HomeMy WebLinkAbout12-02-1996 Council Minutes CITY OF AUBURN
COUNCIL MEETING MINUTES
~ i~,,~.~,,~ .~"" December 2, 1996 7:30 p.m.
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I. CALL TO ORDER ~
A. Flag Salute
Mayor Booth called the meeting to order at 7:33 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
present: Sue Singer, Jeanne Barber, Trish Borden, Fred Poe,
Gene Cerino, and Stacey Brothers. Councilmember Rich Wagner
was excused from the meeting. Staff members in attendance
included: Police Chief Dave Purdy, Fire Chief Bob Johnson,
Personnel Director Brenda Kennedy, Acting Parks and Recreation
Director Dick Deal, Finance Director Diane L. Supler, Public Works
Director Frank Currie, Planning and Community Development
Director Paul Krauss, Assistant Planning Director Lynn Rued,
Senior Planner Bob Sokol, City Attorney Michael J. Reynolds, City
Clerk Robin Wohlhueter, and Deputy City Clerk Dani Daskam.
C. Announcements and Appointments
1. Announcements
a) Boy Scout Troop 323
Mayor Booth welcomed members of Boy Scout Troop
323 in attendance this evening. Mayor Booth
introduced Troop Leader Allen Crowtier, Assistant
Troop Leader Rick Morton, and scouts Isaac Dailey,
Matt Crowtier, Adam Morton, Chris Rich, and Casey
Goodnet.
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City of Auburn Council Meeting Minutes December 2, 1996
b) Miss Auburn Scholarship Program
A1.12
Sally Lynch, Co-executive Director of the Miss Auburn
Scholarship Program, to introduce Miss Auburn
Scholarship Program contestants.
Mayor Booth introduced Sally Lynch, Co-executive
Director of the Miss Auburn Scholarship Program.
Ms. Lynch explained that the Miss Auburn
Scholarship Program emphasizes community service
and participation in community events, and she
thanked the City Council for the opportunity for the
candidates to attend a City Council meeting. She
also thanked the Auburn community for its support of
the Miss Auburn Scholarship Program which is the
largest local Miss America franchised pageant in the
state of Washington in scholarships and participants.
She expressed special recognition to the Auburn
Noon Lions Club as sponsor of the Program and the
Hapsmith Company/Supermall of the Great Northwest
who has contributed a two-year scholarship to Green
River Community College to the past five pageants.
This year the Program will award over $12,000 in
academic scholarships on at its January 25, 1997
pageant. Ms. Lynch then introduced the following
1997 Miss Auburn contestants in attendance this
evening: Demetrea Anderson sponsored by the
Auburn North Merchants, Rebecca Hill sponsored by
The Print Shop, Courtney Woodard sponsored by
Don Small & Sons, Stephanie Butcher sponsored by
Poe Construction, Aimee Wisener sponsored by US
Bank, Jessica Maldinado sponsored by Scarff Ford,
Kerrie Holtz sponsored by Nelsons Jewelry, Rachel
Eckloff sponsored by Cascade Community Bank,
Kathleen Arndt sponsored by US Engine, Mindy
Lobdell sponsored by Homes by Judi, Sondra Smith
sponsored by VIP Janitorial, Marcy Dehnert
sponsored by Thoroughbred Autobody, Jennifer
Wyant sponsored by the Auburn Eagles, Colleen
Guinn sponsored by the Auburn Noon Lions, and
Jennifer Scott sponsored by Leisure Manor Styling
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City of Auburn Council Meeting Minutes December 2, 1996
Salon. Ms. Lynch also recognized the following
contestants not in attendance this evening: Amy
Crawford sponsored by Key Bank, Jamie James
sponsored by Rio Verde Styling Salon, Trisha Stevely
sponsored by Valley Pontiac, and Stephanie
Dennison sponsored by the Valley Kiwanis Club.
2. Appointments
There were no appointments for City Council consideration
this evening.
D. Agenda Modifications
Agenda modifications include additional correspondence
transmitted under Item 11.C.3 of these minutes, the addition of a
request from the Police Department to surplus found and
unclaimed bicycles transmitted under Item IV.C.3 of these minutes,
the addition of a request to call for a public hearing to be held
December 16, 1996 on the Local Law Enforcement Block Grant
transmitted under Item IV.D.2 of these minutes, the removal of
Ordinance No. 4927 from this evening's agenda identified under
Item VII.A.1 of these minutes, and a change in the purpose for
holding an executive session this evening identified under Item
VIII.A of these minutes.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. 1997 Budget
F3.11
This public hearing is an opportunity for the City Council to
receive comments, proposals, and suggestions from the
general public for consideration of the City of Auburn 1997
Final Budget.
Mayor Booth opened the public hearing. No one from the
audience requested to speak regarding the 1997 Budget.
Motion by Councilmember Barber, second by
Councilmember Cerino to close the public hearing.
MOTION CARRIED UNANIMOUSLY. 6-0.
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City of Auburn Council Meeting Minutes December 2, 1996
2. Comprehensive Plan Amendments
03.4.3
This public hearing is an opportunity for public input prior to
consideration of 1996 Comprehensive Plan Amendments
which address the following:
· City's urban growth area (potential annexation area)
within Pierce County. The proposal removes a small
area from the City's UGA to resolve overlaps with the
Cities of Sumner and Pacific;
· Enlarge the Drive-in Special Plan Area to include all
property to the east of Auburn Way North and west of the
Green River and south of 277th Street and north of
approximately 37th Street NE. The area will be renamed
the Northeast Auburn Special Plan Area;
· Addition to the area covered by the City of Auburn
Comprehensive Water Plan to include the City's Pierce
County Urban Growth Area.
Mayor Booth opened the public hearing. Senior Planner
Bob Sokol presented the staff report. He explained that the
1996 proposed amendments to the Comprehensive Plan
address the City's urban growth area within Pierce County,
enlarges the Drive-in Special Plan Area, and adds the City's
Pierce County Urban Growth Area to the area covered by
the Auburn Comprehensive Water Plan. He pointed out that
the proposed amendments do not include any changes to
Policy LU-74 regarding land near the SuperMall. The
Hapsmith Company is expected to propose amendments to
Policy LU-74 which they feel more closely reflects Councii's
intent at the time of the SuperMall rezone as opposed to the
wording of the existing policy. Mr. Sokol advised there is
currently a development under review by the Hearing
Examiner that is affected by Policy LU-74. The development
application is vested under the existing language of .the
policy. He further advised that City Council discussion this
evening should concentrate on the policy aspect of LU-74,
and Council should not consider the evaluation of any
specific development. Mr. Sokol added that the Hapsmith
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City of Auburn Council Meeting Minutes December 2, '1996
Company withdrew its litigation against the City regarding
Policy LU-74.
