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HomeMy WebLinkAbout08-03-1998 CITY OF AUBURN COUNCIL MEETING MINUTES August 3, 1998 7:30 p.m. I. CALL TO ORDER A. Flag Salute Mayor Booth called the meeting to order at 7:30 PM and led those in attendance in the Pledge of Allegiance. B. Roll Call Mayor Booth and the following Councilmembers were present: Pete Lewis, Sue Singer, Jeanne Barber, Trish Borden, Fred Poe, Gene Cerino, and Rich Wagner. Staff members present included: Police Chief Dave Purdy, Fire Chief Bob Johnson, Personnel Director Brenda Heineman, Parks and Recreation Director Dick Deal, Finance Director Diane L. Supler, Public Works Director Christine Engler, City Engineer Dennis Dowdy, Traffic Engineer Steve Mullen, Utilities Engineer Dwight Holobaugh, Special Projects Engineer Jack Locke, Planning and Community Development Director Paul Krauss, Associate Planner Bill Mandeville, Associate Planner Shirley Shultz, Intergovernmental Affairs Manager Lisa Clausen, City Attorney Michael J. Reynolds, and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements There were no announcements this evening. 2. Appointments There were no appointments for City Council review this evening. Page '1 City of Auburn Council Meetinc~ Minutes Au_oust 3, 1998 D. Agenda Modifications Agenda modifications included corrected pages to the Transportation Improvement Program to correct the titles of Project Priority Numbers 17 and 18 transmitted under Item 11.3 of these minutes and the Hearing Examiner decision regarding Application No. CUP0002-98 transmitted under Item VI.C of these minutes. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Local Improvement District No. 347 Final Assessment Roll F2.4.7 A public hearing for the purpose of receiving public comments from any person desiring to object to any assessment appearing on the final assessment roll for Local Improvement District No. 347 as ordered by Ordinance No. 4955 for the purpose of street improvements including 24 foot pavement, curb and gutters, sidewalk, driveways, water, sewer stubs for future extension, storm drainage, lighting and undergrounding existing power to "B" Street NW and other improvements related thereto. This hearing was continued from July 22, 1998. Mayor Booth reopened the public hearing on Local Improvement District (LID) No. 347 which was continued from July 22, 1998. Mayor Booth introduced Mr. Steve DiJulio, of Foster Pepper and Shefelman, special counsel to the Council regarding LID 347. Special Projects Engineer Jack Locke presented the staff report on LID 347. He presented the Council with copies of the Final Assessment Roll and an outline of his presentation for the record. Prior to the formation of the LID, staff devised a preliminary assessment roll and method of assessment. Staff then consulted with other City staff members, property owners, the City's appraiser, and bond counsel. Staff conducted an analysis of the benefited area, proposed improvements, cost of improvements and City participation, method of assessment, final assessment, and wetlands exclusion. The final assessment roll was Page 2 City of Auburn Council Meetim3 Minutes August 3, 1998 developed using the same method as used for the preliminary assessment roll. Assessments were determined by two zones and assessed by square foot of property. Zone I property is assessed at $0.75 per square foot and Zone 2 property is zoned at one-half of Zone 1. Adjustments were made to the roll for wetland delineations. Assessments for properties were adjusted to reflect the wetland delineations. Adjustments in assessments to reflect the wetland areas were made to Assessment Numbers 6 and 7 in the name of Keller Auburn Partnership, Assessment Number 9 in the name of D. M. Young Construction, and Assessment Numbers 11 and 12 in the name of Rodger and Joan Overson. Councilmember Poe noted the wetland delineations were made by DBM Engineers. He questioned whether the delineations are recognized by the Corps of Engineers or other authority. Councilmember Poe also questioned whether there has been discussion regarding payment to the City if the wetlands become usable in the future. Mr. Locke advised there have been discussions with regard to future use of the wetlands, but the issue has not been resolved. City Attorney Reynolds reported that the City is negotiating with Mr. John Paul Turner, the attorney representing all property owners with the exception of Lumbermen's, for an agreement regarding LID 347. Mr. Reynolds reported he received the property owners' latest draft of the agreement today via facsimile. Mr. Reynolds explained that the property owners are requesting the following: the City comply with construction of the project