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HomeMy WebLinkAbout11-17-1997 Council Minutes CITY OF AUBURN COUNCIL MEETING MINUTES November 17, 1997 7:30 p.m. I. CALL TO ORDER A. Flag Salute Mayor Booth called the meeting to order at 7:30 p.m. and led those in attendance in the Pledge of Allegiance. B. Roll Call Mayor Booth and the following members of the Auburn City Council were present: Rich Wagner, Sue Singer, Jeanne Barber, Trish Borden, Fred Poe, and Gene Cedno. Councilmember Stacey Brothers was excused. Staff members present included: Police Chief Dave Purdy, Fire Chief Bob Johnson, Personnel Director Brenda Heineman, Parks and Recreation Director Dick Deal, Finance Director Diane L. Supler, Assistant Finance Director Shelley Coleman, Financial Analyst Sherri Crawford, City Engineer Dennis Dowdy, Water Utility Engineer Carl Every, Traffic Engineer Steve Mullen, Planning and Community Development Director Paul Krauss, Assistant Planning Director Lynn Rued, Senior Planner Bob Sokol, Associate Planner Bea Sanders, City Attorney Michael J. Reynolds, and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements There were no announcements this evening. 2. Appointments There were no appointments for City Council consideration this evening. D. Agenda Modifications Page1 t;ity of Auburn Council Meetinn Minutes November 17, 1997 Agenda modifications included correspondence from Peter Frame for the North Auburn Owners transmitted under Item II.C,1 of these minutes, correspondence from Michael A. Hart transmitted under Item II.C.2 of these minutes, a corrected agenda bill for Public Works Project Number PR 580 transmitted under Item IV.D.1 of these minutes, and a corrected agenda bill for Public Works Project Number PR 623 transmitted under Item IV.D,2 of these minutes, II, CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A, Public Hearings 1. Application No. REZ0002-97 03.8 REZ0002-97 The following is a closed record hearing where comments are limited to the existing record and no new evidence or information is allowed to be submitted. The request of Puget Western for a rezone from the existing zoning of Unclassified to R-4, Multi-family, for property consisting of 8.8 acres in size and located on the south side of Oravetz Road and approximately 1,600 feet west of "R" Street. Mayor Booth opened the closed record hearing. Mrs. Ralph Scholtz, 4220 Kennedy Avenue SE, Auburn, WA Mrs. Scholtz advised she lives adjacent to the property requested for rezone, and is opposed to the rezone request. She expressed concern with the proposed development's impact on the traffic, water, sewer and wildlife in the area. Mrs. Scholtz commented that in 1988 her property was included as part of the Lakeland Hills Special Area Plan without prior notification to her. In response to a question from Councilmember Borden, Mrs. Scholtz explained that she accesses her home via Kennedy Drive and Oravetz Road. She does not have access to the Lakeland Hills development. Mr. Craiq Krueger, Dodds Engineers, 4205 148~ Avenue NE, Suite 200, Bellerue, WA Page 2 City of Auburn Council Meetin,el Minutes November t7, t997 Mr. Krueger spoke on behalf of the applicant. He acknowledged that further detailed studies will be required prior to development of the property. The applicant is requesting to rezone the property from Unclassified to R-4, multi-family which is consistent the the Comprehensive Plan designation and the Special Area Plan for Lakeland Hills. Virginia Hauaen, 2503 "R" Street SE, Auburn, WA Ms. Haugen expressed concern with development of the eight-acre parcel as multi-family and questioned the approximate number of units that could be constructed on the site. Assistant Planning Director Rued advised that an R-4 zone allows up to 18 units per acre. Ms. Haugen also expressed concern for the wildlife that exist on the property. Jerry Piger, 4280 Kennedy Avenue SE, Auburn, WA Mr. Piger spoke regarding the inclusion of his property in the Lakeland Hills Special Area Plan and against the rezone proposal. He questioned whether the properties along Kennedy Avenue should be part of the Lakeland Hills Special Area Plan. He described the proposed rezone site as containing steep slopes, and expressed concern regarding development of the site as multi-family. He also expressed concern with the amount of traffic on Oravetz Road. In response to questions from Councilmember Poe, Assistant Planning Director Rued clarified that the properties along Kennedy Avenue SE are not part of the Lakeland Hills Special Area Plan. However, the property requested for fezone is within the Lakeland Hills Special Area Plan. Deanne Gribble, 3104 "L" Street NE, Auburn, WA Ms. Gribble identified herself as a former school bus driver on Lea Hill. She expressed concern with the amount of traffic on Lea Hill and for the safety of school bus occupants in the Lea Hill area. Motion by Councilmember Borden, second by Councilmember Wagner to close the hearing. Page 3 City of Auburn Council Meetin.el Minutes November 17, 1997 Councilmember Poe questioned whether the development of the Special Area Plan required notification of adjacent property owners. Assistant Planning Director Rued advised the Special Area Plan was done as an amendment to the Comprehensive Plan, and there is no statutory requirement for notification. MOTION CARRIED UNANIMOUSLY. 