Stanford Tabb, 1101 Supermall Way, Auburn, WA
Mr. Tabb indicated he represents the SuperMall and the
Hapsmith Company. Mr. Tabb recollected that during the
review of the SuperMall environmental impact statement and
the hearings for the SuperMall rezone, statements were
made regarding the discouragement of proliferation and
spin-off of commercial development. During that time, some
of the property around the SuperMall was zoned Business
Park, and the City Council requested the zoning be changed
to M-1. Mr. Tabb expressed his belief that the Business
Park designation could open the area to strip commercial
development. Mr. Tabb expressed concern that the
interpretation of Business Park could change with the
change of administration and planning department staff. He
believes the existing wording of LU-74 is not in the spirit of
the City Council's intent in 1993, and recalled that
discussions centered around the protection of downtown
Auburn and the desire to prevent strip malls. Mr. Tabb
noted the SuperMall has attracted people to downtown
businesses, and the downtown business activity has
increased due to the SuperMall.
John Keegan, Davis, Wright & Tremaine, 1501 Fourth, Suite
2600, Seattle, WA
Mr. Keegan explained that the law firm of Davis, Wright &
Tremaine represents the SuperMall. He presented the City
Council with a handout regarding Comprehensive Plan
policies and lands adjacent to the SuperMall for the record,
and referred to the handout throughout his comments. After
the SuperMall rezone in 1993, the representatives of the
SuperMall assumed that the land use designations for the
properties adjacent to the SuperMall would be light
industrial. Mr. Keegan admitted that the representatives of
the SuperMall were unaware of the 1995 Comprehensive
Plan amendments when Policy LU-74 was adopted.
Subsequently, the SuperMall appealed Policy LU-74 to the
Growth Management Hearings Board and later to King
County Superior Court. Mr. Keegan expressed concern that
the Policy LU-74 is too loose and does not accomplish the
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City of Auburn Council Meeting Minutes December 2, 1996
prohibition against strip commercial development which the
City promised in 1993. Mr. Keegan explained that page 2 of
his handout is a proposed amendment to LU-74 which
includes the additions and deletions from the current LU-74
language. The proposed amendment deletes reference to a
possible rezone to business park designation, adds a
definition for "land near the SuperMall" and includes further
provisions to limit the type of development. The third page
of Mr. Keegan's handout compares the Hapsmith Company
proposal to the Planning Department staff language for LU-
74. Mr. Keegan summarized his comments with three
points. The proposed amendments to LU-74 more clearly
capture the spirit and intent of the City Council's action in
1993. The proposed amendments to LU-74 will prevent the
type of strip development that could happen under existing
LU-74 language and prevent traffic congestion and other
problems associated with such malls as Southcenter and
SeaTac. An adjustment to existing LU-74 language is
needed in order to provide predictability in controlling
proliferation of nearby spin-off and strip commercial
development.
Councilmember Singer questioned the Hapsmith Company's
opposition to the Business Park designation. Mr. Keegan
explained that the SuperMall went through great effort and
expense to rezone its property to C-3. The Business Park
designation allows all of the same uses as C-3 and will allow
the most intense commercial development. It was the
Hapsmith Company's belief that with the SuperMall rezone
in 1993, the City removed the Business Park designation
from lands adjacent to the SuperMall. Mr. Keegan proposed
retaining a light industrial land use designation.
In response to a question from Councilmember Singer,
Planning and Community Director Krauss explained that the
Business Park zone is similar to a Planned Unit
Development. The Business Park zone allows a rezone for
a specific plan and specific uses. The Business Park could
allow C-3 uses. The City Council determines whether C-3
uses are allowed in a Business Park development as part of
a rezone action. Mr. Krauss envisioned using the Business
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City of Auburn Council Meeting Minutes December 2, 1996
Park designation as a contract rezone or planned
development district.
Allen Ferrin, 1017 Minor Avenue, #1001, Seattle, WA, 98104
Mr. Ferrin presented the City Council with written comments
dated December 2, 1996 which he read into the record. Mr.
Ferrin indicated he represents the South Seventh
Corporation which currently has a project under review
under Policy LU-74. Two years ago, Mr. Ferrin presented a
retail project for the site at 15th Street SW and "O" Street.
The project was subsequently rejected by staff. Since that
time, Mr. Ferrin has worked with City staff to design a project
which meets the City's goals for a non-strip, non-sprawl
development in accordance with the City of Auburn
Comprehensive Plan. Policy LU-74 allows for
complementary uses to those at the SuperMall.
Complementary uses such as lodging and food meet the
needs expressed by Chamber of Commerce
representatives, and are uses that can be successful
regardless of the success of the SuperMall.
Mr. Ferrin advised that City staff instructed him to apply for a
Business Park designation as a way of assuring a
coordinated and higher quality development. The Hapsmith
Company's proposed amendment to Policy LU-74 effectively
limits the policy to two vacant parcels and nearly creates
spot zones. The proposed amendment misunderstands the
rationale for the Business Park designation. The intent of
the Business Park designation is to assure higher quality
development, not more intense use. Mr. Ferrin also noted
that the proposed amendment would be contrary to the
mapping policies in Chapter 14 of the Comprehensive Plan
where Business Park is designated an appropriate
implementation of Light Industrial. Mr. Ferrin described how
Policy LU-74 limits the allowed uses. The operators of a
restaurant, now being constructed at the SuperMall site,
were initially interested in locating their business on the
South Seventh Corporation property adjacent to the
SuperMall. The restaurant operators needed a drive-up
window which is not allowed on the South Seventh
Corporation site. Mr. Ferrin suggested that it may be
impossible to develop the South Seventh property with
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City of Auburn Council Meeting Minutes December 2, 1996
traditional industrial uses and meet the traffic mitigation
requirements.
Mr. Ferrin explained that the Comprehignsive Plan map has
been amended. All of the parcels affected by LU-74 are
designated Light Industrial in the Plan and zoned M-1. LU-
74 greatly limits the potential uses from what would be
available as-of-right in the underlying M-1 zone.
Mr. Ferrin contended that the SuperMall is attempting to
derail the South Seventh Corporation project by first
changing the Comprehensive Plan and then challenging the
vesting of the project under the existing LU-74 policy. Mr.
Ferrin added that the existing policy does not need to be
amended.
Rich Hill, 2025 First Avenue, Suite 1130, Seattle, WA, 98121
Mr. Hill identified himself as the attorney representing the
South Seventh Corporation. For the record, he presented
the City Council with copies of his letter addressed to the
City Council and dated November 27, 1996. He reviewed
some of the items contained in the letter. On behalf of
South Seventh Corporation, he urged the City Council not to
amend LU-74. He requested that if Council determines LU-
74 should be amended, it be referred to staff and the
Planning Commission and subjected to full public review and
comment before City Council consideration. Mr. Rich
outlined the following reasons for not amending LU-74. LU-
74 is consistent with established City policy. The public
notice of the proposed amendment is inadequate. There are
serious appearance of fairness and due process concerns
about the presentation of the proposed amendment to LU-
74. The proposed amendment has received no review
under the State Environmental Policy Act. The Planning
Commission has not reviewed the substantive policy that
has been proposed to the City Council, and the proposed
amendment should not be acted upon by the City Council
until the Planning Commission has reviewed the substance
of the policy.
