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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. Page1 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. Page 2 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 Page 3 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. Page 4 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. Page 5 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. Page 6 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. Page 7 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 Page 8 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 Page 9 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 Page 10 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. Page 11 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. Page 12 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. Page 13 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. Page 14 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 Page 15 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 Page 16 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 Page 17 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. Page 18 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. Page 19 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. Page 20 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 Page 21 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. Page 22 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 Page 23