HomeMy WebLinkAbout07-03-1995 CITY OF AUBURN
COUNCIL MEETING MINUTES
July 3, 1995 7:30 p.m.
II.
CALL TO ORDER
Flag Salute
Mayor Booth called the meeting to order at 7:35 p.m. and led those
in attendance in the pledge of allegiance.
Roll Call
Those in attendance include 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 Chief Dave Purdy, Fire
Chief Bob Johnson, Personnel Director Brenda Kennedy, Assistant
Parks and Recreation Director Dick Deal, Finance Director Victor
Thompson, Public Works Director Frank Currie, Utilities Engineer
Dwight Holobaugh, City Engineer Dennis Dowdy, City Attorney
Michael Reynolds, and Deputy City Clerk Dani Daskam.
C. Announcements and Appointments
1. Announcements - None.
2. Appointments - None.
Agenda Modifications
An agenda modification consisting of a revised Ordinance
4736 was transmitted under Item VlI.A. 1 of these minutes.
NO.
CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearinqs - None.
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City of Auburn Council Meetinq Minutes July 3, 1995
Audience Participation
Joe Brown., 202 "D" Street SE, Auburn, WA
Mr. Brown stated he has concerns about the 100-unit, four-
story building proposed for construction at the corner of "D"
Street and East Main Street. Mr. Brown stated the area is
congested with traffic, noise, and pollution. Mr. Brown
stated he and many of the area residents are opposed to the
project. Mr. Brown compared the project to an existing 66-
unit complex called Wayland Arms which, he reported, has
40 parking spaces and are fully utilized. Mr. Brown stated
the proposed project will impact the local single family
neighborhoods.
For clarification purposes, City Attorney Reynolds explained
the review process for the proposed project. Mr. Reynolds
stated the project is required to go through a conditional use
permit process which includes public hearing proceedings
where the public has the opportunity to testify. Mr. Reynolds
stated the City Council held a hearing on a petition for a
vacation of an alley related to the proposed project, and the
City Council adopted an Ordinance vacating the alley with
the condition the alley will be vacated only if a conditional
use permit is granted for the project at a later date. Mr.
Reynolds stressed that the alley vacation is only the first
step for the project and is not an endorsement for the
project. Mr. Reynolds cautioned Mr. Brown that testimony
presented to the Council regarding the proposed project
prior to the public hearing may be perceived as prejudicing
the Council, and requested Mr. Brown reserve his comments
for the public hearing.
Ken Minkler., 607 29th Street SE, Auburn, WA
Mr. Minkler expressed concern for the dog fatally injured by
fireworks as publicized in the Seattle Post-lntelliqencer.
Mayor Booth informed Mr. Minkler the dog was killed, and
the case is being investigated.
Correspondence - None.
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City of Auburn Council Meetin,q Minutes July 3, 1995
III.
COUNCIL COMMITTEE REPORTS
Municipal Services
Chair Brothers reported the Municipal Services Committee meeting
scheduled for this afternoon was canceled. The next regular
meeting of the Municipal Services Committee is scheduled for
Monday, July 17, 1995 at 4:30 p.m.
Plannin,q & Community Development
Chair Burns reported the Planning and Community Development
Committee met June 26, 1995, and the minutes are a matter of
public record. Chair Burns requested the City Council's support of
the Planning and Community Development Committee items as
they appear in tonight's agenda. The next regular meeting of the
Planning and Community Development Committee is scheduled for
Monday, June 10, 1995 at 7:30 p.m.
Public Works
Chair Wagner stated the Public Works Committee met on June 26,
1995. Chair Wagner reported the Committee considered
Resolution No. 2655. Chair Wagner also reported the Committee
heard testimony from Ruth Stewart with regard to the 29th Street
SW improvements. Chair Wagner stated Ms. Stewart's concerns
were related to how the road construction would affect the drainage
on her property. Chair Wagner stated the Committee discussed
relinquishing a portion of a water line easement and reviewed LID
341 which is presented this evening with a slightly modified
assessment for one of the properties. Chair Wagner stated
Ordinance No. 4755 is before the City Council this evening for
consideration. The Ordinance relates to the management of state
grant funds available to Northwest Racing for improvements to the
transportation system at the thoroughbred racetrack. Chair
Wagner noted there is some question as to which portion of the
grant funds will be clearly identified for public improvements and
which will be identified for private improvements. Chair Wagner
stated it is important to adopt the Ordinance tonight with the
stipulation that the grant funds are for public improvements. The
next regular meeting of the Public Works Committee is scheduled
for Monday, July 10, 1995 at 5:30 p.m.
