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HomeMy WebLinkAbout06-20-1994 .~ cJt)'or ~.~ Auburn ~ ~81lin~~ CITY OF AUBURN COUNCIL MEETING MINUTES June 20, 1994 7:30 p.m. I. CALL TO ORDER A. Flag Salute Mayor Booth called the meeting to order at 7:30 p.m. and led those in attendance in the pledge of allegiance. B. Roll Call Those in attendance included Mayor Booth and members of the Auburn City Council as follows: Pat Burns, Rich Wagner, Virginia Haugen, Trish Borden, Jeanne Barber, Stacey Brothers, and Don Kurle. Staff members present included Assistant Parks and Recreation Director Dick Deal, Fire Chief Bob Johnson, Personnel Director Pam Sime, Police Chief Dave Purdy, Planning and Community Director Paul Krauss, Senior Planner Lynn Rued, Public Works Director Frank Currie, Finance Director Victor Thompson, Acting City Attorney Mike Reynolds, Deputy City Clerk Gayle Butcher, and City Clerk Robin Wohlhueter. C. Announcements and ADDointments 1. Announcements a. Proclamation A1.8 Charles Booth, Mayor, presented a proclamation honoring the Auburn High School 1994 Spring Sports. Those athletes in attendance were presented with a proclamation honoring their achievements. In golf, John Lee, Mike Ouellet, Brooke Cude, Kathy Williams, Natalie Lindula, Rhonda Tregear were recognized. In tennis, Renee Miller and Jeff Scott were recognized. In Track, Kyllan tower, Celeste Hill, Toril Buller, Sarah Gerlitz, Leigh Anne Raschkow, Angela Swanson, and Shannon Sweeney were recognized. b. Proclamation Charles Booth, Mayor read and presented a proclamation proclaiming June 23, 1994 as "A Crime Affair Day." A representative from GSA accepted the proclamation. c. Proclamation Charles Booth, Mayor, read and presented a proclamation to Gene Wiley, Washington State Employment Security, proclaiming June 19-25, 1994, as "Hire a Veteran Week." 2. ADDointments - None. A UBURN CITY COUNCIL MINUTES June 20, 1994 Page No.2 D. Agenda Modifications Agenda modifications were received by Councitmembers prior to the meeting this evening. Agenda modification were included under Council Agenda Item II.C.2, 3, 4, 5, 6, 7, 8, 9, 10, 11, which transmits correspondence related to the race track and the Auburn Downtown Association (ADA), and III.B. transmitting the June 13, 1994 Planning & Community Development Committee minutes. II. CITIZEN INPUT. PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings Charles Booth, Mayor, opened the public hearings by reading each application noted under II.A.I, II.A.2, II.A.3 out loud. Prior to testimony, Mayor Booth briefly described how the public hearing would proceed. He said all three public hearings are related to the proposed thoroughbred race track, and citizens who desire to bring new information to the attention of the Council not already entered into the record, may make public comments during the hearing. Mayor Booth concluded his comments by stating the staff will make a brief presentation followed by the applicant, Northwest Racing Associates. I. Aoolication No. CUPOOO 1-93 03.3.4, 03.10.1 CUPOOOI-93 The request of La Terra Limited Partnership for a conditional use permit to allow a thoroughbred horse racing facility to be located north of 15th Street N.W. and south of 37th Street N.W., between U.P.R.R. and B.N.R.R. 2. Aoolication No. MIS0006-94CP 03.3.4.1 The Planning Commission's recommendation to approve the request of Northwest Racing Associates to amend Map "E" entitled "Arterial Street Plan" contained in the City's Comprehensive Plan. The amendment would reclassify a portion of 29th Street N.W. between the Union Pacific Railroad tracks and the Burlington Northern Railroad tracks to not be a planned arterial street. 3. Aoolication No. V -01-94 03.9 V-01-94, 03.3.4 A petition requesting the vacation of the street right of way known as a portion of 29th Street N.W. Lvnn Rued 25 West Main Street, Auburn W A 98001 Senior Planner Lynn Rued announced that he will introduce all three applications with regard to the thoroughbred racetrack, and following him Northwest Racing Association will provide a brief presentation. After Northwest Racing Associates, Mr. Rued will summarize the recommended conditions of approval for the entire project with emphasis primarily on the Conditional Use Permit. Mr. Rued pointed out that no new information is being provided to the Council this evening. He said over the past several months, information has been provided to the Council through the Environmental Impact Statement (EIS) process, staff reports, Hearing Examiner minutes with regard to the thoroughbred racetrack. Staff is available along with representatives from Northwest Racing Associates and a number of consultants to answer any questions about the entire project. A UBURN CITY COUNCIL MINUTES June 20, 1994 Page No. 3 Referring to the three public hearings before the Council this evening, Mr. Rued stated the Conditional Use Permit is the application staff has been focusing on over the last two years and the other two applications are related to 29th Street; an amendment to the Arterial Street Plan map, and a vacation of a street right of way on 29th Street. Directing attention to the overhead projector, Mr. Rued showed the area where the planned