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CITY OF AUBURN
COUNCIL MEETING MINUTES
March 7, 1994
I. CALL TO ORDER
A. Flag Salute
Mayor Booth called the meeting to order at 7:30 p.m. and led those in attendance in the
pledge of allegiance.
B. Roll Call
Those in attendance included Mayor Booth and Members of the Auburn City Council as
follows: Burns, Wagner, Haugen, Borden, Barber, Brothers, and Kurle. Staff members
present included Police Chief David Purdy, Fire Chief Bob Johnson, Personnel Director
Pam Sime, Parks and Recreation Director Len Chapman, Deputy Finance Director
Arlene Mempa, Acting Planning Director and Public Works Director Frank Currie,
Senior Planners Lynn Rued and Al Hicks, Associate Planner Jeff Dixon, Acting City
Attorney Mike Reynolds, Assistant City Attorney Judy Ausman, Deputy City Clerk Dani
Daskam, and City Clerk Robin Wohlhueter.
C. Announcements and Aooointments
I. Announcements - None.
2. Aooointments - None.
D. Agenda Modifications
Agenda modification is filed under III.C and it transmits the February 28, 1994 Public
Works Minutes.
II. CITIZEN INPUT. PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
Mayor Booth briefed the Council on the first three public hearings that are interrelated
to the development of the new high school located on the north and south sides of
Oravetz Road, near its intersection with Mill Pond Drive. Discussion centered around
the fourth public hearing which is not part of the development of the high school, but
brings zoning consistency within the area of the new high school. It was the consensus
of the Council to receive testimony from those citizens who wished to comment upon
development of the new high school under Agenda Items II.A.l, II.A.2, and II.A.3 at the
same time. City Attorney Mike Reynolds clarified under II.A.2 that most of the public
testimony would be taken consolidating of all three public hearings before the Council
this evening, and as a technicality, the Mayor would open and close each public hearing.
1. Aoolication No. REZ0003-92 and MISOOO 1-94
03.8 REZ0003-92, 03.4.4 MISOOOI-94
The Request of the Auburn School District for a rezone of 38 :t acres from
UncI., Unclassified; C-l, Light Commercial; C-3, Heavy Commercial; R-4,
Multi-Family to P-I, Public Use. The property is located on Oravetz Road near
AUBURN CITY COUNCIL MINUTES
Page No.2
March 7, 1994
its intersection with Mill Pond Drive. The School District is also requesting an
amendment to the Comprehensive Plan Map.
Mayor Booth opened the public hearing. For the purpose of these minutes, the
testimony presented below is a reflection of the consensus of the Council to
receive testimony for Council Agenda Items II.A.l, II.A.2, and II.A.3.
Lynn Rued gave a brief presentation regarding each public hearing scheduled in
conjunction with the development of the new high school. Directing attention to
the overhead projector where a drawing of the proposed rezone property was
illustrated, Mr. Rued pointed to the location of the new high school located on
the south side of the Stuck River, next to Roegner Park, and northerly of
Oravetz Road; showed where parking areas would be and how Oravetz would be
realigned; and pointed to where the main high school building would be located
on the proposed rezone property.
Directing attention to the first public hearing, Mr. Rued detailed some of the
Findings of Fact, and Conclusions associated with the Auburn School District
request to approve a rezone and Comprehensive Plan map amendment on a 38 :t
acres piece of property located on the north and south sides of Oravetz Road
currently zoned Unci, Unclassified, C-l, Light Commercial, C-3 Heavy
Commercial, and R-4, Multi-Family to P-l, Public Use. Mr. Rued said the
Lakeland Hills Special Planning area was adopted as part of the Comprehensive
Plan which anticipated a multi-family development next to the existing park.
The Auburn School District is requesting a change to the existing policy to delete
a requirement of the developer to provide a dense screen along the boundary
separating the park and the proposed rezone property. Mr. Rued introduced
Attachment A, Comprehensive Plan Goals, Objectives and Policies, to Ordinance
No. 4660 which was inadvertently left out of the Council Agenda Packet.
Mr. Rued explained that an Environmental Impact Statement was prepared
addressing some issues; such as, the Stuck River, traffic, and to straighten out
Oravetz Road. He discussed concerns raised with the river being located 200 feet
from the proposed rezone property that is separated by a park. He said a
number of studies were conducted to obtain information on issues such as
erosion, and gravel deposits. Mr. Rued pointed out that even with a 200 foot
setback there is no guarantee that the school will not be affected by the river in
this area. He said if the riverbank erosion cntinues and gravel deposits increase
over a period of time, the carrying capacity of the river could decrease resulting
in a chance of overflow that would affect the park and proposed school property.
Mr. Rued concluded his comments by reviewing the request to amend Section
18.48.030 of the Zoning Ordinance with regard to light standards. Approval of
this amendment would allow for a Conditional Use Permit process which allows
an opportunity for the public to comment when light standards exceed the height
limitation of the P-l zone, which is 45 feet.
