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HomeMy WebLinkAbout11-18-1996 Council Minutes CITY OF AUBURN COUNCIL MEETING MINUTES November 18, 1996 7:30 p.m. I. CALL TO ORDER A. Flag Salute Mayor Booth called the meeting to order at 7:35 p.m. and led those in attendance in the Pledge of Allegiance. B. Roll Call Mayor Booth and the following members of the City Council were in attendance: Rich Wagner, Sue Singer, Jeanne Barber, Trish Borden, Fred Poe, Gene Cerino, and Stacey Brothers. Staff members present included: Police Chief Dave Purdy, Fire Chief Bob Johnson, Personnel Director Brenda Kennedy, Acting Parks and Recreation Director Dick Deal, Library Director Andy Waters, Library Assistant Ann Woodbridge, Librarian Anita Sheneberger, Library Assistant Dixie Lish, Finance Director Diane L. Supler, Financial Analyst Sherri Crawford, Senior Accountant Shelley Coleman, Public Works Director Frank Currie, City Engineer Dennis Dowdy, Traffic Engineer Steve Mullen, Planning and Community Development Director Paul Krauss, Assistant Planning Director Lynn Rued, Senior Planner AI Hicks, City Attorney Michael J. Reynolds, City Clerk Robin Wohlhueter, and Deputy City Clerk Dani Daskam. C. Announcements and Appointments 1, Announcements There were no announcements this evening. 2. Appointments There were no appointments for City Council consideration this evening. Page1 City of Auburn Council Meeting Minutes November 18. 1996 D. Agenda Modifications Agenda modifications include correspondence from Lucille Trotter transmitted under Item II.C.1 of these minutes, and the replacement of Resolution No. 2784 transmitted under Item VII.B.3 of these minutes. li. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. 1997 Budget F3.11 The 1997 Preliminary Budget for the fiscal year January 1 through December 31, 1997 has been placed on file with the City Clerk. The public is encouraged to provide written or verbal testimony on any provision of the proposed 1997 Budget. The City Council will consider revenue sources and possible increases in property tax revenues. Mayor Booth opened the public hearing. Finance Director Supler presented an overview of the 1997 estimated revenues. Overall, revenues for 1997 are projected to be $92,581,500 compared to 1996 budgeted revenues of $90,525,800; a 2.2% increase. Comparisons of 1997 estimated revenues to 1996 revenues were presented by revenue type and by fund category. The majority of the City's revenue sources are included in the Utilities Fund and the General Fund. Approximately 40% of the total revenues comes from the Utilities Fund and approximately 31% comes from the General Fund. The largest revenue source estimated for 1997 is utility revenue at $19.6 million followed by sales tax at $8.3 million and property tax at $8.1 million. Finance Director Supler presented a brief overview of the property tax rate. The 1995 assessed valuation was nearly $2.7 billion, and the 1996 levy rate is $2.92 per $1,000 assessed valuation. To date, the City has not received the final estimate of the 1996 assessed valuation from King County. The latest estimate of the total assessed valuation by King County is $2,886,774,121. Based on the assessed valuation and the needs of the General 'Fund, Council is requested to set the levy rate at $3.01. Currently the Page 2 City of Auburn Council Meeting Minutes November 18. 1996 maximum levy lid rate is $3.60. Finance Director Supler also presented a comparison of 1997 property tax levy rates to various other cities in the region. In response to a question from Councilmember Brothers, Finance Director Supler explained that each year cities are allowed to increase the amount of property taxes raised by the levy rate by 106%. In 1997, the levy rate will generate approximately $8.7 million in property taxes compared to $7.9 million in 1995. Mayor Booth added that with the growth within the community, the net increase in property taxes to the individual property owner is approximately 3%. Finance Director Supler explained that due to state legislation enacted in 1995 and 1996 to exempt certain manufacturing activities from sales tax, the City lost $1.6 million annually in sales tax revenues. Councilmember Brothers questioned increasing property taxes to offset the loss in sales tax. Finance Director Supler explained the loss in sales tax is being offset by a combination of factors including an increase in sales tax and budget reductions. No program improvements are included in the budget and some vacant personnel positions will not be filled. Mary Ellen Stone. King County Sexual Assault Resoume Center. 