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.
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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