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HomeMy WebLinkAbout06-03-1996 Council Minutes CITY OF AUBURN COUNCIL MEETING MINUTES · . June 3, 1996 7:30 p.m. I. CALL TO ORDER A. Flag Salute Mayor Booth called the meeting to order at 7:30 p.m. and led those in attendance in the Pledge of Allegiance. B. Roll Call Those in attendance included Mayor Booth and the following members of the City Council: Rich Wagner, Sue Singer, Jeanne Barber, Trish Borden, Fred Poe, Gene Cerino, and Stacey Brothers. Staff members present included: Police Lieutenant Bob Almy, Fire Chief Bob Johnson, Personnel Director Brenda Kennedy, Parks and Recreation Director Len Chapman, Assistant Parks and Recreation Director Dick Deal, Finance Director Diane L. Supler, Public Works Director Frank Curde, Assistant Planning and Community Development Director Lynn Rued, Senior Planner Bob Sokol, Airport Manager John Anderson, City Attorney Michael J. Reynolds, City Clerk Robin Wohlhueter, and Deputy City Clerk Dani Daskam. C. Announcements and Appointments 1. Announcements Immediately following Item I.A, Flag Salute, of these minutes, Mayor Booth acknowledged former Councilmembers, Ms. Virginia Haugen and Mr. Pat Burns, in attendance this evening. There was no other announcement this evening. 2. Appointments There were no appointments for consideration this evening. Page I City of Auburn Council Meeting Minutes June 3, 1996 D. Agenda Modifications Agenda modifications included a correction to payroll voucher totals transmitted under Item IV.B.2 of these minutes; the Auburn Municipal Airport Lease identified as Exhibit "A" to Resolution No. 2743 transmitted under Item V.A of these minutes; the Hearing Examiner's Findings and Decision related to land use applications transmitted under Items VI.A, VI.B and VI.C of these minutes; and Ordinance No. 4867 transmitted under Item VII.A.2 of these minutes. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Preannexation Agreement Process O3.1 The request of the Auburn City Council to establish a process for the City to enter into development agreements consistent with the Development Agreement Statute provisions of ESHB 1724, Regulatory Reform. Mayor Booth opened the public hearing and requested Senior Planner Bob Sokol give a brief staff presentation. Mr. Sokol explained that since 1991 the City has required preannexation agreements for individuals and corporations requesting water and/or sewer availability certificates. The preannexation agreement also requires that the developer meet all City development standards and to not protest any future local improvement districts. The Regulatory Reform Act defines the preannexation agreement as a "development agreement" and subject to approval by ordinance or resolution after a public hearing. The Regulatory Reform Acts allows the legislative body of the city, or planning commission, hearing examiner or other body designated by the legislative body, shall conduct the public hearing. The requirement to hold a public hearing on each agreement will be time consuming and lengthen the review process for a preannexation agreement. Mr. Sokol reported that the City processed 28 preannexation agreements in 1993, 30 in 1994, 22 in 1995, and 16 thus far in 1996. Approximately two-thirds of the preannexation agreements are for individual single family homes. Since development standards are not usually an issue in the case of single family homes, staff proposes the City Council adopt a process for individual water/sewer availability certificates that treats Page 2 City of Auburn Council Meeting Minutes June 3.1996 single family homes differently from other developments. Staff further proposes that the preannexation agreements for individual single family homes be revised to eliminate the need for a public hearing. Using flow charts, Mr. Sokol reviewed the proposed separate processes for receiving water/sewer availability certificates for single family homes and other developments. For single family homes adjacent to the city limits or adjacent to other signed preannexation agreements, immediate annexation will be required and a complete development review will be conducted by City staff. For single family homes not adjacent to the city limits, the application for water/sewer availability certificates is certified for completeness, reviewed by staff, and a petition for annexation, agreement and declaration of covenant is then signed and recorded. For other developments adjacent to city limits, immediate annexation will be required, and the City will conduct a complete development review. For other developments not adjacent to city limits, the process starts with staff review of the application and preparation of a staff report which identifies any development standard exceptions. The staff report is then submitted to the