304 South Main, Renton, WA Ms. Stone made comments on behalf of the King County Sexual Assault Resource Center, She congratulated and thanked the City for maintaining human services funding at the current level. Dick Brugger, Executive Director, Auburn Youth Resources, 11244 SE 322nd Street, Auburn, WA Mr. Brugger thanked the City of Auburn for funding Auburn Youth Resource programs, and expressed hope that the City can maintain the current level of human services funding. He presented the City Council with statistics identifying the number of service hours provided to the community in 1996 and correlated to the funding provided by the City. Page 3 City of Auburn Council Meeting Minutes November 18, 1996 Lynn Roberrs, Program Manager, Washington Women's Employment Education, 11219 SE 323rd, Auburn, WA Ms. Roberrs is the Program Manager for the Washington Women's Employment Education (WWEE) Program. The WWEE Program began in 1985 with a grant from the City of Auburn. Since that time, the WWEE Program has expanded its services to all cities in South King County. Ms. Roberts reported that as a result of welfare reform, the WWEE Program has lost $200,000 in funding. She thanked the City for maintaining human services funding levels. In response to a question from Councilmember Borden, Ms. Roberts explained that the cuts in funding as a result of welfare reform required the WWEE Program to eliminate its West Seattle and White Center programs which served approximately 110 individuals. WWEE continues to operate programs in Kent, Auburn, Federal Way, Renton and Tukwila. Kim McCoy, Executive Director, ACAP Child Development. Services, 1102 "J" Street SE, Auburn, WA Ms. McCoy thanked the City Council for sustaining the level of human services funding. She expressed her thanks for continued funding for ACAP and its programs to serve children and families. Motion by Councilmember Barber, second by Councilmember Singer to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. The following public headng is considered a closed record hearing. A closed record hearing means a hearing that is on the record established by the Hearing Examiner. Them is no or limited new evidence or information that is allowed to be submitted to the City Council. Argument is allowed from the record and may include comments or questions regarding the record. Page 4 City of Auburn Council Meeting Minutes November 18, 1996 2. Application No. ADM0004-95 A3.10.4 The request of Insurance Auto Auction for an Administrative Use Permit to allow expansion of an existing facility onto adjacent parcels that lie on the east and west sides of "D" Street SE in the 3300 block. Mayor Booth opened the public hearing. Steve Allen, 3117 "D" Street SE, Auburn Mr. Allen explained his intent is not to prevent the expansion of Insurance Auto Auction, but to make it more compatible with the surrounding neighborhood. He requested the Insurance Auto Auction traffic be redirected from the residential streets, and noted a significant increase in traffic through the residential neighborhood as a result of business operations. Mr. Allen expressed concern with constructing and extending "D" Street to 37th Street and in effect creating a thoroughfare between 29th and 37th. He also pointed out that extending "D' Street would bisect the Insurance Auto Auction properties and require Insurance Auto Auction vehicles to cross "D" Street. Mr. Allen requested that Insurance Auto Auction be required to have only one new entrance from "A" Street SE. He expressed concern that the installation of the traffic signal at 29th Street will divert traffic through his neighborhood which has no sidewalks and narrow streets. Councilmember Singer asked for clarification of the "D" Street improvement deferment. Public Works Director Currie advised that improvements to "D" Street are at the prerogative of the City or the adjacent property owners. Janine Meloy, 401 - 37th Street SE #83, Auburn, WA Ms. Meloy indicated she resides within the Tall Cedars Mobile Home Park. She advised that from her residence she can see stacked, junked vehicles, and in her opinion the fencing and screening required by the permit will not be sufficient. There is an insufficient buffer between her home and the Insurance Auto Auction. According to Ms. Meloy, Insurance Auto Auction has not complied with existing rules Page 5 City of Auburn Council Meeting Minutes November 18. 1996 and has not proven to be a good neighbor. Previously, she complained to the City about noise from the auction and visible junk cars. Joel Haggard, 1200 IBM Building, Seattle, WA Mr. Haggard spoke on behalf of the applicant. He announced that Mr. Joel Young and Mr. John Schuster of Insurance Auto Auction are also in attendance this evening. Mr. Haggard reviewed the history of the application. Insurance Auto Auction applied for an Administrative Use Permit which was reviewed by staff and recommended for approval. An appeal was filed, and a hearing was held before the Hearing Examiner. Subsequently, the Hearing Examiner recommended approval of the application with some conditions. Mr. Haggard reminded the Council that in order to reverse the Hearing Examiner's decision, the City Council must make findings that the Hearing Examiner was in error or the facts do not support the conclusions, and the conclusions are not consistent with law. Mr. Haggard presented a drawing of the Insurance Auto Auction property and facilities. Mr. Haggard assured there are existing oil water filters on site. He noted additional staff and Hearing Examiner conditions in the recommendation for approval. Mr. Haggard also pointed out that two other appellants withdrew their appeals after meeting with the applicant and reaching agreement on additional conditions. Mr. Haggard directed Council's attention to Finding 15 made by the Hearing Examiner based on the testimony from staff and the City's traffic engineer affirmed the use of 29th and "D" Street SE. Mr. Haggard offered an additional condition on the permit to require Insurance