arterial street lies between the Union Pacific Railroad tracks and the Burlington Northern Railroad tracks, and between 15th Street N.W. and 37th Street N.W. and running through the proposed race track site. The amendment would reclassify and no longer illustrate 29th Street N.W. on the Arterial Street Plan. Mr. Rued discussed the portions of 29th street that will not be vacated, services to adjacent properties including access and emergency access. He said the Planning Commission is recommending approval of the amendment to the Arterial Street Plan and staff is recommending approval of the street vacation because 29th Street is a minor player in a traffic situation in the area. Virginia Haugen and Stacey Brothers raised some questions with regard to the residential locations surrounding the area of the proposed race track project. Clarification of these questions are noted under Mr. Carson's comments. Ron Crockett - 1820 West Valley Highway, Auburn WA Ron Crockett, Northwest Racing Associates, reported by August it will be two years since they approached the Planning Commission in an effort to build a race track in Auburn. Mr. Crockett pointed out that the horse racing industry is currently in their hands. Having chosen the correct site to put the project, he stated the project offers Auburn a gateway to a solid and appealing environmental project. Mr. Crockett urged the Council to approve the three applications related to the race track project in order to proceed to open in 1996. Brent Carson - 902 Waterfront Place, Seattle W A 98104-1097 Brent Carson, Attorney for Northwest Racing Associates Limited Partnership and Agent for the land owner, explained since detailed hearings and discussions occurred before the Planning Commission and Hearing Examiner, and hearings held on the environmental impact statement where detailed staff reports were developed and provided, and findings of fact and conclusions of the Hearing Examiner were also provided, it is not necessary to go through the detail that has already been discussed and entered into the record. He said representatives from Northwest Racing Associates and consultants are here to answer any questions the Council may have with regard to the proposed race track project. With regard to questions raised by Councilmembers Haugen and Brothers with regard to the occupied houses located outside and adjacent to the race track project, Mr. Carson clarified there will be occupied houses remaining outside the race track project and these house will have access to 29th if vacated. Mr. Carson continued his comments by summanzlOg the three applications before the Council. Regarding the Conditional Use Permit, Mr. Carson stated the Hearing Examiner imposes numerous conditions to mitigate all potential impacts supported by Northwest Racing Associates with the exception of one proposed condition; Condition No. 4.A.4 addresses the period of time for monitoring the implementation of the wetland mitigation plan. Mr. Carson said they believe the changes proposed by the Hearing Examiner have - AUBURN CITY COUNCIL MINUTES June 20, 1994 Page No.4 no substantial benefit to the City, and are proposing a 10-year monitoring program plan as recommended by staff, instead of a 15-year plan. Finalizing his comments, Mr. Carson discussed the right of way street vacation and the comprehensive plan amendment, and pointed out substantial changes have occurred since 1982, and this project cannot go forward with a public road through the race track facility. Mr. Carson noted this project will provide tax revenue, increase in economic activity, and with the diversity of potential economic base, will provide substantial public benefit. Mr. Carson asked the Council to approve the three items before the Council related to the race track with the one recommended modification mentioned above. Lvnn Rued - 25 West Main Street, Auburn WA 98001 Mr. Rued stated the recommended conditions of approval are related to erosion control, air quality, dust control, surface water, wetlands, noise, fire emergency services, historical display, transportation management, sidewalks, and zoning conditions such as accessory uses. During discussion of, these conditions as presented by Mr. Rued, some Councilmembers interjected questions and concerns of which were answered by staff. Concerns raised include wetlands, street and sidewalk configurations, specific clarification of accessory uses as used in the Hearing Examiner's Condition Number 22, and historic preservation of property. Regarding wetlands, Mr. Rued stated staff supports a 10-year monitoring program plan, and that a 75 foot cul-de-sac will be provided in the Street vacation ordinance. Lynn Rued noted the US Army Corps of Engineers has the expertise to act on the wetland mitigation plan. He said the wetland mitigation plan, if approved, should either meet or exceed the City's expectations or requirements. If something comes up that is amiss with regard to the wetland mitigation plan, the city has the ability to enforce regulations with the US Army Corps of Engineers, he said. Mr. Carson noted the federal permit should meet the City's standards, and if it didn't they would have to follow the more stringent