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HomeMy WebLinkAbout07-17-1995 CITY OF AUBURN COUNCIL MEETING MINUTES July 17, 1995 7:30 p.m. CALL A. Co TO ORDER Fla,q Salute Mayor Booth called the meeting to order at 7:32 p.m. and led those in attendance in the pledge of allegiance. 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: Police Captain Ray Sherman, Fire Chief Bob Johnson, Personnel Director Brenda Kennedy, Assistant Parks and Recreation Director Dick Deal, Public Works Director Frank Currie, Utilities Engineer Dwight Holobaugh, Finance Director Victor Thompson, Planning and Community Development Director Paul Krauss, Assistant Planning Director Lynn Rued, Associate Planner Bea Sanders, City Attorney Michael Reynolds, Assistant City Attorney Judy Ausman, and Deputy City Clerk Dani Daskam. Announcements and Appointments 1. Announcements - None. 2. Appointments - None. A,qenda Modifications Agenda modifications include Ordinance No. 4774 transmitted under Item VII.A. 14 of these minutes, Ordinance No. 4775 transmitted under Item VII.A. 15 of these minutes and Ordinance No. 4776 transmitted under Item VII.A. 16 of these minutes. Page 1 City of Auburn Council Meetin,q Minutes July 17, 1995 II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1995-96 BIA Budget Hearing A1.10 The request of the Business Improvement Area (BIA) Committee of Ratepayers to establish a budget of $56,400 for the 1995-1996 fiscal year. Mayor Booth opened the public hearing and requested testimony. Associate Planner Bea Sanders made a brief presentation on the proposed 1995-96 BIA budget. Ms. Sanders briefly overviewed the accomplishments of the BIA. Ms. Sanders stated that approximately one year ago a representative from the Washington State Downtown Revitalization Program assisted in the reorganization of the Business Improvement Area utilizing the National Main Street approach. Ms. Sanders explained the Main Street Program uses a four point approach: organization, economic restructuring, design, and promotions. Ms. Sanders stated the BIA has been working closely with the Chamber of Commerce and the developers of the Supermall. Ms. Sanders advised a BIA information booth will be located in the Supermall which will highlight events and activities of the downtown area and the entire city. Ms. Sanders stated shuttle service between downtown and the Supermall is being negotiated. Ms. Sanders stated attempts are being made to restructure the economic base of the BIA. Ms. Sanders stated the BIA restructured the Farmers Market to make it available to more participants and customers, and the BIA has developed a gift certificate program involving several of the downtown merchants. Ms. Sanders stated the BIA is working with business owners to improve the appearance of downtown. Associate Planner Sanders presented the proposed 1995- 96 BIA Budget. Ms. Sanders stated the budget revenues includes $45,588 in projected assessments, $6,000 in vendor fees, $500 in investment income, $300 in interest Page 2 City of Auburn Council Meetinq Minutes July 17, 1995 income, and a fund balance of $9,000 for total funds of $61,388. Associate Planner Sanders explained the budget expenditures are $56,400 and include $19,330 in administration, $4,650 in administrative staff costs, and the remainder divided among programs. Ms. Sanders stated approximately $5,000 will remain in reserve. Associate Planner Sanders explained other sources of income not subject to City review. She pointed out $54,720 in volunteer work, and $57,720 which the BIA can expect to receive from the Hapsmith Company when the certificate of occupancy is issued for the Supermall. Councilmember Brothers and Councilmember Borden asked for more details on the shuttle service that is being negotiated. Associate Planner Sanders stated the services will be from the Supermall to the downtown area and will coincide with the opening of the Supermall. Other details of the shuttle service are still being negotiated. There were no requests from the audience to speak. Motion by Councilmember Burns, second by Councilmember Wagner to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Motion by Councilmember Burns, second by Councilmember Borden to adopt Resolution No. 2654. Councilmember Haugen stated that because there is litigation between some members of the