Auto Auction's primary towing company, Lincoln Towing, to access only from "A" Street. Other carriers, customers and employees would access from "D" Street. Mr. Haggard described the type of fencing and screening which will be constructed on Insurance Auto Auction. In the vicinity of Ms. Meloy's residence at 401 37th Street SE and other areas of the property, a four foot berm with a six foot fence will be constructed. The fence will include screening and vegetation. Page 6 City of Auburn Council Meeting Minutes November 18, 1996 Mr. Haggard pointed out that the existing operation can continue without the Administrative Use Permit. Without the Administrative Use Permit, Insurance Auto Auction will continue to transport auction vehicles from off-site, continue customer parking at an adjacent church, and continue to use "D" Street SE. Mr. Haggard contended that the appellants have not met the burden of proof to reject the Hearing Examiner's decision. Mr. Haggard requested the City Council reject the appeal. Garth Young, 30619 124th Avenue SE, Auburn, WA Mr. Young spoke on behalf of Insurance Auto Auction and addressed Councilmember Cerino's questions regarding screening. Mr. Young explained that the existing Insurance Auto Auction property has opaque fencing. The area planned for expansion will be screened at the time of construction and improvement of the property. Mr. Young stated Insurance Auto Auction has committed to installing opaquing materials in all areas adjacent to the mobile home park and clarified that the fence in question will be eight feet in height. Paul Reckamp, 3008 "C" Street SE, Auburn, WA Mr. Reckamp indicated he does not oppose the expansion of Insurance Auto Auction, but wants assurance the conditions of the permit are met. He expressed concern with oil, gas, antifreeze, and broken glass spilling from the wrecked vehicles when being transported on public streets. Mr. Reckamp explained he lives in an unincorporated area of King County which does not have a sewer drainage system. He reminded the City Council that a decision regarding the application of Insurance Auto Auction will affect his neighborhood which is an island of unincorporated King County. Mr. Reckamp expressed concern with some of the applicant's carriers using 31st Street. He spoke in favor of requiring the "A" Street entrance as part of the permit. Councilmember Singer asked what percentage of the Insurance Auto Auction traffic can be attributed to the primary towing company, Lincoln Towing. Mr. Garth Young indicated approximately 80% of the traffic accessing the Page 7 City of Auburn Council Meeting Minutes November 18. 1996 propeFty is from Lincoln Towing. The remaining tow truck activity is hired by customers. Steve Allen Mr. Allen expressed concern with customer traffic and asked the City to control the customer traffic. He suggested the City require that all traffic access Insurance Auto Auction from "A" Street SE. Garth Young Mr. Young spoke on behalf of Insurance Auto Auction and addressed questions raised by the City Council. He explained that all traffic accessing Insurance Auto Auction cannot be diverted to "A" Street SE because of security and safety reasons. The "A" Street entrance will be accessed by their primary carrier, Lincoln Towing, using a radio controlled gate and a posted guard. Other carriers will be required to access through the "D" Street entrance where they can be monitored by the office staff. Mr. Young also explained that if the Administrative Use Permit to expand the facility is approved, all buyer and receiving parking will be confined within the gates of Insurance Auto Auction. The customer parking at an adjacent church will no longer be needed. Mr. Young indicated the customer parking area on the drawing as the area now used for vehicle receiving, pick up, and parking. Councilmember Poe indicated he would support traffic restrictions in the adjacent neighborhoods if they were within city limits. Councilmember Poe asked if the adjacent church was given a street delay agreement when the church was constructed. Assistant Planning Director Rued was unsure of whether a street delay agreement was given to the church. He advised that the church dedicated the right-of- way for the street. Councilmember Poe expressed the difficulty in considering a request from a property owner within the city which abuts an island of unincorporated King County. Garth Young In response to a question from Councilmember Cerino, Mr. Young explained that "D" Street does not extend through Page 8 City of Auburn Council Meeting Minutes November 18, 1996 Insurance Auto Auction's property at this time. If "D" Street is improved and extended in the future, two additional gates will be installed and radio controlled. Steve Allen Mr. Allen suggested that all traffic access from "A" Street SE, and to alleviate security and control concerns, Insurance Auto Auction construct another fence within their property to provide security. Councilmember Poe asked whether the City had any traffic count records of when the Rohr Company occupied the property now occupied by Insurance Auto Auction. Assistant Planning Director Rued advised that staff concluded that the Rohr Company generated more traffic than the existing facility. The original Administrative Use Permit granted to Insurance Auto Auction in 1993 did not require traffic mitigation because the use was less intense than the Rohr Company plant. Garth Young Mr. Young indicated a willingness to work with neighbors to alleviate their concerns and accommodate their requests. He objected to Mr. Allen's suggestion to construct another fence within their facility. Steve Allen Mr. Allen described the traffic generated by the Rohr Company as less intense as the type of traffic generated by Insurance Auto Auction. Motion by Councilmember Singer, second by Councilmember Borden to close the hearing. MOTION CARRIED UNANIMOUSLY. 