pursuant to the plans and specifications outlined to the Council previously, the Council cap the LID and ensure the assessments to the property owners shall not exceed that amount, and the City construct the project by January 1, 2000 or the property owners will not be liable for payment for the LID and any prepayments will be repaid to the property owners. Mr. Reynolds also pointed out that because the LID is a capped LID, the assessment previously assessed to the wetland delineation is not transferred to the LID participants but to the general population and the general tax payer base. City staff have suggested the property owner provide the City Page 3 City of Auburn Council Meetini3 Minutes Au_Qust 3, 1998 with an easement for the wetlands. The property owners disagree with the proposal for a wetlands easement, since the wetlands may be usable in the future. In response to questions from Mr. DiJulio, Mr. Locke confirmed that the Final Assessment Roll is in the amount of $673,500, which includes a full credit for identified wetland areas for the parcels subject to assessment. Mr. DiJulio questioned whether an agreement between the City and the property owners is being presented, and if not, whether the parcels can be reassessed due to increased cost of the project. City Attorney Reynolds responded in the negative. The property owners are alleging that they have protest against the LID. The property owners have indicated they will not proceed with the protest provided it is a capped LID. Mr. Reynolds explained the proposed agreement is presented with the LID this evening, and the LID is presented with credit given for wetland delineations. Councilmember Poe explained his understanding that once the final assessment roll is approved, there is no opportunity for the City to add to the assessment. If the LID were to proceed in the usual format, the project would be completed prior to establishing the Final Assessment Roll. Councilmember Poe questioned the purpose of an agreement with the property owners. Mr. Reynolds explained that the property owners want a contractual agreement that the City will construct the project according to the plans and specifications and the project will be built by January 1, 2000. Bill Chadek, PO Box 4007, Bellevue, WA, 98009 Mr. Chadek confirmed Mr. Reynolds' summarization of the proposed agreement is correct. In response to a question from Councilmember Wagner, Mr. Locke advised that the total estimated cost of the "B" Street improvement is $935,400. Page 4 City of Auburn Council Meetin~3 Minutes Auaust 3, 1998 John Conde, PO Box 3406, Olympia, WA, 98509 Mr. Conde spoke on behalf of Lumbermen's of Washington, Inc. He indicated Lumbermen's of Washington protests the LID. Mr. Conde described Lumbermen's business as a manufacturer of roof and floor trusses with no walk-in customers. He also indicated that Lumbermen's property is fully developed to serve the needs of Lumbermen's as a manufacturing facility. He questioned the LID's proposed increased value to Lumbermen's property. He expressed concern with the increased speed of traffic on "B" Street as a result of its improvement. He suggested the City pay a larger share of the project costs. James Greenfield, Davis Wright Tremaine, 1501 4th Avenue, Suite 2600, Seattle, WA Mr. Greenfield identified himself as the legal representative for Lumbermen's with regard to LID 347 and Lumbermen's parcel number 158060-0250. Mr. Greenfield distributed a written statement addressed to the City Clerk and dated August 3, 1998, objecting to the LID. Mr. Greenfield expressed objection to LID 347, since LID 347 has been divested by legal protest. He cited a June 23, 1997 protest filed by property owners of the LID properties representing sixty percent or more of the value of the cost of the improvements. Mr. Greenfield suggested the Street Improvement Delay Agreements should be considered invalid under Washington State law. The Agreements are too vague with no description of the improvement, no cost, and no term or duration of the Agreement. He also pointed out that all of the Street Delay Agreements were signed over ten years ago and have expired according to State law. Mr. Greenfield also proposed that the LID was not formed in accordance with the terms of the Agreements. He stated Lumbermen's Street Delay Agreement provides that the owner shall be assessed only for the portion of the property that is adjacent to "B" Street. Mr. Greenfield questioned proceeding with the Final Assessment Roll prior to construction and acceptance of the improvements. He contended the assessments are arbitrary and capricious and made on the wrong basis. Mr. Greenfield referred to a study performed by Christopher Brown