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HomeMy WebLinkAbout04-27-1993 Special -- (JtyoJ' ¿r:~...... Auburn ~ ~S/Jin~\~ CITY OF AUBURN SPECIAL CITY COUNCIL MEETING MINUTES April 27, 1993 6:00 p.m. -------- I. CALL TO ORDER The special meeting of the City of Auburn Council was called to order by Mayor Bob Roegner at 6:00 p.m. in the City of Auburn Council Chambers. A. Flag Salute Mayor Roegner led those in attendance in the pledge of allegiance. B. Roll Call Those in attendance included Mayor Bob Roegner and Councilmembers Weekley, Wagner, Burns, Borden, Barber, Brothers, and Kurle. Staff members present included Police Chief Jake Evans, Fire Chief Bob Johnson, Personnel Director Pam Sime, Parks and Recreation Director Len Chapman, Finance Director Pat Dugan, Public Works Director Frank Currie, Planning Director Steve Lancaster, City Attorney Stephen Shelton, and City Clerk Robin Wohlhueter. Other staff present included Deputy City Clerk Dani Daskam, Deputy City Clerk Gayle Butcher, Senior Planner Lynn Rued, Assistant Public Works Director Alice Conrad, and Traffic Engineer Steve Mullen. Other personnel attended the meeting. C. Announcements and Aooointments 1. Announcements Since this is a special meeting the of Auburn City Council Mayor Roegner stated there are no announcements or appointments this evening. 2. Aooointments - None. D. Agenda Modifications Agenda modifications include a substantial list of letters submitted to the Council earlier this evening. Mayor Roegner stated the Council received the original transcript of the public hearing held before the Planning Commission. II. CITIZEN INPUT. PUBLIC HEARINGS & CORRESPONDENCE Prior to opening the public hearing, Mayor Roegner identified the format to be used this evening. He explained that Steve Lancaster, The Hapsmith Company, and the Citizens for Auburn's Future will each make a 15 minute presentation followed by citizens who have signed up (Exhibit No.1) to speak for approximately five minutes each. Given the large amount of testimony already received by the Council from the Planning Commission and the numerous letters, staff reports, and other correspondence, Mayor Roegner recommended citizens keep their comments brief and to the point, and more importantly to provide testimony that has not to date been brought to the Council's attention. AUBURN CITY COUNCIL MINUTES Page No.2 April 27, 1993 Mayor Roegner explained the primary function of the City Council during the hearing tonight is to take testimony from anyone wishing to comment upon this project. The City Council will then move to deliberations prior to making a decision. Given this is a quasi-judicial hearing and not a legislative hearing, Mayor Roegner pointed out the City Council acts as a judge in determining the decision of whether or not the proposed property will be rezoned. Each Councilmember made disclosure statements on the number of phone calls, discussions, letters, reports, and other forms of communication each had received during the past three years on behalf of this project. Most of the correspondence filed has already been made part of the record with the exception of Exhibit No.2, a letter dated April 22, 1993 from Maxine Helser, and Exhibit 3, letter dated April 24, 1993 from Patrick E. Cavanaugh determined to have already been entered into the record. All correspondence including any submitted this evening will be made part of the record. Each Councilmember stated that he or she had had conversations and received letters over the last three years, but that each was able to make a fair decision with regard to the proposed rezone application based on the record and testimony presented. Some Councilmembers stated they had avoided any substantive conversations over the last three years with interested citizens, and that they did not feel that citizens were lobbying for or against this project. Prior to making his disclosure statements, Mayor Roegner mentioned that he is not a voting member of this council. He disclosed that during the year he had met with the Hapsmith Company and staff to better understand this particular land use process, and further disclosed he had a project process discussion with Mike Morrisette, Chamber of Commerce Manager. On advice of the City Attorney, Stephen Shelton, the audience was advised they had an opportunity to rebut any information that might have been provided to Councilmembers through the disclosed ex parte contacts. Resident Michael Bocatch requested recognition with regard to an appearance of fairness issue. Mr. Bocatch's stated that Mayor Roegner and Mr. Weekley had prejudged the project and should excuse themselves from the hearing. Mr. Bocatch's first concern centered around a newspaper article dated December 27, 1992 quoting Mayor Roegner. Mr. Bocatch was concerned that Mayor Roegner had drawn preconceived conclusions of the proposed racetrack and supermall in that he was quoted as saying the impacts would be minor. Mr. Bocatch's second concern was regarding a news article dated July 10, 1992 wherein Council member Weekley expressed that he was leaning towards support of Supermall. Mr. Bocatch cited time frames associated with the issuance of environmental papers and hearings before the respective quasi- judicial bodies of the city. Mayor Roegner responded to Mr. Bocatch's comments by saying that his comments were referencing staff reports and that he was able to impartially chair this meeting, and would not excuse himself from the hearing. Council member Weekley stated that the referenced article was published shortly after he was appointed to the Council. However, since that time he had devoted a number of weeks to prepare for the hearing tonight Councilmember Weekley assured the audience that even though the article perhaps alludes to a carte blanc statement, that he has fully studied the issue and that he can make an unbiased decision with regard to the proposed rezone property based on the testimony presented. A. Public Hearings AUBURN CITY COUNCIL MINUTES Page No. 3 April 27, 1993 1. Aoolication No. REZ0009-90 & MISOOI2-92 The request of Hapsmith Company for a rezone from M-l, light industrial, to C- 3, heavy commercial, on a parcel of land 60 acres in size that is located on the north side of 15th Street S.W. and easterly of State Route 167. The purpose of the rezone is for the construction of a regional shopping center. A Comprehensive Plan Map amendment is also being processed with the rezone application. The plan map amendment will change the existing designation of a "Planned Business Park" to a heavy commercial (±155 acres) and light industrial (±57 acres) designation. The land encompassing the plan map amendment