plan. Regarding the Findings and Decision of the Hearing Examiner for the City of Auburn, discussion centered around the condition related to the accessory uses found on page 26 and referenced as Condition Number 22. Councilmember Kurle and Borden requested clarification of "accessory uses" and requested it include a statement to say, "to not include casino type gambling." Acting City Attorney Mike Reynolds did not object to that. Councilmember Brothers asked the applicant if horses other than thoroughbred race horses would race on the proposed track due to the limited season of thoroughbred horse racing. He suggested that a standard bred season in combination with a thoroughbred season could result in 600 full time jobs instead of 600 part time jobs. Jack Hodge, Northwest Racing Associates, responded that their goal is to replace Longacres with thoroughbred horse racing. Mr. Hodge said Longacres provided for thoroughbred racing along with the other tracks in eastern Washington, and since the tracks in eastern Washington draw a large market from western Washington, he said the intent is to keep the thoroughbred horse racing alive in Washington. Mayor Booth requested a five minute recess at 8:35 p.m. The meeting reconvened at 8:40 p.m. AUBURN CITY COUNCIL MINUTES June 20, 1994 Page No. 5 Discussion centered around historic preservation of properties outside the proposed track. Mrs. Ruth Stewart provided history on the properties. Ruth Stewart - 202 29th Street N.W., Auburn, W A Mrs. Stewart entered five reasons why the conditional use permit should not be granted: 1.) majority of people do not want it; 2.) we do not need gambling in Auburn; 3.) strongly opposes thoroughbred racing; 4.) no amount of mitigations will prevent her residence from being impacted by all adverse impacts that border her home; 5.) danger of infiltration of crime. Mrs. Stewart opposes vacating 29th Street. PJ Seidenstricker - 1348 South Division, Seattle W A 98108 Ms. Seidenstricker supports the race track, and recommended the Council move forward with the proposed race track to protect the horse racing industry. Helen Johnson - 4231 South 261st Street, Kent WA Helen Johnson opposes the track site in Auburn because it is too close to the City and will impact wetlands and traffic. Bettv Hamlin - 32005 1I2th Place S.E., Auburn W A Betty Hamlin said she is against the proposed race track in Auburn because she use to live in a town where there was a race track. She said Auburn is not responsible for saving this industry. Al Vanderliick - 214 140th SW Everett, WA Mr. Vander lick represents about 7700 carpenters. Mr. Vanderlick read a letter into the record supporting the race track. Michael Bocatch - 111 H Street S.E., Auburn W A Michael Bocatch, resident of the City of Auburn, read and expressed concerns on detailed issues published throughout the city's record on the track. Concerns centered around animal waste, railroad safety, air turbulence, transit service, and availability of the Hearing Examiner's decision. Mark Bodenstiener - 3029 14th Street S.E. Auburn WA Mr. Bodensteiner, resident and President of the Auburn Chamber of Commerce, expressed support of the thoroughbred race track from a business stand point. As a citizen, Mr. Bodenstiener, described options of putting a warehouse or race track on the proposed site. He said, if you put a warehouse you attract semi trucks, if you put a race track you attract people. He strongly support enhancing the people aspects of Auburn. Michael Hart - 11716 SE 322nd, Auburn WA Mr. Hart supports the race track for Auburn. He said the race track is an industry that will be positive and essential to the vitality to the area. Tom Poe - Enumclaw WA Mr. Poe favors the track and rebutted comments made earlier with regard to the race track. He said thoroughbred racing is a science, sport, and a time of recreation. He complimented Auburn in working with Northwest Racing Associates in bringing this proposal closer to an end, and said Enumclaw is grateful. AUBURN CITY COUNCIL MINUTES June 20, 1994 Page No. 6 Raloh Vacca - PO Box 88258, Seattle WA 98138 Ralph Vacca, General Manager for the Washington Breeders Association, complimented the Council on the extensive research conducted to prepare for tonight. Mr. Vacca said approving the Conditional Use Permit to allow the race track facility is good for the community and the people. Pam Novach - 3136 E Street N.W., Auburn W A Pam Novach works for Truss Span Corporation located on E Street N.W. across the street from the barn area. Ms. Novach responded to comments made earlier regarding the residential properties surrounding the proposed race track, and crime in the area. Ms. Novach felt the race track will provide a better sense of security for surrounding residents. Patty McDonald - 32211 104th Place S.E., Auburn WA Patty McDonald represents Auburn Citizens for the Track. Ms. McDonald said Northwest Racing Associates will be good stewards of the land for many years should the race track be approved. Steve Hartman - 1225 27th Street N.W., Auburn WA Steve Hartman represents Oak Harbor Freight Lines that employees 200 people. Mr. Hartman expressed concern of traffic and environmental concerns, and opposes the race track