Mr. Hill noted that the provisions of the existing LU-74 are
the same provisions the City Council was concerned about
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City of Auburn Council Meeting Minutes December 2, 1996
in 1993. LU-74 addresses the concerns and provides
predictability for uses and discourages proliferation of spin-
off development. The Hapsmith Company's proposed
amendment asks the City Council to use the zoning power
to prohibit competition.
Mr. Hill explained that the Growth Management Act provides
that Comprehensive Plan changes be subject to a thorough
public review, and a thorough public review has not been
allowed for the proposed amendment to LU-74.
Mr. Hill advised there is a current quasi-judicial appeal filed
by the Hapsmith Company pending before the City of
Auburn Hearing Examiner, and the appeal will ultimately
come before the City Council. The appeal centers on LU-
74. Mr. Hill contended the City Council should not act on the
proposed amendment to LU-74 this evening, On behalf of
South Seventh Corporation, Mr. Hill urged the City Council
to delay acting on LU-74, and allow the existing quasi-
judicial process to complete its course.
Mr. Hill also noted that the proposed amendment has had no
SEPA review. Mr. Hill urged that no action be taken on LU-
74 until an environmental review has been conducted on the
proposed amendments.
Mr. Hill also requested the City Council delay action on the
proposed amendments since the Planning Commission has
not reviewed the Hapsmith Company proposal. At the
Planning Commission hearing on the Comprehensive Plan
amendments, the Planning Commission, on advice of
counsel, did not act on LU-74 because LU-74 was the
subject to two pending lawsuits and a pending quasi-judicial
appeal.
On behalf of South Seventh Corporation, Mr. Hill urged the
Council to not make any changes to LU-74 this evening.
In response to a question from Councilmember Brothers,
City Attorney Reynolds advised staff is not making a
comment on LU-74. The Hapsmith Company unilaterally
dismissed the litigation involving LU-74, and staff agreed not
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City of Auburn Council Meeting Minutes December 2, 1996
make a comment on the issue. LU-74 is not included in the
proposed 1996 Comprehensive Plan amendments.
Councilmember Borden questioned the disposition of the
Planning staffs proposal to the Hapsmith Company for
amendment to LU-74. Planning and Community
Development Director Krauss advised that after not being
able to reach agreement on the proposed amendment to
LU-74, City staff declined to submit it to the Planning
Commission. Although LU-74 was raised at the Planning
Commission hearing, the Planning Commission did not
make a recommendation on LU-74.
Robert Eng, United Parcel Service, 2000 Coal Canyon
Place, Suite 300, San Ramon, CA, 94583
Mr. Eng identified himself as the real estate manager for
Urfited Parcel Service (UPS) and for South Seventh
Corporation which is owned by UPS. In 1989, South
Seventh Corporation purchased a 15.2 acre site affected by
LU-74. The site lies directly across from the SuperMall on
15th Street SW. The property was purchased with the intent
to construct a UPS distribution center at the site.
Geotechnical studies were conducted and a preliminary
building layout was completed. When UPS became aware
of the plans for the SuperMall, UPS reanalyzed their plans to
determine the most sensible use of the property. UPS
decided to sell the property and look elsewhere to locate the
distribution center. The property is zoned light industrial.
When UPS purchased the property, the Comprehensive
Plan identified the property as appropriate for Business Park
development. When the SuperMall came in, the
Comprehensive Plan designation for the UPS property was
changed to light industrial. Mr. Eng advised that UPS was
not notified of the change. Mr. Eng indicated the
understanding that the UPS property can be developed as a
planned development in character with the SuperMall and
the neighborhood. The property is more suited to a planned
and controlled commercial development compatible with the
SuperMall rather than an industrial use. Mr. Eng urged the
City Council to reject the SuperMall's proposed amendment
which would further restrict the use of the UPS property and
only benefit the interests of the SuperMall.
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City of Auburn Council Meeting Minutes December 2, 1996
Tim Courier, SuperVaiu Incorporated, "D" Street, Tacoma,
WA
Mr. Courier advised that he received notice of this evening's
hearing on November 25, 1996. Mr. Courier expressed
concern with the brief time allowed to study the proposed
amendments to the Comprehensive Plan. He explained that
SuperValu Inc., previously known as West Coast Grocery,
has been operating at its 15th Street SW location for over 50
years. Mr. Courier expressed concern with a land use
designation for the SuperValu site which would limit future
options to redevelop the property. Mr. Courier requested the
City allow the maximum flexibility to enable SuperValu to
redevelop the property once the existing facility reaches
functional obsolescence. Mr. Courier requested that more
time and opportunity to comment on the proposed
Comprehensive Plan amendments be allowed before the
Council acts on the amendments.
Doug Engel, Dubuar Lirhus & Engel, 2200 Sixth Avenue,
Suite 1122, Seattle, WA
Mr. Engel identified himself as an attorney for the United
Parcel Service (UPS). Mr. Engel addressed some of the
specific language of the proposed amendment by the
Hapsmith Company. Mr. Engel pointed out the language
contained in the Hapsmith proposal this evening is
somewhat different from that presented to the Planning
Commission. Mr. Engel noted that the Hapsmith proposal
includes language "that development shall be limited to
office, or other non-retail uses." The result of the language
would be to prohibit competition across the street from the
SuperMall. Mr. Engel also expressed opposition to the
Hapsmith Company proposal to eliminate from LU-74 the
following language "(or a possible rezone to business park
designation)." Mr. Engel cautioned that although the
Hapsmith Company has proposed their amendment to
protect against strip mall development and commercial spin-
off, the proposed amendment is far more broad. Mr. Engel
indicated the current Policy LU-74 prohibits strip commercial
development, and the Hapsmith proposal is not fair to other
property owners. He pointed out that the UPS property is
not the only property which may be affected by an
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City of Auburn Council Meeting Minutes December 2, 1996
amendment to LU-74. Mr. Engel urged the City Council to
deny the request for an amendment to LU-74.
Lyle Kussman, 17425- 68th Avenue NE, Bothell, WA
Mr. Kussman indicated he represents an affected landowner
on West Valley Highway. Mr. Kussman requested that
additional time be allowed to review the proposed
amendments.
Peter B. Lewis, 4702 Mill Pond Drive SE, Auburn, WA,
98092
Mr. Lewis recalled City meetings in 1993 when decisions
were being made as to whether and how the SuperMall
would be developed in the city of Auburn. The idea of
keeping the M-1 zone and isolating the development to a
certain nature to prevent another "Southcenter" was
paramount. The SuperMall developer then took their plans
to their lenders and depended upon those plans-to do their
business. Mr. Lewis stated that to bring new businesses to
Auburn depends on predictability, accountability, and
stability. He indicated the type of businesses Auburn will be
able to attract will depend upon the City's predictability,
accountability, and dependability.
John Keegan
Mr. Keegan advised that in November, 1995, the Hapsmith
Company had indicated its dissatisfaction with LU-74 to the
City when the Hapsmith Company brought its challenge to
the Growth Management Hearings Board. While the issue
was pending before the Growth Management Hearings
Board, LU-74 was amended again without notice to the
Hapsmith Company. Mr. Keegan reported that he submitted
a proposed amendment to LU-74 to the Planning
Department. An agreement could not be reached between
Planning staff and the Hapsmith Company on a proposed
amendment to LU-74. The Hapsmith Company's proposed
amendment and the Planning staffs proposed amendment
to LU-74 were both presented to the Planning Commission.