7-9. Motion by Councilmember Borden to deny the Administrative Use Permit and ask the City Attorney and staff to prepare Findings of Fact and the necessary ordinance for consideration at the next City Council meeting with the following findings: Page 9 City of Auburn Council Meeting Minutes November 18, 1996 (1) The record establishes that the present use interferes with the health, safety, and comfort of persons living in the area. Expansion will mean more of the same-increased traffic, increased noise, increased spillage of oil, gas, and anti-freeze on local streets. Some of the streets are without storm water treatment facilities. (2) The proposal is not in compliance with the Comprehensive Plan which says that commercial traffic should not be routed through residential neighborhoods. The current streets being proposed for routes are inadequate for this type and amount of traffic. (3) The proposal is not in harmony of design, character, and appearance of the surrounding area. The landscaping will-not help the view which will be acres and acres of parking lot and wrecked cars. Motion was seconded by Councilmember Wagner. Councilmember Wagner offered the following additional finding to be included as part of the motion: (4) The particular operation is in close proximity to two of the City wells, Wells 3 and 3B, and locates itself over the City's precious water aquifer. The storm water quality will be important to maintaining the quality of the City's drinking water. Councilmember Borden accepted Councilmember Wagner's additional finding as part of the motion. Councilmember Poe asked the basis for the findings of fact. Assistant Planning Director Rued explained that an Administrative Use Permit is approved by the Planning Director based upon a series of five findings of fact that are contained within the Zoning Ordinance. Whenever an Page 10 City of Auburn Council Meeting Minutes November 18, 1996 Administrative Use Permit is appealed, the permit then essentially becomes a Conditional Use Permit with the Hearing Examiner hearing the appeal and making a recommendation to the City Council. The City Council then uses the staff recommendation, the Hearing Examiner's decision and recommendation, and all testimony to make a decision. The decision must address the five findings of fact in the Zoning Ordinance and establish rationale for each of the findings. City Attorney Reynolds responded to a question from Councilmember Cerino with regard to the findings of fact. The findings of fact are necessary for the City Council to rationalize its decision. The motion before the City Council now is to reverse the Hearing Examiner's decision. The City Council can also modify the Hearing Examiner's decision. The City Council must make findings on the record sufficient to reverse the Hearing Examiners decision. Councilmember Singer indicated that the proposal by Insurance Auto Auction to remove approximately 80% of its traffic from the residential neighborhoods to "A" Street SE eases her environmental concerns and appears to alleviate the concerns expressed in the findings listed by Councilmember Borden. Councilmember Singer expressed satisfaction with the compromises offered by Insurance Auto Auction. Councilmember Cerino expressed concern with rejecting the Hearing Examiner's decision and recommendation entirely and allowing the existing operation to continue without the conditions and controls that would be part of the proposed permit. In response to a question from Councilmember Poe, Assistant Planning Director Lynn Rued reviewed the background of the existing Insurance Auto Auction Administrative Use Permit. In 1993, Insurance Auto Auction applied for an Administrative Use Permit. Since the ' applicant was not building any new buildings or additional paving, they were not subject to environmental review. They indicated at that time they were considering expansion of the Page 11 City of Auburn Council Meeting Minutes November 18, 1996 facility, and they were advised they would be required to apply for another permit when they decided to proceed with expansion plans. There were no appeals filed regarding the 1993 Administrative Use Permit. Councilmember Borden expressed her opposition to the status quo and expressed hope that staff will work with the property owner to comply with the existing permit. She asked the City Council to note that many of the Hearing Examiner's findings are based on promises by a land owner that has not been a good neighbor in the past. She also noted petitions contained in the record from residents of the area who indicate the proposal will affect their health, safety and welfare. Councilmember Wagner expressed concern that the applicant has not addressed the problem of spilled parts, glass, and automotive fluids on the public right-of-way. Councilmember Poe noted that it appears to him that the area residents do not entirely oppose the business, and the issue has become out of balance. MOTION CARRIED. 