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HomeMy WebLinkAbout12-02-1996 Council Minutes CITY OF AUBURN COUNCIL MEETING MINUTES ~ i~,,~.~,,~ .~"" December 2, 1996 7:30 p.m. "- ~~/ 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. Page 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 Page 2 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. Page 3 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 Page 4 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 Page 5 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 Page 6 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 Page 7 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 Page 8 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 Page 9 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. Page 10 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 Page 11 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. Page 12 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 Page 13 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 Page 15 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. Page16 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