and Associates that Page 5 City of Auburn Council Meeting3 Minutes Au~lust 3, 1998 concludes that seventy to eighty percent of the traffic stream that will be carried on "B" Street will be external and not serving the properties in the LID. Approximately twenty to thirty percent of the traffic is local. He also proposed the assessment for Lumbermen's property exceeds the special benefit. The best and highest use of the Lumbermen's property is the current use of the site. The fair market value of the property will not substantially increase as a result of the improvement. Mr. Greenfield stated the special benefits assessments are not proportional. He reported there is an appraisal evidence in the record which contradicts the proposed assessment for Lumbermen's. On April 21, 1997, Bruce Allen and Associates presented the City an opinion that no information to date provided by the City of Auburn supported the benefits to the property in the LID. Mr. Greenfield requested the City include and incorporate in the record the April 21, 1997 hearing, the letter submitted by Mr. Greenfield this evening, and the testimony given this evening by Mr. Conde and Mr. Macauley on behalf of Lumbermen's. Mr. Greenfield also requested a verbatim record of this proceeding be made and Lumbermen's provided with a copy of the verbatim transcript as well as documentary evidence at the conclusion of this proceeding. Bob Macaulay, Macaulay and Associates, 2927 Colby Avenue, Suite 100, Everett, WA, 98201 Mr. Macaulay described Macaulay and Associates as a real estate appraisal and consulting firm that has worked on over 100 local improvement developments and performed special benefit proportion assessment studies and feasibility studies. Macaulay and Associates were retained by Lumbermen's to review information regarding Lumbermen's assessment for LID 347. Mr. Macaulay expressed his opinion that the assessment method chosen by the City is wrong and is not fair to the property owners as it does not address specific highest and best use issues that impact market value of the property. Mr. Macaulay valued Lumbermen's property without the improvements and then with the improvements in place. The corresponding difference in value is the special benefit. Mr. Macaulay concluded that the existing improvements for Lumbermen's property is the highest and best use of the property. He Page 6 City of Auburn Council Meetinn Minutes Aui3ust 3, 1998 concluded that a reasonable special benefit amount would be approximately $55,000 compared to the City's $140,000 estimate. Mr. Macaulay also suggested that undeveloped land would benefit more from the LID than property that is already developed to its fullest and best use. Mr. Macaulay presented his consultation report to the City as part of the record for the LID. He closed by stating that the assessment for Lumbermen's is greater than the special benefit the property would receive. In response to a question from Councilmember Wagner, Mr. Macaulay reported the estimated value of Lumbermen's property without the LID is $2,030,000 and valued at approximately $2,085,000 with the LID, or approximately five percent of the value. In response to questions from Mr. DiJulio, Mr. Macaulay agreed that the LID has treated Lumbermen's property the same as the other properties within the LID. Mr. Macaulay stated that vacant land would reflect a different benefit amount than a property improved to its best use. Mr. Macaulay used the special benefits analysis rather than the zone and termini method used by the City for determining the assessment. His analysis included only the Lumbermen's property and none of the other properties in the LID. Mr. Macaulay used a M-2 zoning when analyzing the Lumbermen's property. Truss manufacturing is a comparable use to other uses for the M-2 zone. To his knowledge, Lumbermen's is the successor to Truss Span Corporation for the property. In response to a question from Councilmember Wagner, Mr. Macaulay advised that his value for the Lumbermen's property included land and improvements. In response to questions from Mr. DiJulio, the Mr. Macaulay confirmed that the improvements on the Lumbermen's property are approximately ten years old. Mr. Macaulay confirmed that he considered the Street Improvement Delay Agreement for Lumbermen's in his valuation of the property and estimated the cost of the half-street improvements at $150.00 per linear foot. Page 7 City of Auburn Council Meeting Minutes August 3, 1998 James Greenfield Mr. Greenfield responded to questions from Mr. DiJulio. Mr. Greenfield stated his clienrs position that the Street Delay Agreement between the City of Auburn and Truss Span is unenforceable. Mr. Greenfield supported Mr. Macaulay's