Some of the Councilmembers drew attention to concerns they have with regard to
the agreements securing future obligations between the School District and the
City should the river rise resulting in potential responsibility for damages, should
they occur. Other concerns raised were in regard to a zone change on the
proposed school site diminishing multi-family dwellings within this area;
A UBURN CITY COUNCIL MINUTES
Page No. 3
March 7, 1994
placement of the storm drainage system; location light standards on the school
property; extension of a bike/pedestrian path through the park; and screening
concerns.
With the Stuck River being controlled by a dam and guarding against erosion
damage, Frank Currie described reasons why the city does not need to be
immediately concerned. He pointed out that the river currently has a 6 to 9 foot
free board. He said the Federal Emergency Management Act requires three feet
of free board. Mr. Currie explained the City is proposing to monitor the river
and to set up an agreement for responsibility should the need arise.
Lynn Rued answered concerns raised pertaining to the proposed school project.
He said multi-family development is a 50/50 split between single family housing
and multi-family housing within the Lakeland Hills Special Planning Area. He
did not feel the use change on the proposed rezone property would have an
effect on the number of multi-family unit dwellings because there were multi-
family dwellings near the proposed rezone property located outside the Lakeland
Hill Special Planning Area.
Mr. Rued pointed out the location where a storm drainage system was proposed
and he stated the landscape screen requirements are lessened with the proposed
high school between the park and school property making for more of a
community atmosphere and open space. Len Chapman discussed the extension of
the trail once an agreement is established with a property owner. He said the
trail should be completed by mid 1995.
Jeff Grose - 915 4th Street N.E., Auburn, W A
Jeff Grose introduced himself as the Director of Capital Projects for the Auburn
School District. Referring to a site plan, an area plan showing the design and
character of the building, Mr. Grose explained that the 180,000 square foot new
high school will be built on a 38 acre site that will serve grades 9-12 with
approximately 1500 students and 900 staff. This will be Auburn's third high
school. Mr. Grose showed where play fields and parking will be located as well
as other athletic areas. He drew attention to an additional 115 parking stalls
available at Ilako Elementary School located directly west of the proposed rezone
property.
Mr. Grose expressed concern of the tight deadlines facing the Auburn School
District in development of the new high school. He said at this time Auburn
Senior High School exceeds its student capacity and more portables are planned
before the end of this year. After looking at other sites within the community
over the last four years, Mr. Grose stated the proposed rezone site is the only site
that accommodate the needs associated with development of a new high school.
On this property, he said, a lengthy environmental review process directed the
school district to address concerns raised; some of which they feel compliment
the area.
Mr. Grose appealed to the Council for their support in passing the rezone. The
reasons are because State law mandates that a rezone ordinance be in effect prior
to opening bids, and since bids are scheduled to be opened on March 23rd, it is
critical the ordinance is in place prior to the bid opening, and an additional high
school is needed as supported by the community.
A UBURN CITY COUNCIL MINUTES
Page No. 4
March 7, 1994
Addressing the next public hearing with regard to amending a policy of the
Lakeland Hills Plan to reduce the screen along the boundary separating the park
from the school, Mr. Grose supported the reduction of screening between the
school and park will appear more open and reduce the ability of anyone being
able to hide within the buffer.
Directing attention to the third public hearing to amend the Zoning Code to
provide a Conditional Use Process to allow structure to exceed height
requirements of a P-l zone, Mr. Grose stated the district supports modification
of the zoning code to allow a process for installation of light standards that
exceed height requirements. He said the 90 foot light standards' off site impacts
would not be significant due to the location of the field and the surrounding
residents.
Bob Poldervart - 915 4th Street N.E., Auburn W A
Bob Poldervart, Deputy Superintendent of the Auburn School District, clarified a
question raised by Councilmember Brothers with regard to the number of
students that will be attending the new high school. Mr. Poldervart explained
that the school will be opened with three grades 9th, 10th, and II th, which will
represent 800 to 900 students, then up to full capacity of 1500 students.
Dan Rollins 907 51st Street S.E., Auburn W A
Mr. Rollins is a resident of the Lakeland Hills area. Mr. Rollins supports moving
to a three year middle school because it will be easier for a student to transition
to the high school and the development supports the population. Mr. Rollins
stated this project proposes to straighten out Oravetz Road which is a dangerous
road especially when its icy. He said what is there now is an eyesore.
Kathv Price - 5008 Mill Pond Loop S.E., Auburn W A
Kathy Price is a resident of Lakeland Hills. Ms. Price expressed support of
building the new high school. She feels it will be an asset to the community and
its the right thing for Auburn at this time.
Bruce Henrv - 1139 57th Drive, Auburn W A
Mr. Henry has lived in Auburn for a little over a year. He stated the reasons
they chose Auburn is because of Ilako Elementary and because of future plans
for a junior high and high school. This project is an enhancement to his
property value he said.
