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HomeMy WebLinkAbout04-21-1997 Council Minutes CITY OF AUBURN COUNCIL MEETING MINUTES April 21, 1997 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 Mayor Booth and the following members of the City Council were in attendance: Rich Wagner, Jeanne Barber, Trish Borden, Fred Poe, Gene Cerino, and Stacey Brothers. Councilmember Sue Singer was excused from the meeting. Staff members present included: Police Chief Dave Purdy, Fire Chief Bob Johnson, Assistant Personnel Director Dan Watts, Parks and Recreation Director Dick Deal, Recreation Manager Brian Petty, Finance Director Diane L. Supler, City Engineer Dennis Dowdy, Design Engineer Jack Locke, Traffic Engineer Steve Mullen, 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) Proclamations A1.8 (1) Volunteer Week Mayor Booth to present a proclamation proclaiming April 20 through April 26, 1997 as Volunteer Week. Page1 City of Auburn Council Meeting Minutes April 21, 1997 Mayor Booth read a proclamation declaring the week of April 20 through April 26, 1997 as Volunteer Week. Mayor Booth presented proclamations to the following volunteers in recognition and appreciation for the dedication and contributions they have made to the community: Judy Eidal representing the Canterbury House, Helen Spencer representing the Senior Center and Retired Senior and Volunteer Program, Judy Covington representing the Auburn Police Department, Jerry Bowles representing the Auburn Parks and Recreation Department, Sauce Shimojima representing Valley Cities Counseling and Consultation, Liz Kapinos representing the Friends to Friends Program, Elaine Prenevost representing Community Supper and Pregnancy Aid Programs, and Brian Winslow representing the Auburn Ham Radio Operators. Volunteer Dena Stapish representing the Auburn Public Library could not attend the meeting this evening. 2. Appointments There were no appointments for City Council consideration this evening. D. Agenda Modifications There were no agenda modifications. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Local Improvement District No. 347 F2.4.9 LID 347 The City Council of the City of Auburn, pursuant to Resolution No. 2832, adopted March 17, 1997, has declared its intention to initiate the formation of Local Improvement District No. 347 to make street improvements including the construction of the east half-street, including 24 foot pavement, curb and gutter, sidewalk, driveways, water, Page 2 City of Auburn Council Meeting Minutes April 21, 1997 sewer stubs for future extension, storm drainage, lighting and undergrounding existing power to "B" Street NW and other improvements related thereto, and to assess a part of the cost and expense of those improvements against the property in that district specially bene~ted thereby. All persons desiring to object to the proposed improvements and formation of the local improvement district are requested to present their objections at the hearing. Mayor Booth opened the public hearing. Design Engineer Jack Locke presented the staff report regarding Local Improvement District (LID) No. 347. Mr. Locke presented a handout of his presentation. LID No. 347 calls for the improvement of "B" Street NW from 30 th Street to 37th Street NW. Mr. Locke explained that following the public hearing, the City Council will consider Ordinance No. 4955 which establishes the LID and its boundaries, defines the improvements, provides a preliminary cost estimate, and directs the construction of the project. Mr. Locke described "B" Street NW, between 30th and 37th Streets, as one of the worst streets in the city. Construction of the half street consists of a 24-foot pavement section, undergrounding of power, street lighting, curbs and gutters, sidewalks, and some utility improvements. The estimated project cost is $935,000. Mr. Locke recalled that development occurred along "B" Street NW in the 1980's. Most of the property owners who developed along "B" Street NW requested delays in making haft street improvements which are usually required at time of development. Several property owners were granted delays and entered into Street Delay Agreements which allowed them to proceed with their development and delay the street improvements until such time the City formed an LID to construct the street. The LID consists of 16 parcels of property; 12 parcels have recorded Street Delay Agreements or short plat requirements. Mr. Locke described the method for assessment. The assessment is calculated by a weighted area with two zones. Zone 2 equals one-half of Zone 1. The method for assessment is based on the assumption the front half of the property which is closest to Page 3 City of Auburn Council Meeting Minutes April 21, 1997 the improvement benefits more than the back half of the property. Zone 1 assessments are calculated at $0.85 per square foot, and Zone 2 assessments are calculated at $0.43 per square foot. Some wetlands have been delineated on the properties, while some have not. For the purpose of the preliminary assessment, the wetland areas are not included in the calculations. Some adjustment in the final assessment is expected to account for the wetland areas. Mr. Locke explained the next steps in formation of the LID. If the Council adopts Ordinance No. 4955 this evening, a 30- day protest begins after publication of the ordinance. At the end of the protest period, the City Engineer will complete the engineering, advertise for bids, begin construction in June 1997 with completion estimated for November 1997. After construction is complete, the final assessment roll hearing is held to provide an opportunity for further comments before adoption of the final assessment roll. Mr. Locke estimated the first payment on the LID would be due February 1999. Councilmember Brothers questioned the cost estimate of the project. Councilmember Poe explained the assessments are estimated at $855,000 while the total project cost is estimated at $935,000. The $80,000 difference is the City's contribution to the project. Councilmember Cerino questioned the half street improvement under the short plat requirement. Design