Auburn Downtown Association and the City of Auburn, she will abstain from voting. MOTION CARRIED. abstained from voting, majority vote. 7°0. Councilmember Haugen and her vote is counted with the Audience Participation Shirley Painter, 2702 18th Street SE, Auburn, WA Ms. Painter stated she is present this evening to speak on behalf for Jim Weese and on behalf of the Lakeland Adult Village Page 3 City of Auburn Council Meetinq Minutes July 17, 199~ III. Association of which Jim Weese is the President. Ms. Painter stated there are approximately 250 members of the Association. She stated the goal of the Association is to build an active adult community consisting of a variety of housing options and service packages in Auburn. Ms. Painter said the community will consist of a variety of single family and attached residences, health care facilities, exercise facility, rental facilities, and provide a secure environment. Ms. Painter stated she is in favor of and supports the annexation proposal by Henderson Development which is before the City Council this evening. She stated the adult community will be within the area proposed for annexation. Ms. Painter stated the Lakeland Adult Village Association has an agreement with Henderson Development which gives the Association depositors the first priority to purchase and rent homes in the adult community which will be constructed by Henderson. Ms. Painter stated there are already 38 depositors, and construction is to begin next spring. Ms. Painter asked that the annexation proceedings not delay the construction of the adult community. Ms. Painter stated the Association would like the City to make some kind of arrangement that will ensure the adult community can proceed with construction this spring. Peter B. Lewis, 802 45th Street NE, Auburn, WA Mr. Lewis stated he is speaking on behalf of the Auburn Area Chamber of Commerce as its President. Mr. Lewis stated the Auburn Area Chamber of Commerce supports the project and the Henderson Development annexation. Mr. Lewis stated he hopes the annexation proceedings will not delay the construction and permit process that is in effect at this time. C. Correspondence A letter from Shirley Nickelsen addressed to the Editor of the Valley Daily News and dated July 2, 1995 regarding a leash law in the city of Auburn. COUNCIL COMMITTEE REPORTS Municipal Services Chair Brothers reported the Municipal Services Committee met this afternoon at 4:30 p.m. Chair Brothers stated the Committee tabled Page 4 City of Auburn Council Meetinq Minutes July 17, 1995 IV. Ordinance No. 4757; recommends the approval of Ordinances 4756, 4758, 4763, 4769; and recommends surplusing property. Chair Brothers stated the Committee also received a briefing on the Uniform Fire Code. The next regular meeting of the Municipal Services Committee is scheduled for August 7, 1995 at 4:30 p.m. Planning & Community Development As Chair Burns was not able to attend the last meeting of the Planning and Community Development Committee, Chair Burns deferred to Vice Chair Wagner for a report on the meeting. Vice Chair Wagner reported the Committee met on July 10, 1995 at 7:30 p.m. and discussed the golf course pump improvement and the Brannan Park field lighting upgrade which are recommended for approval in this evening's Consent Agenda. Vice Chair Wagner also reported the Committee discussed the Lakeland Hills annexation proposals and the four options presented by staff. Vice Chair Wagner stated the Committee recommends Option 2 be approved by the City Council. The next regular meeting of the Planning and Community Development Committee is scheduled for July 24, 1995 at 7:30 p.m. Public Works Chair Wagner reported the Public Works Committee met on July 10, 1995 at 5:30 p.m. Chair Wagner reported the Committee heard a presentation on water resources, considered amending ordinances to include nuisance language, heard presentations on the "B" Street NW project and the Sidewalk Improvement Project, reviewed the racetrack projects being accomplished through State funding, and learned the City will receive ISTEA grant funds for several projects. The next regular meeting of the Public Works Committee is scheduled for July 24, 1995 at 5:30 p.m. Finance Chair Barber reported the Finance Committee met this evening at 7:00 p.m. Chair Barber reported the