lies on the north and south side of 15th Street S.W. and between SR 167 and the Union Pacific Railroad. Mayor Roegner opened the public hearing. Planning Director Steve Lancaster gave a brief overview of the proposed rezone application filed by the Hapsmith Company to allow the development of a 2,035,000 square foot shopping complex on property located east of State Route 167. Referring to an overhead projector and staff reports, Mr. Lancaster illustrated an overall view of the property under consideration, a closer view showing the additional 60 acres proposed for the rezone to allow the proposed shopping center, and an illustration showing required specific area transportation improvements. Mr. Lancaster stated a major issue facing the development of this property is the traffic concern; however, he stated that they have been mitigated based on an analysis of the proposal's impacts locally and regionally conducted in close consultation with the Washington State Department of Transporation. He pointed to planned transporation improvements, illustrated on the overhead projector, as recommended by the Planning Commission. The transportation improvement will be completed in two phases as proposed by city staff and the Hapsmith Company. The Planning Commission further recommended construction of an elevated roadway (fly-over ramp) to access the mall in order to ease traffic on 15th Street S.W. Mr. Lancaster highlighted intersection and freeway levels-of-service (LOS) as defined in the staff report, and recommended by the State Department of Transportation, and explained how the mitigated traffic improvements are adequate to conform the LOS with city policy. Issues included in the Environmental Impact Statement were impacts to public services and impacts to downtown. Mr. Lancaster noted a detailed analysis of the public service impacts was confirmed by Finance Director Pat Dugan's testimony. He reported conservative assumptions of revenues and expenses were used in determining the project's projected fiscal impacts. Regarding impacts to downtown, Steve Lancaster said there are two effects: 1) increased competition within the market area; 2) increase in potential customers. With the development of the mall, downtown merchants have an opportunity to attract shoppers in making a side trip to downtown. He said the Hapsmith Company has agreed to financially assist downtown merchants in marketing downtown and providing convenient access between the mall and downtown via a shuttel bus service. AUBURN CITY COUNCIL MINUTES Page No.4 April 27, 1993 Steve Lancaster concluded his remarks by stating this site is recognized for this type of development in the city's Comprehensive Plan and is consistent with city policies as an appropriate use of land. He said if it is not located in Auburn a similar mall will likely be located in north Pierce County or another unicorporated location and Auburn could lose its ability to manage the impacts of the project. Stanford Tabb - 9300 Wilshire Blvd, Beverly Hills CA Stanford Tabb introduced himself as an owner of the Hapsmith Company, and briefly explained the history of his company. He said the Hapsmith Company is a real estate development company founded in 1958 specializing in commercial real estate. They employ approximately 40 employees to manage their developments throughout the country. On a personal note, Mr. Tabb explained his interest lies in education having served in different capacities over the years, and further explained the community involvement he intends to provide to Auburn. Mr. Tabb discussed the concept of the proposed mall and the differences between the standard mall (Southcenter) and a discount mall (North Bend; Centralia). The proposed mall will feature off price discounts on value oriented merchandise. Customers will come from a larger trade area, stay longer, and buy more. There are four malls existing today similar to the one proposed for development in Auburn and all are located east of Chicago. Mr. Tabb commented that the citizens of Auburn will be proud of Auburn Supermall because it will be attractive in appearance due to landscaping of 25% more than what is required by code, unique entrances, lighting, and other amenities. John Keegan - John Keegan, attorney representing the Hapsmith Company, commented briefly on the proposed rezone application. He highlighted that the site designated for the regional shopping center is in an area where there are no wetlands, that the EIS will reasonably mitigate all adverse impacts such as traffic and storm drainage, and that the fiscal, economic and other benefits will be a result of the development of the mall. He further highlighted the number of jobs and the economic benefits, and acknowledged that the Hapsmith Company virtually accepted every request made by the downtown merchants in order to cooperate and provide for mitigation for the mall. With traffic and storm drainage being some of the concerns of this project, Mr. Keegan spent a few moments explaining key elements contained in the recommendation of the Planning Commission and staff. He explained the aggressive approach they are taking in dealing with transportation issues as well as parking for employees and customers. They have offered Metro a 500 car parking lot and estimated a 15% reduction in the number of trips off the freeways which exceeds the requirements of the EIS. Regarding the storm drainage, the Hapsmith Company worked with city staff and King County resulting in a proposed development of a detention pond 10 acres in size allowing for 5 times more than required. Mr. Keegan finalized his comments by stating they are requesting the Council to approve the rezone and Comprehensive Plan Map amendment to implement our own plan and to offer Auburn an chance to attract a larger retail market and to A UBURN CITY COUNCIL MINUTES Page No. 5 April 27, 1993 recapture sales within the city. He said the mall cannot be built on a smaller piece of property which would carry the same traffic impacts the city requires. James Handmacher - James Handmacher is a land use attorney representing the Citizens for Auburn's Future. Mr. Handmacher empathized with Council in the decision they had before them as he is a former City Council Member from the City of Federal Way. Mr. Handmacher directed concerns of the proposed development of a regional shopping center by stating, the EIS does not contain an accurate and or thorough issues facing the city left little margin of error. His question was why mitigate in some areas and not others. Issues such as traffic during peak hours, new trips, inclusion of surrounding freeway systems levels, local street issues, and development of