4-3. Councilmembers Cerino, Poe, and Singer voted no. City Attorney Reynolds explained that as a result of the motion, the City Council has directed staff to prepare an ordinance with findings and conclusions to reject the Hearing Examiner's decision and recommendation and deny the Administrative Use Permit for Insurance Auto Auction. B. Audience Participation 1. Mike Morrisette, 4702 Mill Pond Drive SE, Auburn, WA Mr. Morrisette made comments on behalf of the Auburn Area Chamber of Commerce. He noted that the City Council's agenda this evening includes a request to prepare an annexation petition to annex a 12-acre parcel and referred to as the Stewart annexation. Mr. Morrisette also noted the annexation would accommodate the construction of a privately operated Immigration and Naturalization Services Page 12 Ci_ty of Auburn Council Meeting Minutes November 18, 1996 detention center. He advised the Chamber of Commerce is interested in the project, and requested that the City Council ' provide additional time before considering the matter to allow the Chamber to review the project. Mayor Booth commented that the annexation petition and any land use permit required by the project are considered separate issues. 2. _Bob West. 332 1st Street NE, Auburn, WA Mr. West spoke regarding the proposed Stewart annexation included on the Council agenda this evening as Item VI.A. He spoke on behalf of the property owner, Dr. and Mrs. Stewart, as well as the prospective purchaser of the Stewart property, Correctional Services Corporation. He advised that neither he nor his clients have had the opportunity to review Committee minutes and staff reports with regard to the annexation request. He requested that the City Council either continue the annexation request or refer the matter back to Committee for additional information. 3. Gloria Olson, 31008 - 149th Avenue, Kent, WA Ms. Olson advised that she resides in unincorporated Kent and her children attend Auburn schools. Ms. OIson asked for an explanation for not continuing the moratorium on adult entertainment. Mayor Booth explained that based on recent court decisions, the City's current ordinance may not provide the legally required access for adult entertainment businesses within the city~ The intent of the City is to recognize the mandates of law and to establish controls and regulations. The purpose of the moratorium was to allow the opportunity to review the City's existing ordinance and develop new regulations for consideration. 4. Nancy Colson, 1543 27th Street NE, Auburn, WA Ms. Colson spoke as a citizen of Auburn and as the Chair of the Library Board of Trustees. She urged the City Council to adopt Ordinance No. 4928. She conveyed the Library Board of Trustees approval of the City's intent to join and annex to the King County Library District. She also indicated the Board's satisfaction with the Interlocal Agreement with King County for Library Services. She thanked Library Director Andy Waters, Librarian Anita Sheneberger, Finance Director Page 13 City of Auburn Council Meeting Minutes November 18. 1996 Supler, Personnel Director Kennedy, and past Parks and Recreation Director Len Chapman, and Acting Parks and Recreation Director Dick Deal for their participation and interest. Mayor Booth thanked Ms. Colson for her efforts and dedication. C. Correspondence 1. Letter received by the City of Auburn on November 15, 1996 from Lucille Trotter addressed to Mayor Booth regarding the planned expansion of the Insurance Auto Auction Proposal, SEP0009-95. Ill. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Brothers reported the Municipal Services Committee did not meet this afternoon as regularly scheduled. The next regular meeting of the Municipal Services Committee is scheduled for Monday, December 2, 1996 at 4:30 p.m. B. Planning & Community Development Chair Borden reported the Planning and Community Development Committee met November 12, 1996. The Committee discussed Ordinance No. 4922, the legislative agenda, annexation of the Stewart property, zoning ordinances for adult uses, comprehensive plan amendments, liquor licenses, retroactive public hearings for water and sewer certificates, and a library interlocal agreement. She requested the City Council's support of Planning and Community Development Committee items as they appear later on this evening's agenda. Chair Borden indicated she plans to move to continue the Stewart annexation to the next Council meeting. The next regular meeting of the Planning and Community Development Committee meeting is scheduled for Monday, November 25, 1996 at 7:30 p.m. C. Public Works Chair Wagner reported the Public Works Committee met November 12, 1996 and discussed right-of-way agreements for communication lines, contract administration items, the Muckleshoot Indian Tribe sewer agreement, long-term potential for selling water to Lakehaven, and issues related to the Goedecke Page 14 City of Auburn Council Meeting Minutes November 18, 1996 and Thorrood properties. The next regular meeting of the Public Works Committee is scheduled for November 25, 1996 at 5:30 p.m. D. Finance The Finance Committee met this evening at 6:30 p.m. The Finance Committee discussed and recommends Council approval of Ordinance No. 4929, Ordinance No. 4930, and claims and payroll vouchers. The Committee also discussed the 1997 Budget and revenue bonds. The next regular meeting of the Finance Committee is scheduled for Monday, December 2, 1996 at 6:30 p.m. IV. CONSENT AGENDA A. Minutes 1. Minutes of the November 4, 1996 regular City Council meeting. B.Vouchers F4.9.2, F4.9.5 1. Claims Claims check numbers 117011 through 117331 in the amount of $1,070,461.56 for Period 11 and dated November 18, 1996. 