report that the special benefit of the proposed LID would be in the amount of $55,000. Gary Volchok, CB Richard Ellis, 1420 5th Avenue, Suite 1700, Seattle, WA, 98101 Mr. Volchok spoke on behalf of the Keller Partnership, who owns two parcels in LID 347, and D.M. Young Construction who owns one parcel. Mr. Volchok spoke in favor of reducing the assessments due to wetland delineation. Mr. Volchok also noted that the cost of the LID to the Keller Partnership and D. M. Young Construction equates to $377.00 per foot frontage. Responding to questions from Mr. DiJulio, Mr. Volchok confirmed that he is a licensed realtor, and the LID contributes special benefits to the properties in the LID. Mr. Volchok advised that he is appearing on behalf of the property owners of Assessment Numbers 6, 7 and 9. Bill Chadek Mr. Chadek apologized that his attorney, John Paul Turner, could not be present this evening. Mr. Chadek advised that Mr. Turner represents the property owners for Assessment Numbers 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16. Mr. Chadek spoke in favor of moving forward by entering into an agreement between the City and the property owners as referred to by City Attorney Reynolds earlier. He spoke in favor of the agreement as written. Mr. Chadeck spoke against a wetland easement as suggested by the City. Mr. Chadek advised that the property owners represented by Mr. Turner are willing to drop their protest against the LID provided the City enters into an agreement with the property owners. He also spoke against reassessments. In response to a question from Councilmember Wagner, City Attorney Reynolds read a portion of the proposed Page 8 City of Auburn Council Meetin,Q Minutes Au.oust 3, 1998 agreement relating to the construction deadline. The agreement includes a provision that in the event the City does not award a contract for construction of LID 347 by January 1, 2000, the terms and conditions of the agreement will terminate and the owner shall have no obligation for any assessment related to LID 347. In response to questions from Mr. DiJulio, Mr. Chadek confirmed that the property owners represented by Mr. Turner would not be willing to accept a portion of Lumbermen's assessment if it were reduced as proposed by the Lumbermen's representatives this evening. Mr. Chadek suggested the public should bear the cost of any assessment reduction. Mr. Chadek advised that from the beginning, the property owners believed the general public should pay a greater share of the cost of the improvements. He reiterated that the property owners represented by John Paul Turner are willing to withdraw their protest if the City enters into an agreement with the property owners as previously described and with the assessments as presented this evening. Councilmember Wagner moved to close the public hearing. Councilmember Poe seconded. City Attorney Reynolds suggested continuing the hearing in order to provide additional appraisal information to the City Council. Mr. DiJulio also recommended continuing the public hearing until such time as the Council receives an agreement with the LID participants as discussed this evening. Councilmember Wagner spoke in favor of proceeding with the LID and against any further delays. He expressed concern with the January 1 deadline for award of the construction contract. He suggested the proposed agreement with the property owners include a reasonable escape clause for the City with regard to awarding the construction contract. MOTION CARRIED UNANIMOUSLY. 7-0. Page 9 City of Auburn Council Meeting Minutes Au_qust 3, 1998 Councilmember Wagner moved and Councilmember Poe seconded to instruct the City Attorney to prepare an ordinance for the next Council meeting for approval of the Final Assessment Roll as presented this evening in the amount of $673,500. MOTION CARRIED UNANIMOUSLY. 7-0. City Attorney Reynolds requested the Council consider conveying authority to staff to enter into agreements with property owners regarding the Final Assessment Roll and their protest of the LID. Mr. Reynolds read the Agreement entitled LID 347 Final Assessment Agreement as faxed by D.M. Young Construction. Mr. Reynolds reported the Agreement involves all parties of the LID with the exception of Lumbermen's. Mr. DiJulio questioned whether the Agreement includes a reference that the property owners' agree that their protests were invalid and contrary to Street Delay Improvement Agreements. Mr. Reynolds recited a Findings of Fact in the Agreement which provides that the Owners and the City desire to resolve any protest of LID 347 and agree upon the final assessment. Mr. DiJulio advised the City Council to authorize the City Attorney to proceed to develop