Committee reviewed and recommends approval of the claims and payroll vouchers. The next regular meeting of the Finance Committee is scheduled for Monday, August 7, 1994. CONSENTAGENDA Minutes 1. Minutes of the July 3, 1995 regular Council meeting. Page 5 City of Auburn Council Meetinq Minutes July 17, 199; Vouchers F4.9.2, F4.9.5 1. Claims Claims check numbers 103602 through 103943 amount of $891,934.85 and dated July 17, 1995. in the Payroll Payroll check numbers 216530 to 216948 in the amount of $745,633.21 and Direct Payroll Deposit transmissions in the amount of $167,594.23 for a grand total of $913,227.44 for the pay period covering June 28, 1995 to July 7, 1995 for payment this 17th day of July, 1995. Utility Bill Adjustment F4.5.2 Recommend approval of utility adjustment to the following accounts for the amounts listed: Account 361.3420 Account 212.2370 Account 419.0250 $2,485.40 $ 910.35 $2,776.13 Contract Administration Public Works Contract Number 95-14 05.2 PR 561 Contract 95-14 Recommend the award of Public Works Contract Number 95-14, Brannan Park Softball Field Illumination Rehabilitation, PR 561, to Service Electric Company, Inc., on their Iow bid of $58,888.00 plus tax. Public Works Contract Number 95-02 O4.4.7.1 PR 554 Contract 95-02 Recommend approval of Pay Estimate No. 3 (Final) to Lakevue Construction, Inc., for Public Works Project No. 95- 02, Golf Course Pumping System Improvements, in the amount of $14,499.60. Page 6 City of Auburn Council Meetinq Minutes July 17, 199s Surplus Property F4.6.1 Request the following unclaimed property be declared surplus and sold at the next auction: #90-000599 #90-050022 #90-110412 #91-070385 #91-080814 #91-110007 #91-110552 #92-060690 #92-080624 #92-080828 #93-020549 #93-050008 #93-050516 #93-060515 #93-070364 #93-080040 #93-080180 #93-090469 #93-090669 #93-100740 #1 Boltcutters #1 Equalizer, #2 Radar Detector Kracko SIN #k513373,#3 Flashlight, #4 Screwdriver, #5 Screwdriver,#6 Wirecutters #1 Shoulder Holster Bianchi #1 Wood box speakers #21 Hairdryer #2 Long handled push broom #2 Red 5 gal gas can #4 Motorola cellular phone w/cord SIN 650CNLL4048 Model #SCN2043A #5 Black garage door opener SIN 44898 Model AT95 #6 Black sunglasses #1 Cobra trapshooter Radar detector SIN 673091, #2 wath #2 Tackle box #3 staple gun #2 Purple bowling ball SIN #2418406 #2 Watch #1 Yellow & Black nylon tie-down #1 Yellow necklace #2 McClendon's brass sprinklers (2) #2 Screwdriver #1 Charcoal gray bucket seat, #2 Charcoal gray bucket seat, #3 Beige Interior door panel, #4 Beige Interior panel, #5 Beige interior door panel, #6 Honda yellow trunk lid, #7 Gray bench seat cushion, #8 Black/striped bench seat, #9 two piece gray seat, #10 two piece black striped seat #1 Fire extinquisher, #2 fire extinguisher #1 Brown vinyl cassette case w/tapes #2 Omega seamaster silver watch, #3 Times men's silver watch, #4 DelphiQuartz gold women's watch, #5 Misc costume jewelry, #6 Bracelet, #7 Bracelet #8 Earrings, #9 Earring, #10 Necklace, #11 Bracelet #93-110043#2 6" mini black maglite, #3 screwdriver, #4 speaker Page 7 City of Auburn Council Meetinq Minutes July t7, 1995 #93-120607 #94-1987 #94-3202 #94-7931 #94-9221 wire, #5 screwdriver, #6 Oki telecom battery charger SIN #PR9022A #7 CD, #8 Nokia Cellular phone SIN #00639335, #9 Sony cassette radio SIN 49761 Model #XR-610, #10 Nokia battery pack, #11 tool box w/miscellaneous tools #93-110317 #1 pully tire iron #93-120300#1 Black briefcase, #2 Bundles of speaker wires and ext cords, #3 Black cloth material/covering #1 Socks & shirt #1 ring & necklace #2 nylon bag cont. vice grips,knife, screwdriver #1 Trumpet in case SIN 234388 #1 Misc sporting goods Motion by Councilmember Kurle, second by Councilmember Burns to approve Consent Agenda Items IV.A through IV.E In response to a question from Councilmember Haugen regarding the auction of surplus property, Mayor Booth stated he will request Finance Director Thompson report on the auction procedure. MOTION CARRIED UNANIMOUSLY. 