Engineer Locke explained that short platting on "B" Street has occurred, but the required street improvements have not been constructed. The street improvements would need to be completed prior to issuance of any permit for development on the short plat property. Councilmember Wagner questioned the methodology for calculating the assessments. Design Engineer Locke explained the property is divided into two zones. Zone 1 consists of the front one-half of the properties nearest "B" Street. Zone 1 is assessed at a rate of $0.85 per square foot. Zone 2 consists of the back half of the properties and is assessed at half the Zone 1 rate or $0.43 per square foot. Page 4 City of Auburn Council Meeting Minutes April 21, 1997 Wetlands are not included in the preliminary calculations for assessment. Although not all wetlands have been delineated, some estimates of the amount of wetlands have been made. If there are significantly more wetlands identified, the amount of the remaining assessments could increase. John Paul Turner, Rodgers & Deutsch, Three Lake Bellevue Drive, Ste 100, Bellevue, WA, 98005 Mr. Turner identified himself as the attorney representing all the property owners within Local Improvement District (LID) No. 347. Mr. Turner advised there are eight property owners affected by the LID. Some of the property owners own multiple parcels affected by the LID. Mr. Turner presented a letter addressed to the Mayor and City Council dated April 21, 1997, with attached exhibits 1 through 9, and a letter addressed to the Mayor and City Council dated April 21, 1997 which describes several issues the property owners request the City address. Mr. Turner explained the property owners are not opposed to improving "B" Street NW. The property owner's concerns relate to the proposed improvement plan as it exists and the requirement for the property owners to effectively pay for half of a four-lane arterial. According to Mr. Turner, Chris Brown, a professional engineer for the property owners, determined there is no necessity for four lanes and there is no evidence the City intends to build four lanes. Mr. Turner proposed improving "B" Street NW as a three lane street, consisting of two lanes with a middle left-turn lane. He also contended that 80% of the traffic on "B" Street NW is external to the LID and is community travel. Mr. Turner noted the City is contributing approximately 8.5% of the cost of the LID while the remaining costs will be borne by eight property owners. Mr. Turner questioned whether an appraiser could establish sufficient benefit to the property owners to justify the LID. He proposed that the City and the property owners work together to develop an improvement plan. Mr. Turner also expressed concern with flooding on "B" Street NW. According to Mr. Turner, the property owners' Page 5 City of Auburn Council Meeting Minutes April 21. 1997 consultant, Shupe Holmberg, advises that the storm drainage improvements included in the LID will not alleviate flooding in the area. Mr. Turner also suggested that the City appraise the properties now to determine whether the properties will be specially beneflted by the LID. Christopher Brown, 879 Rainier Avenue North, Suite A201, Renton, WA, 98055 Mr. Brown was introduced as the traffic engineer and consultant for the property owners. Mr. Brown's previous experience includes work as the traffic engineer on the East Valley Local Improvement District (LID) in the city of Renton. Mr. Brown explained that the East Valley LID was constructed as a three lane street based on a long-range forecast for the potential traffic load. The road bed was then designed sufficient to carry the potential loading which reduces future maintenance costs. Mr. Brown acknowledged that the condition of "B" Street NW is distressed. The existing traffic on "B" Street NW is on the average approximately 4,000 vehicles per day with a peak hour of 530 vehicles. Since "B' Street NW is a discontinuous street, Mr. Brown questioned whether the traffic volumes would increase in the future. He suggested that if traffic volumes are not expected to increase, a three- lane roadway may be a more appropriate design than a four- lane design. Mr. Brown suggested establishing a design year for the project with level of development to determine the traffic demands for the roadway. Mr. Brown questioned whether the current design is the best solution. Councilmember Brothers asked Mr. Brown whether any formula exists to determine whether a road system is cost effective based on the traffic volume. Mr. Brown responded that he cannot determine a per vehicle cost without a long range forecast. Paul Beaupre, Beau Mac Enterprises, 3280 "B" Street NW, Unit B, Auburn, WA, 98001 Mr. Beaupre identified himself as a 20 year resident of the city of Auburn. Mr. Beaupre advised that according to his experience over the past eight years, "B" Street NW has not flooded. However, 37th and 30th Streets have flooded. Mr. Page 6 City of Auburn Council Meeting Minutes April 21, 1997 Beaupre expressed concern with potholes on "B" Street NW and the timeliness and efficiency of their repair by the City. Mr. Beaupre estimated that less than 20 percent of the traffic on "B" Street is generated by businesses on "B" Street NW. He also pointed out that whenever traffic is congested on Highway 167, commuters use "B" Street NW to bypass highway traffic. Mr. Beaupre expressed his opposition to assessing only the "B" Street NW property owners. He encouraged the City Council to review the project. Dave Young, D. M. Young Construction Company, 3402 "C" Street NE, Auburn, WA, 98002 Mr. Young identified himself as the owner of parcel number 158060-0232. Mr. Young expressed his opposition to the LID in its current form. He indicated he is not opposed to improvement of "B" Street NW. He contended there is no evidence that the property owners along "B" Street NW will benefit substantially from the proposed improvements. He referred to a request made by Mr. Chadek to the City of Auburn for appraisals or other documentation to support the preliminary assessments. He indicated the responses to Mr. Chadek from Design