Planning and Community Development Committee. The Planning and Community Development Committee schedules and conducts a public hearing on the application, and makes a recommendation to the City Council on the preannexation agreement. The City Council considers the recommendation of the Planning and Community Development Committee, and either approves the agreement by ordinance or resolution or denies the agreement. Mr. Sokol noted that the purpose of the hearing by the Planning and Community Development Committee is to consider the conditions, if any, which will be placed on the water and sewer availability certificate, and not on whether the development will occur. The proposed process also allows the City Council to conduct a public hearing on those agreements which merit a hearing before the full City Council. Staff is developing a fee structure to be included as part of the preannexation agreement process. Mr. Sokol advised that the proposed preannexation agreement process is very similar to the City's preliminary plat process with the role of the Hearing Examiner replaced by the Planning and Community Development Committee. Staff recommends that the City Council instruct the City Attorney to prepare an ordinance based upon the information and outline described this evening. Page 3 City of Auburn Council Meeting Minutes June 3, 1996 Councilmember Poe expressed concern with requiring immediate annexation for individual single family homes adjacent to city limits requesting water/sewer availability certificates. He suggested the City should have an option to require immediate annexation or accumulate other adjacent properties before proceeding with annexation. Senior Planner Sokol responded that the proposed process reflects current City policy under the Comprehensive Plan. There was no request from members of the audience to speak regarding the preannexation agreement process. Motion by Councilmember Borden, second by Councilmember Poe to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Motion by Councilmember Borden, second by Councilmember Wagner to instruct the City Attorney prepare the necessary ordinance regarding preannexation agreements. MOTION CARRIED UNANIMOUSLY. 7-0. B. Audience Participation There was no request from members of the audience for recognition. C. Correspondence There was no correspondence for City Council review. Ill. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Brothers reported the Municipal Services Committee did not meet this afternoon. The next meeting of the Municipal Services Committee is scheduled for Monday, June 17, 1996 at 4:30 p.m. B. Planning & Community Development Chair Borden reported the Planning and Community Development Committee met on May 29, 1996. The Committee received a presentation from the South King County Housing Forum; received Page 4 City of Auburn Council Meeting Minutes June 3, 1996 a presentation from Patricia Cosgrove, Director of the White River Valley Historical Museum; discussed human services funding policy; discussed the airport lease assignment; discussed the library study; and received a presentation from Associate Planner Mandeville regarding neighborhood family centers. The next meeting of the Planning and Community Development Committee is scheduled for Thursday June 6, 1996 at 4:30 p.m. C. Public Works Chair Wagner reported the Public Works Committee met May 28, 1996 and this evening at 5:30 p.m. The Committee discussed utility billing policy, discussed feedback on the Transportation Improvement Plan, and discussed water rates. Chair Wagner reported the Committee had not planned to meet again until July 1, but if enough Committee members are available on June 17, the Committee may meet then to continue discussion of water rates. D. Finance Chair Barber reported the Finance Committee met this evening at 7:00 p.m. The Committee discussed the .real estate tax rate, considered and recommends City Council approval of bad debt write-off, and reviewed and recommends City Council approval of claims and payroll vouchers as corrected by the agenda modification. The next meeting of the Finance Committee is scheduled for Monday, June 17, 1996 at 7:00 p.m. IV. CONSENT AGENDA A. Minutes 1. Minutes of the May 20, 1996 regular City Council meeting. 2. City Council to amend the September 18, 1995 City Council meeting minutes under IV.C.5 to correct the Public Works Project No. 562 to read 575. Page 5 City of Auburn Council Meeting Minutes June 3.1996 B. Vouchers F4.9.2, F4.9.5 1. Cl_aims Claim check numbers 111971 through 112258 in the amount of $627,240.82 for Period 18 are approved for payment this 3rd day of June, 1996. 