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City of Auburn Council Meetinq Minutes July 3, 1995
IV.
Finance
Chair Barber reported the Finance Committee met this evening and
discussed Ordinance No. 4753 which amends Ordinance No.
4717. Chair Barber reported the Finance Committee recommends
the City Council adopt Ordinance No. 4753 and approve claims
and payroll vouchers as they appear in tonight's agenda. The next
regular meeting of the Finance Committee is scheduled for
Monday, July 17, 1995 at 7:00 p.m.
CONSENT AGENDA
A Minutes
1. Minutes of the May 30, 1995 special City Council meeting.
2. Minutes of the June 19, 1995 regular City Council meeting.
B. Vouchers
F4.9.2, F4.9.5
Claims
Claims check numbers 102859 through 103601
amount of $798,997.03 and dated July 3, 1995.
in the
Payroll
Payroll check numbers 216164 to 216529 in the amount of
$598,451.79 and Direct Payroll Deposit transmissions in the
amount of $168,050.86 for a grand total of $766,502.65 for
the pay period covering June 15, 1995 to June 23, 1995 for
payment this 3rd day of July, 1995.
Call for Public Hearinq
A1.10
City Council to call for a public hearing to be held at the July
17, 1995 City Council meeting for consideration of approval
of the BIA budget for the 1995-1996 fiscal year.
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City of Auburn Council Meetinq Minutes July 3, 1995
D. Utility Bill Adjustment
F4.5.2
Recommend denial of a request for an adjustment to utility
bill account number 1.23.5580 in the amount of $612.15.
Recommend approval on the request to adjust utility bill
account number 223.1470 in the amount of $205.31.
Recommend approval on the request to adjust utility bill
account number 338.0030 in the amount of $514.18, and
account number 349.0420 in the amount of $878.13 for a
total of $1,392.31.
Motion by Councilmember Kurle, second by Councilmember Burns for
approval of Consent Agenda Items IV.A through IV. D.3.
MOTION CARRIED UNANIMOUSLY. 7-0.
UNFINISHED BUSINESS - None.
NEW BUSINESS
Application No. CUP0003-95
A3.10.1 CUP0003-95
The request of US West New Vector Group for a conditional use
permit to allow the erection of a 54-foot high communications
antenna to be located south of 285th Street and west of the Union
Pacific Railroad.
Motion by Councilmember Burns, second by Councilmember
Haugen to approve the conditional use permit based on the
Hearing Examiner's Findings of Fact, Conclusions and Conditions;
and to instruct the City Attorney to prepare the necessary
Ordinance.
MOTION CARRIED UNANIMOUSLY. 7-0.
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City of Auburn Council Meeting Minutes July 3, 1995
Application No. REZ0002-95
03.8 REZ0002-95
The request of John Brekke to rezone property located at 3702
West Valley Highway North from M-1 (Light Industrial) to C-3
(Heavy Commercial).
Motion by Councilmember Burns, second by Councilmember
Borden to approve the rezone based upon the Hearing Examiner's
Findings of Fact, Conclusions and Conditions; and to instruct the
City Attorney to prepare the necessary Ordinance.
Councilmember Haugen asked for an explanation of the types of
uses allowed in an M-1 zone compared to a C-3 zone. City
Attorney Reynolds explained light industrial would include
businesses such as a machine shop and heavy commercial, C-3,
would allow a shopping center and grocery store.
Councilmember Brothers asked the size of the parcel. Public
Works Director Currie advised the parcel is 12,900 square feet in
size.
John Brekke, 8592 Hunts Point Lane, Bellevue, WA 98004.
Mr. Brekke stated he is the owner of the property at 3702 West
Valley Highway North. Mr. Brekke stated the property will be
added to adjacent property to provide truck maneuverability and
additional parking. Mr. Brekke stated he is constructing a 3,000
square foot building. Mr. Brekke stated the Pet Club store was a
former tenant several years ago.
MOTION CARRIED UNANIMOUSLY. %0.
Supermall Condition 8E Amendment
O3.3.1
City Council consideration on the request of Hapsmith Company to
delay installing the required covered walkway and in providing the
Park and Ride stalls until the completion of Phase II of the
Supermall.
Motion by Councilmember Burns, second by Councilmember
Borden to approve the proposed amendment to Condition 8E of the
Supermall as approved by the Planning and Community
Development Committee.
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City of Auburn Council Meetin,q Minutes July 3, 1995
Councilmember Kurle asked if the City has received any
information from Metro regarding service to the Supermall. Mayor
Booth replied the City has not. Mayor Booth advised Metro is
reviewing four sites as demonstration projects, and Auburn is
involved in two of the four sites.