Engineer Locke and the appraiser did not identify the special benefit the property owners would obtain through the LID. Mr. Young pointed out that the types of businesses along "B" Street NW do not depend upon or benefit from the curb appeal that a new street provides. He requested the City Council and staff review the LID proposal to determine a better method of sharing the costs of the LID since the public at large is the primary beneficiary of the improvements. Tom Alvis, 3102 "B" Street NW, Auburn, WA, 98001 Mr. Alvis identified himself as the owner of parcel number 158060-0270. Mr. Alvis expressed his agreement with comments already given this evening by other property owners. He agreed that at least 80 percent of the traffic on "B" Street NW is unrelated to the businesses on "B" Street. He objected to Burlington Northern Railroad not sharing in the cost of the LID. Mr. Alvis requested the City propose a sensible plan for construction of a complete street, and the City participate in a greater share of the cost. Page 7 City of Auburn Council Meeting Minutes April 21, 1997 John Paul Turner, Mr. Turner offered to make the property owners' consultants available to City staff to review the details of their analysis documentation. He encouraged City staff to contact him directly to facilitate any meetings between City representatives and the property owners' consultants. Councilmember Wagner asked Mr. Turner the length of time the property owners have bene~ted from the street delay agreement. Mr. Turner responded that he could not speak on an individual property basis. In response to a question from Councilmember Wagner, Design Engineer Locke estimated that most of the street delay agreements on "B" Street were entered into in the mid 1980's. Clyde Hall, 3260 "B" Street NW, Auburn, WA, 98001 Mr. Hall identified himself as a tenant of 3260 "B" Street NW. Mr. Hall asked that the City Council give the property owners and their representatives an opportunity to express their opinions. Jeff Bradley, 3240 "B" Street NW, Auburn, WA, 98001 Mr. Bradley identified himself as an employee of Auburn LTD located at 3240 "B" Street NW. Mr. Bradley expressed opposition to assessing the cost of the LID to the "B" Street NW property owners. He encouraged the City Council to look to other funding sources to pay for the LID. Motion by Councilmember Wagner, second by Councilmember Cerino to close the public hearing. Councilmember Poe recalled that most streets in the area of the proposed LID were constructed through the LID process or a combination of Urban Arterial funds and a local improvement district. He advised that the Public Works Committee investigated other funding sources for the LID; however, the City does not have sufficient funding to build streets. He suggested the matter be referred back to the Public Works Committee. MOTION CARRIED UNANIMOUSLY. 6-0. Page 8 City of Auburn Council Meeting Minutes April 2t, 1997 For the benefit of the members of the audience, the City Council considered Ordinance No. 4955 immediately following conclusion of the hearing. Mayor Booth read Ordinance No. 4955 by title only. For discussion and action on Ordinance No. 4955, see Item VII.A.2 of these minutes. 2. Application No. PLT0006-95 03.5 PLT0006-95 The following is a closed record heating where comments are limited to the existing record and no new evidence or information is allowed to be submitted. The request of the South Seventh Corporation for preliminary plat approval for a 6-lot subdivision on approximately 15.2 acres located at the southwest corner of 15th and "O" Street SW. See Item II.A.3 of these minutes for the combined hearing on Application Numbers PLT0006-95 and REZ0004-95. 3. Application No. REZ0004-95 03.8 REZ0004-95 The following is a closed record heating where comments are limited to the existing record and no new evidence or information is allowed to be submitted. The request of the South Seventh Corporation to rezone a 15.2 acre parcel of property located at the southwest corner of 15th and "O" Street SW from M-l, Light Industrial, to BP, Business Park. Mayor Booth opened the combined the closed record hearing on Application Number PLT0006-95 and Application Number REZ0004-95. The closed record hearings were combined since they relate to the same project. Councilmember Poe excused himself from the meeting to avoid an appearance of fairness with regard to Application Numbers PLT0006-95 and and REZ0004-95. Page 9 City of Auburn Council Meeting Minutes April 21, t997 Assistant Planning Director Rued presented the staff report on the application for a proposed rezone to Business Park and the application to replat the property from eight lots to six lots. Mr. Rued displayed an overhead transparency of the area of the proposed rezone with surrounding zones identified and an aerial photo of the area with the project site outlined. The applications were heard by the Hearing Examiner approximately a year ago, and a recommendation was subsequently made to the City Council. An appeal of the City's environmental determination on the project was filed by the Hapsmith Company. The Hearing Examiner ultimately upheld the City's decision and denied the appeal. The Hapsmith Company filed the appeal in an attempt to convince the Examiner that an environmental impact statement should be conducted for the project. The Examiner ruled an environmental impact statement is not required. Assistant Planning Director Rued noted that the South Seventh Corporation's application is the first application for rezone to the Business Park designation. The intent of the Business Park zone is to attain a better plan for development than may be attained through existing zoning on the property. The South Seventh Corporation's property is currently zoned M-l, light industrial. A Business Park zone can be located in either an M-l, M-2 or C-3 zone. The Business Park zone can pick from the uses allowed in the three zones. The City Council decides which uses should be allowed in the Business Park. Staff recommends the following uses for the Business Park zone: automobile service station, bank, convenience grocery