6-0. Councilmember Borden noted that the Comprehensive Plan designated the property as R-4 some time ago. In the interim, the area has changed with the construction of a new high school and the City's acquisition of property across the street from the proposed development for park purposes. R- 1 zoning and park currently surround the subject property. Councilmember Borden expressed concern with rezoning the property to R-4. In response to a question from Councilmember Cerino, Assistant Planning Director Rued advised that the height restrictions in an R-4 zone are 2-1/2 stories or 30 feet. Councilmember Wagner agreed with Councilmember Borden's comments that the area of the proposed rezone has changed. However, Oravetz Road in the vicinity of the proposed development has not changed and would need to be improved prior to any development. He also questioned whether the Plan suggests R-4 zoning or other multi-family zoning. He pointed out that if the property is not rezoned at this time, it remains as Unclassi~ed with all the restrictions of the R-1 zone. He spoke in favor of disaffirming the Hearing Examiner's decision. Councilmember Barber disclosed that she had a previous discussion with Mrs. Scholtz; however, their discussion will not affect her consideration of the applicant's request. Councilmember Barber agreed with comments made by Councilmember Wagner and expressed her hesitance for rezoning the property. Councilmember Wagner suggested the City Council disaffirm the Hearing Examiner's decision, and allow the Page 4 City of Auburn Council Meeting Minutes November 17, 1997 developer to submit another proposal if he wishes. Councilmember Wagner indicated the current proposal is not in the best interest of the residents at this time. Councilmember Borden noted that the area south of the White River is developing with some higher densities than single family. She expressed concern with allowing the atmosphere of the area to change by allowing a development which detracts from the surrounding land uses, In response to a question from Councilmember Singer, Councilmember Wagner added that his opposition to R-4 zoning for the property is due to the condition of Oravetz Road and the rural setting that the area residents have enjoyed for some time. If conditions change in the future, he indicated his willingness to consider multi-family zoning for the property. He also noted that the Lakeland Hills Special Area Plan does not have a time line, and several changes have occurred in the area since the adoption of the Lakeland Hills Special Area Plan. Councilmember Cerino agreed with comments made by Councilmember Wagner. Councilmember Poe also expressed his support of Councilmember Wagner's recommendation to disaffirm the Hearing Examiner's decision and deny the rezone. Motion by Councilmember Wagner, second by Councilmember Singer to disaffirm the Hearing Examiner's recommendation to rezone the subject property based upon the findings of fact and conclusions identified by the Council. City Attorney Reynolds advised he will prepare the necessary ordinance based upon the Council's findings and conclusions included in their discussion of the rezone application. MOTION CARRIED UNANIMOUSLY. 6-0. Page 5 City of Auburn Council Meeting Minutes November 17, t997 2. 1998 Budaet F3.12 The 1998 Preliminary Budget for the fiscal year January 1 through December 31, 1998 has been placed on file with the City Clerk. The public is encouraged to provide written or verbal testimony on any provision of the proposed 1998 Budget. The City Council will consider revenue sources and possible increases in property tax revenues. Finance Director Supler presented the staff report for the 1998 Budget. She explained that 1998 Budget is the culmination of a process that began in the spring of 1997. The Council held workshop meetings on revenues and budget expenditures earlier this year. At both meetings, the Council made recommendations, and they have been incorporated into the 1998 Budget. She also noted that also on tonighrs agenda are three ordinances dealing with property taxes and the 1998 Budget. The majority of the City's revenues are from taxes and services. Taxes comprise approximately 30% of the City's revenues and utility services and charges comprise another 30% of the City's revenues. Approximately 37% of the City's expenditures in 1998 are related to capital projects and 30% of the expenditures are related to salaries and benefits. The increase in the amount of capital project expenditures is due to the City taking the lead in several capital projects with other local governments. Traditionally, salaries and benefits comprise the larger percentage of the