Dale Swenson 5018 Mill Pond Drive, Auburn WA
Mr. Swenson supports the development of the new high school. He felt by
developing the new high school at the proposed rezone property location will
enhance property values for single family dwellings and warrant more families
wanting to move into the Lakeland Hills area. Mr. Swenson discussed the public
safety issues related to a vegetation screen referring to along the border of the
park and proposed rezone school property.
Ann Cook - 5815 Mill Pond Loop, Auburn WA
Ann Cook stated she feels this is an opportunity for the City and School District
to combine efforts in development of open space with unobstructed access to the
river front. Ms. Cook expressed concern of the propose rezone property
AUBURN CITY COUNCIL MINUTES
Page No. 5
March 7, 1994
currently being used as a dumping ground for appliances, abandon furniture, and
cars. She expressed support of improvement of the road. Ms. Cook stated she
has lived near an elementary school and junior high before and has not had a
bad experience. She said the upkeep on school property is beautiful, and
requested the Council vote for approval on all three issues.
Motion by Councilmember Burns to close the public hearing. Second by
Councilmember Borden.
MOTION CARRIED UNANIMOUSLY. 7-0.
2. Aoolication No. MIS0002-94CP
03.4.3 MIS0002-94CP
The request of the Auburn School District to delete a policy from the City's
Comprehensive Plan text that would require the high school to provide a dense,
indigenous vegetative screen along the boundary separating such development
from Roegner Park.
Mayor Booth opened the public hearing.
Mayor Booth called for testimony three times.
There was no response from the audience to offer additional testimony.
Motion by Council member Burns, second by Council member Brothers to close
the public hearing.
MOTION CARRIED UNANIMOUSLY. 7-0.
3. Aoolication No. MIS0003-94ZC
03.4.2.1.2 MIS0003-94ZC
The request of the Auburn School District to amend Section 18.48.030(A)(5) of
the Zoning Code to allow light fixture standards to exceed the height
requirements of the P-l, Public Use zone.
Mayor Booth opened the public hearing.
Mayor Booth called for testimony three times. There was no response from the
audience to offer additional testimony.
Motion by Councilmember Burns, second by Councilmember Barber to close the
public hearing.
MOTION CARRIED UNANIMOUSLY. 7-0.
Motion by Council member Burns, second by Councilmember Brother to refer
Agenda Items II.A.l, II.A.2, and II.A.3 to the Planning & Community
Development Committee for a recommendation back to the City Council.
Discussion centered around the delay of this issue. Council member Burns stated
that he has some questions with regard to this project, and felt it would be
appropriate, rather than to expend the City Council and staff time tonight, and
AUBURN CITY COUNCIL MINUTES
Page No.6
March 7, 1994
refer it to committee. Council member Burns explained that he knows there are
other Councilmembers that have some questions they would like to ask.
Mayor Booth called for the question.
MOTION CARRIED. 4-2 with Councilmember Haugen and Borden voting no.
Council member Barber abstained from the vote. Acting City Attorney Mike
Reynolds clarified when there is an abstention vote, it is counted for the
majority side.
Mayor Booth asked for a show of hands from those Councilmembers that voted
for the motion. Those Councilmembers who raised their hand included
Councilmember Burns, Councilmember Wagner, Councilmember Brothers, and
Councilmember Kurle.
Councilmember Burns stated that it is not his intention to needlessly delay the
proposed project. He stated that he does have some questions that he feel are
more appropriately handled at the Planning & Community Development
Committee.
Mayor Booth recognized Jim Fugate to the floor.
Dr. Jim Fugate - 915 4th Street N.E., Auburn WA
Dr. Jim Fugate expressed concern of the need for a new high school as
recognized by the voters over four years ago. He said this is a combination of a
sixty-five member community Ad Hoc committee that recommended to the
Board where they have spent four years of high level of frustration in
development of a junior high and a senior high. He expressed concern not only
of the costly delays experienced by the School District, but also addressing the
needs of our students.
Dr. Fugate urged the Council to consider a timely decision due to requirements
of matching state funds in the amount of two to three million dollars; that the
District will open bids on March 23, 1994 where the contractor will be required
to meet a construction deadline that normally takes 18 months in IS months in
order for the school to be complete for opening in 1995.
Dr. Fugate discussed some of the delays in development of this project. He
requested the City Council consider a special meeting in order for the School
District to keep their construction schedule timely as it is critically important to
get this project underway.
Acting City Attorney Mike Reynolds clarified that once the City Council adopts
the ordinance with regard to this project, the ordinance takes effect and is in
force five days from and after its passage, approval and publication.
The City Council discussed meeting possibilities in order to accommodate this
request.