7-0. UNFINISHED BUSINESS - None. NEW BUSINESS Application No. ANX0002-95 03.1 ANX0002-95 City Council consideration on the request of Henderson Development, Inc., to commence annexation proceedings for 1120 acres within Pierce County. Planning and Community Development Director Krauss stated staff has been processing an annexation petition from Henderson Homes to cover a large area of Pierce County. Mr. Krauss explained the City has sixty (60) days from the initial submittal of the request to formally act upon the request for annexation. Planning and Community Development Director Krauss stated the City Council must decide whether to accept, modify, or reject the proposed boundaries of the annexation request. Mr. Krauss stated staff is proposing the City Council accept the request for Page 8 City of Auburn Council Meetinq Minutes July 17, 1995 annexation since annexation is consistent with the Comprehensive Plan. Mr. Krauss stated staff is recommending that some modifications be made, and recommend Option 2 called the North Lake Tapps option be approved. Mr. Krauss stated the City Council must also determine this evening if the residents in the annexation area will be responsible for assuming their fair share of the City's bonded indebtedness, and staff is recommending that they do. Mr. Krauss stated the City Council must also determine if the annexation area will be concurrently rezoned. Mr. Krauss stated an environmental impact statement will be required for the annexation because of the concurrent rezone. Planning and Community Development Director Krauss briefly explained the annexation process. Mr. Krauss stated state law requires a two-step petition process. Mr. Krauss stated an annexation petition is initiated by property owners of at least 10% of the valuation and Henderson Homes comprises more than 10% of the assessed valuation. Mr. Krauss stated if the City Council approves the annexation request this evening, the next step requires a 60% annexation petition. Planning and Community Development Director Krauss referred to the map entitled Lakeland Hills South Annexation Options. The map depicted the annexation area proposed by Henderson Development and three alternatives developed by staff. Planning and Community Development Director Krauss stated staff is undertaking a Comprehensive Plan amendment to resolve all the planning issues. Mr. Krauss stated planning for the entire potential annexation area will be performed. Planning and Community Development Director Krauss stated if the City Council decides to proceed, the petition will then go to the Pierce County Boundary Review Board where it will be reviewed for consistency with state law and where it may be contested by other governmental entities, service districts, and individuals. Planning and Community Development Director Krauss stated the Planning and Community Development Committee recommends the City proceed with Option 2 which includes all property owned by Henderson Development included in the original request but eliminates an area in the southwest corner. Page 9 City of Auburn Council Meetinq Minutes July t7, t995 Planning and Community Development Director Krauss stated staff continues to meet with representatives of adjoining municipalities and service providers. Councilmember Brothers questioned how the City's Special Planning Area designation compares to the designation given by Pierce County. Planning and Community Development Director Krauss stated the City Council will have to determine land use designation, although Pierce County has enacted a Comprehensive Plan and there is an existing environmental impact statement approved by Pierce County several years ago that can be considered. Councilmember Brothers asked about objections to the annexation already received by the City. Planning and Community Development Director Krauss stated the City, as well as Henderson Development, has received some objections. In response to a question from Councilmember Brothers regarding whether there is adequate support to obtain a 60% petition, Mr. Krauss stated he does not have enough information at this time to make a determination. Councilmember Wagner stated that at the Planning and Community Development Committee meeting, representatives of the Terrace View development indicated they were in favor of annexation; however, the map of the proposed annexation area does not include the Terrace View area. Planning and Community Development Director Krauss stated the representatives of Terrace View have indicated they are supportive of the annexation provided a pre-development agreement can be reached with the City of Auburn. Councilmember Wagner stated