Mr. Keegan suggested that the proposed 1998
Comprehensive Plan amendments not go forward without
first considering an amendment to LU-74.
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City of Auburn Council Meeting Minutes December 2, 1996
In response to a question from Councilmember Brothers,
Planning and Community Development Director Krauss
explained that the Growth Management Act provides that a
City can amend its Comprehensive Plan every twelve
months or once a year. The City has been on a schedule to
make annual amendments to the Comprehensive Plan in the
late fall of each year. If the proposed amendments are
required to be returned to the Planning Commission for a
new public review process, final action on the proposed
amendments would not be expected until February or
March, 1997. Subsequent amendments to the Plan could
occur no sooner than twelve months from that time.
City Attorney Reynolds added that the proposed
amendments to LU-74 cannot be acted upon by the City
Council since the Planning Commission has not taken action
on the proposed amendments. He explained that the
amendments were presented to the Planning Commission,
but it was recommended that if the litigation could not be
settled between Hapsmith and the City, it be treated as an
adversary issue. At the same time, there was a proposal
pending under the LU-74 policy. Under the circumstances,
the Planning Commission was requested to not take action
on the proposed amendments to LU-74. If the City Council
decides to consider amendments to LU-74, the amendments
must go back to the Planning Commission for the proper
public review process.
Rich Hill
Mr. Hill reminded the City Council that his client currently
has a project proposed for property adjacent to the
SuperMall. The project is in the middle of a quasi-judicial
process and will ultimately come to the City Council for a
rezone. Mr. Hill added the City Council will have the
opportunity in the context of a rezone to address the merits
of the project. He suggested the larger issue of LU~74 can
be delayed and made a part of the proposed 1997
Comprehensive Plan amendments.
Councilmember Barber asked whether the project referred to
by Mr. Hill will be grandfathered under LU-74. City Attorney
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City of Auburn Council Meeting Minutes December 2, 1996
Reynolds advised that the proposal will be vested under the
current policy.
Councilmember Brothers questioned the urgency in acting
on proposed amendments to LU-74. Planning and
Community Development Director Krauss explained the
Hapsmith Company feels an urgency to consider
amendments to LU-74 in advance of any other rezone
proposals on adjoining properties. In light of the City
Attorney's position that the existing proposal is vested under
the existing policy, any action by the City Council on LU-74
is irrelevant to that proposal. Mr. Krauss advised that he is
unaware of any new proposals that may come forward for
properties adjacent to the SuperMall.
Councilmember Barber asked Mr. Keegan if he agreed the
South Seventh Corporation project is vested under the
current LU-74 policy. Mr. Keegan responded that he could
.not respond since he has not researched the issue. Mr.
Keegan requested the City Council consider the proposed
amendments to LU-74 as soon as possible rather than as
part of a new package of proposed amendments in 1997.
Allen Ferrin
Mr. Ferrin commented that the issue of vesting can be a
gray area. He also pointed out that there is limited area
affected by LU-74, and he recommended the City Council
allow the current project run its course as a test of the policy.
In response to a question from Councilmember Cerino,
Planning and Community Development Director Krauss
advised the City Council has the ability to determine whether
a rezone application meets the appropriate criteria. If a
development comes forward under the existing industrial
zoning, the proposal would go forward without Council
review.
Stanford Tabb
Mr. Tabb suggested that staff may need to review the law
and the realistic potential uses in the area. He noted that
the Boeing Company leased one of its vacant administrative
buildings on 15th Street SW to Key Bank, and suggested the
Page 14
City of Auburn Council Meeting Minutes December 2, 1996
possibility the Boeing Company could lease some of their
other buildings for other uses.
Jesus Molinett, Landmark Inc., 1130 140th NE, Bellevue,
WA, 98005
Mr. Molinett identified himself as a principal planner with
Landmark, Inc., a planning, engineering, and surveying firm.
Mr. Molinett requested the Council's support of the proposed
1996 Comprehensive Plan amendments. On behalf of some
property owners, he expressed support for the amendment
related to the Northeast Auburn Special Plan Area.
Peter Frame, 18601 SE 65th Place, Issaquah, WA
Mr. Frame spoke as a representative for Gentry US, one of
the property owners in the Northeast Auburn Special Plan
Area. Mr. Frame expressed support for the Northeast
Auburn Special Plan Area and encouraged the City Council
to support the Plan and City staff. Mr. Frame informed the
City Council there are property owners comprising
approximately 160 acres who would like to work with the City
to come up with a development plan the City can support.
Mr. Frame anticipates a very considerable local
improvement district in order to bring the infrastructure to the
area.
June Boats, 16508 121st NE. Bothell, WA
Ms. Boats is the owners' representative for Auburn
Properties which owns the Valley Drive-in. Ms. Boats
expressed support for joining other area properties to form
the Northeast Auburn Special Plan Area.
Wendy Barnett 'Belcheff, 4040 "l" Street NE, Auburn, WA
Ms, Belcheft expressed concern that she has been involved
in only one meeting regarding the Northeast Auburn Special
Plan Area. She also asked how the proposed amendments
will affect her property taxes and questioned other details of
the Plan. Planning and Community Development Director
Krauss explained that the purpose for the Special' Plan Area
is to enable staff to conduct an in-depth planning project for
the area with the property owners and residents, and
ultimately in a public forum. The planning process has not
started, and the property owners and residents will be
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City of Auburn Council Meeting Minutes December 2, 1996
notified and invited to participate when the planning process
begins.
Motion by Councilmember Borden, second by
Councilmember Singer to close the public hearing.
City Attorney Reynolds clarified for the benefit of the Council
that by closing the public hearing this evening, it closes the
public hearing on the Comprehensive Plan amendment for
1996. If the Council chooses to have another public hearing
on the proposed amendments, the entire package of 1996
amendments to the Comprehensive Plan must be acted on
as a group.
Councilmember Borden reviewed the options for
consideration of the proposed amendments. The Council
can consider the three areas of Comprehensive Plan
amendments outlined on the agenda this evening and ignore
the proposed amendment to LU-74 which could then be
dealt with late next year. The other option is to delay all the
amendments for a few months to allow time for the public
review process for !LU-74. Councilmember Borden also
suggested continuing the action on the Comprehensive Plan
amendments for two weeks.
MOTION CARRIED. 5-0. Councilmember Poe abstained.
Motion by Councilmember Singer, second by
Councilmember Cerino to approve the 1996 Comprehensive
Plan amendments and refer the LU-74 issue back to the
Planning Commission for review in 1997.
Councilmember Borden suggested the City Council delay
action on the Comprehensive Plan amendments for two
weeks to allow the Council the opportunity to consider the
action and comments made this evening. At that time, the
City Council can either decide to approve the 1996
Comprehensive Plan amendments and defer action on LU-
74 for another year, or decide that LU-74 is important
enough to delay action on the remaining items and consider
all the amendments in March 1997.
