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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. Page1 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. Page 2 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. Page 3 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. Page 4 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. Page 5 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. Page 6 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. Page 7 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 Page 8 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. Page 9 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 Page 10 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 Page 11 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. Page 12 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-~. Page 14 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 Page 15