being located in Auburn. Bovce Greg - 10708 185th A venue S.E., Issaquah W A Boyce Greg supports the race track. He said when Longacres was sold revenue and a major tourist attraction were lost. Chris Clifford - 2721 Talbot Road, Renton W A Chris Clifford described the setting Longacres afforded Tukwila. As a younger man, Mr. Clifford was employed by Longacres. He said the proposed race track will bring needed jobs for our youth. Mr. Clifford did not feel there would be any adverse effects of the race track on the residents outside the race track. Jeffrev Eustis - 505 Madison Street, Seattle W A 98104 Jeffrey Eustis, Attorney representing the Citizen alliance to Protect Our Wetlands (CAPOW), asked the Council to reject the conditional use permit application to allow construction of the race track for the reasons referred to in a a letter dated June 17, 1994. He said the letter explains their position on the granting of the conditional use permit. Some of the reasons for denial concluded in part that the EIS did not meet the legal standards and it is inadequate; adverse impacts on resident, and consideration of conditions presented to the Hearing Examiner were not considered. Mr. Eustis explained each Conditional Use Mitigations Proposed By the Citizens Alliance to Protect Our Wetlands. Mr. Eustis asked that the Council not approve vacation of the street right of way. At 10:02 pm, Mayor Booth called a recess. The meeting reconvened at 10:08 p.m. A UBURN CITY COUNCIL MINUTES June 20, 1994 Page No. 7 After further reference to the conditions, Mr. Eustis concluded his remarks by stating that casino gambling is not defined, and they continue to oppose the race track in that it is not in the best interest of the city. Dr. Michael Konecmy - 39007 272nd Avenue SE, Enumclaw WA Dr. Michael Konecmy is an ecologist, horse owner and breeder, and faculty member of the University of Florida. Dr. Konecmy pointed out the wetlands located on the proposed race track site is "low grade biologically insignificant ground meaning animals in there are transient species" Dr. Konecmy said if there is a parking lot paved on this property the animals will move elsewhere. Since there is mitigation site planned further down, it will provide some value to the environment. Dr. Konecmy urged the Council to pass the conditional use permit. Les Thomas Les Thomas, State Representative for the 31st Legislative District representing Auburn and Enumclaw. Mr. Thomas encouraged the Council to issue the permit for the community. 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 Barber to approve the conditional use permit application based upon the Hearing Examiner's Findings of Fact, Conclusions and Conditions; and to instruct the City Attorney to prepare the necessary ordinance. Discussion centered around defining an accessory use to include as "no other forms of gambling than pari-mutuel wagering for live and satellite horse racing shall be allowed" as a friendly amendment to the motion. Acting City Attorney Mike Reynolds clarified the state law cannot preempt the use on a conditional use permit, and therefore # 13 of the Conditional Use Mitigations Proposed By Citizens Alliance to Protect our Wetlands could be allowed. Council member Burns and Barber agreed to an amendment to the motion to add language contained in the item 13 that states, "No other forms of gambling than pari-mutuel wagering for live and satellite horse racing shall be allowed." Councilmember Brothers questioned a condition of a berm on an adjacent property to the race track, traffic mitigation, rv parking, and transit locations. Mr. Carson responded to the issues raised by Councilmember Brothers in that the adjacent property owner is not part of the proposed project. Councilmember Haugen requested a berm be provided as part of the motion. There was no support for this request. Council member Burns restated his motion to approve the conditional use permit based upon the Hearing Examiner's Findings of Fact, Conclusions and Conditions; and to instruct the City Attorney to prepare the necessary ordinance with one additional modification to add the language, "No other forms of gambling than pari-mutuel wagering for live and satellite horse racing shall be allowed" as part of the definition of accessory use. Councilmember Barber concurred with the motion. A UBURN CITY COUNCIL MINUTES June 20, 1994 Page No. 8 MOTION CARRIED UNANIMOUSLY. 7-0. Motion by Councilmember Burns, second by Councilmember Barber to close the public hearing on Application No. MIS0006-94CP. Under discussion, Councilmember Kurle questioned the difference between vacating the right of way and closing the right of way. Lynn Rued responded that vacating the street is an easier and cleaner way to allow the track use of the property for its operations. Closing it might suggest that it will open again, he said, and vacating it provides easier access for emergency personnel. MOTION CARRIED UNANIMOUSLY. 7-0. Motion by Councilmember Burns, second by Councilmember Barber to approve the Planning Commission's recommendation to amend the Arterial Street Plan Map, and to instruct the City Attorney to prepare the necessary Resolution. MOTION CARRIED UNANIMOUSLY. 