2. Payroll Payroll check numbers 224202 to 226050 in the amount of $15,236.46, payroll check numbers 230001 to 230322 in the amount of $584,535.71 and Direct Deposit transmissions in the amount of $211,316.55 for a grand total of $811,088.72 for the pay period covering May 9, 1996 to May 23, 1996 are approved for payment this 3rd day of June, 1996. C. Billing Adjustments F4.5.2 1. Recommend approval of utility adjustments to the following aCCOURtS: Adjustment Amt Account Number: 349.0720 $3,234.65 219.1500 $3,647.81 312.2820 $ 245.70 2. The following account is resubmitting a request for a sewer billing adjustment that had been previously denied. This account requested a sewer adjustment based on a broken washing machine hose which flooded the laundry room floor. Adjustment Amt Account Number: 349.0420 $3,134.25 D. Contract Administration 1. Public Works Project No. 513C O4.12.1, F2.4.9 LID 346 Recommend awarding Contract 96-07, for the construction of commercial area sidewalks along the Auburn Way N Page 6 City of Auburn Council Meeting Minutes June 3.1996 corridor to Gary Merlino Construction on their low bid of $196,666.66. 2.Public Works Project No. 519 O4.8.1 PR 519 Approve Change Order No. 2 in the amount of $2,470.00 and Pay Estimate No. 7, final, in the amount of $2,549.04 with Robison Construction for PR 519, North Central Storm Drainage Improvement. 3. Public Works Project No. 568 O4.8.1 PR 568 Request authorization to advertise for bids for Auburn 400 pond improvements for Contract No. 96-12. E. Accounts Receivable F4.12 Council consideration on the recommendation to write-off bad debts in accordance with City policy in the total amount of $175.00. Motion by CounCilmember Barber, second by Councilmember Poe to approve Consent Agenda Items IV.A through IV.E as modified by the agenda modification. Councilmember Brothers asked for clarification of Item IV.C.2, the resubmission of a request for a sewer billing adjustment. Public Works Director Currie confirmed that a motion to approve the Consent Agenda will approve the staff recommendation to deny the adjustment request. Finance Director Supler added that the recommendation is is to deny the request for a utility adjustment credit, and any delinquency by the customer will be pursued through collection. In response to a question from Councilmember Cerino, Public Works Director Currie reported that the consumption levels have returned to normal for the property. MOTION CARRIED UNANIMOUSLY. 7-0. Page 7 City of Auburn Council Meeting Minutes June 3. '1996 V. UNFINISHED BUSINESS A. Resolution No. 2743 A3.17, O4.4.9.13 A Resolution of the City Council of the City of Auburn, Washington authorizing lease between Auburn and TAS Enterprises, L.L.C. for certain space at the Auburn Municipal Airport. City Attorney Reynolds read the title of Resolution No. 2743 as corrected. City Attorney Reynolds reported that following the City Council meeting of May 20, 1996, staff met with representatives of Northwest Propeller Service, Inc. and TAS Enterprises, L.L.C. Northwest Propeller Service canceled their lease which allowed the City to proceed with negotiating a new lease with TAS Enterprises. Motion by Councilmember Borden, second by Councilmember Wagner to adopt Resolution No. 2743. In response to a question from Councilmember Brothers, City Attorney Reynolds explained that the lease agreement provides for a two and one-half year term with ten one-year options. The rental rate will be adjusted by the Consumer Price Index upon exercising each one-year option. The lease agreement also includes that the lessee will pay for the hangar doors, and a portion of the cost of the doors will be credited to the monthly rental rate over the term of the lease. MOTION CARRIED. 6-1. Councilmember Brothers voted no. VI. NEW BUSINESS A. Application No. CUP0001-96 O3.10.1 CUP0001-96 The request for MaW Jo Burns for a conditional use permit to allow for the construction of a 2,556 square foot professional office building located at the northwest corner of "D" and 4th Street S.E. on property zoned R-2, Single Family. Motion by Councilmember Borden, second by Councilmember Singer to approve the conditional use permit and instruct the City Attorney to prepare the necessary ordinance. Page 8 City of Auburn Council Meeting Minutes June 3, 1996 Councilmember Brothers disclosed that he has worked with Mr. Pat Burns for over ten years and has known his wife, Mary Jo Burns, for the same amount of time. He is also a patient of Mary Jo Burns. He indicated that his association with the applicant will not influence his consideration of the application. In response to a question from Councilmember Poe, Assistant Planning and Community Development Director Rued reviewed the setbacks for the lot. The lot was platted approximately 90 years ago with the length running east to west. The property consists of a corner lot which also fronts on 4th Street SE, which is an arterial. Current zoning code requires that the 20-foot front yard setback