budget, and it is anticipated that the 1999 Budget will reflect a more typical budget. In the General Fund, salaries and benefits comprise 69% of the expenditures. The General Fund budget provides for a 2% growth factor in revenues as well as increases in grant revenues from previous years. For expenditures, the City continues with a baseline budgeting philosophy. Departments were limited to a 3% increase in discretionary expenditures, and overall salaries were increased by 3.3% based upon collective bargaining agreements. Page 6 City of Auburn Council Meetinn Minutes November 17, 1997 Some issues that affect the 1998 Budget include the failure of the Emergency Medical Services (EMS) levy on November 4, 1997. This represents a $355,000 loss in EMS revenue ususally received from the County. The future funding of EMS in unknown at this time. Program improvements in the amount of $190,000 for safety and training have been included in the 1998 Budget. Referendum 47, relating to property, taxes was passed during the recent general election. Referendum 47 limits property tax increases to a new rate of inflation and not the Consumer Price Index (CPI). The new rate of inflation is 1.9% compared to the CPI of 3.7%. The cost of living adjustment (COLA) contained in the City's labor contracts is calculated at a percentage of the CPI, and the 1998 COLA is 3.3%. The City is allowed to go above a 1.9% if the City can demonstrate substantial need. The estimated assessed valuation is $3,015,700,000. The total assessed valuation will not be confirmed until January or February of next year. The City's levy rate in 1997 was $3.015, and the 1998 levy rate recommended for Council adoption is $3.10. The impact of the City's 1998 levy rate on a $150,000 home is $465 compared to $452 in 1997. The average increase to a homeowner is approximately 2.88%. Finance Director Supler clarified a recent newspaper article in which it was reported the property taxes in Auburn would increase by 5.2%. Statutorily, the City is limited to an overall increase of 106% of the revenues that the City collected last year. This year, it is recommended that the City increase its revenues by 105.21%. However, the increase includes increases in assessed valuations and the addition of new construction assessed valuations. In response to questions from Councilmember Borden, Ms. Supler advised that the budget does not include EMS levy funds since the County collects that amount. If it is determined that the City must fund EMS and the advanced life support system, the City could be impacted by $1.3 million. Finance Director Supler highlighted some of the capital projects included in the proposed budget: the library facility, Page 7 City of Auburn Council Meetin.q Minutes November 17, t997 a new skate park facility, a handicapped accessible van for special populations and senior citizens, a HazMat response vehicle to replace an outdated vehicle, the first year's funding for a new fire engine which will be accumulated over two years, and the 277th Street corridor project which includes streets and sewers. One of the primary goals of the 1998 Budget is to maintain the essential programs at the present level of service without deteriorating the programs that the Council has committed themselves to in previous years. Modest program improvements are included for both staffing and one-time fixed costs. Mayor Booth opened the public hearing. Virginia Haugen, 2503 "R" Street SE, Auburn, WA Ms. Haugen expressed support for portions of the City's 1998 proposed budget, but expressed concern with the proposed increase in property taxes, proposed staffing increases, and consultant fees for impact studies. Finance Director Supler explained that the costs for three studies performed by consultants are included in the proposed budget. The studies include a sensitive areas ordinance, a special area plan, and a fire station location study. Michael Bocatch, 111 "H" Street SE, Auburn, WA Mr. Bocatch reported he recently attended a King County Council public hearing on the County's proposed budget. He reviewed the County's budget and noted over a dozen cultural and social service expenditures proposed in the general fund worth between $50 and $60 million which would more than adequately fund the failed EMS levy. He questioned whether cities should fund emergency medical services since the voters defeated the EMS levy. He suggested county and city budgets should be priodtized in a manner which allocates funds first to public safety. Desirable social service and cultural budget requests should never take precedence over public safety and could be voted on by the electorate. Mr. Bocatch reported he Page 8 City of Auburn Council Meetinn Minutes November 17, t997 personally lobbied against passage of the EMS levy. He urged the Coucil to force the County to reprioritize their budget by not providing City funds for emergency medical services. Mayor Booth reported the King County Council today failed to pass a motion to fund the EMS with county