2. Payroll Payroll check numbers 234971 to 235284 in the amount of $722,033.91 and Direct Payroll Deposit transmissions in the amount of $217,219.26 for a grand total of $939,253.17 for the pay period covering November 1, 1996 to November 11, 1996 are approved for payment this 18th day of November, 1996. C. Call for Public Hearing 1. Local Improvement District No. 346 F2.4.9 LID 346, O4.12.1 PR 513 City Council to call for a public hearing to be held on Monday, December 16, 1996 on the final assessment roll for Local Improvement District No. 346. Page15 City of Auburn Council Meeting Minutes November 18, 1996 2.1997 Budget F3.11 City Council to call for public hearing to be held on Monday, December 2, 1996 for consideration of the City Of Auburn 1997 Final Budget. 3. Comprehensive Plan Amendments 03.4.3 City Council to call for a public hearing to be held on Monday, December 2, 1996 for consideration of proposed amendments to the Comprehensive Plan. D. Utility Bill Adjustment F4.5.2 1. Storm Drainage Utility Adjustment Recommend approval of storm drainage utility adjustment to the following accounts in the total amount of $61,509.68: Account 03-19-109000 Account 03-19-150000 Account 05-03-576000 Account 03-99-002100 E. Contract Administration 1.Public Works Project No. 596 O4.8.1 PR 596 Recommend City Council award Public Works Contract Number 96-18, 37th & "B" Street NW Storm Drainage Improvements, PR 596, to Pivetta Brothers Construction on their low bid of $76,962.00 plus Washington State sales tax. 2. Public Works Project No. 560 04.6.3 PR 560 Request City Council permission to advertise an invitation to bid for Public Works Project No. 560, Muckleshoot Sewer System Flow Control. Motion by Councilmember Barber, second by Councilmember Brothers to approve Consent Agenda Items IV.A through IV.E as modified. Page 16 City of Auburn Council Meeting Minutes November 18, 1996 MOTION CARRIED UNANIMOUSLY. 7-0. Mayor Booth recessed the meeting at 9:30 p.m. for a brief intermission. Mayor Booth reconvened the meeting at 9:45 p.m. V. UNFINISHED BUSINESS There were no items for City Council review under this section. VI. NEW BUSINESS A. Application No. ZOA0003-96 O3.4.2.1.2, O3.10.14, A3.5.5.5, A3.5.5.18 City Council to consider amendments to Chapters 18.04, 18.30, 18.32, 18.34 and 18.74 of the Zoning Code and a new Chapter 5.30, of the Administrative Code, regarding adult uses. Assistant Planning Director Rued explained that the City's current Zoning Code regulates the location of adult uses. The moratorium on adult uses was enacted nearly a year ago to allow time to review the existing Zoning Code regulations. The existing Zoning Code requires that no adult use shall be located within a mile of any public or private school thereby restricting adult uses to very limited areas. Staff believe that if the Zoning Code was challenged, the City would not prevail in a court decision. Staff is recommending regulations similar to other jurisdictions whose ordinances have met the test. The proposed regulations require that no adult use shall be located within 1,000 feet from residential areas, schools, parks, churches, daycares and requires a 1,000 foot dispersion from other adult uses. Staff is recommending an additional ordinance to regulate the operation of adult uses. Councilmember Poe asked how much acreage would be available for the location of adult uses if the M-1 and M-2 zones are not included. Assistant Planning Director Rued displayed a map with areas indicated for adult uses. Approximately 90 percent of the area indicated for adult uses is zoned M-1 or M-2. To exclude the M-1 and M-2 zones would jeopardize the legality of the ordinance. Motion by Councilmember Borden, second by Councilmember Barber to consider amendments to the Zoning Code and a new chapter of the Administrative Code regarding adult uses. Page17 City of Auburn Council Meeting Minutes November 18. 1996 MOTION CARRIED UNANIMOUSLY. 7-0. See Items VII.A. 1, VII.A.2, VII.A.3 and VII.A.4 of these minutes for additional action on adult uses. B. Stewart Annexation O3.1 ANX0001-96 City Council to consider a request to prepare an annexation petition to annex a 12~acre parcel of land located north of the existing city limits, south of South 285th Street and east of the West Valley Highway. Motion by Councilmember Barber, second by Councilmember Borden to continue the consideration of the request to prepare an annexation petition for the Stewart property until the next Council meeting in order to allow more time to receive additional information on the proposed annexation. Councilmember Poe requested information related to Growth Management agreements with King County which may affect the annexation and information on proposed zoning for the area. MOTION CARRIED UNANIMOUSLY. 