surrounding strip malls like other malls within the region. He questioned whether or not fiscal impacts, percentage of occupancy of the mall, public services such as public safety, economic impacts and what the trade offs are that are being given up and if they were adequately addressed. Mr. Handmacher discussed past experiences of other regional malls in the area and the effect surrounding areas have had. He expressed a concern of current retail business being absorbed by the Supermall and wondered if the development will transform Auburn into a city such as Tukwila changing the character of the community. Mr Handmacker proposed the Council turn down the rezone in hopes of preserving the community. Referring to Public Testimony Sign Up Sheet, Mayor Roegner announced speakers will be taken in the order in which they have signed up to speak. Again, each speaker will be allowed 3-5 minutes. Don Connell - 22925 21 st A venue South, Des Moines Don Connell introduced himself as a retired professional engineer. Mr. Connell stated he is in opposition to the proposed rezone due to the impact of crime associated with malls. He did not feel this issue was adequately addressed in the EIS. David Seoic - 5938 Beverly Avenue N.E., Tacoma David Sepic is the manager of Rottles in Auburn. He expressed concern for traffic levels on Highway 18 with the proposed project and the racetrack, if built in Auburn. Mr. Sepic proposed stronger mitigation required by the developers. Chris Lehman Chris Lehman lives outside the city limits of Auburn and has written to the Planning Commission and Planning Department with regard to the proposed rezone property. Mr. Lehman feels the Council should turn down the mall because the Hearing Examiner and Planning Commission recommendations did not adequately address issues such as traffic, economy, downtown impacts, neighborhoods, and inconsistencies with the Growth Management Act. He suggested strengthening Auburn in other creative ways. Pat Cavanaugh - 26 East Main Street, Auburn. AUBURN CITY COUNCIL MINUTES Page No.6 April 27, 1993 Pat Cavanaugh is a business owner on Main Street in Auburn. Mr. Cavanaugh noted he has not been silent on this issue during the last three years, and is in opposition due to the errors presented in traffic impacts, retail sale projections, freeway levels, and economic areas. He noted the effects of Bellis Fair Mall, a recently developed mall, in Bellingham. Mr. Cavanaugh pleaded the Council vote against development of the Supermall. Lee Sanchez - 15 I Street S.E., Auburn, W A Mr. Sanchez is against the rezone because he felt the Planning Commission acted publicly irresponsible in recommending approval of this process due to traffic levels and the local financial outlook. He wondered how the Council could justify the mall when there is already ample shopping areas available. Mayor Roegner called for a five minute recess at 7:46 p.m. The meeting reconvened at 7:48 p.m. John Rottle - 226 East Main, Auburn, W A After thanking the council for the time spent on this project, John Rottle expressed his opposition to the development of this project because he felt it is problematic due to the effects of increased traffic, bringing low paying jobs into the area, undermining the quaint atmosphere Auburn enjoys, and other environmental, social, and economic impacts previously discussed. Bobbv Wolf - 326 Main Street, Algona W A Bobby Wolf previously submitted copies of petitions signed by over 200 cItIzens and filed by Citizens of Algona expressing their concern with regard to the development of the Supermall. She related concerns for the such as residential neighborhoods located just outside the development of the Supermall property such as traffic, noise, and recommended an EIS be done regarding the impacts to Algona. Michael R. Bocatch - 111 H Street S.E., Auburn W A Michael R. Bocatch is a resident of Auburn. Mr. Bocatch expressed concern with the regard to the Planning process and the availability of public information documents. He criticized the process as failed and ruled it illegal citing an appearance of fairness issue. Mr. Bocatch directed attention to pedestrian safel\ty concerns regarding railroad tracks. Richard Yasger - 1105 37th St Ct. NW, Gig Harbor W A Mr. Yasger is a resident of Gig Harbor and attended this meeting to question whether or not this development process complies with the Growth Management Act. He indicated, based on development in California, this project has adverse impacts on not only the community but the region too. Mark Sturn of - 835 H St N.E., Auburn W A Mark Stumpf was called to testify in order in which he had signed up, but when his name was called he was not in attendance. Janice Berk-Nelson - 520 F Street SE, Auburn WA Janice Berk-Nelson supports the proposed mall. She recalled a mall built in Flordia and pointed out the positive results. She stated people shop for different AUBURN CITY COUNCIL MINUTES Page No. 7 April 27, 1993 reasons. She urged the Council not to fear change and to keep tax dollars in Auburn. Kathv Anderson - 510 Hi Crest, Auburn WA Kathy Anderson, a resident of Auburn, sympathized with those people who have expressed a concern with regard to the traffic impacts, but she questioned what they were comparing it to. She felt building the mall is a good alternative for Auburn. Vallerie Miller - 320 F Street S.E., Auburn Vallerie Miller is a resident of Auburn. She supports the mall because she would rather shop in Auburn. Jan Cavanaugh - 26 East Main, Auburn W A Jan Cavanaugh stated the Council has received many letters from her expressing concern with regard to the development of the mall. She said the decision the Council is facing is important to Auburn's history. Ms. Cavanaugh expressed concern with regard to transportation, lower standards of living, lower income housing, clogged streets, high insurance rates, air pollution, and wildlife with development of the Supermall. She suggested the Council seek large corporate or industrial parks for development of the proposed rezone property. Ms. Cavanaugh urged the Council to vote no. George Trout - 102 M Street S.E., Auburn WA George Trout introduced himself as a resident who has resided in Auburn longer than most of the people here tonight, and a restaurant owner. Mr. Trout remembered 35 years ago and what the traffic was like then. He pointed out that traffic can be contended with and that he is 100% in favor of the development of the Supermall. Finalizing his comments, he stated the wetland issue was created when Highway 167 who developed over what once was his farm creating four times the amount of wetlands. Richard Rutkowski Mr. Rutkowski was called to podium, but he