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City of Auburn Council Meeting Minutes December 2. 1996
Councilmember Barber agreed with Councilmember Borden
to delay action on the amendments until the next Council
meeting.
Councilmember Singer expressed support for extensive
public review of LU-74.
Planning and Community Development Director Krauss
discussed the implications of delaying action on the 1996
Comprehensive Plan amendments beyond two weeks. One
of the amendments Council will consider relates to the
Comprehensive Water Plan and is critical to the provision of
services in Pierce County which is under extensive review
and discussion with the Pierce County Council and Pierce
County staff,
Councilmember Cerino expressed support for the motion to
approve the 1996 Comprehensive Plan amendments to
prevent any delay in adopting the amendments which are
not related to the LU-74 policy.
Councilmember Borden spoke in favor of delaying action for
two weeks to allow the Council time to consider all issues.
Councilmember Singer spoke against delaying action on the
1996 Comprehensive Plan amendments.
MOTION FAILED. 2-3. Councilmembers Borden, Brothers,
and Barber voted no. Councilmember Poe abstained.
Motion by Councilmember Borden, second by
Councilmember Brothers to table action on the 1996
Comprehensive Plan amendments for two weeks.
MOTION CARRIED. 5-0. Councilmember Poe abstained.
B. Audience Participation
1. Lynn Norman, 10842 SE 326th Place, Auburn, WA, 98092
Ms. Norman spoke as First Vice President of the Auburn
Area Chamber of Commerce representing the Chamber
Board of Directors and membership. Ms. Norman
Page 17
City of Auburn Council Meeting Minutes December 2. 1996
commended the City Council for the decision to annex to the
King County Library District. She requested that the City
Council involve the Chamber of Commerce in the design
and development of the new library facility. Ms. Norman
acknowledged the City Council's recent difficult decision
regarding the regulation of adult entertainment. She
conveyed the Chamber's support for the Council's decision.
Ms. Norman also extended the appreciation of the Chamber
leadership to the City for including the Chamber in various
committee meetings. She advised that the Chamber has
been invited to participate in transportation management
talks with Metro about future public transportation issues in
Auburn. The Chamber has nearly completed
recommendations that strongly endorse a bus network in
Auburn, Pacific and Algona. The recommendations will be
presented to the City and Metro in the near future.
2. Dr. Arthur Stewart, 6927 South 285th, Kent, WA, 98032
Dr. Stewart explained that he resides within unincorporated
King County adjacent to the city limits of Auburn. Dr.
Stewart spoke in favor of his request to annex his property
to the city of Auburn. He requested the City Council's
positive consideration of his request.
3. Bob West, West & Collins, 332 - 1st Street NE, Auburn, WA
Mr. West spoke on behalf of Dr. Stewart and on behalf of
Correctional Services Corporation. He spoke regarding Dr.
Stewart's request to initiate the annexation of Dr. Stewart's
property to the city of Auburn. Mr. West referred to the staff
report on Dr. Stewart's request to annex which included the
point that the annexation process is separate from any
ultimate land use process. Mr. West requested the City
Council proceed with the annexation process.
4. John Raeder, 4102 "B" Street NW, Auburn, WA
Mr. Raeder spoke on behalf of the Auburn Area Chamber of
Commerce. Mr. Raeder indicated the Chamber of
Commerce fully supports the annexation of Dr. Stewart's
property. The annexation of the property will enhance the
City's economic development and provide additional tax
revenue to the City. Mr. Raeder urged the City Council to
act favorably on Dr. Stewart's request to annex to the City.
Page 18
City of Auburn Council Meeting Minutes December 2, 1996
C. Correspondence
1. Letter dated November 25, 1996 from Mrs. H.J. Wilkinson
regarding Local Improvement District No. 346, an objection
to the assessment for improvement to sidewalk at 621 R
Street NE.
2. Letter dated November 25, 1996 addressed to the Auburn
City Council from J. Arthur Stewart requesting annexation to
the city of Auburn.
3. Letter dated November 20, 1996 addressed to Mayor Booth
and the City Council from Steven C. Allen.
Councilmember Brothers asked for a clarification of Mrs. H. J.
Wilkinson's letter dated November 25, 1996. Public Works Director
Currie explained that Mrs. Wilkinson constructed her own sidewalk
and requests to be excluded from Local Improvement District No.
346. Mr. Currie advised that Mrs. Wilkinson's property will be
excluded from the LID if the facts warrant an exclusion. Mayor
Booth added that a response to Mrs. Wilkinson's letter has been
sent.
Ill. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Chair Brothers reported the Municipal Services Committee met this
afternoon at 4:30 p.m. The Committee discussed Resolution No.
2786 and the surplus of found bicycles. The next regular meeting
of the Municipal Services Committee is scheduled for Monday,
December 16, 1996 at 4:30 p.m.
B. Planning & Community Development
Chair Borden reported the Planning and Community Development
Commiftee met November 25, 1996. The Committee discussed
water and sewer certificates, Resolution No. 2758 regarding the
sale of an airplane, the Community Development Block Grant
budget, the Consolidated Plan, Resolution No. 2787 for a senior
center message board, Resolution No. 2788 regarding the
cemetery caretaker, and a liquor license application. The next
regular meeting of the Planning and Community Development
Page 19
City of Auburn Council Meeting Minutes December 2, 1996
Committee is scheduled for Monday, December 9, 1996 at 7:30
p.m.
C. Public Works
Public Works Committee Member Poe provided the Committee
report in the absence of Chair Wagner. The Public Works
Committee met on November 25, 1996 and discussed Resolutions
and Consent Agenda items which appear later on this evening's
agenda. The Committee also discussed the Electric Lightwave
franchise, the "C" Street ramp project, and the advertisement for
bids on the Goedecke property. The next regular meeting of the
Public Works Committee is scheduled for December 9, 1996 at
5:30 p.m.
D. Finance
Chair Barber reported the Finance Committee met this evening at
6:30 p.m. The Committee discussed and recommends approval of
Ordinance No. 4934, Resolution No. 2790, Resolution No. 2791, a
request to surplus property, and claims and payroll voucher. The
next regular meeting of the Finance Committee is scheduled for
Monday, December 9, 1996 at 6:30 p.m.
IV. CONSENT AGENDA
A. Minutes
1. Minutes of the November 4, 1996 special City Council
meeting.
2. Minutes of the November 18, 1996 regular City Council
meeting.
B. Vouchers
F4.9.2, F4.9.5
1. Claims
Claims check numbers 117333 through 117634 in the
amount of $683,791.00 for Period 11 and dated December
3, 1996.
2. Payroll
Page 20
City of Auburn Council Meeting Minutes December 2, 1996
Payroll check numbers 235285 to 235560 in the amount of
$586,275.45 and Direct Payroll Deposit transmissions in the
amount of $237,404.37 for a grand total of $823,679.82 for
the pay period covering November 12, 1996 to November
25, 1996 are approved for payment this 2nd day of
December, 1996.