funds. The County indicated it would require a 13% across the board budget cut to fund EMS from county funds. Councilmember Borden and Mayor Booth also added that much of the County's human service budget is comprised of pass-through money from the state and dedicated to human service programs, such as public health. Deane Gdbble, 3104 "L" Street NE, Auburn, WA Mrs. Gribble expressed concern with the City increasing property taxes and City employee salaries and wages. She indicated the City's increase in property taxes together with other local tax increases, such as school district levies, is burdensome to some residents. Councilmember Poe pointed out that the property tax increase presented by Finance Director Supler is based on 3.1 mills. The city's tax bill is slightly over 15 mills. The $13.00 increase on 3.1 mills compared to the equivalent tax on 15 mills is less than six tenths of one percent increase on a persons total property tax. Lynn Roberts, 11219 SE 323~d Street, Auburn, WA Ms. Roberts identified herself as the King County program manager for the Washington Women's Employment and Education (VVWEE). She thanked the Council for their support of the VWVEE program and maintaining the City's commitment to human services. Community-based organizations are expected to do more for more needy people with less federal and state funds while the private sector is reluctant to make up the difference. VVWEE's survival depends upon the support of municipalities and the private sector. She encouraged the Council to continue its support of human services. Page 9 City of Auburn Council Meetinc~ Minutes November 17, 1997 Terry Galliday, Domestic Abuse Women's Network (DAWN) Shelter Ms. Galliday identified herself as the shelter director of DAWN and thanked the City Council for their continued support of the DAWN program. Motion by Councilmember Barber, second by Councilmember Singer to close the public hearing. Councilmember Poe noted that the proposed budget includes $50,000 to hire a consultant to develop a sensitive areas ordinance. He suggested that staff could develop the ordinance, and the funding for it could be used elsewhere, such as for the special areas neighborhood planning. He expressed support for the fire station location study. He also suggested that it appears premature to undertake a fire impact fee study without knowing the level of Council support for impact fees. He encouraged staff to continue to its efforts to obtain private funding to supplement the City's funding for the skate park. Mayor Booth added that the skate park project assumes that private funding will be available. He also advised that the consulting services contracts referred to by Councilmember Poe will be presented to the appropriate Council committees for review and evaluation. MOTION CARRIED UNANIMOUSLY. 6-0. 3. Comprehensive Plan 03.4.3 This public hearing is an opportunity for public input prior to consideration of the 1997 amendments to the Comprehensive Plan. The City Council conducted a public hearing on the proposed Comprehensive Plan amendments November 3, 1997 and continued the public hearing to this evening's meeting. Although testimony can be given on any of the proposed Comprehensive Plan amendments, the following amendments will be primarily addressed this evening: Page 10 City of Auburn Council Meetinn Minutes November 17, 1997 Comprehensive Plan Map Amendment #-5 Amend comprehensive plan designations within the Lea Hill potential annexation area to reflect the work of the Lea Hill Task Force. Comprehensive Plan Map Amendment #6 Amend the comprehensive plan map where appropriate to ensure consistency between plan designation and zoning. Comprehensive Plan Map Amendment #7 Amend the City's potential annexation area (PAA) to remove those parcels contained within the King County Agricultural Production District and change the comprehensive plan map designation for the Stewart Parcel to Light Industrial. Policy/Text Amendment #7 Adopt the report of the Lea Hill Task Force as special area plan. This report addresses the issues concerning annexation raised by the task force of Lea Hill residents and other interested parties. The report includes proposed map revisions and policy amendments affecting the Lea Hill potential annexation area. Policy/Text Amendment #8 Adopt the new 1997 City of Auburn Parks and Recreation Plan. Policy/Text Amendment #10 Amend the section of the 1995 Water Comprehensive Plan regarding fire flow. Senior Planner Bob Sokol presented the staff report for the proposed Comprehehensive Plan amendments. The Council conducted a public hearing on November 3, 1997 and continued the hearing to this evening's meeting. He identified changes for Comprehensive Plan Amendment 6. At the public hearing on November 3, 1997, Mr. Norman Buck suggested a changed to Map 5 of Amendment 6. The change in Map 5 reflects the existing conditions. The amendment, as originally proposed, called for changing a large area to a portion of the cul-de-sac at "1" Place NE to moderate