HomeMy WebLinkAbout06-17-1996 Council Minutes CITY OF AUBURN
COUNCIL MEETING MINUTES
June 17, 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, Gene Cerino, and Stacey Brothers. Councilmember Poe
arrived at 7:36 p.m. and after Item I.C.l.a of these minutes.
Councilmember Borden was excused from the meeting. Staff
members present included: Police Chief Dave Purdy, Fire Chief
Bob Johnson, Personnel Director Brenda Kennedy, Parks and
Recreation Director Len Chapman, Library Director Andy Waters,
Finance Director Diane L. Supler, Assistant Finance Director Arlene
Mempa, Public Works Director Frank Currie, Planning and
Community Development Director Paul Krauss, Assistant Planning
Director Lynn Rued, City Attorney Michael J. Reynolds, City Clerk
Robin Wohlhueter, and Deputy City Clerk Dani Daskam.
C. Announcements and Appointments
1. Announcements
a) Proclamation
Mayor Booth read and presented a proclamation
designating the week of June 24, 1996 as Friends of
the Library Week in the city of Auburn to Mary
Caldwell. Ms. Caldwell identified other members of
the Friends of the Auburn Public Library in
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City of Auburn CounciiMeeting Minutes June 17. 1996
attendance this evening: June Boulanger, Mary
Bratovich, Margaret Fiedler, and Dick Fiedler.
b) Library Scholarship Award
Mayor Booth and Mary Caldwell presented Andrea
Nicole Ogston a $700.00 Friends of the Library
Scholarship. Miss Ogston, accompanied by her
parents, Ted and Pat Ogston, were present to receive
the scholarship. Ms. Ogston is a 1996 Auburn High
School graduate and is planning to attend Gonzaga
University this fall. She has been an active volunteer
in the community. Mayor Booth and members of the
City Council congratulated Miss Ogston on her
accomplishments.
c) Proclamation
Mayor Booth presented a proclamation to Don Small
in recognition of his community service and
designating him as an outstanding citizen of Auburn.
For clarification of these minutes, Mayor Booth
presented the proclamation to Mr. Small immediately
following Item II.A.1 of these minutes.
2. Appointments
a) Auburn Downtown Association
City Council consideration on the following
reappointments to the Business Improvement Area
Committee of Ratepayers for the Auburn Downtown
Association.
Position
No. Member Name Business Name Term
4 Pat Hately Allstate Insurance 6/30/97
5 Ji~hmie Kramlich Kramlich Insurance 6~30~99
6 Sharon Doughedy-Smith Uniform Station 6~30~99
7 Patty Osthus Key Bank 6~30~99
8 John Rottie Rotties Apparel 6~30~99
Motion by Councilmember Barber, second by
Councilmember Cerino to approve the
reappointments to the Business Improvement Area
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City of Auburn Council Meeting Minutes June 17. '1996
Committee of Ratepayers for the Auburn Downtown
Association.
MOTION CARRIED UNANIMOUSLY. 6-0.
D. Agenda Modifications
There were no agenda modifications.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
The following hearing is considered a closed record hearing.
Comments with regard to this issue are limited to the existing
record. No new evidence or information is allowed to be submitted.
1. Application No. PLT0001-94R
O3.5.1 PLT0001-94R
The request of Centex Real Estate Corporation to revise the
phasing plan of the Riverwalk subdivision that would provide
for a temporary dead end street to be longer than the City's
standard. The property is located south of Howard Road
and north of the Game Farm Park.
Mayor Booth opened the public hearing and requested
Assistant Planning Director Lynn Rued give a brief staff
presentation.
Assistant Planning Director Rued displayed a drawing of the
preliminary plat and the three phase plan approved by the
City Council last year. Mr. Rued explained that developers
are allowed to phase their plats provided each phase meets
the City's requirements and are constructed so that each
phase can exist independent of the other phases. The final
plat for Division 1 of the Riverwalk subdivision was recently
appreved by the City Council. The applicant, Centex Real
Estate, has requested to revise their phasing plan which will
result in a {emporary dead end street approximately 1,500
feet in length extending. from Division 1 to the Forest Ridge
area. The proposed temporary dead end street exceeds the
City's standard of 600 feet for dead end streets. The dead
end street will be temporary until completion of Phase III and
construction of the connecting street which is anticipated in
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City of Auburn Council Meeting Minutes June 17, 1996
approximately one year. The applicant will be required to
bond construction of the connecting street in the meantime.