store, daycare, restaurant, health and physical fitness club, personal service shop (i.e. barber shop, beauty salon), professional offices, secretarial services, motel, meeting rooms, and theater. With the exception of the meeting rooms and theater, all of the uses are currently allowed in the M-1 zone. The theater and meeting rooms are allowed in a C-3 zone. If the City Council approves the rezone, the Business Park rezone is implemented through a contract rezone. The City Council will approve the Business Park zoning for the property, establish the uses, and any other conditions for Page 10 City of Auburn Council Meeting Minutes April 21, 1997 approval. The next step requires the property owner to develop a specific site plan for the uses and conditions approved. The site plan must be approved by the Planning Director. Mr. Rued addressed the concern of whether the proposed project is consistent with the Comprehensive Plan LU-74 policy. He indicated because of the physical constraints of the area together with the other uses, other commercial spin off is unlikely. Using an overhead transparency of the proposed rezone site, Mr. Rued pointed out the existing uses of area property. Mr. Rued noted there is little remaining available property in the area of the Supermall for development. Mr. Rued presented a site plan of the property. The development includes construction of a new street through the site which all lots will access from rather than from 15th Street. All lots will have the same landscape design and sign package and will share parking and be connected by walkways. Mr. Rued reported the development meets the criteria of Comprehensive Plan Policy LU-74: the development is limited to office, entertainment or other uses such as motels; and the development is 15 acres in size. Two traffic studies were conducted on the project, and traffic impacts have been mitigated.. Mr. Rued noted that the Mr. G. Richard Hill, the attorney representing the applicant, has submitted a letter to the City Council outlining the applicant's position. The applicant has requested the City Council approve the plat and conceptual rezone with direction to staff that the rezone shall be actualized upon approval of the final site plan and designation of approved uses. Because of recent developments at the Supermall site with the construction of a theater and plans for a motel and restaurant there, South Seventh Corporation wants to keep its options open under the M-1 zoning for a period of time. Page 11 City of Auburn Council Meeting Minutes April 21, 1997 In response to a question from Councilmember Brothers, Mr. Rued explained that although theaters are not a permitted use in a M-1 zone, commercial recreation uses may be permitted. Councilmember Borden questioned the process for changing any of the uses designated for the Business Park. Mr. Rued advised that any change in use would require a new public hearing process and environmental review. Mr. Rued explained the property is currently zoned M-1. A rezone to Business Park reduces the options for the properly. Because of the construction of the theater at the Supermall and additional plans for motel and restaurant at the Supermall, the South Seventh Corporation may change their plans for the property use. The applicant also wants the ability to market the site as a Business Park as well. Mr. Rued advised no time limit has been discussed. However, the applicant must submit a final site plan to the Planning Director as part of the Business Park process. The zoning change could be implemented upon approval of the final site plan. City Attorney Reynolds questioned the reason for bringing the rezone application forward at this time. Mr. Rued explained the applicant is reviewing some other proposed uses allowed under the M-1 zone but are not included in the list of uses for Business Park. He noted that when the applicant first applied for the rezone, similar competition did not exist at the Supermall. In response to a question from Councilmember Wagner, Assistant Planning Director Rued advised the street within the business park will be a dedicated street. Mr. Rued responded to a question from Councilmember Borden regarding a statement contained in the record that 77 acres exist in the vicinity of the Supermall for possible commercial development. The 77 acres consist of vacant and/or underdeveloped area. The 77 acres include the school bus garage and other sites which are currently in use. Other than the subject site, there are approximately Page 12 City of Auburn Council Meeting Minutes April 21, 1997 tWo acres which are vacant at this time. All other areas would need to be converted. Councilmember Borden recalled that Mr. R. D. Campbell previously expressed concern with storm drainage problems on 'his property as a result of development near the Supermall. Assistant Planning Director Rued advised that the property can be developed with or without a rezone under the City's storm drainage policies. As a Business Park, the storm drainage system can be developed as one system. If the property develops as M-1 and as eight separate parcels, each development would be required to have its own storm drainage system. City Engineer Dowdy presented a schematic drawing of the storm drainage basin located at the Supermall site. He indicated developing the project site as one parcel will facilitate planning for the storm drainage system. Mr. Dowdy presented a comparison of the storm drainage criteria for the project site to the Supermall site. He noted that the project site provides more detention volume per unit of impervious surface than the Supermall site. Post-development run-offs and pre-development run- offs must match regardless of whether the site develops as eight different parcels or as one parcel. Mr. Dowdy also pointed that the City has jurisdiction over less than tWo percent of the property upstream from SR 18. Councilmember Borden noted the Hearing Examiner requested an additional traffic analysis for the development. Traffic Engineer Steve Mullen responded to questions regarding the traffic analyses. Mr. Mullen reported the additional traffic analysis requested by the Hearing Examiner for analysis of the Saturday traffic volumes and the level of service during Boeing peak hour. Staff determined that the trip generation during the Boeing peak hour was light and insignificant compared to the PM peak hour. An analysis was also conducted for the hour betWeen 11:00 p.m. and midnight when the theater closes. The analysis revealed no impact. The analysis of the Saturday afternoon level of service determined the level of service below the peak hour level of service standard. Mr. Rued also added that the traffic analysis was based on the proposed uses of Page 13 City of Auburn Council Meeting Minutes April 21. 