7-0. Motion by Councilmember Wagner, second by Councilmember Borden to close the public hearing on Application No. V -01-94. MOTION CARRIED UNANIMOUSLY. 7-0. Motion by Councilmember Wagner to approve the vacation of the street right of way known as a portion of 29th Street N. W. per Application No. V -01-94 with the additions to the recommendation #1, "...For example..." as outlined in Northwest Racing Associates letter to Mrs. Stewart dated March 16, 1994. Second by Councilmember Burns. Councilmember Brothers asked for clarification of the part being added to the recommendation #1. Councilmember Wagner read the paragraph in the letter dated March 16, 1994 from Northwest Racing Associates to Mrs. Stewart. Councilmember Brothers agreed. MOTION CARRIED UNANIMOUSLY. 7-0. B. Audience Particioation Mayor Booth invited citizens in audience to make any comments they desired. Sandra Shiley - 1504 H Street N.E., Auburn WA 98002 Sandra Shiley expressed concern with regard to the Auburn Downtown Association and its billing system for collection. Mrs. Shiley submitted a statement for her billing. Brent Carson - 902 Waterfront Place, Seattle WA 98104-1097 Brent Carson announced a hearing scheduled for tomorrow night at Green River Community College with the US Army Corps of Engineers regarding the draft environmental impact statement for the race track. Mr. Carson asked for authorization for an Auburn representative to communicate the action the Council has taken this evening on the race track. AUBURN CITY COUNCIL MINUTES June 20, 1994 Page No. 9 Joann Kurle - 3308 Avenue North, Algona, WA Joann Kurle's business address is 119 East Main Street, Auburn. As a business owner, Ms. Kurle explained that she did not want or need the Auburn Downtown Association, but she continues to be billed. Ms. Kurle expressed concern of ADA. David Comstock - 1319 Elm Street, Auburn, WA David Comstock, business owner, owns a business located within the Auburn Downtown Association. Mr. Comstock expressed support of the Auburn Downtown Association. Wayne Wickham Wayne Wickham, business owner, stated the Auburn Downtown Association did not provide a benefit to his service business located off Main Street. Glenda Cris Ms. Cris spoke against reestablishment of the Auburn Downtown Association. Ms. Cris prefers participation on a volunteer basis. Lee Hinkey - 116 H Street N.W. Auburn WA Lee Hinkey, Lynn's Antiques business owner, stated the Auburn Downtown Association has changed his mind over the years. Mr. Hinkey requested more effort in explaining where the money is going. Alan Keimig Alan Keimig stated he was originally opposed to the ADA because it offered no benefit. Now, he said after getting involved, good management to downtown is vital. Mr. Keimig encouraged downtown business owners to get involved. Marv Stanton - 333818 133rd Ave S.E., Auburn W A Mary Stanton, Main Street business owner, supports continuation of the Auburn Downtown Association. She said even though its not fun paying taxes, she is thrilled with the changes the ADA has done during the past five years. Wavne Robinson Mr. Robinson noted a letter filed under agenda modifications from his wife, M. Deanna Robinson, who supports the objectives of the ADA and was unable to attend the meeting. Mr. Robinson is owner of the Auburn Act I Dinner Theater located within the downtown area. Mr. Robinson supports the concept of the ADA, but suggested further evaluation on the administration of the ADA. Robert Kline Mr. Kline owns Mels Lumber. Mr. Kline expressed concern of the issues surrounding the original establishment of Ordinance No. 4293 adopted in 1988. Due to the legal technical error of non publication of the ordinance per the RCW 35.28.17, Mr. Kline urged consideration of a full hearing and petition process. Audrev Petrie - 2010 East 70th, Tacoma W A Audrey Petrie is the owner of the Rainbow Cafe. Ms. Petrie expressed apprecIatIOn of the ADA. She pointed out that she is not able to change other taxes she has to pay. Ms. Petrie supports continuation of the Auburn Downtown Association. A UBURN CITY COUNCIL MINUTES June 20, 1994 Page No. 10 Linda Johnson - 11209 SE 219th Place, Kent W A Ms. Johnson, Director of the Downtown Kent Partnership and represents the Main Street Program, supports continuation of the Auburn Downtown Association. She stated working together with other downtown organizations who have the same problem is beneficial for funding. John Rottle - 8207 179th A venue East, Sumner, W A John Rottle, Main Street business owner, spoke in support of continuing the Auburn Downtown Association. Mr. Rottle urged business owners to become involved in order to benefit. Don Gardner - 3602 Lemon Tree Lane, Auburn WA Don Gardner, business owner, spoke in support of the Auburn Downtown Association. After serving on the ADA Steering Committee, Mr. Gardner said you can see the benefits of the ADA. Bob Davis - 21029 SE 256, Maple Valley WA Bob Davis is the Manager of JC Penneys located on Main Street. Mr. Davis spoke in favor of the Auburn Downtown Association. Lvnn Norman - 120 East Main Street, Auburn WA Lynn Norman expressed support of the continuing the Auburn Downtown Association. She stated with development of the Supermall, the downtown