunning Hills" for an additional year.
Motion by Councilmember Burns, second by Councilmember
Wagner to adopt Resolution No. 2648.
Councilmember Haugen asked why the preliminary plat
keeps coming back to the City Council. Assistant Planning
Director Rued explained it is a complex project, and the
delay in progress was due in part to the length of time is
took the developer to get a permit from the Army Corps of
Engineers.
MOTION CARRIED UNANIMOUSLY. 7-0.
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City of Auburn Council Meetinq Minutes June 5, 1995
Resolution No. 2650
A2.6
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the City to purchase two Panasonic
Copy Machines.
Motion by Councilmember Barber, second by
Councilmember to Borden to adopt Resolution No. 2650.
MOTION CARRIED UNANIMOUSLY. 7-0..
VIII. MAYOR'S REPORT
Ao
Executive Session
Mayor Booth recessed the meeting to executive session at 9:04
p.m. in order to discuss labor negotiations and potential litigation
for approximately 20 minutes. Mayor Booth advised action may
occur after the executive session.
Mayor Booth reconvened the regular meeting at 9:37 p.m.
Motion by Councilmember Barber to approve the addendum to a
contract pursuant to an agreement reached between the City of
Auburn and Police Service Specialists. Councilmember Brothers
seconded the motion.
MOTION CARRIED UNANIMOUSLY. 7-0.
IX. ADJOURNMENT
There being no further business to come before the City Council, the
meeting adjourned at 9:40 p.m.
Charles A. Booth, Mayor
Robin Wohlhueter, City Clerk
95M6-5
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