Councilmember Wagner stated he believes Metro should be made
aware the City is allowing the Supermall developer to delay
improvements Metro will need to service the area.
Mayor Booth stated the agreement to delay the improvements
includes stipulations that the improvements are delayed until
transit service is provided or opening of Phase II of the mall
whichever is earlier. Mayor Booth stated he will ensure Metro is
provided with the information on the delay of the transit
improvements.
Councilmember Haugen stated she believed denial of the
amendment would encourage Metro to provide transit service.
Councilmember Burns stated requiring the developer to make an
improvement that Metro will not service will not give either side
leverage, but requires the developer to spend money on
improvements not needed at this time.
City Engineer Dennis Dowdy stated the Metro Six Year Plan
includes Auburn as a transit hub. When Auburn is converted to a
hub, Metro will conduct a community planning process at which
time the City will have the opportunity to negotiate with Metro for all
new routes in Auburn.
MOTION CARRIED UNANIMOUSLY. 7-0.
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City of Auburn Council Meetinq Minutes July 3, 1995
VII.
ORDINANCES AND RESOLUTIONS
A. Ordinances
Ordinance No. 4736
F2.4.9 LID 341
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
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.
4736.
Councilmember Haugen asked for an explanation of the
agenda modification. City Attorney Reynolds stated that at
a previous City Council meeting, Mr. Magnuson, through his
attorney, offered opposition to the assessment made against
property which contains an auto wrecking yard. The
assessment was approximately $97,000. City Attorney
Reynolds stated the issue is the City's evaluation of the
special benefit was not appropriate to the piece of property
because a wrecking yard, which in this case is a
nonconforming use, is located on property zoned M-2. City
Attorney Reynolds stated it is the argument of Mr.
Magnuson and his attorney that normally when a benefit like
this adjoins a property the special benefit the property will
derive from the benefit can be ascertained and universally
applied to all the properties benefited from the construction.
City Attorney Reynolds stated Mr. Magnuson contends the
wrecking yard, as a nonconforming use, is the highest and
best use for the property. City Attorney Reynolds explained
an administrative opinion was made that there is some
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City of Auburn Council Meetinq Minutes July 3, 1995
validity to Mr. Magnuson's argument, and the assessment
was reduced by $10,000 based on the theory the City's
assessment of the property could be in error by 10 percent.
Councilmember Brothers questioned whether any changes
had been made to the assessments for the mobile home
park and the other residential property owned by the owner
of the mobile home park. City Attorney Reynolds advised
the values and assessments for the properties described by
Councilmember Brothers remain the same.
MOTION CARRIED. 6-1. Councilmember Borden voted no.
Ordinance No. 4753
F3.9
An Ordinance of the City Council of the City of Auburn,
Washington, amending Ordinance No. 4717, the 1995
Budget Ordinance, and authorizing the Mayor to accept
Schedule °'A" which relates to the City of Auburn 1995
Budget reallocation of funds in various accounts in several
funds pursuant to RCW 35A.33.120, and setting forth
findings.
Motion by Councilmember Barber, second by
Councilmember Brothers to introduce and adopt Ordinance
No. 4753.
Councilmember Burns questioned the additional tax revenue
forecasted in the General Fund in the amount of $575,300.
Councilmember Burns asked if this amount is the excess
revenue collected over the first six months of this year.
Finance Director Thompson explained it is revenue the City
has collected to date or revenue the City can expect to
receive during 1995. Mr. Thompson stated if the revenue
from the Supermall construction and the Incredible Universe
is omitted, the retail sales tax revenue is level with last year.
Mr. Thompson added the property tax assessment came in
higher than budgeted for 1995.
Mayor Booth stated the strategy for the 1995 Budget was to
not include a Supermall revenue picture that might not
develop.
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City of Auburn Council Meetinq Minutes July 3, 1995
Councilmember Burns noted a $137,000 deficit projected for
the construction budget for the municipal services annex.
Finance Director Thompson stated the building construction
has been budgeted at $570,000 for a number of years. Mr.
Thompson stated the bid for the project was approximately
$700,000 and approved by the Municipal Services
Committee and City Council. Finance Director Thompson
stated there is funding available in the Capital Projects Fund
to cover the deficit. Mr. Thompson stated the 1994 Ending
Fund Balance was over budget by approximately $137,000.
Mr. Thompson explained the increase in the project cost is
due in part to inflation. Mayor Booth added that other
contributing factors to the increased cost is a result of
redesign to provide certain safety and security provisions.