AUBURN CITY COUNCIL MINUTES
Page No. 7
March 7, 1994
4. Aoolication No. REZOOOI-94 and MIS0004-94
03.8 REZOOOI-94, 03.4.4 MIS0004-94
The City proposes to rezone Roegner Park from UncI, Unclassified, to P-I,
Public Use and to rezone Mill Pond Park from R-4, Multi-Family, and C-I,
Light Commercial, to P-I, Public Use. Roegner Park is located on the South
side of the Stuck River and east of the "A" Street Bridge. Mill Pond Park is
located south of Oravetz Road and east of Mill Pond Drive. The City Also
proposes to amend the Comprehensive Plan map on the two parcels.
Mayor Booth opened the public hearing.
Mayor Booth called for testimony three times. There was no response from the
audience.
Motion by Council member Burns, second by Councilmember Brothers to close
the public hearing.
MOTION CARRIED UNANIMOUSLY. 7-0.
Motion by Councilmember Burns, second by Councilmember Barber to approve
the rezone and Comprehensive Plan Map amendment based upon the Findings of
Fact and Conclusions as outlined, and to instruct the City Attorney to prepare
the necessary Ordinance.
MOTION CARRIED UNANIMOUSLY. 7 -0.
B. Audience Particioation
A3.6.4.1
Mayor Booth invited citizens in the audience to make any comments or suggestions they
wished to bring to the attention of the City Council. No one in the audience wished to
be acknowledged.
C. Corresoondence - None.
III. COUNCIL COMMITTEE REPORTS
A. Municioal Services
A3.6.4.4
Vice Chair Wagner reported the Municipal Services Committee met at 4:30 p.m. today to
discuss staff investigation of a case as it relates to King County Sexual Assault Center.
The next regular scheduled meeting of Municipal Services is March 21, 1994 at 4:30 p.m.
B. Planning & Communitv Develooment
A3.6.4.4
Chair Burns reported the Planning and Community Development Committee met on
February 28, 1994 and the minutes are of public record. He recommended support of
those items as they appear later in tonight's agenda. The next meeting of the Planning
& Community Development Committee is scheduled for March 14, 1994 at 7:30 p.m.
AUBURN CITY COUNCIL MINUTES
Page No. 8
March 7, 1994
C. Public Works
A3.6.4.4
Chair Wagner reported the Public Works Committee last met on February 28, to review a
turn back agreement for development of the Supermall, and Ordinance No. 4659 which
authorizes acquisition of property by eminent domain. The next meeting of the Public
Works Committee is scheduled for Monday, March 14, 1994 at 5:30 p.m.
D. Finance
A.3.6.4.4
Chair Barber reported the Finance Committee met prior to the Council meeting at 7:00
p.m. to discuss claims and payroll vouchers as they appear on tonight's agenda. The next
meeting of the Finance Committee is scheduled for Monday, March 21, 1994 at 7:00
p.m.
IV. CONSENT AGENDA
A. Minutes
1. Minutes of the February 22, 1994 regular Council meeting.
B. Vouchers
F4.9.2, F4.9.5
1. Claim numbers 90008 through 90321 in the amount of $856,461.44 and dated
March 7, 1994.
2. Payroll numbers 201252 through 201703 in the amount of $668,976.39 covering
the period February 23, 1994 to February 2/23/94 and dated this 7th day of
March, 1994.
C. Utilitv Bill Ad iustments
F4.5.2
1. Recommend approval of utility adjustments to the following accounts.
Account Number 2.42.2490 Adiustment Of 1.556.25
Spaid Unique Manor 701 37th Street S. E.
Account Number 2.23.0270 Ad iustment Of 1.396.89
Karen Doane 303 17th Street S. E.
Account Number 1.43.0510
Jessie's Discount Furniture
Ad iustment Of 323.28
3209 Auburn Way South
Account Number 4.34.3210 Adiustment Of 214.11
Auburn Select Detail 1420 Harvey Road
2. Recommend approval of utility adjustment to account 3.49.1770 in the amount of
$465.63.
AUBURN CITY COUNCIL MINUTES
Page No.9
March 7, 1994
D. Citv Prooertv Purchases
A3.13.4, 05.4
1. To authorize the administration, using King County Conservation Future Funds,
to purchase the Olsen Canyon property for $1.1 million and the Green River
Access properties for $235,000.
Councilmember Kurle requested Consent Agenda Item IV.D.I be pulled from the agenda
for discussion.
Motion by Councilmember Kurle, second by Councilmember Burns to approve Consent
Agenda items IV.A.I through IV.C.2.
MOTION CARRIED UNANIMOUSLY. 7-0.
Regarding Consent Agenda Item IV.D.I, Councilmember Kurle questioned whether or
not there is an agreement for the purchase of the Olsen Property. Len Chapman
responded there is an agreement of which the price the City paid is listed in the agenda.
Motion by Councilmember Kurle, second by Councilmember Burns to approve Consent
Agenda Item IV.D.1.
MOTION CARRIED UNANIMOUSLY. 7-0.