1997 restaurants, gas station, theater, and a motel. Any change in the uses will require an additional traffic study. Assistant Planning Director Rued responded to questions regarding the on-site wetlands. Small wetlands exist on the north and west sides of the property. Councilmember Wagner questioned the traffic mitigation. Traffic Engineer Mullen explained that the level of service standard was affected at two intersections only. Mr. Rued also added that the mitigated conditions attached to the environmental review cannot be altered. If the Council determines that additional mitigations are needed based upon policies and identified impact, the additional mitigations can be made part of the rezone conditions. Allan H. Ferrin, 1017 Minor Avenue, Suite 1001, Seattle, WA, 98104 Mr. Ferrin submitted a copy of his comments for the record. He briefly reviewed the history of the project. Formal application for the project proposal was submitted May 5, 1995. The proposal was the result of months of discussions and review by City staff. The application included a traffic impact analysis and a preliminary storm water drainage report. The final storm water analysis concluded that the project's discharge would have negligible impact. The issuance of the Final Mitigated Determination of Non- Significance for the project on February 15, 1996 was appealed by the Hapsmith Company. The appeal was heard by the Hearing Examiner, who ultimately denied the Hapsmith Company appeal. Mr. Ferrin noted that since the submittal of the South Seventh Corporation application, hearings and studies have been conducted and appeals made to delay the project. During the City's review of the proposed project, a cinema was constructed at the Supermall and prospective tenants have withdrawn. Mr. Ferrin requested the City Council approve the rezone to Business Park but delay the effectiveness of the rezone until formally requested by the applicant. The delay will enable the developer to either go ahead with the development under the Business Park zone or resubmit for a use currently allowed under the existing M-1 zone. Page 14 City of Auburn Council Meeting Minutes April 21, 1997 Tim Miller, Transportation Consulting Northwest, 1607 East Main Street, Auburn, WA, 98002 Mr. Miller reported he is with the firm of Transportation Consulting Northwest which prepared the traffic analysis for the South Seventh Corporation project. Mr. Miller explained their first analysis utilized the build-out projections for the Supermall. Subsequently, the Supermall released their findings of current traffic volumes compared to their original projections. Mr. Miller found that the Supermall's traffic volume projections were overestimated by 39%. When the supplemental traffic analysis was conducted for South Seventh Corporation, the new information on the Supermall traffic volumes were considered. As a result, the second analysis revealed that all intersections performed better during all periods. Mr. Miller reported there are no impacts that require mitigation. Motion by Councilmember Borden, second by Councilmember Wagner to close the public hearing. MOTION CARRIED UNANIMOUSLY. 5-0. Councilmember Borden expressed concern with the applicant's request to delay the effect of the rezone. City Attorney Reynolds suggested that if the City Council wants to accommodate the applicanrs request, the City Council can adopt an ordinance with a specific effective date in the future beyond five days after publication of the ordinance. Rich Hill. 2025 First Avenue, Seattle, WA Mr. Hill identified himself as the attorney for the applicant, South Seventh Corporation. He indicated that the applicant is willing to proceed with the rezone request. If the applicant requests an additional use in the Business Park zone, the applicant will apply for an amendment. Assistant Planning Director Rued advised that any change in the Business Park uses after the rezone is in effect will require a rezone application and an environmental review. Page15 City of Auburn Council Meeting Minutes April 21. 1997 Motion by Councilmember Borden, second by Councilmember Wagner to approve the preliminary plat based on the Hearing Examiner's Findings of Fact, Conclusions and Conditions, and instruct the City Attorney to prepare the necessary resolution. MOTION CARRIED UNANIMOUSLY. 5-0. Motion by Councilmember Borden, second by Councilmember Wagner to approve the rezone based on the Hearing Examiner's Findings of Fact, Conclusions and Conditions, and instruct the City Attorney to prepare the necessary ordinance. MOTION CARRIED UNANIMOUSLY. 5-0. Councilmember Poe returned to the City Council meeting at this time. B. Audience Participation There were no requests from the audience to speak. C. Correspondence 1. A letter addressed to the Auburn City Council from G. Richard Hill of the firm Phillips, McCullough, Wilson, Hill & Fikso, dated April 16, 1997 regarding the application of South Seventh Corporation. 2. A letter addressed to the Auburn City Council from the Washington State Boundary Review Board for King County dated April 15, '1997 regarding the Stewart Annexation. III. COUNCIL COMMITTEE REPORTS A. Municipal Services The Municipal Services Committee did not meet this afternoon. Chair Brothers reported the next regular meeting of the Municipal Services Committee is scheduled for Monday, May 5, 1997 at 4:30 p.m. Page 16 City of Auburn Council Meeting Minutes April 21. 