was not in attendance at that time. Mark Bodensteiner - 3029 14th St SE Auburn W A Mr. Bodensteiner has been a resident in Auburn over 20 years. He is currently the president-elect for the Chamber of Commerce. Mr. Bodensteiner reported the Chamber of Commerce established focus groups to review issues facing this community. He said people with high paying job do not live in Auburn due to the lack of shopping. Mr. Bodenstein remembered when the Bingo parlor was developed in Auburn and all the fuss over traffic. He complimented the city on the traffic improvements, and he did not see why any traffic problem would not be addressed with the development of the mall. Mr. Bodensteiner urged Council approval. Vic Ericson - Seattle King County Economic Development Council Mr. Ericson is the current President of the Seattle/King County Economic Development Council, and favored the development of the Supermall seeing both King County and Auburn benefits. He stated the Supermall would offer an array AUBURN CITY COUNCIL MINUTES Page No. 8 April 27, 1993 of hope to those people who are unemployed. He further testified the benefits will justify the decision and will enhance the quality of life for the community. Cyril Van Selus - 20 Riverview Dr. S.E., Auburn W A Cyril Van Selus presented two sets of petitions supporting the mall which were left in businesses for citizens to sign. 1,222 Auburn citizens signed the petitions as well as 39 people from Algona.. Wayland Scarff - Scarff Motors Wayland Scarff expressed support of the Supermall. Mr. Scarff's family has resided in Auburn for the past 71 years. He said by supporting the mall, he said, it will ensure more stability in the creation of 4,000 new jobs to the area. Mr. Scarff felt the traffic concerns are out of proportion. Steve Trout - 220 D Street S.E. Auburn W A Steve Trout has lived in Auburn his whole life. Mr. Trout encouraged the Council to vote for the Supermall for what is good for Auburn because it will bring desperately needed jobs. When Auburn is flourishing and the economy is healthy, business is thriving. Bill Morchin - 1345 East Main Street, Auburn W A Bill Morchin expressed concern of the traffic flow report as being derated from the normal designation code. Dick Brugger - 816 F St SE Auburn WA Dick Brugger is the Executive Director of Auburn Youth Resources. Personally, he is in favor of the mall because he feels it will stimulate jobs for the people currently unemployed. He said especially for young people because they will have hope, vision, and stimulation needed to grow. He urged a favorable vote from the Council. Annette Brice - 903 East Main Street, Auburn W A Annette Brice stated she testified at the Planning Commission hearing that her family loves to shop. She described a mall in Flordia she visited. Ms. Brice stated the mall will provide a positive reenforcement to the community to expand its economic base. Charles Poe - 1807 4th Street N.E., Auburn W A Charles Poe lives and works in Auburn in the construction industry and currently is a Board of Trustee for the Washington Contractors Association. Mr. Poe clarified that he is not associated with the Hapsmith Company. Mr. Poe presented tax revenue and employment statistics favoring the development of the Supermall. Peter B. Lewis - Auburn North Merchants Association Mr. Lewis, Vice-President of Sterling Savings Bank, pointed out he has 50-100 applications from kids and adults wanting work. He said he read the EIS in detail, and questions what happens to the roads if the mall does not go in, who is going to pay. The taxpayers, he said. Mr. Lewis urged support for the mall. Mike Morrisette - 228 1st St NE Auburn W A A UBURN CITY COUNCIL MINUTES Page No.9 April 27, 1993 Mike Morrisette is the current Manager of the Chamber of Commerce. Mr. Morrisette directed attention to current unemployment statistics which he said were worse than he imagined. He further noted that Auburn residents are shopping in other communities, not in Auburn. As far as attracting other industry to Auburn, we simply do not meet the siting criteria. Mr. Morrisette voiced his confidence in the planners to successfully mitigate the Supermall, and concluded his remarks by expressing support of the Supermall for providing jobs. Caryn Hanan - 1607 Tacoma Drive E. Sumner W A Caryn Hanan stated she is an educated woman, and is currently working in retail on a part-time basis while looking for a job in her field. She said she was offended by the reference that retail is considered a low paying job. Ms. Hanan urged the Council support of the Supermall. Jessica Erickson Ms. Erickson expressed her support of the Supermall project in that it will benefit the area. She said after living in this area for six years she has shopped once in downtown Auburn. Ms. Erickson explained retail jobs are important to High School students, and retail marketing majors. Sam Petersen - 1101 Pike Street N.E., Auburn, W A Sam Petersen sees the Supermall as a tremendous plus for Auburn due to the projected job opportunities, and he, therefore, supports the mall 100%. However, he warned the Council of allowing a one lane fly-over overpass into the Supermall as a result of what he saw happen at San Diego mall. He recommended the Council consider two lanes. Kirk Long - 539 Aaby Drive, Auburn W A Kirk Long urged Council support of the Supermall. J.W. Sinkankas - 2022 I Street N.E., Auburn W A Johnson Sinkankas supports the mall and zoning change because of the number of job opportunities it will bring to Auburn. Given the shuttle bus and current regional planning of a rail system, Mr. Sinkankas felt the traffic issue will be resolved. Roger Padvorac - 401 37th Street S.E. #74, Auburn WA Mr. Padvorac revealed he is against building the Supermall in Auburn. Rather, he felt consideration should be given in attracting larger business. Mr. Padvorac questioned the administrative process on developments such as this. Ike Ikerd - 3028 M Drive N.E., Auburn W A Mr. Ikerd refuted the claim that the Supermall bringing more crime into the City of Auburn. He said crime is going to increase anyway, and high density housing and strip malls create far more crime that what we see at malls today. He felt it was wise that the Council to go ahead and approve the rezone because the Supermall will be a consistent tax base and bring better economic times for Auburn. Richard Rutkowski - Green River Community College, Auburn W A A UBURN CITY COUNCIL MINUTES Page No. 10 April 27, 1993 Mr. Rutkowski spoke in favor of the Supermall due to the number of jobs it will bring to unemployed families, students, and the whole community. He stated entry level jobs are critical to the success of students, and