V. UNFINISHED BUSINESS - None.
VI. NEW BUSINESS
A. Aoolication No. CUP0006-93
03.10.1 CUP0006-93
The request of Doug Trussler for a Conditional Use Permit to allow construction of a 16
unit multi-family development at 114 21st Street S.E. on property zoned C-3, Heavy
Commercial.
Motion by Councilmember Burns, second by Council member Barber to approve the
Conditional Use Permit based upon the Hearing Examiner's Findings of Fact and
Conclusions; and to instruct the City Attorney to prepare the necessary Ordinance.
Under discussion questions some of the Council members had questions with regard to
zoning on properties surrounding the proposed development and buffer requirements.
MOTION CARRIED. 5-2 with Councilmembers Borden and Brothers voting no.
At 9:15 p.m. Mayor Booth requested a five minutes recess.
Mayor Booth reconvened the meeting at 9:20 p.m.
B. Aoolication No. PL T0002-93
03.5 PL T0002-93
The request of Stobie and Associates for preliminary plat approval of an 18 lot single-
family subdivision on 4.33 acres of property located on the North side of 21st Street
S.E., east of "M" Street S.E., west of the bowling alley.
AUBURN CITY COUNCIL MINUTES
Page No. 10
March 7, 1994
Motion by Councilmember Burns, second by Councilmember Barber to approve the
preliminary plat based upon the Hearing Examiner's Findings of Fact, Conclusions and
Conditions; and to instruct the City Attorney to prepare the necessary Resolution.
Under discussion, Councilmember Barber raised a question as a result of a number of
calls she is receiving at home relating to access to the Forest Ridge area and the old
Meade Gravel Pit. It was determined that there is no correlation with Council Agenda
Item VI.B and the phone calls Councilmember Barber is receiving.
MOTION CARRIED UNANIMOUSLY. 7-0.
VII. ORDINANCES AND RESOLUTIONS
A. Ordinances
Mike Reynolds read the title to the Ordinance out loud.
1. Ordinance No. 4659
03.3.1, A3.13.14
An Ordinance of the City Council of the City of Auburn, Washington,
authorizing the acquisition of certain property and property rights by eminent
domain and providing for the payment thereof; authorizing the Acting City
Attorney to prepare a petition for condemnation in the Superior Court in and for
the County of King and for the prosecution thereof for acquisition of such
property and property rights for roadway purposes.
Motion by Councilmember Wagner, second by Councilmember Burns to introduce
and adopt Ordinance No. 4659.
MOTION CARRIED UNANIMOUSLY. 7-0.
2. Ordinance No. 4660
03.8 REZ0003-92, 03.4.4 MISOOOI-94
An Ordinance of the City of Auburn, Washington, providing for the rezoning of
property located on the north and south side of Oravetz Road, near its
intersection with Mill Pond Drive, within the City of Auburn, Washington,
changing the rezoning classification thereof from Unclassified, R-4 (Multi-
Family), C-I (Light Commercial) and C-3 (Heavy Commercial) to P-I (Public
Use District) and Comprehensive Plan Map Amendment from Multi-Family and
General Commercial to Public and Quasi Public.
No action was taken on this Ordinance as a result of the action taken under
Agenda Items II.A.I, II.A.2, and II.A.3.
B. Resolutions
Mike Reynolds read the titles to each resolution out loud.
1. Resolution No. 2474
03.11.2
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor and City Clerk of the City of Auburn, to execute a 1994 Contract for
A UBURN CITY COUNCIL MINUTES
Page No. 11
March 7, 1994
Services between the City of Auburn and Domestic Abuse Women's Network
(DA WN).
Motion by Councilmember Burns, second by Councilmember Borden to to
approve Resolution No. 2474, authorizing the Mayor and City Clerk to execute
an agreement between the Domestic Abuse women's Network (DAWN) and the
City of Auburn in the amount of $18,000 for 1994 to provide counseling services
to victims of domestic violence.
MOTION CARRIED UNANIMOUSLY. 7-0.
2. Resolution No. 2475
03.11.2
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor and City Clerk of the City of Auburn, to execute a contract between
the City of Auburn and Domestic Abuse Women's Network (DAWN) relating to
funds received from a portion of the King County Proposition 2 sales tax money
to provide domestic violence community advocacy services for 1994.
Motion by Councilmember Burns, second by Councilmember Barber to approve
Resolution No. 2475, enabling the City of Auburn to participate in the Human
Services Round Table Domestic Violence Program, through contract with the
Domestic Abuse Women's Network (DAWN).
MOTION CARRIED UNANIMOUSLY. 7-0.
3. Resolution No. 2489
03.5
A Resolution of the City Council of the City of Auburn, Washington, authorizing
and approving the extension of the Preliminary Plat of Lakeland Hills, Divisions
7 and 8 for an additional year.
Motion by Councilmember Burns, second by Councilmember Barber to introduce
and adopt Resolution No. 2489.