business owners need the ADA more than ever. Council member Borden and Haugen questioned mitigation efforts of the Supermall development to assist the Auburn Downtown Association to revitalize downtown. Planning Director Paul Krauss pointed out with the development of the Supermall, mitigation efforts resulted in an agreement for funding with the Auburn Downtown Association. He said should the ADA cease to exist, the transfer of funding would be in question. Kris Susie - 20205 71 st Place, Bonney Lake W A Kris Susie, ADA Manager, submitted the annual budget for the Business Improvement Area (ADA), and reported on some of the programs it supports. Ms. Susie reported the ADA has been in existence for over five years. Ms. Susie pointed out that Auburn is not unique to the efforts of revitalization of downtown. She said a volunteer program does not provide for a public/private partnership which is needed for economic restructuring. Ms. Susie feels the ADA is making a difference. Marvann Walskv - 121 East Main Street, Auburn W A Maryann Walsky supports continuation of the Auburn Downtown Association. Kathy Heim - 102 West Main Street, Auburn Kathy Heim, owner of the Pastime Tavern and representing the Peach Dream Cafe, expressed support of the Auburn Downtown Association. She said they have cleaned the streets up and supported establishment of the Peach Dream Cafe. Motion by Councilmember Burns, second by Councilmember Borden to adopt Ordinance No. 4686. AUBURN CITY COUNCIL MINUTES June 20, 1994 Page No. 11 Discussion centered around the original ordinance establishing the BIA, and the powers of the membership with regard to the Auburn Downtown Association. MOTION CARRIED. 6-1 with Council member Haugen voting no. C. Corresoondence 1. A letter addressed to Ms. Diane Vanderbeek, Hearing Examiner, from Ruth E. Stewart dated June 8, 1994, regarding the Hearing Examiner's May 17, 1994 hearing on Application No. CUPOOOI-93, the request of La Terra Limited Partnership for a conditional use permit to construct and operate a thoroughbred horse racing facility. 2. Letter dated June 15, 1994 to Mayor Charles Booth from Ruth E. Stewart expressing opposition to the proposed race track. At the request of Councilmember Brothers, names of Auburn School District students who submitted letters to Mrs. Stewart and were attached to the above referenced letter from Mrs. Stewart are noted for the record. David Allen, Steven Whidby, Sandra Stookey, John Thacker, Jan and Jason Velasquez, Courtney Raisio, Brooke Peltier, Joshus Ott, Jami McQuisten, Kasey McAbee, Courtney Klotzbuecher, Laurie Imel, Misty Guerrero, Aimee Green, Stephanie Blevins, Krysta Galusha, Amanda Ashburn, David Allen, were students who submitted letters to Mrs. Stewart. 3. Letter received on June 17, 1994 from Jim Booker to Mayor Booth expressing support of the race track. 4. Letter dated June 13, 1994 from Ruth E. Stewart to Mayor Charles Booth expressing opposition to the proposed race track. 5. Letter dated June 14, 1994 from Ruth E. Stewart Mayor Charles Booth expressing opposition to the proposed race track. 6. A copy of King County Council Motion No, 9302 supporting Northwest Racing Associates' proposal to build a thoroughbred racing facility in the city of Auburn. 7. Letter dated June 17, 1994 to Auburn City Council Members from Phyllis Cheever expressing support of the Auburn track. 8. Letter dated June 16, 1994 to the Auburn City Council from James P. Hebel expressing support of the proposed race track. 9. Letter dated June 12, 1994 to the Auburn City Council from DM Burnett with regard to the Hearing Examiner's decision and the issue of wetlands. 10. Letter dated June 17, 1994 to the City Council from Jeffrey M. Eustis regarding the Conditional Use Permit for Auburn Racetrack. 11. Letter dated June 18, 1994 to the Auburn City Council from M. Deanna Robinson with regard to the proposed vote on the ADA. · AUBURN CITY COUNCIL MINUTES June 20, 1994 Page No. 12 12. Letter dated June 20, 1994 to Mayor Charles Booth and Auburn City Council Members from John Raeder, Universal Refrigeration with regard to the Conditional Use Permit For the Proposed Auburn Race Track. III. COUNCIL COMMITTEE REPORTS A. Municioal Services A3.6.4.4 Chair Brothers reported the Municipal Services Committee met this afternoon at 4:30 p.m. Chair Brothers reported the Committee discussed speeding issues, landlords and tenants refuse issue, and the Auburn Community Fund. Chair Brothers also stated the Committee discussed Resolution No. 2526 and Ordinance Nos. 4679, 4682, and 4683. Chair Brother further stated the Committee discussed Ordinance Nos. 4681 which remained in Committee. The next Municipal Services Committee meeting is scheduled for July 5, 1994 at 4:30 p.m. B. Planning & Community Develooment A3.6.4.4 Chair Burns reported the Planning and Community Development Committee met on June 13, 1994. The next regularly scheduled meeting of the Planning and Community Development Committee will be Tuesday, July 5, 1994 at 7:30 p.m. C. Public Works A3.6.4.4 Chair Wagner reported the Public Works Committee met prior to the meeting this evening to discuss agreements related to the Supermall and Resolution No. 2534. The next meeting of the Public Works Committee will be held Monday, June 27, 1994 at 5:30 p.m. D. Finance A3.6.4.4 Chair Barber reported the Finance Committee met this evening at 7:00 p.m. and discussed Ordinance No. 4687, Resolution No. 2535 and claims and payroll. The next meeting of the Finance Committee is scheduled for Tuesday, July 5, 1994 at 7:00 p.m. IV. CONSENT AGENDA A. Minutes 1. Minutes of the June 6, 1994 regular Council meeting. B. Vouchers F4.9.2, F4.9.5 1. Claim numbers 92709 through 93378 in the amount of $1,226,456.27 and dated June 20, 1994. 