an agreement with the property owners substantially in the form recited by Mr. Reynolds for presentation to the Council in conjunction with the Final Assessment Roll Ordinance. Councilmember Wagner moved and Councilmember Poe seconded to authorize the City Attorney to develop an agreement with the fifteen property owners who have indicated an interest in doing so for presentation to the Council at the next Council meeting or in conjunction with the final assessment roll ordinance or soon thereafter as is reasonable, with the suggestion that the deadline be modified to give the City an escape clause for good cause and that the specifications outlined by the property owners are comparable to the specifications referred to by Engineer Locke. Page 10 City of Auburn Council Meeting Minutes August 3, 1998 (Councilmember Barber left the Council Chambers at this time.) MOTION CARRIED UNANIMOUSLY. 6-0. 2. Sanitary Sewer Service Rates and Water and Sanitary Sewer System Development Charges F4.3 City Council will conduct a public hearing to receive public comments with regard to rate changes for sanitary sewer service based on cost of service study and water and sanitary sewer system development charges. For clarification of these minutes, the hearing on sanitary sewer service rates and water and sanitary sewer system development charges was held immediately following Item II.A.3 of these minutes. Utilities Engineer Dwight Holobaugh presented the staff report on the rate changes for sanitary sewer service and water and sanitary sewer system development charges. The sanitary sewer rates will be increased by $2.38 per equivalent residential customer bringing it to a total of $27.00 per residential customer equivalent. A $10.00 increase is proposed for the sanitary sewer system development charges bringing it to $850.00 per connection and the water service system development charges will be increased by $10.00 bringing it to $880.00 per connection. Mayor Booth opened the hearing. There was no request from the audience to address the Council. Councilmember Wagner moved and Councilmember Cerino seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Please refer to Item Nos. VII. A.2 and VII. A.3 of these minutes for further action on this item. Page 11 City of Auburn Council Meetinn Minutes August 3, 1998 3. 1999-2004 Six Year Transportation Improvement Plan 04.9.3 State law requires the City of Auburn to annually prepare and adopt a comprehensive transportation improvement program for each ensuing six calendar years. Prior to adoption of a six year transportation plan a public hearing is held to review the work accomplished under each Six Year Transportation Improvement Program for the purpose of determining current city street needs, and to adopt a revised and extended comprehensive transportation improvement program. Traffic Engineer Steve Mullen noted corrections to the project titles of Project Priority Numbers 17 and 18 to change the "A" Street NE to "A" Street NW. Mayor Booth opened the public hearing. There was no request from the audience to address the Council. Councilmember Wagner moved and Councilmember Cerino seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Please refer to Item VII. B.2 of these minutes for further action on this item. 4. 1999 Auburn Consolidated Plan Action Plan O3.4.1.7 The request of the City Council to conduct a public hearing in accordance with 24 CFR 91 of the Department of Housing and Urban Development prior to revising portions of the Consolidated Plan. The City Council solicits comments, opinions, and ideas on housing and community development needs, including priority non-housing community development. Associate Planner Shirley Schultz presented the staff report on the 1999 Auburn Consolidated Plan Action Plan. Ms. Schultz referred the Council to the Consolidated Annual Performance and Evaluation Report (CAPER) which is Page 12 City of Auburn Council Meetin~3 Minutes Au.{3ust 3, 1998 submitted to the Department of Housing and Urban Development each year. The CAPER evaluates the program activities and provides the status of grant activity. She directed the Council's attention to the 1999 Auburn Consolidated Plan Action Plan, which is the annual update to the City's five-year plan. Mayor Booth opened the public hearing. No one in the audience requested to address the Council. Councilmember Borden moved and Councilmember Singer seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. B. Audience Participation There was no request from the audience to address the Council during Audience Participation. C. Correspondence 1. A letter dated July 22, 1998 addressed to Jack Locke, Department of Public Works, from David M. Young, President of D.M. Young Construction Company, Inc. regarding LID 347. III. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Chair Poe reported the Municipal Services Committee met this evening at 5:00 PM. The Committee discussed the potential acquisition of property and held an executive session regarding litigation. The next regular meeting of the Municipal Services Committee is scheduled for August 17, 1998 at 5:00 PM. B. Planning & Community Development Chair Borden reported the Planning and Community Development Committee met July 27, 1998. The Committee held public hearings on applications for water and sewer availability certificates. The Committee reviewed and recommended approval of Ordinance No. 5126 relating to a grant acceptance and Resolution No. 2989 regarding Regional Finance and Governance. The Committee Page 13 City of Auburn Council Meeting Minutes Aui3ust 3, 1998 discussed Comprehensive Plan amendments and received a report on the status of the "1" Street proposal. The Committee also discussed the Interlocal Agreement with King County and will continue discussions on the Interlocal Agreement at the next Committee meeting. The Committee also discussed the proposed PUD ordinance. The next regular meeting of the Planning and Community Development Committee is scheduled for August 10, 1998 at 6:00 PM. C. Public Works Chair Wagner reported the Public Works Committee met on July 27, 1998. The Committee discussed and recommended approval of a number of contract items, which appear on this evening's agenda. The Committee discussed Regional Finance and Governance and water penalty fees. The next regular meeting of the Public Works Committee is scheduled for Monday, August 10, 1998 at 4:30 PM. The Committee's August 24, 1998 meeting has been rescheduled for Tuesday, August 18, 1998. D. Finance Committee Member Lewis reported the Finance Committee met this evening at 6:30 PM. The Committee reviewed and approved claims and payroll vouchers. The Committee discussed the 1999 Budget calendar, the "B" Street LID, and the Capital Facilities Plan. The next regular meeting of the Finance Committee is scheduled for Monday, August 17, 1998 at 6:30 PM. IV. CONSENT AGENDA A. Minutes 1. Minutes of the May 6 and 7, 1998 special City Council meeting. 2. Minutes of the July 20, 1998 regular City Council meeting. 3. Minutes of the Juy 20, 1998 City Council meeting continued to July 22, 1998. B. Vouchers F4.9.2,F4.9.5 1. Claims Page 14 City of Auburn Council Meeting Minutes Auqust 3, 1998 Claims check numbers 134487 through 134840 in the amount of $1,768,786.94 for Period 7 and dated August 3, 1998. 2. Payroll Payroll check numbers 247472 to 247742 in the amount of $420,672.27 and electronic deposit transmissions in the amount of $516,233.24 for a grand total of $936,905.51 for the pay period covering July 15, 1998 to July 28, 1998. C. Contract Administration 1. Public Works Project Number PR 604 o4.8.1 City Council to award Public Works Contract Number 98-01, Mountain View at West Main Storm Improvement, to Fardig Development, Inc., on their low bid of $152,868.00 plus Washington State sales tax. 2. Small Works Project Number PR 632 o4.10.1 City Council to award Small Works Contract Number 98-24, Pedestrian Pushbutton Installation, to Transtech Electric, Inc. on their low bid of $30,524.00 plus Washington State sales tax. 3. Small Works Project Number C8052 04.6.3 City Council to award Small Works Contract Number 98-23, 9th and "H" Street SE Sewer Extension, to King Construction on their low bid of $84,551.00 plus Washington State sales tax. 4. Public Works Project Number PR 598 04.6.3 City Council to approve Final Pay Estimate No. 8 in the amount of $2,571.09 to P, T & T Construction, Inc. and accept construction for Contract No. 97-17, PR 598, 1997 Sewer Replacement Program. D. Call for Public Hearing 1. Planned Unit Development Ordinance Page 15 City of Auburn Council Meeting~ Minutes Au.clust 3, 1998 O3.4.2.1.2 City Council to call for a public hearing to be held on August 17, 1998 on the proposed Planned Unit Development (PUD) Ordinance, Chapter 18.69, and amendments to the Land Division Ordinance, Sections 17.06.020 and 17.06.070 that will reflect the proposed PUD Ordinance. Councilmember Lewis moved and Councilmember Cerino seconded to approve the Consent Calendar. MOTION CARRIED UNANIMOUSLY. 7-0. V. UNFINISHED BUSINESS There were no items for review under this section. VI. NEW BUSINESS A. Development Agreement Number WSC0010-98 A3.13.8 City Council to consider the request of Finkbeiner Development for the issuance of water and sewer availability certificates for property located at SE 304th Street between 124th and 132nd Avenue SE and to approve the Petition for Annexation, Annexation Agreement and Declaration of Covenant. Councilmember Borden moved and Councilmember Singer seconded to approve the Development Agreement. MOTION CARRIED UNANIMOUSLY. 