7-0. VII. ORDINANCES AND RESOLUTIONS A. Ordinances 1. Ordinance No. 4885 O3.4.2.1.2, O3.10.14, A3.5.5.18 An Ordinance of the City Council of the City of Auburn, King County, Washington, amending Chapter 18.04, Definitions, to provide for a definition of "Adult Entertainment" to amend Section 18.04.024 Definition of Adult Entertainment Establishment, to amend Section 18.04.032, Adult Uses, to add a definition for panoram or peep show. Motion by Councilmember Borden, second by Councilmember Singer to introduce and adopt Ordinance No. 4885. Page 18 City of Auburn Council Meeting Minutes November 18, 1996 MOTION CARRIED UNANIMOUSLY. 7-0. 2. Ordinance No. 4886 O3.4.2.1.2, O3.10.14, A3.5.5.18 An Ordinance of the City Council of the City of Auburn, King County, Washington, repealing Chapter 18.74, Adult Uses, and reenacting a new chapter, Chapter 18.74, Adult Uses, , which incorporates the previous provisions of adult uses and in addition prohibits adult uses within one thousand feet of any other legal conforming residential use, amends the prohibited area from one mile to one thousand feet, adds a prohibited area within one thousand feet of a day care facility and within one thousand feet of any other adult use. Motion by Councilmember Borden, second by Councilmember Singer to introduce and adopt Ordinance No. 4886. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Ordinance No. 4887 O3.4.2.1,2, O3.10.14, A3.5.5.5, O1.7 An Ordinance of the City Council of the City of Auburn, King County, Washington, establishing a new Chapter 5.30 entitled Adult Entertainment Establishments, setting forth findings, definitions, licensing requirements, prohibitions for licenses to certain classes, license application procedure, licensing fees, license terms, license suspension, appeals, standards of conduct and operation, liquor regulations, declaring a nuisance and setting forth additional enforcement remedies. Motion by Councilmember Borden, second by Councilmember Wagner to introduce and adopt Ordinance No. 4887. Councilmember Poe moved to amend Ordinance No. 4887 to change all references to 18 inches in stage height to 24 inches and change all references to 8 feet separation to 10 feet. Motion was seconded by Councilmember Singer. Page 19 City of Auburn Council Meeting Minutes November 18, 1996 City Attorney Reynolds advised that the changes in the ordinance would not be problematic. The City of Kent ordinance which includes a 10-foot separation requirement was recently upheld. In response to an inquiry from Councilmember Brothers, City Attorney Reynolds clarified that the 10-foot separation between performer and patron and the 20-inch stage height requirement applies to all performance areas within the establishment, Councilmember Brothers expressed concern for performers falling from the stage. City Attorney Reynolds advised the proprietor would be responsible for any injuries resulting from a fall from a stage MOTION TO AMEND ORDINANCE NO. 4887 CARRIED UNANIMOUSLY. 7-0. MOTION TO ADOPT ORDINANCE NO. 4887 AS AMENDED CARRIED UNANIMOUSLY. 7-0. 4. Ordinance No. 4910 O3.4.2.1.2, O3.10.14, A3.5.5.18 An Ordinance of the City Council of the City of Auburn, King County, Washington, amending Chapters 18.30 entitled "C-3 Heavy Commercial District," 18.32 entitled "M-1 Light Industrial District," and 18.34 entitled "M-2 Heavy Industrial District" to add adult uses to those uses requiring a conditional use permit. Motion by Councilmember Borden, second by Councilmember Singer to introduce and adopt Ordinance No. 4910. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Ordinance No. 4922 F4.6.3 An Ordinance of the City of Auburn, Washington, authorizing the Mayor and City Clerk to accept donations and approving the expenditure and appropriation of such donations to be Page 20 City of Auburn Council Meeting Minutes November 18, 1996 used by the Auburn Parks and Recreation Department for programs and services in 1996. Motion by Councilmember Borden, second by Councilmember Singer to introduce and adopt Ordinance No. 4922. MOTION CARRIED UNANIMOUSLY. 7-0. 6. Ordinance No. 4926 03.8 REZ0004-96 An Ordinance of the City of Auburn, Washington, providing for the rezoning of property located at the northeast corner of "A" Street SW and 1st Street SW, within the City of Auburn, Washington, changing the zoning classification thereof from C-3 (Heavy Commercial) to C-2 (Central Business District). Motion by Councilmember Borden, second by Councilmember Wagner to introduce and adopt Ordinance No. 4926. MOTION CARRIED UNANIMOUSLY. 7-0. 7. Ordinance No. 4928 A1.3, 04.4.5, A3.10.9 An Ordinance of the City of Auburn, Washington, declaring the intent of the City to join and be annexed by the King County Library District, requesting the concurrence of the City's Library Board of Trustees, and requesting the County Council to call a special election in the City and the District for February 4, 1997 for the purpose of submitting the annexation to the voters. Motion by Councilmember Borden, second by Councilmember Singer to introduce and adopt Ordinance No. 4928. Councilmember Brothers expressed his opposition to Ordinance No. 4828 explaining he is a supporter of the Auburn Library, but believes the annexation to the King Page 21 City of Auburn Council Meeting Minutes November 18, 1996 County Library District is not in the best interest of the citizens of Auburn. Councilmember Barber extended her thanks to the members of the Library Board of Trustees and City staff for their efforts on the library proposal. MOTION CARRIED. 