If the City Council denies the request, the original approved
plat will still be in effect, and the developer will be required to
construct the connecting street as part of Phase II.
In response to questions from members of the City Council,
Assistant Planning Director Rued confirmed that the two
emergency accesses bordering the Forest Ridge
neighborhood will remain as approved in the preliminary
plat, The developer will be required to bond construction of
the connecting street to ensure its construction should
Phase Ill not be developed. The proposed dead end street
is 50 feet wide and allows for two lanes of traffic and parking
on both sides of the street. The emergency accesses will
remain gated and accessible only for emergency purposes.
In response to a question from Councilmember Poe,
Assistant Planning Director Rued explained that the City
Engineer will determine the bond amount and the street
improvements to be included for bonding.
Councilmember Wagner asked for clarification of the traffic
conditions at the entrance to the proposed phase, steepness
of the road, site distances, and turning movements that
would take place at the entrance to the proposed phase.
Assistant Planning Director Rued explained that the street
patterns are the same as approved in the preliminary plat.
Site distance studies were conducted, and the only site
distance issue existed on one corner lot where the city will
maintain an easement and no house will be built. All other
site distance standards have been met. Mr, Rued explained
that portions of the dead end street are at 12% grade which
is the maximum grade allowed by City standards. Public
Works Director Currie added that Mountain View Drive is at
12% grade with a small portion of the street at approximately
16-17% grade. Public Works Director Currie advised that
the speed limit is 25 mph inside the city limits unless
otherwise posted. No decision has been made to post the
speed limit for the dead end street less than 25 mph. With
regard to the speed limit for Riverwalk Drive SE, Public
Works Director Currie advised that a speed limit has not
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City of Auburn Council Meeting Minutes June 17, 1996
been designated for the street yet. A traffic study would be
required to post the speed limit other than 25 mph.
Mayor Booth asked that public testimony be limited to the
existing record. Mayor Booth explained that the public
hearing this evening is the first closed record hearing held
by the City Council.
Virginia Haugen, 2503 "R" Street SE, Auburn, WA, 98002
Ms. Haugen thanked Assistant Planning Director Rued for
providing her with maps related to tonight's hearing. Ms.
Haugen expressed concern with the closed record hearing
process. Ms. Haugen expressed regret for voting in favor of
the preliminary plat when she was a member of the City
Council and concern for her neighborhood. Mayor Booth
and City Attorney Reynolds requested that Ms. Haugen
restrict her comments to the existing record. Ms. Haugen
requested the City Council not approve the revision to the
preliminary plat.
Larry Smith, 1420 - 5th Avenue, Seattle, WA, 98101
Mr. Smith spoke on behalf of Centex Real Estate
Corporation. Mr. Smith reviewed the Hearing Examiner's
recommendation. He explained the primary difference in the
proposed Phase II from what was previously approved is
that the Phase II develdpment extends to the uphill edge of
the plat. A connection must be made to the water main at
the uphill edge of the plat near the Forest Ridge
neighborhood in order for there to be sufficient water
pressure to serve the development. The revision to the
preliminary plat allows the developer to match the amount of
infrasture with the amount of lots developed. There is no
change in the design of the plat. Mr: Smith pointed out that
the staff recommendation and the Hearing Examiner
recommendation is to approve the preliminary plat revision.
Mr. Smith also pointed out that the street is not the only
access in emergency situations, because of the emergency
access gates from the Forest Ridge neighborhood. Mr.
Smith confirmed that the construction of the connecting
street is bonded, and assured the City Council that Phase III
will be developed. Mr. Smith requested the City Council
approve the revision to the preliminary plat.
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City of Auburn Council Meeting Minutes June 17. 1996
Motion by Councilmember Wagner, second by
Councilmember Cerino to close the public hearing.
MOTION CARRIED UNANIMOUSLY. 6-0.
Motion by Councilmember Singer, second by
Councilmember Poe to approve Application No. PLT001-
94R.
Councilmember Wagner expressed his support of the
emergency access closures located at the uphill edge of the
plat. He also expressed his belief that the entrance to the
subdivision is unsafe and hoped that the developers of the
plat would make the entrance to Phase II less than 12%
grade.
In response to a question from Councilmember Barber,
Assistant Planning Director Rued confirmed that the
conditions of the original preliminary plat are still in effect
and the emergency access gates will remain closed.