7-0. Please refer to Item VII. A. 7 of these minutes for further action on this item. B. Development Agreement Number WSC0011-98 A3.13.8 City Council to consider the request of Geonerco, Inc. for the issuance of water and sewer availability certificates for property located at 299xx 112th Avenue SE and to approve the Petition for Annexation, Annexation Agreement and Declaration of Covenant. Councilmember Borden moved and Councilmember Singer seconded to approve the Development Agreement. Page 16 City of Auburn Council Meetinn Minutes August 3, 1998 MOTION CARRIED UNANIMOUSLY. 7-0. Please refer to Item VII. A. 8 of these minutes for further action on this item. C. Application Number CUP0002-98 o3.10.1 City Council to consider the request of the Church of Jesus Christ of Latter Day Saints to amend Ordinance No. 4596 to allow the seminary school located at 331 4th Street NE to have classes three evenings per week. Councilmember Borden moved and Councilmember Singer seconded to approve the Conditional Use Permit based upon the Hearing Examiner's findings of fact, conclusions and conditions, and instruct the City Attorney to prepare the necessary ordinance. Mr. John Niles, 19403 SE 332nd Place, Auburn, WA Mr. Niles advised that the church obtained a facility use permit from the Auburn School District for parking. MOTION CARRIED UNANIMOUSLY. 7-0. VII. ORDINANCES AND RESOLUTIONS A. O~inances 1. Ordinance No. 5121 F5.3, 03.11.2 An Ordinance of the City Council of the City of Auburn, Washington, approving an appropriation and expenditure of grant funds in the amount of Five Thousand and 00/100 Dollars ($5,000.00), and authorizing the Mayor to execute Contract Amendment No. 4 with King County for Late Night and After School Programs. City Attorney Reynolds read the title of Ordinance No. 5121. Councilmember Borden moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5121. MOTION CARRIED UNANIMOUSLY. 7-0. Page 17 City of Auburn Council Meetinn Minutes Auc~ust 3, t998 2. Ordinance No. 5124 F4.3 An Ordinance of the City of Auburn, Washington, amending Auburn City Code 13.20.440 pertaining to City of Auburn sewer rates. City Attorney Reynolds read the title of Ordinance No. 5124. Councilmember Wagner moved and Councilmember Cerino seconded to introduce and adopt Ordinance No.5124. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Ordinance No. 5125 F4.3 An Ordinance of the City of Auburn, Washington, amending Auburn City Code 13.41.030 pertaining to Utility Systems Development Charges. City Attorney Reynolds read the title of Ordinance No. 5125. Councilmember Wagner moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5125. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Ordinance No. 5126 F5.2.17 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the acceptance of a grant from the State of Washington, Department of Commerce, Trade and Economic Development, Office of Crime Victims Advocacy in the amount of Twenty Four Thousand Two Hundred Dollars ($24,200), approving an in-kind match of Eight Thousand Sixty-seven Dollars ($8,067), and authorizing the execution of an agreement with subrecipients for the purpose of funding neighborhood programs at the Mt. Baker Neighborhood Family Center, Firwood Recreation Center, and the Enumclaw Youth Center and providing for the expenditure and appropriation thereof. Page 18 City of Auburn Council Meetin.Q Minutes Au_Qust 3, 1998 City Attorney Reynolds read the title of Ordinance No. 5126. Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5126. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Ordinance No. 5127 03.8 An Ordinance of the City of Auburn, Washington, providing for the rezoning of property located at 26th and "1" Street NE, within the city of Auburn, Washington, changing the zoning classification thereof from R-4 (Multi-Family) to C-3 (Heavy Commercial). City Attorney Reynolds read the title of Ordinance No. 5127. Councilmember Borden moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5127. MOTION CARRIED. 6-1. Councilmember Wagner voted no. 6. Ordinance No. 5129 A3.13.2, A3.13.4 An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 5114 authorizing the execution of a Mitigation and Conservation Easement Agreement on the Goedecke North Property from the City of Auburn Sanitary Sewer Utility to the Auburn Municipal Airport to include additional language. City Attorney Reynolds read the title of Ordinance No. 5129. Councilmember Poe moved and Councilmember Cerino seconded to introduced and adopt Ordinance No. 5129. MOTION CARRIED UNANIMOUSLY. 