1997 B. Planning & Community Development Chair Borden reported the Planning and Community Development Committee met April 14, 1997. The Committee discussed a Concessionaire Agreement with the Auburn Little League for the Brannan Park concession, a contract with the South King County Community Network, and a contract with the King County Community Services Division. The next regular meeting of the Planning and Community Development Committee is scheduled for Monday, April 28, 1997 at 7:30 p.m. C. Public Works Chair Wagner reported the Public Works Committee met April 14, 1997. The Committee discussed Ordinance No. 4924 and the Sewer Connection Agreement with the Muckleshoot Tribe. Chair Wagner reported he expects Councilmember Poe to propose amendments to Ordinance No. 4924 this evening. Chair Wagner reported the Sewer Connection Agreement' contains some minor amendments to the previous agreement as requested by the Bureau of Indian Affairs. The next regular meeting of the Public Works Committee is scheduled for Monday, April 28, 1997 at 5:30 p.m. D. Finance Chair Barber reported the Finance Committee met this evening at 7:00 p.m. The Committee discussed Ordinance No. 4955, Resolution No. 2834, draft Ordinance No. 4968, and claims and payroll vouchers. The next regular meeting of the Finance Committee is scheduled for Monday, May 5, 1997 at 7:00 p.m. IV. CONSENT AGENDA A. Minutes 1. Minutes of the April 7, 1997 regular City Council meeting. B. Vouchers F4.9.2, F4.9.5 1. Claims Claims check numbers 121763 through 122309, including voided claims check numbers 121785 through 121925, in Page 17 City of Auburn Council Meeting Minutes April 21. 1997 the amount of $1,367,075.84 for Period 17 and dated April 21, 1997. 2. Payroll Payroll check numbers 238021 to 238300 in the amount of $948,601.04 and Direct Payroll Deposit transmissions in the amount of $239,512.42 for a grand total of $1,188, 113.46 for the pay period covering April 8, 1997 to April 8, 1997 are approved for payment this 21 st day of April, 1997. C. Contract Administration 1.Small Works Contract No. 97-11 O4.11.1 City Council to award Small Works Contract No. 97-11, to Don Olson Construction on their low bid of $23,245.00 for water hydrant modifications and upgrades located on Auburn Way South, approximately 500 feet NE of Poplar Street east to the city limits. 2. Public Works Project Number PR 567A, Small Works Contract No. 97-08 O4.8.1 PR 567A City Council to award Small Works Contract No, 97-08, Public Works Project Number PR 567A, the Demolition of the Neely Residence, to Brad Mason Trucking & Excavating on their low bid of $18,833. D. Surplus Property F4.6.1 1. Public Works Department City Council to authorize the surplus and sale of the following vehicle: UNIT DESCRIPTION SERIAL NUMBER LICENSE NO. 6419A ATHEY STREET 1A9R25DB2MR059003 10174D SWEEPER Motion by Councilmember Barber, second by Councilmember Brothers to approve Consent Agenda Items IV.A.1 through IV.D.1. Page 18 City of Auburn Council Meeting Minutes April 21, 1997 MOTION CARRIED UNANIMOUSLY. 6-0. V. UNFINISHED BUSINESS There were no items for City Council consideration under this section. VI. NEW BUSINESS There were no items for City Council consideration under this section. VII. ORDINANCES AND RESOLUTIONS A. O~inances 1. Ordinance No. 4924 A3.5.5.3, F4.8.1 An Ordinance of the City Council of the City of Auburn, Washington, amending the Auburn City Code Title 3 entitled "Revenue and Finance", Chapter 3.12 entitled "Public Contracts", Section 3.12,010 entitled "Definitions", Section 3.12.011 entitled "Required When", Section 3.12.020 entitled "Call for Bids-Required-Method", Section 3.12.030 entitled "Small Works Roster Established", Section 3.12.032 entitled "Method of Establishment", Section 3.12.034 entitled "Procedure for Utilization of Roster", Section 3.12.040 entitled "Contractor's Bond", and creating Section 3.12.025 entitled "Contractor Evaluation Form" and creating Section 3.12.038 entitled "Posting of Small Works Roster Awards" to comply with RCW 35A.40.200 entitled "General Law Relating to Public Works and Contracts", RCW 35.23.352 entitled "Public Works-Contracts-Bids-Small Works Roster- Pumhasing Requirements, Recycled or Reused Material or Products", RCW 35.22.620 entitled "Public Works or Improvements-Limitations on Work by Public Employees- Small Works Roster-Purchase of Reused or Recycled Materials or Products, RCW 39.04.155 entitled "Small Works Roster Contract Awards Process", and RCW 39.04.200 entitled "Posting of Small Works Roster or Purchase Awards." Motion by Councilmember Wagner, second by Councilmember Poe to introduce and adopt Ordinance No. 4924. Page 19 City of Auburn Council Meeting Minutes April 21, t997 Councilmember Poe proposed the following amendments to Ordinance No. 4924: Page 11, Item D, shall read, "An unsatisfactory performance or safety record exists based on past or current contracting work;" Page 13, first sentence shall read in pad, "licensed or registered and bonded to perform contracting work in the State of Washington." Page 15, first sentence shall read in pad, "contractor and a women-owned contractor firm who otherwise qualifies. and receive at least three qualified bids unless exceptions are approved by the Public Works Committee." Councilmember Wagner accepted the amendments to the motion. MOTION CARRIED UNANIMOUSLY. 6-0. 