6-1. Councilmember Brothers voted I10, 8. Ordinance No. 4929 F6.6.3 An Ordinance of the City Council of the City of Auburn, Washington, determining and fixing the amount to be raised by ad valorem taxes for the fiscal year 1997 for the City of Auburn, Washington, pursuant to the provisions of R.C.W. 35A.33.135. Motion by Councilmember Barber, second by Councilmember Poe to introduce and adopt Ordinance No. 4929. MOTION CARRIED UNANIMOUSLY. 7-0. 9. Ordinance No. 4930 F5.4.1 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the acceptance of grant funds from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice in the amount of Forty Thousand Seven Hundred ninety-seven dollars for the purpose of Local Law Enforcement Block Grants Program to reduce crime and improve public safety as described in the statute; approval of local matching funds; and create a Trust Fund. Motion by Councilmember Barber, second by Councilmember Poe to introduce and adopt Ordinance No. 4930. MOTION CARRIED UNANIMOUSLY. 7-0. Page 22 City of Auburn Council Meeting Minutes November 18, 1996 B. Resolutions 1. Resolution No. 2780 A3.4 A Resolution of the City Council of the City of Auburn, Washington, adopting the 1997 Legislative Agenda and requesting the Mayor of the City of Auburn to transmit said Agenda to members of the Washington State Legislature. Motion by Councilmember Borden, second by Councilmember Wagner to adopt Resolution No. 2780. MOTION CARRIED UNANIMOUSLY. 7-0. 2.Resolution No. 2782 A3.14, O4.11, O4.6.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a new Franchise Agreement between the City of Auburn and King County to construct, operate and maintain a water system in Council Districts 7, 9 and 13, until year 2021, and a short term franchise to construct, operate and maintain a sewer system in Council Districts 7, 9 and 13 until Mar~h, 1998. Motion by Councilmember Wagner, second by Councilmember Borden to adopt Resolution No. 2782. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Resolution No. 2784 A1.3, 04.4.5 A Resolution of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn, to execute an Interlocal Agreement for Library Services in Auburn between the City and the King County Rural Library District. ~ Oi,~ following addition to the text' ~xhi,bi~l~e~i~le 6 to read ~ in part: "The City of Auburn will pa/'Y"~'~ir fair share of major ' ~ capital repairs to operate the existing facility." Page 23 City of Auburn Council Meeting Minutes November 18. 1996 Councilmember Borden explained the purpose of the amendment is to clarify that the City will be responsible for capital improvements to the existing facility and not for capital improvements to a new facility. MOTION CARRIED. 6-1. Councilmember Brothers voted rio. At the request of Mayor Booth and City Councilmembers, Acting Parks and Recreation Director Deal briefly reviewed the Interlocal Agreement for Library Services article by article. Article 2 addresses the scheduling of the project and the City's involvement in the pre-design. Article 3 calls for the City to provide the land for the new library and provide a lease to the District. Article 4 requires the City to contribute up to $4 million for the new facil'ity and contribute the library equipment, furnishings, and equipment as of December 31, 1997, and requires the District to contribute a minimum of $250,000 for the design and construction of the new facility. Article 5 addresses the development of a minimum 15,000. square foot resource-level facility by the District expandable up to 22,500 square feet. Article 6 requires the District to fund all operations and maintenance of the library effective January 1, 1998. The City will pay their fair share of major capital repairs to operate the existing facility, and upon completion of the new library will retain ownership of the existing library building. Article 7 provides that effective January 1, 1998 the City will no longer be responsible for management of a library, and Auburn Library staff will be absorbed into the District. Article 8 addresses the type of collections the Library Board would like to see maintained and continued through the Auburn facility. Article 9 addresses the possible continuation of the Library Board after annexation to the King County Library District and its involvement in library services provided to the residents of Auburn. Councilmember Poe questioned whether any provision was included in the Agreement regarding access from Auburn Way South. Mayor Booth indicated there are references to access from Auburn Way South in the report and the Resolution. Page 24 City of Auburn Council Meeting Minutes November 18, 1996 VIII. MAYOR'S REPORT A. Executive Session No Executive Session was held this evening. IX. ADJOURNMENT There being no further business to come before the City Council this evening, the meeting adjourned at 10:24 p.m. Approved on the ~;~4 ~---'day of ~ ,1996. s A. Booth, Mayor Robin Wohlhueter, City Clerk 96M11-18.DOC Page 25