Councilmember Burns stated he thought the asbestos
removal, the emergency radio system, and the safety and
security provisions were funded through previous budget
cycles. Finance Director Thompson stated the account was
funded over two years ago for approximately $650,000. Mr.
Thompson stated the fund was reduced to pay for demolition
and asbestos removal leaving a residual of $570,000. In
response to a question from Councilmember Burns, Finance
Director Thompson confirmed $137,000 is requested for the
building construction in addition to $650,000 previously
budgeted for the project. Finance Director Thompson stated
the Beginning Fund Balance for the Capital Projects Fund is
approximately $150,000 over its budgeted amount, and
funding for the additional building construction costs will
come from the available fund balance. In response to a
question from Councilmember Burns, Finance Director
Thompson stated the funding for the Capital Projects Fund
is derived from the real estate excise tax which must be
used for capital projects. Mr. Thompson added the City
receives approximately $200,000 annually in real estate
excise taxes.
Councilmember Burns asked for clarification of the $347,100
adjustment in the Arterial Street Fund described as an
increase of the Auburn portion of projects. Finance Director
Thompson stated it relates primarily to the Auburn Way
North project and is a carryover from 1994 because of the
delay in getting the project started. City Engineer Dennis
Dowdy pointed out the $347,100 adjustment includes
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City of Auburn Council Meetinq Minutes July 3, 1995
approximately $143,000 related to other projects; the 37th
Street project and the Main Street Project.
Councilmember Burns questioned the $421,800 increase in
construction and professional services in the Sewer Fund.
Utilities Engineer Dwight Holobaugh explained he was hired
last year when the 1995 Budget was being developed.
Since that time he has had a better opportunity to review the
needs of the sewer system and better forecast the budget.
Mr. Holobaugh stated that in the last year the City has made
three emergency repairs due to collapsed lines, and there
are six other systems in need of repair or replacement.
Councilmember Burns questioned the bond sale referenced
within the Storm Drain Fund budget adjustment. Finance
Director Thompson stated the City had planned to purchase
property for the storm fund in the Brannan Park area and
finance it through a bond sale; however, an attractive
interest rate over several years was negotiated with the
property owner, and the bond sale is no longer needed.
Councilmember Burns questioned the Mid Year Program
Improvement to fund development of Auburn's Engineering
Data System (GIS). Using an overhead map, Utilities
Engineer Holobaugh explained when Metro negotiated a
contract with the City to extend a 72 inch line from the
Renton Sewage Treatment Plant, they acknowledged
interceptors the City already had, and that additional lines
would be built later in the City that would be part of the
Metro system. Mr. Holobaugh stated the contract
anticipated and provided for construction to occur along the
West Valley interceptor. Mr. Holobaugh stated the City of
Auburn constructed the line and has yet to submit the
required data to Metro to receive reimbursement. Mr.
Holobaugh stated the City must provide to Metro such
information as existing house counts, future house counts,
zoning, prediction of flow, mapping, record drawings, audit
trails, and easement acquisitions. Mr. Holobaugh stated he
has conservatively estimated the recovery of at least
$300,000 from Metro.
Councilmember Burns stated the Mid Year Program
Improvement states the funding is requested for updating
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City of Auburn Council Meetinq Minutes July 3, 1995
the City's GIS. Councilmember Burns asked how much of
the adjustment is related to the Lea Hill area. City Engineer
Dowdy stated the GIS improvement is needed to include all
of the City's Potential Annexation Areas. City Engineer
Dowdy stated it was indicated in a City Council workshop
that staff should proceed with the necessary procedures to
extend the mapping services to include the Potential
Annexation Areas. Mr. Dowdy stated of the $148,000 the
City is capable of spending this year, approximately $90,000
is needed for digital services, which is converting the aerial
flights to a digital process and downloading them on the
City's GIS system. Mr. Dowdy stated the balance of the
adjustment is for additional technical personnel for the
remainder of the year to perform digitizing work that can be
accomplished by the City. Utilities Engineer Holobaugh
added the GIS update described by City Engineer Dowdy
will provide the information needed regarding the proposed
development and potential service for the Potential
Annexation Areas justifying the reimbursement from Metro.
In response to a question from Councilmember Burns, City
Engineer Dowdy stated approximately $88,000-$92,000 is
needed to expand the City's mapping capabilities to the
City's Potential Annexation Areas. City Engineer Dowdy
stated the City has already expended approximately
$15,000 this year to conduct the aerial flights. City Engineer
Dowdy stated the mapping capabilities are needed for the
City's Comprehensive Plans, especially storm sewer,
transportation, and sewer.