C. Surplus Property
F4.6.1
1. Finance Committee
City Council to authorize surplus of the City's burster, serial
number 1146, and the collator, serial number 2841, no
longer being used.
2. Public Works Department
City Council to authorize surplus of the following vehicles:
Vehicle
No. Year and Description Serial Number Veh No.
6003A 1984 Dodge1/2 Ton PickUp 1B7FD14HXES339431 D33824
6308A 1979 Ford 1/2Ton Sewer Jet F70BVDC6643 D26155
6405B 1984 GMC 2-Ton Sander Truck 1GDL7D1B8EV500896 D32913
6423B 1990 Blast Crete Muniblade Grader 52788 12954D
6428B 1986 Deery 110 Flex Kettle BFl10786230 01827D
P023B 1992 Ford Crown Victoria 2FACP72W5NX195899 11827D
P025B 1992 Ford Crown Victoria 2FACP72W8NX195895 12731D
P026B 1992 Ford Crown Victoria 2FACP72W3NX195898 12734D
P099A 1976 Chevrolet Van CGL256U164214 WKF085
P100A 1988 Ford Van 1FMCA11UOKZA00964 04722D
3. Police Department
City Council to declare the following found and unclaimed
bicycles surplus and donate them to the Auburn Optimist
Club, a non-profit organization:
96-7678 1 MURRAY 10 SPD (FRAME ONLY) NONE
96-7678 2 MURRAY 10 SPD (FRAME ONLY) NONE
96-7673 1 HUFFY BOYS 16" GREY H07927245
96-7601 1 NO BRAND BMX MULTICOLORED 82564160HY
96-7473 - I RALLYE GIRLS BMX PINK NONE
96-7432 I HUFFY TARGA 10 SPD PINK MNT 965149159422H86
96-7432 2 MAGNA MULTISPORT 18 SPD NONE
96-7057 1 CENTURIAN NO SPD WHITE NONE
96-6953 1 SCHWINN BURGER RED BOYS BMX 00983
96-6854 1 SEKAI MICRO MNT 20" 6 SPD M90906624
96-6678 1 NO NAME MNT 18 SPD NONE
96-6610 1 HUFFY DIRTWATER 18 SPD MNT 92592HUFFY24582
Page 21
City of Auburn Council Meeting Minutes December 2, 1996
96-6610 2 MOTIVE MONTEREY 18 SPD MNT LY89080000
96-6509 I MURRAY STREET 10SPDWOMENS M09009877
96-6498 1 MONGOOSE CHROME 'i SPD BOYS 20" M6CA1264
96-6275 1 RAND 1 SPD (NO SEAT) 95NCA2399
96-6275 2 FOREVER BOYS BMX NONE
96-6224 1 HUFFY THUNDRIDGE 18 SPD BLK/GRN HC1789424
96-6173 I HUFFYBOYS 10SPD WHITE HC5611340
96-5777 1 HUFFY MONTCLAIRE 20" GIRLS PURPLE NONE
96-6108 1 SCHWINN MENS BLUE DU522485
96-3048 1 MURRAY MNT CLIMB 5 SPD 59250X92-082895
96-3406 1 NISHIKI MANITOBA BOYS MNT GREEN R901001619
96-3406 2 MURRAY FOX RIVER BOYS MNT GREY NONE
96-3492 I MIYATA 10 SPD MENS N000762
96-3562 I SPALDING 10 SPD 89 473141/80621025
96-3651 1 HUFFY TEAM MURRY BOYS BLU/SILVER
337059074535H6038
96-3714 I SUNBIRD FREE SPIRIT 10 SPD BOYS RED 027827
96-3451 I NO BRAND BLUE 1010
96-4281 1 HUFFY GIRLS PINK/GRN 335749049416H3707
96-4303 1 KENT ROCKIN-USA 20" CHILDS W88014331
96-4498 1 MAGNA 10 SPD MNT 9TD694103
95-3249 1 SCHWINN 10 SPD BROWN NONE
96-2596 1 REGAL 1 SPD A87065J23
96-2863 I NO BRAND BOYS 10 SPD NONE
96-2967 I HUFFY SAVAGE 20" BOYS 5 SPD 81749HUFFY40649
96-3216 1 HUFFY STREET ROCK BMX 92341HUFFY2368'I
96-3957 1 CIERRA 12 SPD TOURING P8483669
96-3959 1 MAGNAALPINE 10 SPD BLK 93W341051
96-4086 1 HUFFY FREE SPIRIT CHILDSPURPLE 93232HUFFY13680
96-4162 I NO BRAND MENS MAROON NONE
96-5396 1 HUFFY 2 BADD BMX ORNG/BLK HC1182856
96-5373 1 HUFFY 924 GIRLS 26" 10 SPD RED 80669HUFFYK68'i9
96-5368 1 ROADMASTER AM 20" BMX RED R2522BP1007
96-5284 1 ROADMASTER EDGE TAN/PURPLE RMC23719178
96-8267 1 HUFFY KENT 18" MOTOCROSS B657795
96-8404 1 GT CHROME 20" NONE
96-8427 1 HUFFY 50 RACING BLU/BLK HC9636092
96-8450 1 COLUMBIA BIG BOSS 20" BOYS WHITE NONE
96-8450 2 KENT FUSION 250 BOYS BLK 1 'i32232
96-8450 3 HUFFY ZODIAC BOYS MNT PURP HC9267964
96-8748 1 MAGNA GLACIER PT, MNT L95W170777
96-8822 I HUFFY GIRLS PURNVHITE 21853
96-8822 2 NICE CYCLE MALIBU GIRLS GREEN J19094006
96-8822 3 ROYCE U SAVOY GIRLS PINK/WHITE W930922911
96-8881 1 ROADMASTER C.E. 10 SPD NONE
96-8872 1 HUFFY DIRTWATER 18 SPD BOYS 90282HUFFY24582
96-5222 1 SAVOY GIRLS PINK/TURQ SB9295413
96-5128 1 NO BRAND BOYS RED NONE
96-5023 1 MAGNA 1 SPD SILVER 92TD077234
96-5023 2 HUFFY 1 SPD BLU/AQUA HC2346612
96-7773 1 PEUGEOT 10 SPD BOYS GRN 2502939
96-6861 1 ROADMASTER ULTRA 15 SPD MNT MAUV RMC24186782
96-6861 2 MURRAY RADIAL BMX BLU/YEL MOY6017018
96-7838 1 MAGNA GREAT DIV WHITE/PURPLE 94TD455957
96-7689 1 HUFFY PURPLE MIST 20" GIRLS 33715
96-7980 1 SCHWINN 26" MENS BROWN GG059083
96-8158 I HUFFY WOMENS 10 SPD LAVENDER HC4319426
96-8189 I MURRAY TEAM M 20"CHROME P2225604
96-8229 1 MURRAY 18" MENS RED/YEL MON3902201
96-8236 1 JC PENNEY C, GIRL GIRLS BMX C829910901C3
96-3451 1 HEADSTROM TAMPA GIRLS BLUE 512878911
Page 22
City of Auburn Council Meeting Minutes December 2, 1996
D. Call for Public Hearing
1. Consolidated Plan Revisions/1997-98 Community
Development Block Grant (CDBG) Projects
O3.4.1.7, O3.11.3, F5.4.3
City Council to call for a public hearing to be held on
December 16, 1996 regarding revisions to the Consolidated
Plan and CDBG projects proposed for 1997-98.
