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.
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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
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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.
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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.
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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
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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.
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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
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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
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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:
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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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
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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."
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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
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