2. Payroll numbers 204718 through 205339 in the amount of $925,046.49 covering the period May 31, 1994 to June 8, 1994. AUBURN CITY COUNCIL MINUTES June 20, 1994 Page No. 13 C. Contract Administration 1. Lakeland Hills Park. Contract 92-11 05.2 Recommend approval of Pay Estimate No. 10, Final to Golf Landscaping and Construction, Inc. for the construction of Lakeland Hills Park and Well #5A in the amount of $ I 2,606.97. D. Surolus Prooerty F4.6.I Request authorization to surplus and sell at the next auction the small equipment listed below: IBM Typewriter (017 072) Serial #5696212 Marten Yale Folding Machine (014 154) Serial #CV-6 Motion by Councilmember Kurle, second by Councilmember Burns to approve Consent Agenda items IV.A through IV.D. MOTION CARRIED UNANIMOUSLY. 7-0. V. UNFINISHED BUSINESS This item was tabled and referred to the Municipal Services Committee at the June 6, 1994 Council meeting. A. Resolution No. 2526 04.4.11.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Addendum to the Professional Services Contract with Arai/Jackson Architects for the purpose of providing redesign and construction document services for phase 2 of the agreement for remodel of City owned property located at 3 First Street N.W., Auburn, Washington. Motion by Councilmember Wagner, second by Councilmember Haugen to adopt Resolution No. 2526. MOTION CARRIED. 6-1 with Councilmember Burns voting no. VI. NEW BUSINESS - None. VII. ORDINANCES AND RESOLUTIONS A. Ordinances Acting City Attorney Mike Reynolds read the title of each Ordinance out loud. 1. Ordinance No. 4679 A3.5.5.10, 01.8 An Ordinance of the City Council of the City of Auburn, Washington, amending Auburn City Code Section 10.04.010 entitled "Adopted--Copies Filed" contained in A UBURN CITY COUNCIL MINUTES June 20, 1994 Page No. 14 Chapter 10.04 of the Auburn City Code entitled "Model Traffic Ordinance Adopted by Reference" to adopt the Washington Model Traffic Ordinance as contained in the Washington Administrative Code, Chapter 308-330 WAC. Acting City Attorney Mike Reynolds briefed the Council on the first four ordinances and how all four of them, as mandated by law work together. The Municipal Services Committee has reviewed and forwarded three of four ordinances to the Council this evening. Mr. Reynolds summarized the importance of considering all four tonight. Facts surrounding Mr. Reynolds brief include the Model Traffic Ordinance have been readopted by the state legislature in the Washington Administrative Code which become effective July 1, 1994. All cities are to adopt this code by reference by this date. As part of the code, the State Legislature set forth penalties for alcohol concentration of at least 0.10; effective July 1, 1994 requires punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime; and enforcement of ordinances relating to municipal affairs may impose penalties and punishments that are provided in state law. Mr. Reynolds warned against loss of convictions that perhaps could go over a period of three years and not being able to enforce the penalties because of noncompliance with state law. Dave Purdy explained the penalties are going up and the drunk drivers will be apprehended securely. From a liability standpoint, Chief Purdy explained the amendments would provide a secure mechanism to enforce the law. Without it, he said, it would be difficult for the officers and administration. Chief Purdy further pointed out we are not giving up anything because as of this date there are no convictions for 0.08 to the 0.10. After discussion, Mike Reynolds read the titles to each ordinance. Motion by Councilmember Wagner, second by Councilmember Haugen to introduce and adopt Ordinance No. 4679. MOTION CARRIED. 5-2 with Councilmembers Brothers and Burns voting no. 2. Ordinance No. 4681 01.8, A3.5.5.10 An Ordinance of the City Council of the City of Auburn, Washington, repealing Auburn City Code Chapter 10.14 entitled "Driving or Control of a Motor Vehicle While Under the Influence" to comply with state law. Motion by Councilmember Wagner, second by Councilmember Haugen to introduce and adopt Ordinance No. 4681. MOTION CARRIED. 5-2 with Council members Brothers and Burns voting no. 3. Ordinance No. 4682 01.8, A3.5.5.10 An Ordinance of the City Council of the City of Auburn, Washington, adding a new Chapter 10.05 entitled "Specified Sections of the 1994 Omnibus Drunk Driving Act and RCW 46.20.730 Adopted by Reference." A UBURN CITY COUNCIL MINUTES June 20, 1994 Page No. 15 Motion by Councilmember Brothers, second by Councilmember Wagner to introduce and adopt Ordinance No. 4682. MOTION CARRIED. 