according to Mr. Tabb the positive community involvement offered is a an extremely positive gesture. Mayor Roegner called for a five minute recess at 9:25. The meeting reconvened at 9:35. Wayne Heisserman - 20 B Street N.E., Auburn W A Mr. Heisserman urged the Council to support the rezone for the shopping center because it is an opportunity for the betterment of Auburn with the creation of new jobs. After so many years of working on ways to improve Auburn and losing businesses such as Rohr and now with Pay less closing their distribution center, we need the Supermall. Paul Roggenkamo - 39428 200th A venue S.E., Auburn W A Paul Roggenkamp has been a resident of Auburn for 16 years and supports the rezone. Mr. Roggenkamp addressed issues of jobs, traffic, crime, and impact on downtown. He said crime is not a result of a shopping mall but of social issues such as drugs and the breakdown of families. Crime exists everywhere, and can be managed by hiring security to assist the local authorities. He said operating hours of the malls are not during peak commuter hours. Nancv Colson - 904 5th Street N.E., Auburn W A Nancy Colson is a resident of Auburn and currently is the President of the Chamber of Commerce. Ms. Colson submitted a newspaper clipping showing Auburn resident Deanna Blumenstein looking for bargains at a post-Christmas sale at the Nordstrom Rack in Southcenter's Pavillion. Ms. Colson concluded Auburn needs to be competitive in the retail area to support growth and diversity by making changes that will be positive for Auburn. Ms. Colson urged Council support of the Supermall. Steve Hanson - 302 N Street N.E., Auburn W A Mr. Hanson did not speak before the Council, but left written testimony for Council review. Mike Bocatch - 111 H St SE Auburn W A Submitted an additional 14 pages of testimony into the record. Paul Mallary - 207 2nd A venue North, Algona W A Paul Mallary is a resident of Algona and spoke on behalf of Algona residents. He expressed concern of traffic problems Auburn currently faces. He said South King County is a sleeping giant due to the proposed development of the mall and racetrack and hopes complex traffic problems can be mitigated. Dana Mower - 2529 185th Avenue East, Lake Tapps W A Dana Mower favors the Supermall project. He is not concerned with data in the EIS. He feel this development is a unique opportunity for Auburn to obtain better services and economy. Jim Rottle - 226 East Main Auburn W A A UBURN CITY COUNCIL MINUTES Page No. 11 April 27, 1993 Jim Rottle is a life long resident of this community. Mr. Rottle expressed concern with regard to the traffic improvements related to the project. He feels it will be "one big mess". Janice Goodman - 3611 I Street N.E., Auburn W A Janice Goodman identified herself as a professional shopper. She expressed concern with this development due to increased crime. Charlotte Nelson - 3611 I Street N.E., Auburn W A Charlotte Nelson expressed concern with regard to development of the mall. She felt everything has a price and she wanted to know who was going to pay for the roads. Pam Eoeneter - 20520 Island Parkway East, Lake Tapps W A Ms. Epeneter has lived in this community all her life. She raised two issues: education; and environment. Ms. Epeneter does not support the Supermall. Pertaining to education, Ms. Epeneter felt age limits should be placed on teens for hire into the retail business. She felt a paycheck would lure teens away from their education. Speaking on the environment, Ms. Epeneter said this area is already out of compliance, and with the Supermall the environment will suffer. John Raeder - 4102 B Place Auburn WA John Raeder has been a businessman in Auburn for six years. Mr. Raeder pointed out the Hapsmith Company is going to build a mall somewhere in the Puget Sound area if not in Auburn. With the 1-5 corridor offering good accessibility to Auburn, he felt this area would prosper with the development of the Supermall. Bruce Haroham - 2625 South 359th, Federal Way W A Bruce Harpham belongs to the Rainier Chapter Audubon Society, and discussed the Blue Heron habitat, tolerance levels, and current air and water quality represents a indicator of the quality of life that exists here. He requested the Council look at these issues to mitigate the impacts to the wildlife. Rod Malcom - 39015 172nd Avenue SE Auburn WA Rod Malcom is a Biologist with Muckleshoot Indian Tribe Fisheries Department. Mr. Malcom pointed out the impacts of the EIS do not adequately address storm water quality and impacts upon fish and their habitat in Mill Creek. Mr. Malcom discussed water quality, temperature, and chemical discharge impacts and the effects of the fish. He does not feel the storm drainage and water quality in the EIS are adequate and will affect the fish if the mall is developed. Diann W. Jones - 1010 21st Street SE Auburn W A Ms. Jones has been a resident of Auburn for 36 years and works as a health care provider. Ms. Jones maintained that the development of the mall would raise the percentage and cost of health care in Auburn due the part-time job opportunities and no health benefits. She urged the Council to look at bringing in business that can offer better wages than the retail business. Mike Hart - 11716 S.E 322nd Street Auburn WA 98002 AUBURN CITY COUNCIL MINUTES Page No. 12 April 27, 1993 Mike Hart expressed support of the Supermall by stating this project is a good economic use of the land and will provide jobs for students who need spending money. Hugh LeiDer - 1819 South Central, Suite 116, Kent W A Mr. Leiper compared other malls located within our region such as Northgate, Bellevue Square, Capital Mall, and South Sound noted some of the successes and some of the failures. Mr. Leiper recommended private public urban renewal as a fit for Auburn. Mike Salazar - 16 A Street SE, Auburn W A 98002 Mike Salazar urged Council to vote in favor of the Supermall. Mr. Salazar highlighted positive impacts and diversity the mall will have, and if the mall isn't built another type of development will go in there. Mr. Salazar commended the Hapsmith Company in mitigating issues presented to them. He urged the Council not to let the fear of change be a reason to not build the mall in Auburn. David Bockmann - 3502 Lemon Tree Lane, Auburn W A Mr. Bockmann reiterated the need to allow the Supermall to be built due to the potential development of other types of business such as strip malls. He said the Hapsmith Company offers a quality control development. Hearing the President of Green River Community College urge support of this project due to the number of jobs it will create for students, Mr. Bockmann stated he worked two retail jobs while