the City Council can select one of the boundary options this evening and begin the process; but when the 60% petition is presented to the City Council later, the City Council can reject the petition in total. Planning and Community Development Director Krauss stated the Council can reject or modify the boundaries at that time. Councilmember Borden asked that Planning and Community Development Director Krauss discuss the public process for the benefit of the audience. Mr. Krauss stated the development proposals for the proposed annexation area would be subject to Page 10 City of Auburn Council Meetinq Minutes July 17, 1995 the same zoning processes as any other development in the city of Auburn. The process will include public hearings at city hall with opportunity to testify before the City Council. There will also be citizen participation on the 60% annexation petition. Ken Kinared, representing The Lakeland Company (formerly Henderson Development Company), Henderson Homes, and Henderson Adult Communities. Mr. Kinared stated he represents the applicant for the annexation Mr. .Kinared stated Henderson supports the Planning and Community Development Committee's recommendation to use Option 2 boundaries. Mr. Kinared stated Option 2 makes sense from a comprehensive planning perspective and respects the concerns of Pierce County and the Lake Tapps Fire District. Mr. Kinared stated Option 2 will also facilitate the construction of the Lake Tapps parkway which will provide relief for Kersey Way. Mr. Kinared stated that Lakeland received approval from the Pierce County Hearing Examiner for 3,480 homes, and Henderson will continue to pursue development approvals in Pierce County while the annexation discussions proceed. Mr. Kinared reported that within the next 30 days, eight approvals will be pending in Pierce County, including the adult community. Mr. Kinared stated Lakeland expects the City of Auburn to cooperate with processing and honoring approvals granted by Pierce County. Mr. Kinared also stated that over the past six years, Henderson has prepared comprehensive service plans for storm, sewer, water, and transportation, although these plans can be modified to address Auburn's concerns provided the basic commitments remain intact. Mr. Kinared reported that Pierce County completed land use planning for the proposed annexation area in compliance with the Growth Management Act, and the Lakeland Plan was adopted specifically by reference and incorporated in the Pierce County Plan. Mr. Kinared stated Henderson has requested sewer service from Auburn, consistent with a 1983 agreement and expects service for their first development in Pierce County in January 1996. The annexation process described by Auburn staff will apparently not be complete by January 1996. Mr. Kinared stated if completion of the annexation process remains a requirement for sewer service, an interim solution will need to be accomplished. Mr. Kinared Page 11 City of Auburn Council Meetinq Minutes July 17, 1995 stated that if the City chooses to proceed with annexation, Henderson requests that the City approve and honor the plans and approvals which are in place at the time annexation occurs. Mr. Kinared stated Henderson has been working with Pierce County, adjacent jurisdictions, and neighbors to develop a quality, master planned community for the past six years, and Henderson expects to proceed with those plans. Mr. Kinared stated the pre-annexation agreement submitted with the petition for annexation outlines Henderson's concerns and provides a logical starting point for annexation discussions. Mr. Kinared presented a notebook to each Councilmember containing several documents related to the Lakeland development. Councilmember Kurle asked Mr. Kinared if Henderson's request is that the City's zoning not preclude anything already agreed to by Pierce County. Mr. Kinared confirmed Councilmember Kurle's question. Councilmember Kurle asked why Henderson wants to annex to the City of Auburn. Mr. Kinared stated, it is logical that Henderson would prefer to deal with one jurisdiction rather than several. Councilmember Brothers asked if the City is being asked to adopt the development standards of Pierce County, and if so, how do they differ from the development standards of the City. Planning and Community Development Director