6-1 with Councilmember Burns voting no. 4. Ordinance No. 4683 A3.5.5.9 An Ordinance of the City Council of the City of Auburn, Washington, repealing the Auburn City Code Title 9 and adopt a new Auburn City Code Title 9 to comply with RCW 35A.ll.020. Motion by Councilmember Brothers, second by Councilmember Wagner to introduce and adopt Ordinance No. 4683. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Ordinance No. 4684 02 An Ordinance of the City Council of the City of Auburn, Washington, formally establishing the Auburn Fire Department. Under the Municipal Services Committee report, Councilmember Brothers reported this ordinance has been held in committee. 6. Ordinance No. 4686 Al.lO An Ordinance of the City of Auburn, Washington, ratifying and confirming Ordinance No. 4293 which established the Auburn Central Business Improvement (BIA) Later Called the Auburn Downtown Association (ADA). This ordinance was passed under Audience Participation (see II.B). 7. Ordinance No. 4687 F4.16, F4.21 An Ordinance of the City Council of the City of Auburn, Washington, approving the establishment of a separate Fund 328 which is presently known as the "Capital Construction Projects" Fund. Motion by Councilmember Barber, second by Councilmember Brothers to introduce and adopt Ordinance No. 4687. MOTION CARRIED UNANIMOUSLY. 7 -0. AUBURN CITY COUNCIL MINUTES June 20, 1994 Page No. 16 B. Resolutions Acting City Attorney read the title to Resolution No. 2525. 1. Resolution No. 2525 04.4.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an agreement between the City and Bonnie Tours to serve as travel agent for an Alaska land/cruise tour package for the City's Senior Center Program. Motion by Councilmember Burns, second by Councilmember Kurle to waive the formal reading of the rest of the resolutions. MOTION CARRIED UNANIMOUSLY. 7-0. Motion by Councilmember Burns, second by Councilmember Barber to adopt Resolution No. 2525. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Resolution No. 2530 A3.13.9 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Payback Agreement between the City and Finkbeiner Development, Inc. Motion by Councilmember Wagner, second by Councilmember Kurle to adopt Resolution No. 2530. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Resolution No. 2531 01.7 A Resolution of the City Council of the City of Auburn, Washington, authorizing the City of Auburn Finance Director to pay Seventy-five Dollars per visit once a week to Annie McDonald, R.N., to provide medical screening of prisoners at the Auburn City Jail. Motion by Councilmember Brothers, second by Councilmember Wagner to table Resolution No. 2531. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Resolution No. 2532 03.3.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the City to execute Developer/Local Agency Agreement No. UC3100 between the City, Stanford Tabb and the Washington State Department of Transportation to allow the Supermall of the Great Northwest to work within the State's right-of -way AUBURN CITY COUNCIL MINUTES June 20, 1994 Page No. 17 for roadway, drainage and signal improvements at SR 18/SR 181 West Valley Highway MP 2.68. Motion by Councilmember Wagner, second by Councilmember Burns to adopt Resolution No. 2532. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Resolution No. 2533 03.3.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the City to execute Developer/Local Agency Agreement No. UC3099 between the City, Stanford Tabb and the Washington State Department of Transportation to allow the Supermall of the Great Northwest to work within the State's right-of-way for traffic signal, roadway and drainage improvements at SR 18/SR 181 ramps and C Street MP 3.55. Motion by Councilmember Wagner, second by Council member Kurle to adopt Resolution No. 2533. MOTION CARRIED UNANIMOUSLY. 7-0. 6. Resolution No. 2534 04.9.3 A Resolution of the City Council of the City of Auburn, Washington, fixing 7:30 P.M. on July 18, 1994 as the time and date for a public hearing before the City Council on the 1995-2000 Six Year Street Program. Motion by Councilmember Wagner, second by Councilmember Burns to adopt Resolution No. 2534. MOTION CARRIED UNANIMOUSLY. 7-0. 7. Resolution No. 2535 Al.4.1, A3.16.10 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 Professional Services Contract for Municipal Court Judge Pro Tern services between the City and Stuart Heath. Motion by Counci member Barber, second by Councilmember Borden to adopt Resolution No. 2535. MOTION CARRIED UNANIMOUSLY. 7-0. VIII. MAYOR'S REPORT A. Executive Session Mayor Booth announced there will be an Executive Session approximately 10 minutes to discuss personnel. Action is anticipated as a result of the Executive Session. The City A UBURN CITY COUNCIL MINUTES June 20, 1994 Page No. 18 Council meeting was recessed to Executive Session at 12:40 a.m on June 21, 1994. The City Council meeting reconvened at 12:50 a.m. on June 21, 1994. Auburn Police Lieutenants Guild Motion by Councilmember Barber, second by Councilmember Brothers to approve the Police Lieutenants Contract for 1993 through 1995. MOTION CARRIED UNANIMOUSLY. 7-0. IX. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 12:52 a.m. on June 21, 1994. ~G.J~~ Charles A. Booth, Mayor ~Ú~) Robin Wohlhueter, City Clerk - 94M6-20