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.
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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,
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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
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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.
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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'
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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.
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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.
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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
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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.
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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
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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
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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.
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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
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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.
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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.
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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