be measured from the arterial. The lot layout will require a variance to reorient the measurement of the setback so that the front yard setback is measured from the secondary street, and the rear yard setback is measured from the alley. The variance will allow a 10- foot minimum setback from 4th Street SE. Councilmember Wagner asked what improvements would be required for the alley to allow access from the alley and accommodate parking. Assistant Planning and Community Development Director Rued advised the alley is required to be paved. Public Works Director Currie confirmed the alley is already improved. Councilmember Barber disclosed that Mr. Pat Burns is a friend, and Mary Jo Burns is her dentist. She indicated that her association with the applicant will not affect her consideration of the application. MOTION CARRIED UNANIMOUSLY. 7-0. B. Application No. REZ0002-96 03.8 REZ0002-96 The request of the Auburn Free Methodist Church to rezone two lots located at 222 and 238 N Street SE from R-2, Single Family, to a proposed zoning of "1", Institutional. Motion by Councilmember Borden, second by Councilmember Singer to approve the rezone based on the Hearing Examiner's Findings of Fact, Conclusions and Conditions, and to instruct the City Attorney to prepare the necessary ordinance. Page 9 Cit), of Auburn Council Meeting Minutes June 3, 1996 MOTION CARRIED UNANIMOUSLY. 7-0. C. Application No. PLT0001-94R O3.5.1 The request of Centex Real Estate Corporation to revise the phasin9 plan of Riverwalk subdivision, approved in 1995, to provide a temporary dead end street on property located South of Howard Road and north of Game Farm Park. Councilmember Borden indicated there may be sufficient questions with the application to warrant a closed record hearing. Councilmember Wagner concurred. He expressed concern with the steep slope of the single entry to the development. He also indicated that a closed record hearing will allow him to learn whether any improvements have been made in the proposal from the preliminary plat. Motion by Councilmember Borden, second by Councilmember Wagner to schedule a closed record hearing on the application. MOTION CARRIED UNANIMOUSLY. 7-0. VII. ORDINANCE8 AND RESOLUTION8 A. Ordinances 1. Ordinance No. 4866 O3.4.1.14, O4.10 An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 4819 to extend termination date relating to the preparation of a City Transportation Comprehensive Plan Update and authorizing execution of Supplement No. 1 between the City and the Washington State Department of Transportation. Motion by Councilmember Wagner, second by Councilmember Poe to introduce and adopt Ordinance No. 4866. MOTION CARRIED UNANIMOUSLY. 7-0. Page 10 City of Auburn Council Meeting Minutes June 3, 1996 2. Ordinance No. 4867 O3.1 A3.13.20 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn to execute Lakeland Annexation and Utilities Agreement between the City and The Lakeland Company, Inc. Motion by Councilmember Borden, second by Councilmember Wagner to introduce and adopt Ordinance No. 4867. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Ordinance No. 4868 03.5 PLT0005-90 An Ordinance of the City Council of the City of Auburn, Washington, approving the final plat of Lakeland Hills, Division No. 12, Phase I, located east of Lakeland Hills, Division No. 2, within Lakeland Hills according to the plat on file with the Clerk of the City of Auburn. Motion by Councilmember Borden, second by Councilmember Singer to introduce and adopt Ordinance No. 4868. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Ordinance No. 4869 03.5 PLT0005-90 An Ordinance of the City Council of the City of Auburn, Washington, approving the final plat of Lakeland Hills, Division No. 14, Phase I, located North of 53rd Street SE within Lakeland Hills according to the plat on file with the Clerk of the City of Auburn. Motion by Councilmember Borden, second by Councilmember Singer to introduce and adopt Ordinance No. 4869. MOTION CARRIED UNANIMOUSLY. 7-0. Page 11 City of Auburn Council Meeting Minutes June 3, 1996 5. Ordinance No. 4870 An Ordinance of the City of Auburn, Washington, authorizing the City to accept emergency relief funds from the Federal Highway Administration for repairs to City streets under Emergency Storm Relief Program for damage caused by the February 7, 1996 storm. Motion by Councilmember Wagner, second by Councilmember Poe to introduce and adopt Ordinance No. 4870. MOTION CARRIED UNANIMOUSLY. 7-0. B. Resolutions There were no resolutions for review this evening. VIII. MAYOR'S REPORT A. Executive Session No executive session was required this evening. IX. ADJOURNMENT There being no further business to come before the City Council this evening, the meeting adjourned at 8:10 p.m. Charles A. Booth, Mayor Robin Wohlhueter, City Clerk 96M6-3.DOC Page 12