MOTION CARRIED UNANIMOUSLY. 7-0.
4. Resolution No. 2492
A3.13
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor and City Clerk to execute a Turnback Agreement and Addendum
between the City and the State of Washington Department of Transportation.
Motion by Councilmember Wagner, second by Councilmember Burns to introduce
and adopt Resolution No. 2492.
MOTION CARRIED UNANIMOUSLY. 7-0.
A UBURN CITY COUNCIL MINUTES
Page No. 12
March 7, 1994
5. Resolution No. 2494
A1.7,04.10
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor and City Clerk to execute a consultant agreement between the City of
Auburn and OTAK, Inc., for a Commuter Rail Station Siting Study.
Motion by Councilmember Burns, second by Councilmember Barber to approve a
Consultant Services Agreement between Otak and the City of Auburn for a
Commuter Rail Siting Study; and to authorize the adoption of Resolution No.
2494.
Under discussion a budget clarification on grant funding services the City is
matching at 25% resulting in $25,000 of in kind services being provided.
MOTION CARRIED. 6-1 with Councilmember Haugen voting no.
VIII. MAYOR'S REPORT
Mayor Booth requested an Executive Session for approximately minutes 5 to 10 minutes to
discuss a claim settlement issue. He anticipated there would be action taken as a result of the
Executive Session, and recommended a recess at 9:30 p.m.
A. Executive Session - Settlement of a Claim
Mayor Booth reconvened the meeting at 9:37 p.m.
Municioal Buildings
A3.16.10, 04.4.11.1
Motion by Councilmember Brothers, second by Councilmember Wagner to accept the revised
bid for removal of the asbestos from the Municipal Services Annex.
MOTION CARRIED UNANIMOUSLY. 7-0.
Council Meeting Continuation
A3.6.2
Discussion centered around continuation of this Council meeting to Tuesday, March 15th.
Councilmember Kurle indicated he is not able to attend the contination of this meeting on
Tuesday, March 15th and does not object to it taking place.
Motion by Councilmember Burns to continue the Council meeting this evening to Tuesday,
March IS, 1994 at 7:30 p.m. Second by Councilmember Barber.
MOTION CARRIED UNANIMOUSLY. 7-0.
AUBURN CITY COUNCIL MINUTES
Page No. 13
March 7, 1994
IX. ADJOURNMENT
There being no further business this evening, Mayor Booth declared the meeting is adjourned at
9:40 p.m., and that it adourns to meet again at 7:30 p.m. on Tuesday, March 15, 1994.
~G. ~o~
Charles A. Booth, Mayor
~;J~
Robin Wohlhueter, City Clerk
94M3- 7
CITY OF AUBURN
COUNCIL MEETING MINUTES
CONTINUED MEETING OF MARCH 7, 1994
MARCH 15, 1994
I. CALL TO ORDER
A. Flag Salute
Mayor Booth reconvened the March 7, 1994 regular meeting of the Auburn City
Council at 7:30 p.m. and led those in attendance in the pledge of allegiance.
B. Roll Call
Those in attendance included Mayor Booth and members of the Auburn City
Council as follows: Burns, Wagner, Borden, Barber, and Brothers. Mayor
Booth announced Councilmember Kurle is excused from the meeting and
Councilmember Haugen is absent. (Councilmember Haugen arrived at 8:50 p.m.)
Staff members in attendance included Assistant City Attorney Judy Ausman,
Acting City Attorney Mike Reynolds, Public Works Director and Acting Planning
Director Frank Currie, Personnel Director Pam Sime, Senior Planner Lynn Rued,
City Engineer Dennis Dowdy, and Deputy City Clerk Dani Daskam.
Immediately following roll call, Mayor Booth requested a recess of approximately
15 minutes.
Mayor Booth reconvened the meeting at 7:51 p.m.
D. Agenda Modifications
Agenda modifications are filed under III.B.I, III.B.2, III.B.3, and VII.A.2 of these
continued minutes.
Mayor Booth stated the items appearing before the City Council tonight and
transmitted through Agenda Modifications were referred to the Planning and
Community Development Committee for further review and clarification. The
City Council adjourned the March 7, 1994, meeting to meet again this evening.
Mayor Booth requested Councilmembers to make any necessary disclosure
statements.
Councilmember Wagner disclosed he had contact with a few citizens today;
however, the comments he received will not affect his consideration of the issues.
III. COUNCIL COMMITTEE REPORTS
B. Planning & Community Develooment
A3.6.4.4
1. Aoolication No. REZ0003-92 and MISOOO 1-94
03.8 REZ0003-92, 03.4.4 MISOOO 1-94
The Request of the Auburn School District for a rezone of 38 :t acres
from UncI., Unclassified; C-l, Light Commercial; C-3, Heavy
Commercial; R-4, Multi-Family to P-I, Public Use. The property is
AUBURN CITY COUNCIL MINUTES
Page No. 2
March 15, 1994
located on Oravetz Road near its intersection with Mill Pond Drive. The
School District is also requesting an amendment to the Comprehensive
Plan Map.