Councilmember Kurle questioned the statement in the
budget adjustment request that the Mid Year Program
Improvement is contingent upon receiving a commitment
from Metro regarding reimbursement for sewer lines
previously constructed by Auburn. City Engineer Dowdy
and Utilities Engineer distributed a letter from Robert N.
Hirsch of Metro dated June 29, 1995. Public Works Director
Currie stated the letter from Mr. Hirsch addresses the City's
contract with Metro which allows for the reimbursement.
Councilmember Kurle asked if staff believes the letter
constitutes a commitment or does staff expect an additional
form of commitment. City Engineer Dowdy stated the letter
from Metro serves as the commitment the City needs.
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City of Auburn Council Meetinq Minutes July 3, 1995
Councilmember Brothers asked City Attorney Reynolds if he
is satisfied the letter from Metro serves as a commitment.
City Attorney Reynolds stated he has not had an opportunity
to review the letter. Public Works Director Currie pointed
out the first paragraph of the letter states that the facilities
have preliminarily been determined to meet requirements of
Metro's Comprehensive Plan.
In response to a question from Councilmember Wagner,
Utilities Engineer Holobaugh stated Metro wants projections
to the full service extent of the interceptor or other line. Mr.
Holobaugh stated separate applications for reimbursement
will be made for the West Valley interceptor, Lakeland Hills
interceptor, Green River College interceptor, and the 277th
interceptor, and each area will be separated by parcel.
In response to a question from Councilmember Brothers,
City Engineer Dowdy explained the $92,000 cost for
digitizing will be for all the Potential Annexation Areas of the
city, and digitizing the Lea Hill area equates to
approximately one-half of the total cost. Public Works
Director Currie stated that because the City's sewer and
water lines are in the Lea Hill area and the Lea Hill area
impacts the City's storm water and transportation systems,
the City needs the GIS information for the Lea Hill area
regardless of whether the area is ever annexed to the City.
MOTION CARRIED. 6-1. Councilmember Haugen voted
FIO.
Ordinance No. 4755
F5.2.13, 03.3.4
An Ordinance of the City of Auburn authorizing the City to
accept grant funds for constructing infrastructure projects on
behalf of the Northwest Racing Association, which are
approved by the WSDOT Local Programs Engineer for
funding under Section 228 of Second Engrossed Senate
House 2080. Pl Titled: "For The Department of
Transportation Local Programs--Program Z".
Page 13
City of Auburn Council Meetinq Minutes July 3, 1995
Motion by Councilmember Wagner, second by
Councilmember Burns to introduce and adopt Ordinance No.
4755.
City Attorney Reynolds explained a total of $4 million in
grant funds has been allocated to Northwest Racing of
which $2.3 million is clearly identified for infrastructure
projects involving public intersections and public projects.
City Attorney Reynolds stated there is question on the
remainder of the funding for a street that is located within
Northwest Racing property and is now a private street. City
Attorney Reynolds stated he is working with the Office of the
State Attorney General and the Washington State
Department of Transportation to resolve the issue. City
Attorney Reynolds stated Ordinance No. 4755 relates to off-
site infrastructure improvements,
MOTION CARRIED UNANIMOUSLY. 7-~.
Resolutions
Resolution No. 2655
A3.13.2.2
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to
relinquish a portion of Public Waterline Easement Recording
No. 7705110675 and a portion of Public Sanitary Sewer
Easement Recording No. 7109100524 lying within Parcel
"A" and Parcel "B°' of Auburn lot line adjustment number
0007-95, for purposes in excess of City needs.
Motion by Councilmember Wagner, second
Councilmember Burns to adopt Resolution No. 2655.
by
Councilmember Borden requested an explanation of the
location of the easements. Public Works Director Currie
stated they are in the vicinity of 15th and 16th and "A" and
"B" Streets NW. City Engineer Dowdy explained the City is
relinquishing a 15-foot easement in exchange for a 20-foot
easement.
MOTION CARRIED UNANIMOUSLY. 7-~.
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City of Auburn Council Meetinq Minutes July 3, 1995
VIII, MAYOR'S REPORT
Mayor Booth thanked Councilmember Burns and Councilmember Haugen
for their attendance at the Association of Washington Cities delegates
meeting last week.
A. Executive Session - None.
IX. ADJOURNMENT
There being no further business to come before the City Council, the
meeting adjourned at 8:56 p.m.
Charles A. Booth, Mayor
~. Dani Daskam, Deputy City Clerk
95M7-3
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