Councilmember Cerino expressed concern with the speed of
traffic coming down 27th and 28th Streets as it approaches
the 12% grade. He suggested that stop signs should be
installed at the intersection of 27th and 28th Streets.
Councilmember Poe pointed out that the preliminary plat has
already been approved. He noted that approximately five
lots will front on Riverwalk Drive while the remaining will front
on "V" Court. He expressed his support of the development.
City Attorney Reynolds added that the preliminary plat has
been approved, and the only issue before the City Council
this evening is the request to revise the phasing plan of the
development.
MOTION CARRIED. 5-1. Councilmember Wagner voted
no.
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City of Auburn Council Meeting Minutes June 17, 1996
B. Audience Participation
1. Virginia Haugen, 2503 "R" Street SE, Auburn, WA
Ms. Haugen thanked Don Small for his contributions to the
community. Ms. Haugen also expressed regret that Parks
and Recreation Director Len Chapman is retiring from the
City of Auburn. She thanked him for his service to the City
and the community. Ms. Haugen also spoke in support of a
youth curfew in the city of Auburn. Mayor Booth advised
that the City has been studying the issue of a curfew over
the past year. Mayor Booth indicated he personally
supports a curfew, but a curfew must meet the test of a court
challenge.
Mayor Booth took the opportunity to recognize Nancy Colson in the
audience. Nancy Colson chaired the Mayor's Task Force on
Future Library Services.
2. Nancy Colson, 1543 - 22rid Street NE, Auburn, WA
Ms. Colson spoke regarding proposed Ordinance No. 4871
which would authorize an increase in the real estate excise
tax. Ms. Colson requested that, if the ordinance is adopted,
the City Council provide a 60 to 90 day period before it
becomes effective. Ms. Colson also suggested that
revenues received from the additional excise tax be targeted
for the library. Councilmember Barber advised that the
Finance Committee tabled Ordinance No. 4871 this evening.
Further study will be done on the effect of the ordinance
before it is considered again.
C, Correspondence
There was no correspondence for City Council review.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Chair Brothers reported the Municipal Services Committee met this
afternoon at 4:30 p.m. The Committee recommends City Council
approval of Resolution No. 2751 which provides for an agreement
for firefighter standby at selected events at Emerald Downs. The
cost of the standby service will be borne by Emerald Downs. The
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City of Auburn Council Meeting Minutes June 17, 1996
Committee also considered and recommends City Council approval
of the bid award for a new fire pumper. The Committee received a
report from Police Officer Dennis Cunningham on the GREAT
Program, a gang resistance education program being offered to
students in the Auburn Schools. The next regular meeting of the
Municipal Services Committee is scheduled for Monday, July 1,
1996, at4:30 p.m.
B. Planning & Community Development
Vice Chair Wagner reported the Planning and Community
Development Committee met June 6, 1996. The Committee
recommends approval of the Retired Senior Volunteer Program.
The Committee received an update on the Arts Commission. The
next meeting of the Planning and Community Development
Committee is scheduled for July 1, 1996 at 6:00 p.m.
C. Public Works
Chair Wagner reported the Public Works Committee met June 3,
1996. The Committee received a presentation on the
Nonmotorized Transportation Plan, reviewed the Six Year
Transportation Improvement Program, and discussed water rates.
Chair Wagner further reported the Public Works Committee met
this evening at 5:30 p.m. and discussed water rates and the
Transportation Improvement Program. The next meeting of the
Public Works Committee is scheduled for July 1, 1996 at 4:30 p.m.
D. Finance
Chair Barber reported the Finance Committee met this evening at
7:00 p.m. The Committee discussed and tabled Ordinance No.
4871, discussed Resolution No. 2751, and discussed the fire
apparatus pumper bid. The Committee recommends City Council
approval of claims and payroll vouchers. The next regular meeting
of the Finance Committee is scheduled for July 1, 1996 at 7:00
p.m.
IV. CONSENT AGENDA
A. Minutes
1. Minutes of the June 3, 1996 regular City Council meeting.
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City of Auburn Council Meetino Minutes ' June t7, 1996
B. Vouchers
F4.9,2, F4.9.5
1. Claims
Claims check numbers 112259 through 112568 in the
amount of $2,096,056.55 for Period 19 are approved for
payment June 17, 1996.
2. Payroll
,,,) Payroll check numbers 230323 to 230741 in the amount of
~ $1,226,635.60 and Direct Payroll Deposit transmissions in
~']~J Jun~'i~, 1996 are approved for payment this 17th day of
June, 1996.