obtaining his undergraduate degree, an opportunity he would not have had had it not been for the fact there were retail jobs available. Phil Best Mayor Roegner called for Mr. Phil Best to come to the podium to give his testimony. Mr. Best was unavailable and did not speak before the Council. Virginia Haugen - 2503 R St SE, Auburn W A Virginia Haugen announced she is a current laid off employee of Boeing. She urged the City Council to listen to the people in Algona regarding the traffic problems, and pay attention to other issues faced in development of the mall even though she would like to see progress in Auburn. Tim Edwards - 9960 E Main Street, Auburn WA Referring to the sign-up sheet, Mayor Roegner called Tim Edwards to come forward, but he was not available to speak. George Rottle - 2500 Forest Ridge Drive, Auburn W A George Rottle explained that he has no connection to the Auburn store but has been a resident of Auburn for 24 years. He is opposed to the mall, and admitted he is scared of the change the mall will bring to Auburn. Frank Hedley - San Bruno CA Mr. Hedley is a City Manager and Police Chief in San Bruno, CA. Mr. Hedley related his experience in working with the Hapsmith Company 22 years ago when a mall was proposed in their area. He cited the revenue far exceeds the costs of services. He said the Supermall project will bring a positive community partner AUBURN CITY COUNCIL MINUTES Page No. 13 April 27, 1993 into Auburn as the Hapsmith Company has provided continued support of their proportionate share to mitigate emerging problems for their mall. Tom Foley - Pleasanten CA Mr. Foley, General Manager of Tamrian Park Shopping Center. Mr. Foley briefly described the development of this shopping center over 10 years ago and other amenities within the area. He said they have a shopping mall, a racetrack, 1000 acre business park, and a downtown community. 10 years later, he said, the mall is very successful, the business park is doing well, racetrack and county fairgrounds are opened every weekend and downtown is vibrant. Mr. Foley pointed out that community services and programs have been enhanced due to the development. Clyde Jones - 1010 21st Street S.E, Auburn W A Mr. Jones complained about the Hearing Examiner process as he felt it presented an Appearance of Fairness issue because the Hearing Examiner would not listen. He also complained that the Planning Commission did not continue its hearing to provide time to read documents submitted during the latter part of the hearing. He requested another traffic study, a further look at the fiscal impacts, and to take the time to study what is happening in Bellingham. Mayor Roegner requested those people who did not sign up or who has not testified to come forward with new information. Jim Craine - 912 South 296th, Federal Way W A Mr. Craine expressed concern of the Supermall development based on the risks that will be taken. He said the mitigation efforts were insuffienient and the picture of this project appears too rosy. Ann Von Romotto - 643 I Place N.E. Ann Van Romotto has been a resident of Auburn for five years. She expressed concern of gang activity at the malls, and does not feel mall security alone will prevent robberies 10 miles away from her home. Ms. Von Romotto asked the Council to vote no because she wants Auburn to remain a nice place to raise a family. Motion by Councilmember Burns, second by Councilmember Barber to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Mayor Roegner requested a five minute recess at 10:55 p.m. The meeting reconvened at 11:03 p.m. Steve Lancaster responded to some of the issues raised during the five hours of public testimony. He said all the issues raised this evening have been thoroughly discussed and are part of the record. Mr. Lancaster pointed out the site is well separated from the city's residential areas which have been granted special protection under the Comprehensive Plan; the second point is that the Comprehensive Plan, the Zoning Ordinance and the existing land use patterns, and the existing physical constraints of the land use within the vicinity of the proposed development make peripheral development like that surrounding SeaTac and Southcenter not possible. A UBURN CITY COUNCIL MINUTES Page No. 14 April 27, 1993 Mr. Lancaster pointed out the transportation system that currently exists, State Route 18 and Highway 167, minimizes the traffic impacts on local streets. Mr. Lancaster finalized his comments by stating if the mall is not built in Auburn it will be built in a neighboring area and we will still have the impacts without regulatory and the financial ability to mitigate those impacts. He restated his recommendation that the rezone and Comprehensive Plan Amendment be approved. Mayor Roegner acknowledged there is a policy question before the Council this evening. He said if an affirmative vote is taken with regard to the policy question, an ordinance in front of the Council this evening would be appropriate for such action. Discussion ensued among the Councilmembers, staff, and legal counsel for the Hapsmith Company with regard to proposed traffic and transportation improvements, railroad safety, storm drainage standards as set by King County and water quality, budgeting and how the revenue impacts of the sales tax would vary, wetland mitigation, wildlife concerns, and public safety requirements as a result of the mall. Mr. Lancaster summarized the responses to most of the concerns raised by the City Council by first explaining that the proposed project has been studied very rigorously. He explained the staff reports indicate that water quality in Mill Creek will, runoff from the site would not exceed water quality standards; required bonds will assist in monitoring for the performance of the wetland mitigation for a period of three years; Mr. Lancaster clarified traffic concerns with regard to the number of people that might visit downtown based on the EIS. The EIS states a potential of 1.1 million additional shoppers may visit downtown depending on the ability of the downtown businesses to attract people there; based on traffic analysis and predictions, it is still quicker to stay on the freeway rather than use local access to get to the mall, and steps will be taken to ensure adequate communication with the neighboring City of Algona. Mr. Lancaster stated currently the Blue Herons do not depend on the proposed project site for feeding and believes they will not relocate as a result of this development. With regard to the fiscal impacts of the mall, Finance Director Pat Dugan responded to the issues raised with regard to the revenue flow from the mall to finance the fire station. He said