2. Aoolication No. MIS0002-94CP
03.4.3 MIS0002-94CP
The request of the Auburn School District to delete a policy from the
City's Comprehensive Plan text that would require the high school to
provide a dense, indigenous vegetative screen along the boundary
separating such development from Roegner Park.
3. Aoolication No. MIS0003-94ZC
03.4.2.1.2 MIS0003-94ZC
The request of the Auburn School District to amend Section
18.48.030(A)(5) of the Zoning Code to allow light fixture standards to
exceed the height requirements of the P-l, Public Use zone.
Chair Burns reported the Planning and Community Development
Committee met on March 14, 1994. The agenda included the items
appearing on the City Council agenda tonight. Chair Burns reported the
Committee passed a motion to recommend the City Council approve and
adopt the items as presented at the regular Council meeting of March 7,
1994. Chair Burns stated all City Councilmembers have received four
draft agreements related to Condition 2 of Ordinance No. 4660. Draft
Agreement 3 was prepared by Councilmember Burns, and Draft
Agreement 4 was prepared by the Acting City Attorney. Councilmember
Burns stated he believes the Council desires to approve the applications
and rezone, but a question remains of how the City and the School
District should apportion responsibility for any erosive effects of the
White River should the river impact the City and School District
properties.
Motion by Councilmember Burns, second by Councilmember Brothers to
approve Application No. REZ0003-92 and MISOOO 1-94, Application No.
MIS0002-94CP, Application No. MIS0003-94ZC, and introduction and
adoption of Ordinance No. 4660 authorizing the rezone and
Comprehensive Plan Map amendment as outlined in the agenda bill for'
Application No. REZ0003-92 and MISOOOI-94, and approve the
document referred to as Draft Agreement 3.
Councilmember Wagner stated Draft Agreement 3 gives the City more
control and more protection of the interests of the citizens of Auburn.
Councilmember Wagner stated there are some portions of Draft
Agreement 4 which he would like incorporated in Draft Agreement 3.
Councilmember Burns called for the question.
Councilmember Barber requested clarification of the Draft Agreements
from Acting City Attorney Reynolds.
Councilmember Burns withdrew his call for the question.
A UBURN CITY COUNCIL MINUTES
Page No. 3
March IS, 1994
Acting City Attorney Reynolds explained this procedure on enacting
Ordinance No. 4660 is unusual in that an agreement be entered into at the
legislative level rather than administratively. Acting City Attorney
Reynolds set forth the example of the Supermall rezone where the City
Council adopted the ordinance and pursuant to the terms and conditions
of the ordinance, staff was directed to draft the agreements to implement
the conditions of the rezone.
Acting City Attorney Reynolds explained the processes used for arriving
at the four draft agreements and presented a brief description of each
agreement. Draft Agreement 1 was presented to the Planning and
Community Development Committee at its meeting of March 14, 1994.
Draft Agreement 1 is based upon information from the City Engineering
Department and equally apportions the cost of the engineering to protect
the properties from the impacts caused by the river. Draft Agreement 2
was written by Acting City Attorney Reynolds in response to the
concerns expressed at the Planning and Community Development
Committee meeting of March 14, 1994. Draft Agreement 2 includes a
pro rata sharing of the engineering costs to identify the protection
measures of any impacts of the river on the properties and a methodology
for determining the apportionment of the costs of its implementation.
Acting City Attorney Reynolds stated Draft Agreement 3 was written by
Council member Burns which closely resembles Draft Agreements 1 and 2
with the major difference being in the allocation of costs. Mr. Reynolds
stated Draft Agreement 3 provides that once the City has determined the
solution, the costs are allocated pursuant to the acquisition costs of the
property. The acquisition costs include the improvements and relate to a
20:1 ratio. Acting City Attorney Reynolds explained he subsequently
prepared Draft Agreement 4 which establishes a 50/50 sharing of the
engineering costs and a methodology on cost allocations to the solutions
based on several concepts such as the types of improvements made to the
property and relative costs of environmental damage and identifies an
expert to establish the methodology of allocation.
Acting City Attorney Reynolds stated the Auburn School Board cannot
accept Draft Agreement 3 because it contains the set allocation formula
which would bind a future school board. He further stated the agreement
provides that the City will control the solution and also provides the
implementation of the solution will be based upon the acquisition costs,
which are the costs established in 1993.
Councilmember Barber questioned whether the Council could adopt the
rezone ordinance and negotiate the agreement separately.
Council member Burns spoke against agreeing to negotiate the agreement
after passage of the rezone ordinance as the City loses its negotiating
leverage. Councilmember Burns stated it is imperative to now set a
specific formula for allocation of costs in order to protect the citizens of
Auburn.