density residential. Some of the area retained as moderate density residential actually had recently constructed single family homes. Mr. Sokol recommended removing the moderate density residential designation from that area. The second change is related to Map 4 of Comprehensive Plan Map Amendment 6. A request was received to adjust the boundaries to clearly indicate that the properties fronting Harvey Road maintain their designation as Office/Residential. Page 11 City of Auburn Council Meeting1 Minutes November 17, 1997 With regard to Comprehensive Plan Map Amendment 7, Mr. Sokol reported that King County Superior Court upheld the Boundary Review Board's decision to deny the Stewart property annexation to the city of Auburn. Mr. Sokol took the opportunity to thank members of the Lea Hill Task Force for their work on the Lea Hill Task Force Report. He recognized the following members of the Task Force in attendance: Paula Thrush, Bob Keever, and Jim Schwend. Staff recommends two minor changes to the report. On page 8 change the first sentence under "City Response:" to read: "The City intends to retain the zoning and Comprehensive Plan designations that are found in the King County Comprehensive Plan and Zoning ordinance." The same change is recommended under "City Response" of Issue #2 on page 9. The changes are not intended to change the policy intent, but to provide consistency with other language in the report. Mr. Sokol asked that the City Council take testimony on the preceding amendments and then allow additional new comments on the proposed amendments which were addressed at the November 3, 1997 public hearing. Following conclusion of the public hearing, Council will be requested to vote on the proposed amendments. Mayor Booth opened the public hearing. Comprehensive Plan Map Amendment #5 Amend comprehensive plan designations within the Lea Hill potential annexation area to reflect the work of the Lea Hill Task Force. Policy/Text Amendment #7 Adopt the report of the Lea Hill Task Force as special area plan. This report addresses the issues concerning annexation raised by the task force of Lea Hill residents and other interested parties. The report includes proposed map revisions and policy amendments affecting the Lea Hill potential annexation area, Robert Keever, 10812 SE 290th Street, Auburn, WA Page 12 City of Auburn Council Meeting Minutes November 17, 1997 Mr. Keever repoded he served on the Lea Hill Task Force, and expressed his support for the adoption of the Lea Hill Task Force Plan. He referred to Figure 1 of the Report which contains the proposed zoning for the Lea Hill Area, and advised there is an expectation that the zoning designations will remain for some time. Senior Planner Sokol interjected that it is the City's intent to adopt the Task Force's report and put the zoning in place when an annexation occurs. However, any request for a zone change will go through the normal process for Council consideration. Mr. Keever submitted a copy of a petition containing signatures of property owners within the Olson Creek watershed supporting the continuation of the one unit per acre zoning that currently exists along the stream corridor. He also presented a one-page fact sheet on Olson Creek and Olson Canyon. He also offered a video tape for the Council's review which was developed by the Olson Creek Stewardship Committee and includes a brief tour of the Olson Canyon. Paula Thrush, 10872 SE 318th Place, Auburn, WA Ms. Thrush reported she served nine months of the Lea Hill Task Force. She urged the Council to retain the zoning designations when annexation occurs. She expressed her appreciation to the City for efforts to acquire more park land for the Lea Hill area. She requested that when annexation occurs on Lea Hill, that annexation not occur in a piecemeal manner. Virginia Haugen, 2503 "R" Street SE, Auburn, WA Ms. Haugen expressed her appreciation for the efforts of the Lea Hill Task Force. She reminded those present that the City Council has the authority to rezone property. She also expressed concern with the possible rezone of the Stewart property. Councilmember Singer reported that she was a member of the Lea Hill Task Force. The Task Force offered frank and open discussions of issues. She thanked Senior Planner Bob Sokol and Associate Planner Keith Niven for their efforts and contributions to the Lea Hill Task Force. Page 13 City of Auburn Council Meetin~l Minutes November 17, 1997 Councilmember Borden encouraged the Councilmembers to view the video developed by the Olson Creek Stewardship Committee. Virginia Hauclen, 2503 "R" Street SE, Auburn, WA Ms. Haugen spoke regarding Comprehensive Plan Map Amendment 7. She expressed concern with the City's designation of the Stewart property as Light Industrial. Comprehensive Plan Map Amendment #6 Amend the comprehensive plan map where appropriate to ensure consistency between plan designation and zoning. Harvey and Robin Walker, 916 22nd Street NE, Auburn, WA Mr. And Mrs. Walker spoke regarding Comprehensive