when the analysis was done they tried to anticipate all the activity related to the mall. Included in that were fire services. Even though the fire station which resulted in the necessity for a commitment to begin construction earlier than the City has otherwise planned. Prior to making a motion, Council member Burns explained it is difficult to turn down 4,000 jobs due to the many people in this community that are unemployed; also, the environmental issues we face with this development will be faced with any other type of development and the property will develop; and as far as the conditions we have imposed on this development, Councilmember Burns felt approving this development is the most responsible thing to do because it is consistent with our Comprehensive Plan, and if we don't approve it, it sends a negative message out to other developers. As far as attracting higher paying jobs, Councilmember Burns stated that we cannot force Microsofts or Nintendo or other companies into this community. AUBURN CITY COUNCIL MINUTES Page No. 15 April 27, 1993 Motion by Councilmember Burns to uphold the Planning Commission's Findings of Fact and Conclusions and Conditions, and to approve the proposed rezone and Comprehensive Plan Map Amendment based upon the Planning Commission's Findings of Fact, Conclusions and Conditions, and to move on to the necessary ordinance and resolution. Second by Councilmember Wagner. Under discussion, some of the Councilmembers explained their position for voting for or against the Supermall. MOTION CARRIED. 5-2 with Council members Borden and Kurle voting no. Ordinance No. 4627 An Ordinance of the City Council of the City of Auburn, Washington, providing for the rezoning of approximately 60 acres for certain property located between SR 18 and 15th Street S.W. and between SR 167 and Union Pacific Railroad, within the City of Auburn, Washington, by changing the zoning classification thereof from M-l (Light Industrial) to C-3 (Heavy Commercial) and repealing Ordinance No. 2846 passed October 21, 1974 and any associated agreements executed thereto. Motion by Councilmember Burns, second by Councilmember Wagner to introduce and adopt Ordinance No. 4627. MOTION CARRIED. 5-2 with Councilmembers Borden and Kurle voting no. Resolutio No. 2410 A Resolution of the City Council of the City of Auburn, Washington, adopting and approving amendment to the Comprehensive Plan Map pursuant to Application No. MISOOI2-92 for the City of Auburn, Washington, in accordance with the provisions of RCW Chapter 35A.63 of the law of the State of Washington, and directing that this Resolution be filed with the Auburn City Clerk and be available for public inspection. Motion by Council member Burns, second by Councilmember Wagner to adopt Resolution No. 2410. MOTION CARRIED. 5-2 with Councilmembers Borden and Kurle voting no. B. Audience Particioation - None. C. Corresoondence 1. Suoermall of the Great Northwest 03.3.1 Letter dated April 18, 1993 from Susan Nevers to the Auburn City Council expressing opposition to the proposed "Supermall of the Northwest". Letter dated April 16, 1993 from John Rottle to Council Members providing information with regard to the Supermall. Letter dated April 18, 1993 from Georgene Holland to Council member Jean Barber requesting a no vote on the Supermall. AUBURN CITY COUNCIL MINUTES Page No. 16 April 27, 1993 Letter dated April 19, 1993 from Paula R. Thrush to Auburn City Council Members expressing concern for the proposed Supermall. Letter dated April 21, 1993 addressed to Stacey Brothers and other Council Members from Nancy Colson, President of the Chamber of Commerce expressing support of the Supermall. Letter dated April 7, 1993 to Mike Weekley from Bruce D. Sanchez and Mary Merten expressing their opposition to the Auburn Supermall. Letter dated April 19, 1993 to Mike Weekley from Diann Winkcompleck Jones expressing concern with regard to the Supermall. Letter with no date from M. Daflyn to Council expressing opposition toward the rezone of the Supermall. Letter dated April 28, 1993 to Pat Burns from Maureen G. Braeden expressing support of the Supermall. Letter dated December 10, 1992 from Peter T. Wagner to Mayor Roegner and City of Auburn Council Members expressing support of the Supermall. Letter with no date to a Councilperson from Emily S. Brightshue expressing opposition to the Supermall. Letter dated March 22, 1993 to the Auburn Planning Department from Herb Christensen expressing support of the Supermall. Auburn's Future flyer, Volume I, Issue 1 dated January, 1993 and dated received February 1, 1993 requesting citizen write to City Council Members and the Planning Commission. Citizens for Auburn's Future flyer asking for help and pointing out Areas of Concern. Citizens for Auburn's Future flyer announcing a public forum on the Supermall on March 18. Letter dated August 11, 1993 to Lois Stark, Auburn Planning Department, from Pat Schmick and Connie Fenstermacher expressing support of the Supermall. Letter dated October 1, 1992 to Mayor Roegner from Steven Flower expressing support of the Supermall. Letter dated January 19, 1993 from Gloree L. Grazinani to Pat Burns protesting construction of the Supermall. Letter dated November 30, 1992 to Steve Lancaster, Planning Director, from Otto W. Herman, Jr., Director of Rebound (The Seattle King County Building & Construction Trades Council) submitting comments to the Final Supplemental Environmental Impact Statement. AUBURN CITY COUNCIL MINUTES Page No. 17 April 27, 1993 On a sample format for support letter to Auburn Planning Commission or Mayor and City Council from Mavis L. King expressing support of the Supermall. Letter with no date indicated to a Councilperson from Patricia Koler expressing opposition toward Supermall. Letter to Pat Burns dated February 12, 1993 from Karen Morchin expressing that she does not support the Supermall. Letter dated August 19, 1992 from Leslie Robbins expressing concern with the environment with regard to the Supermall. Supermall of the Great Northwest Supporter form submitted by: M. Ann Yount, Wayne Yount, L.H. Schmick, Patricia L. Schmick, Joyce M. Stone, and Richard L. VanWagoner. Letter dated April 20, 1993 to Auburn City Council Members from Karlene Miller expressing concern with regard to the Supermall. Letter dated April 21, 1993 from John E. Keegan with regard to the The Hapsmith Company Rezone and submitting a booklet prepared by the Hapsmith Company which summarizes facts about the impacts, jobs and economic benefits. A Presentation of the Supermall of the Great Northwest is separately included in City Council agendas. Letter dated April 20, 1993 to Mayor Bob Roegner from Len Elliott