2. Ordinance No. 4955 F2.4.9 LID 347 An Ordinance ordering the construction of street improvements including the construction of the east half- street, curb and gutter, sidewalk, driveways, water, sewer stubs for future extension, storm drainage, lighting and undergrounding existing power to "B" Street N.W. and other improvements related thereto, all in accordance with Resolution No. 2832 of the City Council; establishing Local Improvement District No. 347 and ordering the carrying out of the proposed improvement; providing that payment for the improvement be made in pad by special assessments upon the properly in the district, payable by the mode of "Payment by Bonds"; and providing for the issuance and sale of local improvement district warrants redeemable in cash or other shod-term financing and local improvement district bonds. Motion by Councilmember Wagner, second by Councilmember Cerino to adopt Ordinance No. 4955 with Page 20 City of Auburn Council Meeting Minutes April 21, 1997 the provision that the Engineering Department return to the Public Works Committee within the next two Committee meetings with suggestions on how to reduce the cost of the LID. Councilmember Borden indicated she would like to receive staff comments on the suggestion for construction of "B" Street NW as a three lane street rather than a four lane street, and any estimated savings in lighting costs. City Engineer Dennis Dowdy explained that any time property is developed, the developer is required to construct or delay the half street improvements. Half street improvements require the developer to provide for two-way traffic. At a minimum, the developer is required to construct two lanes. He indicated the discussion regarding the three lane street or a four lane street is academic, since the City is recommending construction of the minimum requirement of two lanes. Mr. Dowdy noted that "B" Street NW parallels the Burlington Northern Railroad. With the anticipated increase in train traffic due to reopening of Stampede Pass, the 37th and 277th rail crossings are critical to the flow of traffic on "B" Street NW. It is unclear when, or if, separated grade crossings will be constructed at the two intersections. City Engineer Dowdy estimated that if trains block the crossings, traffic volumes will increase on "B' Street as traffic is diverted by the blocked crossings. Utilizing an overhead transparency of a typical roadway cross section, City Engineer Dowdy explained the street construction within the existing right of way and expansion of the ditch along the Burlington Northern Railroad property to increase flood storage. The existing design requires the minimum real estate from the railroad to accommodate the future two lanes. Mr. Dowdy also indicated the existing design is less onerous on the "B" Street property owners as well. The cost of future improvements to expand the street to four lanes will be borne by the City. In response to a question from Councilmember Brothers, City Engineer Dowdy explained that Burlington Northern Page 21 City of Auburn Council Meeting Minutes April 21, 1997 Railroad is not a participant in the LID since the Railroad does not derive a benefit from the improvement. City Attorney Reynolds recommended the City Council not pass the motion with the provisions as stated. He explained that when the Ordinance is adopted, a fixed protest period begins. The provisions contained in the motion for the Engineering Department to return to the Public Works Committee with suggestions on how to reduce the cost of the LID make it unclear as to the amounts or issues that may be protested. Councilmember Wagner amended his motion to delete the provisions contained in the motion. Councilmember Wagner explained that the purpose of proceeding with adoption of the ordinance this evening is to start the LID process and ensure another construction season is not lost. He added that the Public Works Committee created an LID with the least impact on property owners and the lowest possible cost. He noted the LID provides for construction of two lanes. However, if there is sufficient demand and funding in the future, the street will be expanded to three or four lanes. Councilmember Wagner expressed his desire to adopt the ordinance this evening to prevent construction delay for another year. Councilmember Cerino agreed with the amendment to the motion. Councilmember Poe spoke against adopting Ordinance No. 4955 this evening. He suggested the City Council delay action on the ordinance for two weeks to allow an opportunity to review the property owners' protest. Councilmember Brothers spoke against adopting Ordinance No. 4955 this evening. He indicated a delay of the project for a year would be worthwhile. He also suggested reviewing whether resurfacing the street would be more beneficial at this time rather than reconstruction. Councilmember Poe indicated that if Ordinance No. 4955 is returned to Committee, he would like to review the design for possible cost reductions in engineering design and construction. Page 22 City of Auburn Council Meeting Minutes April 21, 1997 Councilmember Wagner added that the Public Works Committee could also review lighting costs and the allocation of engineering costs between the City and the property owners. He estimated the cumulative cost reductions may be $100,000. He reiterated that the City has a long standing policy to require developers to construct streets as they develop their property or postpone paying for the street improvements until such time as entire street is constructed. He noted that the developers and property owners were able to use their property over the years at a lower cost through street delays. If the property owners had not been allowed to delay the street improvements, the property owners would have been required to pay the full cost of the street improvements. Under the LID, the City is contributing $80,000. Councilmember Cerino noted that the proposed LID includes complete reconstruction of the roadway including undergrounding utilities and some storm drainage. He disagreed with the property owners' position that the street improvements would not enhance the value of their property. He spoke in favor of proceeding with the project and allowing the protest period to begin. Councilmember Poe spoke in favor of efforts to reduce the project costs prior to adoption of the ordinance. City Engineer Dowdy explained that the City does not plan to obtain property appraisals until the ordinance is adopted and the LID is formed. The City hired a professional appraiser who has indicated the valuation of the "B" Street properties will support the preliminary assessment amount. Mr. Dowdy also estimated staff could produce the remaining requested information in time for the next Public Works Committee meeting. Councilmember Poe questioned the property acquisition budget of the project. He noted there is $30,000 budgeted for property acquisition, and the project calls for acquisition