C. Contract Administration
1. Fire Apparatus Pumper
02.9, F4.6
City Council to award the bid to Pierce Manufacturing, Inc.,
in the amount of $256,331.00 for the purchase of a fire
apparatus pumper.
D. Liquor License
A5.6.1
1. Home Plate Tavern
City Council consideration of approval, subject to
compliance with all applicable City Code requirements and a
valid occupancy permit, of a Class B, C, E, and F
assumption liquor license for Home Plate Tavern located at
144 East Main Street in Auburn.
2. Emerald Downs
City Council consideration to approve, subject to compliance
with all applicable City Code requirements and a valid
occupancy permit, of a Class H and R liquor license
application for Emerald Downs located at 350 29th Street
N.W. in Auburn.
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City of Auburn Council Meeting Minutes June 17, 1996
Motion by Councilmember Barber, second by Councilmember Brothers to
approve the Consent Agenda.
MOTION CARRIED UNANIMOUSLY. 6-0.
V. UNFINISHED BUSINESS
There were no items for City Council review under this section.
VI. NEW BUSINESS
There were no items for City Council review under this section.
VII. ORDINANCES AND RESOLUTIONS
A. Ordinances
1.Ordinance No. 4871
A3.5.5.3, F6.6
An Ordinance of the City of Auburn, Washington amending
Auburn City Code Chapter 3.56 Real Estate Excise Tax,
specifically Sections 3.56.010, 3.45.020 and 3.45.040 B,
imposing an additional quarter percent real estate excise
tax.
Ordinance No. 4871 was tabled by the Finance Committee
and was withdrawn from this evening's agenda,
2. Ordinance No. 4872
O3.1, A3.5.5.14
An Ordinance of the City Council of the City of Auburn,
Washington, relating to the establishment of development
agreements, preannexation agreements and the issuance of
water and sewer availability certificates; requiring and
establishing a process for public hearings, adopting
administrative procedures for the review of water and sewer
availability applications; and adding a new Chapter 14.18 to
the Auburn City Code in order to implement Chapter 36.70B
RCW requirements.
Motion by Councilmember Wagner, second by
Councilmember Singer to introduce and adopt Ordinance
No. 4872.
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City of Auburn Council Meeting Minutes June 17, 1996
MOTION CARRIED UNANIMOUSLY. 6-0.
3. Ordinance No. 4873
O3.10.1 CUP0001-96
An Ordinance of the City of Auburn, Washington, providing
for a conditional use permit to allow the construction of a
dental clinic on property zoned R-2 (Single Family) located
at the northwest corner of 4th and "D" Street SE, within the
city of Auburn, Washington.
Motion by Councilmember Wagner, second by
Councilmember Singer to introduce and adopt Ordinance
No. 4873.
MOTION CARRIED UNANIMOUSLY. 6-0.
4. Ordinance No. 4874
03.8 REZ0002-96
An Ordinance of the City of Auburn, Washington, providing
for the rezoning of property located at 222 and 238 "N"
Street SE, within the city of Auburn, Washington, changing
the zoning classification thereof from R-2 (Single Family) to
"1" (Institutional).
Motion by Councilmember Wagner, second by
Councilmember Singer to introduce and adopt Ordinance
No. 4874.
MOTION CARRIED UNANIMOUSLY. 6-0.
5. Ordinance No. 4875
A3.5.5.16
An Ordinance of the City of Auburn, Washington, amending
Ordinance No. 4840 passed March 6, 1996 to correct a
SCriveRer's error.
Motion by Councilmember Wagner, second by
Councilmember Singer to introduce and adopt Ordinance
No. 4875.
MOTION CARRIED UNANIMOUSLY. 6-0.
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City of Auburn Council Meeting Minutes June 17, 1996
6. Ordinance No. 4876
F5.4.4, O4.9.1
An Ordinance of the City Council of the City of Auburn,
Washington, authorizing the acceptance of a grant from the
Transportation Improvement Board for construction of
sidewalk improvements along Auburn Way South in the
vicinity of Les Gove Park, improve pedestrian access to King
County Metro Transit, Library and Senior Center.
Motion by Councilmember Wagner, second by
Councilmember Poe to introduce and adopt Ordinance No.
4876.
MOTION CARRIED UNANIMOUSLY. 6-0.