requesting a "no" vote on the Supermall. A Rapid Letter to Councilmembers dated April 26, 1993 from Earl W. Clark with regard to the Supermall. Letter dated April 22, 1993 to the City Council from Patricia L. Cripe expressing concern with regard to the Supermall. Letter dated April 16, 1993 to the Editor from Janine Meloy expressing concern with regard to the Supermall. Letter dated August 2, 1992 to Steve Lancaster from Elizabeth Tudor Scharnhorst expressing concerns with regard to the Supermall. Letter dated April 23, 1993 to Council Members from Elizabeth Tudor Scharnhorst sharing concerns raised to the Hapsmith Company and the City of Algona. Letter received on April 23, 1993 to Mayor and Council from Russell D. Gates, Beverly J. Gates, and Douglas R. Gates expressing support of the Supermall. Letter dated April 20, 1993 to Auburn City Council Members from Karlene Miller expressing concern with the Supermall. A UBURN CITY COUNCIL MINUTES Page No. 18 April 27, 1993 Letter received on April 23, 1993 to the City Council from Geraldine Mertz expressing her opposition to the request of Hapsmith Company for a rezone to build a shopping center. Letter dated April 26, 1993 to Mayor Roegner and Council Members from Blake Nordstrom expressing support for our community in development of the Supermall. Letter dated March 30, 1993 to City of Auburn Planning Commission from Michael D. Riggs, P.E. of Gibson Traffic Consultants expressing traffic and freeway engineering impact concerns with regard to the development of the Supermall. Letter dated April 14, 1993 to Council Member Mike Weekley from Donald A. Rottle expressing his opposition to the Supermall. Letter dated April 19, 1993 to Council Member Mike Weekley and Jeanne Barber from Janice Cavanaugh expressing opposition to the Supermall. Letter dated April 27, 1993 to the Auburn City Council from Mr. Frank E. Crocker expressing support of the Supermall. Letter dated April 24, 1993 to Mayor Roegner and the Auburn City Council from Henry T. Ferguson expressing support of the proposed Supermall of the Great Northwest". Type written comments received on April 27, 1993 from Bobby Wolf, Karlene Miller, and Melissa Franzen representing a large number of Algona citizens with a copy of a petition that has been signed by 247 people designated as Attachment 'B', and a City of Auburn Agenda Bill Approval Form designated as Attachment 'A' with regard to the Public Hearing-Application No. REZ0009-90 & MISOOI2- 92. Letter dated April 19, 1993 to Jeanne Barber from Janice Cavanaugh requesting a no vote on the rezone that would allow the Supermall to be built. Letter dated April 21, 1993 to Pat Burns from Janice Cavanaugh enclosing a copy of a letter to the Editor from Paula R. Thrush with regard to the Supermall. Letters dated April 27, 1993 to Rich Wagner, Pat Burns, and Jeanne Barber from Lenore K. Banchero urging support of the Supermall. Letter dated February 26, 1993 to the Auburn City Council from Minda Piratta and the Caliboso family expressing opposition to the development of Auburn 400. Letter to the City Council received on April 27, 1993 from the Blake family expressing support of the Supermall. 2. Letter received on April 27, 1993 to Jeanne Barber from Debbie Fisher extending an invitation to the Auburn Great Blue Heron Viewing Day this Saturday, April 24, 1993. AUBURN CITY COUNCIL MINUTES Page No. 19 April 27, 1993 3. Exhibits filed at the April 27, 1993 special Council meeting to be included as part of record: Exhibit # 1 - Exhibit #2 - Exhibit #3 - Exhibit #4 - Exhibit #5 - Exhibit #6 - Exhibit #7 - Exhibit #8 - Exhibit #9 - Exhibit #10- Exhibit # 11- Exhibit #12- Exhibit #13- Exhibit #14- Public Testimony Sign Up Letter dated April 24, 1993 from Maxine elser. Letter dated April 24, 1993 from Patrick E. Cavanaugh expressing opposition to the Supermall. The Seattle Times South Edition for April 20, 1993 highlighting "Auburn Bucks crime-increase trend". Estimated Crime Impact of an Auburn Supermall dated April 27, 1993. News article from the Times from Christopher K. Leman titled Supermall would gobble Auburn, drain other cities. Letter to the Planning Commission from Christopher K. Leman regarding the Supermall of the Great Northwest (REZ0009-90- MISOO 12-92) Letter to Steve Lancaster from Christopher K. Leman dated August 2, 1992. Article from the Trade/Transportation & International business by Christopher K. Leman dated February 26-March 4, 1993. News article from the Seattle Daily Journal of Commerce dated August 19, 1992 with regard to Traffic: Can we still get ther from here by Chris Leman. Two notebooks filed by Cyril Van Selus containing petitions signed by 1,222 citizens in support of the Supermall. Valley Daily News photo by Duane Hamamura as it appeared in the Friday, January 1, 1993 submitted by Nancy Colson. Letter to the Auburn City Council from Steve Hanson dated April 27, 1993 regarding the Supermall. Additional testimony submitted by Mike bocatch with regard to Supermall. III. COUNCIL COMMITTEE REPORTS This being a special meeting, no reports were filed. A. Municioal Services B. Planning & Community Develooment C. Public Works D. Finance A. Minutes - None. B. Vouchers - None. IV. CONSENT AGENDA V. OLD BUSINESS - None VI. NEW BUSINESS - None AUBURN CITY COUNCIL MINUTES Page No. 20 April 27, 1993 VII. ORDINANCES AND RESOLUTIONS A. Ordinances 1. Ordinance No. 4627 An Ordinance of the City Council of the City of Auburn, Washington, providing for the rezoning of approximately 60b acres of certain property located between SRl8 and 15th Street S.W. and between SR167 and Union Pacific Railroad, within the City of Auburn, Washington, by changing the zoning classification thereof from M-l (Light Industrial) to C-3 (Heavy Commercial) and repealing Oridnance No. 2846 passed October 21, 1974 and any associated agreements executed thereto. See action on this ordinance under the public hearing portion of these minutes. B. Resolutions 1. Resolution No. 2410 A Resolution of the City Council of the City of Auburn, Washington, adopting and approving amendment to the Comprehensive Plan Map pursuant to application No. MISOOI2-92 for the City of Auburn, Washington, inaccordance with the provisions of RCW Chapter 35A.163 of the laws of the State of Washington, and directing that this resolution be filed with the Auburn City Clerk and be available for public inspection. See action on this resolution under the public hearing portion of these minutes. VIII. MAYOR'S REPORT IX. ADJOURNMENT There being no further business to come before the Auburn City Council, the meeting adjourned at approximate 12:15 a.m. on April 28, 1993. Øf~~ Robin Wohlhueter, City Clerk Bob Roegner, Mayor 93M4-27