A UBURN CITY COUNCIL MINUTES
Page No. 4
March 15, 1994
Councilmember Barber asked Acting City Attorney Reynolds the effect of
Agreement No. 3 on the school district's matching funds from the State.
Acting City Attorney Reynolds explained the school district must have a
certificate indicating the property for which the district is receiving State
funding is clear of any identifiable financial contingency. Mr. Reynolds
stated Draft Agreement 3 contains an identifiable cost risk which can be
unilaterally established by another party which may jeopardize the
matching funds for the project from the State of Washington.
Councilmember Borden questioned whether the motion should be divided
to consider the agreement separately from the rezone ordinance.
Councilmember Burns reiterated he is in favor of Draft Agreement 3
which contains a specific formula and a decision of the terms of the
agreement together with the adoption of the rezone ordinance.
Councilmember Borden expressed concern that if the motion passed, the
school district would not enter into the agreement.
Councilmember Burns stated it is speculation that the contingency in
Draft Agreement 3 would prevent construction of the new high school or
jeopardize the State matching funds any more than the financial
contingencies contained in Draft Agreement 4.
Councilmember Brothers spoke in favor of Draft Agreement 3 which
gives the City the most control and appears to best protect the citizens of
the City from the cost to remediate a catastrophe.
Acting City Attorney Reynolds pointed out the prOVlSlOn in Draft
Agreement 4 for the option to sacrifice which states either party reserves
the right to sacrifice its property and not participate in solutions or
implementation and holds the other party harmless.
Councilmember Wagner spoke in favor of the hold harmless language
contained in Draft Agreement 4 and the cooperative language in general.
In response to a question from Councilmember Wagner, Acting City
Attorney Reynolds clarified a question on voting and stated a motion
obtaining less then four affirmative votes would fail.
Mayor Booth called for the question.
MOTION FAILED. 2-3. Councilmembers Barber, Borden, and Wagner
voted no.
Motion by Councilmember Wagner, second by Councilmember Barber to
approve Application No. REZ0003-92 and MISOOO 1-94, Application No.
MIS0002-94CP, Application No. MIS0003-94ZC, and introduction and
adoption of Ordinance No. 4660 and Draft Agreement 3 as amended by
language from Draft Agreement 4, specifically to change the words to
A UBURN CITY COUNCIL MINUTES
Page No. 5
March 15, 1994
read: " . . the City shall aoorove any solutions that would be
implemented. . ." and further replace the pro rata language contained in
Draft Agreement 3 with the methodology language contained in Section 4
of Draft Agreement 4.
Councilmember Wagner spoke in favor of the methodology language
contained in Draft Agreement 4, Paragraph 4 and further stated the
language conveys a more cooperative attitude and more realistic
methodology.
Councilmember Burns spoke against the methodology contained in Draft
Agreement 4 and for the pro rata apportionment of costs contained in
Draft Agreement 3.
Councilmember Haugen entered the meeting and took her seat on the City
Council at 8:50 p.m.
Councilmember Brothers spoke against an agreement that would obligate
the City to bear the expense of protecting the bank of the river from
erosion and spoke in favor of the pro rata ratio described in Draft
Agreement 3.
Mayor Booth recessed the meeting at 8:58 p.m. to allow Councilmember
Haugen to review the draft four agreements.
Mayor Booth reconvened the meeting at 9:14 p.m.
Councilmember Burns spoke against the motion in that the proposed
amended version of Draft Agreement 3 does not set a clear standard for
implementation and leaves the subject of payment of costs to subsequent
litigation.
Mayor Booth called for the question.
MOTION PASSED. 4-2. Councilmembers Brothers and Burns voted no.
Mayor Booth asked for a show of hands from those Councilmembers who
voted for the motion. Councilmembers Barber, Borden, Haugen and
Wagner raised their hand.
VII. ORDINANCES AND RESOLUTIONS
A. Ordinances
2. Ordinance No. 4660
03.8 REZ0003-92, 03.4.4 MISOOOI-94
An Ordinance of the City of Auburn, Washington, providing for
the rezoning of property located on the north and south side of
Oravetz Road, near its intersection with Mill Pond Drive, within
the City of Auburn, Washington, changing the rezoning
A UBURN CITY COUNCIL MINUTES
Page No.6
March 15, 1994
classification thereof from Unclassified, R -4 (Multi-Family), C-l
(Light Commercial) and C-3 (Heavy Commercial) to P-I (Public
Use District) and Comprehensive Plan Map Amendment from
Multi-Family and General Commercial to Public and Quasi Public.
Action on Ordinance No. 4660 is taken under Item III.B of these
minutes.
IX. ADJOURNMENT
There being no further business to come before the Council, it was the consensus of the
Council to adjourn the meeting at 9:24 p.m.
~G.~o~
Charles A. Booth, Mayor
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Robin Wohlhueter, City Clerk
f:\clerk\council\94M3-15