7. Ordinance No. 4877
F5.4.4, O4.12.1
An Ordinance of the City Council of the City of Auburn,
Washington, authorizing the acceptance of a Transportation
Improvement Account grant funds and the acceptance of
ISTEA grant funds for the South 277th Street Reconstruction
Project transferring funds previously accepted by Ordinance
No. 4831.
Motion by Councilmember Wagner, second by
Councilmember Poe to introduce and adopt Ordinance No.
4877 as amended in this evening's Public Works Committee
meeting, specifically to amend Paragraph G on page 3 of
the Agreement by inserting a period after the word Project
and deleting the remainder of the sentence.
MOTION CARRIED UNANIMOUSLY. 6-0.
B. Resolutions
1. Resolution No. 2737
F1.7, A3.5.13
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
an amended Interlocal Agreement with South King County
Community Network authorizing the City of Auburn to act as
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City of Auburn Council Meeting Minutes June 17. t996
a depository of funds belonging the South King County
Community Network.
Motion by Councilmember Barber, second by
Councilmember Brothers to adopt Resolution No. 2737.
MOTION CARRIED UNANIMOUSLY. 6-0.
2. Resolution No. 2738
O4.4.9.1.3
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
Master Ground Lease between the City of Auburn and the
Department of Transportation, Federal Aviation
Administration, providing for the construction, operation and
maintenance of government owned navigational aid systems
at the Auburn Municipal Airport.
Motion by Councilmember Wagner, second by
Councilmember Singer to adopt Resolution No. 2738.
In response to an inquiry by Councilmember Wagner,
Planning and Community Development Director Krauss
explained that the Lease covers the lease of the land for the
approach light system and does not include any additional
property. The purpose is to incorporate the current land
lease in a different lease format.
MOTION CARRIED UNANIMOUSLY. 6-0.
3. Resolution No. 2750
04.4.2
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
a Memorandum of Understanding between King County
Retired Senior Volunteer Program and the City of Auburn,
for the purpose of volunteer recruitment at the Auburn
Senior Center.
Motion by Councilmember Wagner, second by
Councilmember Cerino to adopt Resolution No. 2750.
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City of Auburn Council Meeting Minutes June 17, 1996
MOTION CARRIED UNANIMOUSLY. 6-0.
4. Resolution No. 2751
03.3.4
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
an Agreement between Emerald Downs/Northwest Racing
and the City of Auburn to provide for Auburn firefighter
standby on selected event dates as required in City of
Auburn Ordinance No. 4689, Paragraph 9D.
Motion by Councilmember Brothers, second by
Councilmember Cerino to adopt Resolution No. 2751.
MOTION CARRIED UNANIMOUSLY. 6-0.
VIII. MAYOR'S REPORT
A. Bale et al versus City of Auburn
City Attorney Reynolds updated the City Council on the status of
litigation referred to as Bale et al versus the City of Auburn. The
plaintiff in the litigation questioned and attacked the City's
establishment of the Business Improvement Area (BIA). The
matter had been pending for trial before the King County Superior
Court. City Attorney Reynolds reported that a motion and
argument by the plaintiff to certify the lawsuit as a class action
lawsuit was denied by King County Superior Court. The City then
demanded a motion for summary judgment of the case. Last week,
King County Superior Court ruled that the City of Auburn acted
properly when the City Council adopted its ordinance in 1994 to
correct a previous publication problem. Therefore, the action of the
City Council was determined to be valid, and the Court upheld the
BIA and the case was dismissed.
B. Executive Session
Mayor Booth recessed the regular meeting to executive session at
8:40 p.m. in order to discuss a settlement agreement, potential
litigation, and real estate issues. City Council action is anticipated
as a result of the executive session.
Mayor Booth reconvened the regular meeting at 9:18 p.m.
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City of Auburn Council Meeting Minutes June '17, '1996
Primark versus City of Auburn
City Attorney Reynolds recommended that the City Council
authorize Mayor Booth to execute a settlement agreement between
the ST Corporation and the City of Auburn, which is the settlement
of litigation previously referred to as Primark versus City of Auburn,
under King County Cause No. 93-2-17065-3.
Motion by Councilmember Wagner, second by Councilmember Poe
to approve the settlement agreement as recommended by City
Attorney Reynolds.
MOTION CARRIED UNANIMOUSLY. 6-0.
IX. ADJOURNMENT
There being no further business to come before the City Council this
evening, the meeting adjourned at 9:20 p.m.
Approved on the / ~ day of ~.~ ,1996.
Charles A. Booth, Mayor Robin Wohlhueter, City Clerk
96M6-17.DOC
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