Krauss stated there are details to be resolved. Councilmember Haugen asked Mr. Kinared how much property Henderson owns in Pierce County and is included in this annexation request. Mr. Kinared responded that Henderson owns 685 acres. In response to a question from Councilmember Haugen, Mr. Kinared stated the only service not available to the Lakeland development from a Pierce County jurisdiction is sewer service. Earl Floyd, 21017 Snag Island Drive, Sumner, WA Mr. Floyd stated he represents the Dieringer School District which will service the children of the annexation area. Mr. Floyd stated the school district typically takes a neutral position on annexation and development proceedings. Mr. Floyd stated the district is concerned that a mitigation requirement by the hearing examiner be met and that an agreement be made so that the school district population does not subsidize the development. John Olson, 16624 15th Street Court East, Sumner, WA Page 12 City of Auburn Council Meetinq Minutes July 17, 1995 VII. Mr. Olson stated he wants his property to be excluded from the annexation. Motion by Councilmember Burns, second by Councilmember Wagner to accept the petition for annexation, to modify the boundaries of the requested annexation consistent with Option No. 2, to require the adoption of a zoning regulation prior to or concurrent with the annexation, to require the annexed area to assume its pro rata share of the City's existing bonded indebtedness, and to authorize the Planning Department to prepare the annexation petition for circulation. MOTION CARRIED 6-1. Councilmember Haugen voted no. Application No. MIS0002-95 - Amendments to Auburn City Code Titles 16, 17 and 18 A3.5.5.16, A3.5.5.17, A3.5.5.18 City Council to consider amendments to Auburn City Code Titles 16, 17 and 18 related to public nuisances. Motion by Councilmember Burns, second by Councilmember Wagner to approve the amendments to Titles 16, 17, and 18 of the Auburn City Code that involve public nuisances. MOTION CARRIED UNANIMOUSLY. 7-0 Councilmember Haugen asked Planning and Community Development Director Krauss whether the City has regulations or restrictions on the storage of excavation materials on a construction site. Mr. Krauss stated the City can require review of plans for stockpiling, especially for erosion control and traffic. ORDINANCES AND RESOLUTIONS A. Ordinances Ordinance No. 4756 A3.5.5.10, O4.10.1 An Ordinance of the City Council of the City of Auburn, Washington, adding a new Chapter 10.66 entitled "Cruising" to Title 10 entitled "Vehicles and Traffic". Page 13 City of Auburn Council Meetinq Minutes July 17, 1995 Motion by Councilmember Brothers, second by Councilmember Barber to introduce and adopt Ordinance No. 4756. Councilmember Borden noted the cruising areas are established and can be changed by the Chief of Police. Councilmember Borden asked if there is precedent for administratively designating cruising areas. City Attorney Reynolds stated the City of Renton Chief of Police has the authority to designate cruising areas in the City of Renton. City Attorney Reynolds pointed out the ordinance was designed so that violations of the ordinance are traffic infractions versus misdemeanors. Motion carried unanimously. 7-0. Ordinance No. 4757 A3.5.5.9, 01.8 An Ordinance of the City Council of the City of Auburn, Washington, adding Chapter 9.003 entitled "Lewd Conduct" to the Auburn City Code Title 9 entitled "Public Peace, Morals and Welfare". Ordinance No. 4757 was tabled by the Municipal Services Committee and withdrawn from the City Council agenda. Ordinance No. 4758 A3.5.5.9, 01.8 An Ordinance of the City Council of the City of Auburn, Washington, amending Chapter 9.02 entitled "Assault" by adding Section 9.02.030 entitled "Fighting in Public" and Section 9.02.040 entitled "PedestrianNehicular Interference" contained in Auburn City Code Title 9 entitled "Public Peace, Morals and Welfare". Motion by Councilmember Brothers, second by Councilmember Barber to introduce and adopt Ordinance No. 4758. Motion carried unanimously. 7-0. Ordinance No. 4763 A3.5.5.9, 01.8 Page 14 City of Auburn Council Meetinq Minutes July 17, t995 An Ordinance of the City Council of the City of Auburn, Washington, amending Chapter 9.03 entitled "Domestic Violence" by amending Section 9.03.040 entitled "No- Contact Order - Violation - Penalty" contained in Auburn City Code Title 9 entitled "Public Peace, Morals and Welfare". Motion by Councilmember Brothers, second by Councilmember Haugen to introduce and adopt Ordinance No. 4763. Motion carried unanimously. 