7-0. Page 19 City of Auburn Council Meetina Minutes Aunust 3, 1998 7. Ordinance No. 5130 A3.13.8 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn to execute a Development Agreement between the City and Finkbeiner Development Corporation. City Attorney Reynolds read the title of Ordinance No. 5130. Councilmember Borden moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5130. MOTION CARRIED UNANIMOUSLY. 7-0. 8. Ordinance No. 5131 A3.13.8 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn to execute a Development Agreement between the City and Geonerco, Inc. City Attorney Reynolds read the title of Ordinance No. 5131. Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5131. MOTION CARRIED UNANIMOUSLY. 7-0. B. Resolutions 1. Resolution No. 2986 A3.13.4, O4.9.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute payment for relocation assistance expenses to Thoroughbred Autobody, Inc. as allowed under the Uniform Relocation Assistance and Real Property Acquisitions Policy Act relating to City Project PR 529, (C Street SW/SR 18 Ramp/BNSF Grade Separation) Federal Aid No. P-STPUL-TA96(071 ). City Attorney Reynolds read the title of Resolution No. 2986. Page 20 City of Auburn Council Meeting Minutes Au.Qust 3, 1998 Councilmember Wagner moved and Councilmember Poe seconded to adopt Resolution No. 2986. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Resolution No. 2987 04.9.3 A Resolution of the City Council of the City of Auburn, Washington, adopting the 1999-2004 revisions and extensions of the Six Year Transportation Improvement Program of the City of Auburn pursuant to R.C.W. Chapter 35.77 of the laws of the State of Washington. City Attorney Reynolds read the title of Resolution No. 2987. Councilmember Wagner moved and Councilmember Singer seconded to adopt Resolution No. 2987. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Resolution No. 2988 O4.11.1, A5.5.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Agreement for Water Line Installation under the Green River by open cut method between the City and the Muckleshoot Indian Tribe. City Attorney Reynolds read the title of Resolution No. 2988. Councilmember Wagner moved and Councilmember Poe seconded to adopt Resolution No. 2988. MOTION CARRIED UNANIMOUSLY. 7-0. Page 21 City of Auburn Council Meetinf~ Minutes Aug;ust 3, 1998 4. Resolution No. 2989 A3.4.1 A Resolution of the City Council of the City of Auburn, Washington, approving "Revised Proposal on Regional Finance and Governance" of the Suburban Cities Association of King County as a bargaining position for the Suburban Cities Association. City Attorney Reynolds read the title of Resolution No. 2989. Councilmember Borden moved and Councilmember Lewis seconded to adopt Resolution No. 2989. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Resolution No. 2990 03.5 A Resolution of the City Council of the City of Auburn, Washington, authorizing and approving the extension of the preliminary plat of "Emerald Corporate Park" (formerly known as "Auburn Park"), for an additional year. City Attorney Reynolds read the title of Resolution No. 2990. Councilmember Borden moved and Councilmember Singer seconded to adopt Resolution No. 2990. MOTION CARRIED UNANIMOUSLY. 7-0. 6. Resolution No. 2991 03.5 A Resolution of the City Council of the City of Auburn, Washington, approving the preliminary plat of a 33-1ot single- family subdivision to be known as Lakeland Hills Division 5B located in the southern portion of the Lakeland Hills Development, within the city of Auburn, Washington. City Attorney Reynolds read the title of Resolution No. 2991. Page 22 City of Auburn Council Meetin¢~ Minutes Au_~ust 3, 1998 Councilmember Borden moved and Councilmember Singer seconded to adopt Resolution No. 2991 as amended to delete the second sentence from Findings of Fact 11. MOTION CARRIED UNANIMOUSLY. 7-0. VIII. MAYOR'S REPORT A. Executive Session Mayor Booth recessed the meeting to executive session at 9:27 PM for approximately twenty minutes in order to discuss litigation. Mayor Booth advised that action would be taken following the executive session. Mayor Booth reconvened the meeting at 9:45 PM. All Councilmembers were in attendance except Councilmember Barber. Settlement Agreement with Victor Dipietro Councilmember Wagner moved and Councilmember Cerino seconded to authorize the Mayor to execute a Settlement Agreement with Victor Dipietro and Victor Enterprises as discussed in executive session MOTION CARRIED UNANIMOUSLY. 6-0. IX. ADJOURNMENT There being no further business to come before the Council this evening, the meeting adjourned at 9:46 PM. Approved on the /~ ~ <d2Jx~'j/~ day of ,1998. Charles A. Booth, Mayor Daskam, City Clerk Page 23