2. Local Law Enforcement Block Grant
City Council to call for a public hearing to be held on
December 16, 1996 regarding the proposed use of the
payment under the U.S. Department of Justice Local Law
Enforcement Block Grant.
E. LiqUor License
A5.6.1
1. Las Margaritas Family Restaurant
City Council to approve, subject to compliance with all
applicable City Code requirements and a valid occupancy
permit, of a Class H liquor license for Las Margaritas Family
Restaurant.
F. Contract Administration
1. Public Works Project No, 591
O4.8.1 PR 591
Recommend City Council award Small Works Contract NO.
96-11A, Well #7 City Park Storm Revisions, PR 591, to
Scotty's General Construction on their low bid of $14,137.00
plus Washington State Sales Tax.
2. Public Works Project No. 586A
O4.8.1 PR 586A
Recommend City Council reject all bids received for PR
586A, Contract No. 96-21 Generator Procurement for North.
Central Auburn Regional Storm Facilities, Phase 1 B, in the
best interest of the City, and authorize rebidding at a later
date.
3. Public Works Project No. 513C
Page 23
City of Auburn Council Meeting Minutes December 2, 1996
O4.12.1 PR 513C
Recommend City Council approve and accept construction
for PR 513C, Commercial Sidewalk Improvements, Contract
No. 96-07. with Final Pay Estimate #3 to Gary Merlino
Construction in the amount of $3,879.06.
Motion by Councilmember Barber, second by Councilmember Brothers to
approve the Consent Agenda as modified.
MOTION CARRIED UNANIMOUSLY. 6-0.
V. UNFINISHED BUSINESS
A. Application No. ANX0001-96
O3.1 ANX0001-96
At the November 18, 1996 regular meeting, the Auburn City
Council continued consideration and review of this item.
City Council to consider a request to prepare an annexation petition
to annex 12 acre parcel of land that is located north of the existing
City limits and south of South 285th Street, and east of the West
Valley Highway.
Councilmember Borden prefaced her motion by explaining that the
Planning and Community Development Committee rejected the
request to prepare an annexation petition at this time because of
two main issues. The Committee wanted to consider general
planning issues in the area, and the Committee felt there was a
lack of information regarding the proposed project for the area.
Councilmember Borden expressed concern that the Council has
not had an opportunity to review and discuss the planning issues
nor more specific information about the proposed project.
Councilmember Borden noted that the City Council is required to
take action on the request to annex within sixty days. She spoke in
favor of rejecting the request to initiate annexation proceedings at
this time.
Motion by Councilmember Borden, second by Councilmember
Brothers to reject the petition for annexation.
Councilmember Poe questioned whether the request is for the
preparation and circulation of a petition or the acceptance of a
Page 24
City of Auburn Council Meeting Minutes December 2, 1996
petition. Assistant Planning Director Rued clarified that the request
before the City Council this evening is for authorization to prepare
the annexation petition for circulation.
Councilmember Poe pointed out the annexation and land use
issues are two separate issues. He indicated it was inappropriate
for the City Council to delay a request for annexation based on a
land use which may or may not occur.
Councilmember Barber agreed with Councilmember Poe's
comments, and stated the Council will have an opportunity later to
consider the land use. She requested the motion be defeated.
Councilmember Brothers acknowledged there are two separate
issues. He suggested the City Council should first consider the
appropriate buffer between the cities of Auburn and Kent before an
annexation is considered.
Councilmember Poe pointed out that 272nd Street is the proposed
boundary between Auburn and Kent. Planning and Community
Development Director Krauss confirmed that 272nd Street is the
boundary based on an interlocal agreement between the cities of
Auburn and Kent. Additionally, the City's Comprehensive Plan also
identifies 272nd Street as the boundary between Auburn and Kent.
Councilmember Cerino pointed out there is a large parcel of open
land between the north end of the proposed annexation area and
272nd Street.
MOTION FAILED. 2-4. Councilmembers Barber, Cerino, Poe and
Singer voted no.
Motion by Councilmember Singer, second by Councilmember
Barber to accept the request to prepare an annexation petition for
the 12-acre parcel of land located north of the existing city limits
and south of South 285th Street and east of the West Valley
Highway.
City Attorney Reynolds advised that state law requires that the City
at this point make a determination as to whether the parties
proposing the annexation shall accept the bonded indebtedness of
the city. The City can also at this time indicate whether or not
Page 25
City of Auburn Council Meeting Minutes December 2, 1996
simultaneous zoning shall occur. He explained that at this point the
City has the option to require the simultaneous adoption of a
proposed zoning regulation. City Attorney Reynolds advised that
without the requirement for simultaneous adoption of a zoning
regulation, the property annexed would be designated R-1.
Assistant Planning Director Rued explained that staff does not
recommend considering zoning concurrent with the annexation
process and that the zoning issue be dealt with later.
Councilmember Singer modified her motion to include that the City
requires the assumption of existing city indebtedness by the area to
be annexed.
In response to a question from Councilmember Borden, Assistant
Planning Director Rued explained that if the City elected to require
simultaneous zoning, the proposed annexation area would be
annexed as R-R rural zone as indicated in the Comprehensive
Plan. If the Council decides to require simultaneous zoning, the
rezone would be processed through the Planning Commission.
The annexation petition and the Planning Commission
recommendation on the rezone would then be presented to the
Council for action.
Councilmember Barber spoke in favor of proceeding with the
annexation proposal.
MOTION CARRIED. 4-2 Councilmembers Borden and Brothers
voted no.
VI. NEW BUSINESS
A. Application No. PLT0001-93
03.5 PLT0001-93
City Council to consider the request of Dick Wooding for final plat
approval of Smalkamish Subdivision, a 6-lot single family
subdivision, on property located in the Hidden Valley area of
Auburn at the north terminus of Foster Avenue.
Motion by Councilmember Borden, second by Councilmember
Singer to approve the final plat of Smalkamish Subdivision and
instruct the City Attorney to prepare the necessary ordinance.
Page 26
City of Auburn Council Meeting Minutes December 2, 1996
MOTION CARRIED UNANIMOUSLY. 6-0.
VI I. ORDINANCES AND RESOLUTIONS
A. Ordinances
1.Ordinance No. 4927
A3.10.4
An Ordinance of the City of Auburn, Washington, denying
the request for an Administrative Use Permit to allow for
expansion to an existing facility located in the 3300 block of
"D" Street SE in a M-2 (Heavy Industrial) Zone, within the
city of Auburn, Washington.
Ordinance No. 4927 was removed from this evening's
agenda as noted under the agenda modifications.