7-0. Ordinance No. 4764 A3.10.1 CUP0003-95 An Ordinance of the City of Auburn, Washington, providing for a Conditional Use Permit to allow the placement of a cellular phone tower on property zoned M-1 (Light Industrial) on property located 1,000 feet south of 285th Street and west of Interurban Trail, within the City of Auburn, Washington. Motion by Councilmember Burns, second by Councilmember Wagner to introduce and adopt Ordinance No. 4764. Motion carried unanimously. 7-0. Ordinance No. 4765 03.8 REZ0002-95 An Ordinance of the City of Auburn, Washington, providing for the rezoning of property located 3702 West Valley Highway North, within the City of Auburn, Washington, changing the zoning classification from M-1 (Light Industrial) to C-3 (Heavy Commercial). Motion by Councilmember Burns, second by Councilmember Wagner to introduce and adopt Ordinance No. 4765. Motion carried unanimously. 7-0. Ordinance No. 4766 O3.3.1 Page 15 City of Auburn Council Meetin.q Minutes / An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 4627 by revising Condition No. 8. E, Transportation. Motion by Councilmember Burns, second by Councilmember Wagner to introduce and adopt Ordinance No. 4766. Motion carried unanimously. 7-0. Ordinance No. 4767 A3.5.5.12 An Ordinance of the City of Auburn, Washington, amending Auburn City Code Chapter 12.60 Right-of-way Permits. Motion by Councilmember Wagner, second by Kurle to introduce and adopt Ordinance No. 4767. Motion carried. 6-1. Councilmember Haugen voted no. Ordinance No. 4769 A3.5.5.10, O1.2 An Ordinance of the City Council of the City of Auburn, Washington, amending Chapter 10.36 entitled "Stopping, Standing and Parking" by amending Section 10.36.268 entitled "Disabled Parking - Violation." contained in Auburn City Code Title 10 entitled "Vehicles and Traffic" to increase fine from fifty dollars to one hundred seventy-five dollars. Motion by Councilmember Brothers, second by Councilmember Barber to introduce and adopt Ordinance No. 4769. Motion carried unanimously. 7-0. 10. Ordinance No. 4770 O3.1 ANX0002-94 An Ordinance of the City of Auburn, Washington, annexing to the City property totaling 20 acres located south of So. 277th St. and North of So. 280th St. and contiguous to the northern city limits. Motion by Councilmember Burns, second by Councilmember Wagner to introduce and adopt Ordinance No. 4770. Page 16 City of Auburn Council Meetinq Minutes July t7, t995 11. 12. 13. Motion carried unanimously. 7-0. Ordinance No. 4771 A3.5.5.16 An Ordinance of the City of Auburn, Washington, amending Auburn City Code Section 16.06.120 entitled "Authority to Condition or Deny Proposals" contained in Chapter 16.06 entitled "Environmental Review Procedures" to add language regarding public nuisances and declaring an emergency. Motion by Councilmember Burns, second by Councilmember Borden to introduce and adopt Ordinance No. 4771. Motion carried unanimously. 7-0. Ordinance No. 4772 A3.5.5.17 An Ordinance of the City of Auburn, Washington, amending Auburn City Code Section 17.02.030 entitled "Purpose" contained in Chapter 17.02 entitled "General Provisions"; Auburn City Code Section 17.06.070 entitled "Findings of Fact" contained in Chapter 17.06 entitled "Preliminary Plat"; Auburn City Section 17.12.260 entitled "Parks and Playgrounds", 17.12.270 entitled "Floods and Flood Control", 17.12.280 entitled "Additional Requirements" contained in Chapter 17.12 entitled "Subdivision Improvements"; and Auburn City Code Section 17.14.050 entitled "Administrative Review" contained in Chapter 17.14 entitled "Short Subdivisions" to add language regarding public nuisances and declaring an emergency. Motion by Councilmember Burns, second by Councilmember Wagner to introduce and adopt Ordinance No. 4772. Motion carried unanimously. 7-0. Ordinance No. 4773 A3.5.5.18 An Ordinance of the City of Auburn, Washington, amending Auburn City Code Sections 18.02.020 entitled "Purpose" and 18.02.030 entitled "scope" contained in Chapter 18.02 Page 17 City of Auburn Council Meetinq Minutes July 17, 1995 14. 