of 16,332 square feet of property. Design Engineer Locke explained that through the short platting process, the intent Page 23 City of Auburn Council Meeting Minutes April 21, 1997 tO convey property to the City is evident. Mr. Locke also added that the property acquisition budget also includes the cost of 5,000 to 6,000 square feet of property for wetland mitigation. Mayor Booth allowed a comment from Mr. Beaupre in the audience who urged the City Council to delay action on the ordinance. Councilmember Brothers recommended the City spend $5,000 to obtain the property appraisals to support the City's position that the propedies are benefited. Design Engineer Locke estimated the appraisals could be obtained by the next Council meeting. Councilmember Borden expressed her support for the LID, but suggested the City Council delay consideration of the ordinance until the next City Council meeting. Councilmember Barber recommended the City Council delay consideration of the ordinance. Councilmember Wagner amended his motion to return Ordinance No. 4955 to the Public Works Committee at the earliest possible date which is estimated as the May 12, 1997 meeting. Councilmember Cerino withdrew his second from the original motion and seconded the amended motion. MOTION CARRIED UNANIMOUSLY. 6-0. 3. Ordinance No, 4963 O3.10.1 CUP0006-96 An Ordinance of the City of Auburn, Washington, providing for a Conditional Use Permit to allow the construction of a 120 foot high tower structure to be used as a personal communications facility on property zoned M-1 (light industrial), located at 301 Lund Road, within the city of Auburn, Washington. Motion by Councilmember Borden, second by Councilmember Wagner to introduce and adopt Ordinance No. 4963. Page 24 City of Auburn Council Meeting Minutes April 21, 1997 MOTION CARRIED UNANIMOUSLY, 6-0. 4. Ordinance No. 4964 F5.5, O3.11.2 An Ordinance of the City Council of the City of Auburn, Washington, approving an appropriation of grant funds in the amount of Four Thousand Six Hundred Ten and 00/100 Dollars, ($4,610.00), and authorizing the Mayor and City Clerk to execute a contract with the South King County Community Network for the "Peers Educating Peers" Program within the city of Auburn. Motion by Councilmember Borden, second by Councilmember Barber to introduce and adopt Ordinance No. 4964. MOTION CARRIED UNANIMOUSLY. 6-0. 5. Ordinance No. 4966 A3.13.4, 04.11.1 PR 588 An Ordinance of the City of Auburn, Washington, authorizing the acquisition of certain property and property rights by eminent domain providing for the payment thereof; authorizing the City Attorney to prepare a petition for condemnation in the Superior Court in and for the county of King and for the prosecution thereof for the acquisition of such property and property rights for the Green River Pump Station associated with the City of Auburn Interlocal Agreement No. 2 Fund Water Project. Motion by Councilmember Wagner, second by Councilmember Cerino to introduce and adopt Ordinance No. 4966. MOTION CARRIED UNANIMOUSLY. 6-0. 6. Ordinance No. 4967 O4.6.1, A5.5.2 An Ordinance of the City Council of the City of Auburn, Washington, reaffirming Resolution Nos. 2671 and 2800 which sets forth intent and specific conditions under which Page 25 City of Auburn Council Meeting Minutes April 21, 1997 the Mayor and City Clerk are authorized to execute a Sanitary Sewer Connection Agreement and authorizing the Mayor and City Clerk to execute the amended Agreement with the specific changes required by the United States Department of Interior Bureau of Indian Affairs as a specific condition of their execution of the Agreement. Motion by Councilmember Wagner, second by Councilmember Poe to introduce and adopt Ordinance No. 4967. MOTION CARRIED UNANIMOUSLY. 6-0. B. Resolutions 1. Resolution No. 2834 O4.4.9.1.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Fuel Discount Agreement with Auburn Flight Services, Inc. extending and continuing an existing agreement. Motion by Councilmember Borden, second by Councilmember Wagner to adopt Resolution No. 2834. MOTION CARRIED UNANIMOUSLY. 6-0. 2. Resolution No. 2835 A3.13.4, O4.9.1 PR 529 A Resolution of the City Council of the City of Auburn, King County, Washington, authorizing the Mayor of the City of Auburn to execute a Purchase and Sale Agreement with the owners of real property designated as tax parcel number 395440-0095-08, Washington State Department of Transportation Parcel Number 1-15840 relating to the State Route 18 /"C" Street S.W. Interchange Ramp Improvement Project (PR 529). Motion by Councilmember Wagner, second by Councilmember Cerino to adopt Resolution No. 2835. MOTION CARRIED UNANIMOUSLY. 6-0. Page 26 City of Auburn Council Meeting Minutes April 21. 1997 3. Resolution No. 2837 O4.10 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Commute Trip Reduction Act Implementation Agreement between King County (through its Department of Transportation) and the City of Auburn for the purpose of implementing the Washington State Commute Trip Reduction Act of 1991. Motion by Councilmember Wagner, second by Councilmember Poe to adopt Resolution No. 2837. MOTION CARRIED UNANIMOUSLY. 6-0. 4. Resolution No. 2839 O5.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn, to execute a Concessionaire Agreement between the City and the Auburn Little League for the concession operation at the Brannan Park ballfields for 1997. Motion by Councilmember Borden, second by Councilmember Barber to adopt Resolution No. 2839. MOTION CARRIED UNANIMOUSLY. 6-0. VIII. MAYOR'S REPORT A. Executive Session Mayor Booth recessed the meeting to executive session at 10:13 p.m. for approximately 20 minutes in order to discuss litigation. Mayor Booth indicated no action is anticipated as a result of the executive session. Mayor Booth reconvened the meeting at 10:47 p.m. Page 27 City of Auburn Council Meeting Minutes April 21, 1997 IX. ADJOURNMENT There being no further business to come before the City Council this evening, the meeting adjourned at 10:47 p.m. Approved on the t~'''~ day of ~'~LCL~ ,1997. Charles A. Booth, Mayor Robin Wohlhueter, City Clerk 97M4-21 .DOC Page 28