2. Ordinance No. 4933
A3.13.8
An Ordinance of the City Council of the City of Auburn,
Washington, affirming the City of Auburn's execution of
Development Agreements between the City and Schneider
Homes, Inc.; the City and Lee and Ann Baerny; the City and
John McCleary; the City and Peter Nielson, et al; the City
and Richard James; the City and Finkbeiner Development;
the City and Walter Schroeder; and the City and Thomas
Curtis.
Motion by Councilmember Borden, second by
Councilmember Singer to introduce and adopt Ordinance
No. 4933.
MOTION CARRIED UNANIMOUSLY. 6-0.
Page 27
City of Auburn Council Meeting Minutes December 2, 1996
3. Ordinance No. 4934
F3.11
An Ordinance of the City Council of the City of Auburn,
Washington, adopting the Budget for the City of Auburn,
Washington, for the year 1997.
Motion by Councilmember Barber, second by
Councilmember Poe to introduce and adopt Ordinance No.
4934.
Councilmember Brothers expressed concern with utilizing
the cash reserves of the City to fund the 1997 Budget.
Mayor Booth requested Finance Director Supler to comment
on whether the City is depending upon the cumulative cash
reserve to fund the 1997 Budget. Finance Director Supler
advised that the City has set a goal to maintain an ending
fund balance in the General Fund of approximately $2
'million, and the 1997 Budget includes an ending fund
balance of $2 million.
Councilmember Brothers indicated his comments were
based on projections supplied by the Finance Department
and Mayor Booth with reference to continued trends and
budgets within the next five years.
MOTION CARRIED. 5-1. Councilmember Brothers voted
no.
B. Resolutions
1. Resolution No. 2758
04.4.9
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the City of Auburn Municipal Airport
Supervisor to sell at public auction one aircraft described as
one Cessna 152 II, Registration N69189, Serial Number
15282539 for outstanding rental, title search fee, aircraft
appraisal fee and public notice expense totaling three
thousand nine hundred seventy-three dollars and forty-one
cents ($3,973.41 ).
Page 28
City of Auburn Counicil Meeting Minutes December 2. 1996
Motion by Councilmember Borden, second by
Councilmember Singer to adopt Resolution No. 2758.
MOTION CARRIED UNANIMOUSLY. 6-0.
2. Resolution No. 2763
03.4.1.12, A3,13.8
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
an Agreement between the Cities of Pacific and Auburn
relating to Urban Service Area designation.
Motion by Councilmember Borden, second by
Councilmember Singer to adopt Resolution No. 2763.
MOTION CARRIED UNANIMOUSLY. 6-0.
3. Resolution No. 2781
O4.11
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
South King County Regional Water Association Joint
Operating Agreement between participating cities of Kent,
Black Diamond, Algona, and Auburn, Covington Water
District, Lakehaven Utility District, Soos Creek Water and
Sewer District and King Water District No. 111.
Motion by Councilmember Poe, second by Councilmember
Borden to adopt Resolution No. 2781.
MOTION CARRIED UNANIMOUSLY. 6-0.
4. Resolution No. 2785
A3.13.4
A Resolution of the City Council of the City of Auburn, King
County, Washington, authorizing the Mayor to execute an
agreement between the City of Auburn and Northwest
Racing Associates Limited Partnership, to accept real estate
consisting of the Thormod site, a wetland created to mitigate
wetland loss upon the creation of Emerald Downs Race
Page 29
City of Auburn Council Meeting Minutes December 2, 1996
Track, and provide the continuation of monitoring by
Northwest Racing Associates.
Motion by Councilmember Poe, second by Councilmember
Singer to adopt Resolution No. 2785.
Councilmember Brothers expressed concern with the
adoption of Resolution No. 2785. He explained that the
Resolution will remove a substantial piece of property from
the City's tax rolls, and it creates an unnecessary liability for
the City. He also pointed out that the City would be
precluded from taking any action regarding the use of the
property for 15 years.
In response to an inquiry from Councilmember Borden,
Public Works Director Currie advised that the annual tax
revenue attributed to the property in question is
approximately $800.00.
MOTION CARRIED. 5-1. Councilmember Brothers voted
no.
5. Resolution No. 2786
02.4
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk of the City
of Auburn to execute a contract between the City of Auburn
and the Washington State Patrol, which provides for
reimbursement to the City for fire protection inspections in
State licensed facilities located in the city of Auburn.
Motion by Councilmember Brothers, second by Cerino to
adopt Resolution No. 2786.
MOTION CARRIED UNANIMOUSLY. 6-0.
6. Resolution No. 2787
04.4.2
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
a News and Information Station Agreement between the City
and Prime West of Washington, Inc.
Page 30
City of Auburn Council Meeting Minutes December 2, 1996
Motion by Councilmember Borden, second by
Councilmember Singer to adopt Resolution No. 2787.
MOTION CARRIED UNANIMOUSLY. 6-0.
7. Resolution No. 2788
A3.17, O4.4.10
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
a Lease Agreement between the City and Kenneth Z.
Eastman for caretaker purposes at Mountain View
Cemetery.
Motion by Councilmember Borden, second by
Councilmember Singer to adopt Resolution No. 2788.
MOTION CARRIED UNANIMOUSLY. 6-0.
8. Resolution No. 2789
A3.13.4
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
a Quit Claim Deed to Carol J. Walker, for certain property as
set forth on Exhibit "A".
Motion by Councilmember Poe, second by Councilmember
Borden to adopt Resolution No. 2789.
Councilmember Brothers questioned the dimensions of the
property. Public Works Director Frank Currie estimated the
dimensions to be approximately 25 feet wide by 75 feet
deep. Councilmember Brothers requested an explanation
for the Quit Claim Deed. Mayor Booth and City Attorney
Reynolds explained that the deed is needed to correct a
previous recording error.
MOTION CARRIED UNANIMOUSLY. 6-0.
Page
City of Auburn Council Meeting Minutes December 2, 1996
9.Resolution No. 2790
A4.5.2
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
a Technical Services Agreement between the City of AubUrn
and Techstaff, Inc. to procure temporary design and
construction-inspection staff through the end of 1997.
Motion by Councilmember Barber, second by
Councilmember Brothers to adopt Resolution No. 2790.
MOTION CARRIED UNANIMOUSLY. 6-0.
10. Resolution No. 2791
A4.5.2
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
a Technical Services Agreement between the City of Auburn
and H.L. Yoh Company to procure temporary staff through
the end of 1997.
Motion by Councilmember Barber, second by
Councilmember Poe to adopt Resolution No. 2791.
MOTION CARRIED UNANIMOUSLY. 6-0.
VIII. MAYOR'S REPORT
A. Executive Session
Mayor Booth recessed the meeting to executive session at 10:15
p.m. for approximately 20 minutes in order to discuss matters
related to potential litigation. Mayor Booth indicated no action is
anticipated as a result of the executive session.
Mayor Booth reconvened the meeting at 10:47 p.m.
Page 32
City of Auburn Council Meeting Minutes December 2. 1996
IX. ADJOURNMENT
There being no further business to come before the City Council this
evening, the meeting adjourned at 10:47 p.m.
Charles A. Booth, Mayor Robin Wohlhueter, City Clerk
96M 12-2. DOC
Page 33