15. entitled "General Provisions"; Auburn City Code Section 18.56 entitled "Purpose" contained in Chapter 18.56 entitled "signs"; Auburn City Code Sections 18.64.010 entitled "Intent", 18.64.040 entitled "Findings of Fact" and 18.64.050 entitled "Conditions of Approval" contained in Chapter 18.64 entitled "Administrative and Conditional Use Permits'" to add language regarding public nuisances and declaring an emergency. Motion by Councilmember Burns, second by Councilmember Borden to introduce and adopt Ordinance No. 4773. Motion carried unanimously. 7-0. Ordinance No. 4774 A3.5.5.12 An Ordinance of the City of Auburn, Washington, amending Auburn City Code Section 12.64.010 entitled "Purpose" to add language clarifying section and regarding public nuisances and Section 12.64.050 entitled "Criteria" both contained in Chapter 12.64 entitled "Required Public Improvements" to add language regarding public nuisances and declaring an emergency. Motion by Councilmember Wagner, second by Councilmember Kurle to introduce and adopt Ordinance No. 4774. Motion carried unanimously. 7-0. Ordinance No. 4775 A3.5.5.15 An Ordinance of the City of Auburn, Washington, amending Auburn City Code Section 15.74.010 entitled "Intent" contained in Chapter 15.74 entitled "Land Clearing" to add language regarding public nuisances and declaring an emergency. Motion by Councilmember Wagner, second by Councilmember Burns to introduce and adopt Ordinance No. 4775. Motion carried unanimously. 7-0. Page 18 City of Auburn Council Meetinq Minutes July 17, 1995 Bo 16. Ordinance No. 4776 A3.5.5.13 An Ordinance of the City of Auburn, Washington, amending Auburn City Code Section 13.08.010 entitled "Chapter Purpose" contained in Chapter 13.08 entitled "Water Main Extensions"; Auburn City Code Section 13.20.098 entitled "Sewer Extension Policy" contained in Chapter 13.20 entitled "Sewers; Auburn City Code Section 13.48.005 entitled "Purpose", contained in Chapter 13.48 entitled "Storm Drainage Utility" to add language regarding public nuisances and declaring an emergency. Motion by Councilmember Wagner, second by Councilmember Kurle to introduce and adopt Ordinance No. 4776. Motion carried unanimously. 7-0. Resolutions Resolution No. 2654 A1.10 A Resolution of the City Council of the City of Auburn, Washington, approving the proposed Business Improvement Area Budget for the period of July 1, 1995 to June 30, 1996, as required by Ordinance No. 4293. See Item II.A. 1 of these minutes for City Council action on Resolution No. 2654. Resolution No. 2657 O4.12.1 PR513, F2.4.9 LID 346 A Resolution of the City Council of the City of Auburn, Washington, rejecting all bids received relating to the 1994- 1995 Sidewalk Program and authorizing the City Clerk to readvertise a call for bids. Motion by Councilmember Wagner, second Councilmember Burns to adopt Resolution No. 2657. by Motion carried unanimously. 7-0. Page 19 City of Auburn Council Meetinq Minutes July 17, 1995 Resolution No. 2658 03.9 V-01-95 A Resolution of the City Council of the City of Auburn, Washington, fixing a time for a public hearing on the petition for vacation of the alley south of 8th Street S.E. and east of "D" Street S.E., within the City of Auburn, Washington. Motion by Councilmember Wagner, second Councilmember Kurle to adopt Resolution No. 2658. by Motion carried unanimously. 7-0. VIII. MAYOR'S REPORT City Attorney Reynolds informed the City Council that an inquest jury returned a determination today on the police action resulting in a fatal shooting. City Attorney Reynolds stated the jury found the Auburn police officer was justified in using the force he did in this unfortunate incident. Mayor Booth announced that a dedication ceremony of Main Street will take place Monday, July 24, 1995 at 4:30 p.m. Public Works Director Currie stated the ceremony will begin at the "B" Street Plaza and proceed down Main Street to the railroad tracks. Executive Session Mayor Booth recessed the regular meeting to executive session for approximately 20 minutes at 8:58 p.m. in order to discuss potential litigation and personnel matters. Mayor Booth stated no action is anticipated as a result. The regular City Council meeting was reconvened at 9:34 p.m. IX. ADJOURNMENT There being no further business to come before the City Council, the meeting adjourned at 9:34 p.m. Charles A. Booth, Mayor 95M7-17 Page 20