Plan Map Amendment 6, specifically Map 2, and property that has been in their family for 30 years. It was previously owned by Mr. Walker's mother, Carol J. Walker, and is now owned by he and his wife. All notices of the hearing on the proposed amendments to the Comprehensive Plan Map and Text were mailed to the previous owner, Carol J. Walker. Mr. Walker requested that Council delay action on the Comprehensive Plan Map Amendment 6 since he has had less than one week's notice of the proposed amendments. He submitted a copy of a letter addressed to the City Council from he and his wife containing some of their comments this evening. The proposed Comprehensive Plan Map amendments calls for a change in zone designation of the Walker property from multi-family to single-family residential. Mr. and Mrs. Walker purchased the property as an investment and for its development potential under the current Comprehensive Plan. Mr. Walker pointed out that his property is bordered on two sides by high-density apartments. Mr. Sokol noted out that the current zoning ordinance identifies the property as R-2, single family. The purpose of the amendment is to make the Comprehensive Plan Map designation consistent with the zoning. Mr. Sokol recommended that the Council remove the proposed amendment to Map 2 of Comprehensive Plan Map Amendment 6 from the 1997 proposed amendments pending further review. Page 14 Citv of Auburn Council Meetin,q Minutes November 17, 1997 Councilmember Singer spoke in favor of removing the proposed amendment to Map 2 of Map Amendment 6 pending further review and consider it again during next year's amendments to the Comprehensive Plan. George Moerqeli, 1020 29u' Street SE, Auburn, WA Mr. Moergeli spoke regarding Map 11 of Comprehensive Plan Map Amendment 6. The proposed amendment is bounded by 29th Street SE and "M" Street SE. Mr. Sokol explained that the current Comprehensive Plan Map designation for the area is high-density residential, while the zoning for the area is R-2, single-family residential. In response to a question from Mr. Moergeli, Mr. Sokol advised that duplexes are allowed as a conditional use in an R-2 zone. Mr. Moergeli indicated he had no objection to the proposed amendment. Comprehensive Plan Map Amendment #7 Amend the City's potential annexation area (PAA) to remove those parcels contained within the King County Agricultural Production District and change the comprehensive plan map designation for the Stewart Parcel to Light Industrial. Bob West, 332 1st Street NE, Auburn, WA Mr. West spoke on behalf of Dr. and Mrs. Arthur Stewart. He asked for clarification of proposed Comprehensive Plan Map Amendment 7. He understands the proposed amendment will remove parcels contained within King County's Agricultural Production District from the City's potential annexation area with the exception of the Stewart property which would be designated as Light Industrial property. Mr. West recalled that earlier this year, the City Council approved the potential annexation of the Stewart property. The King County Boundary Review Board subsequently found that a conflict exists between the County Comprehensive Plan, which designates the property as agricultural, and the City's Plan, which does not. Mr. West advised that SAMP has preliminarily identified the Stewart property as one of the few developable properties within the APD. The Stewart property was also designated by the County as lying within the APD without prior notification to the Stewarts and has restricted the use of the Stewart Page 15 City of Auburn Council Meetin;I Minutes November 17, 1997 property to solely agricultural uses. According to Mr. West, the County has no intent to purchase the development rights for the Stewart property. The court recently upheld the Boundary Review Boards' decision to deny the annexation proposal since the County's and City's Comprehensive Plans are in conflict. Mr. West indicated that the court decision may be appealed, and the property may become available for annexation in 1998. If the Council does not take steps at this point to redesignate the Stewart property as Light Industrial, any amendment of the designation for the Stewart property would have to wait another year. If the property is annexed to the City in the future with the Light Industrial Comprehensve Plan Map designation, any potential use of the property would require further review and approval by the City. Mr. West pointed out that the Stewart property is within the urban growth area. The property has been designated as a potentially developable piece of property under the SAMP, and there are minimal wetlands on the Stewart property. He also indicated the City has policies in its Comprehensive Plan which tend to discourage agricultural use for the Stewart property, and the area between the current city limits and 277t" Street has environmental problems that need to be cleared up. The Stewart property, if annexed and designated Light Industrial, has potential for adding tax revenues to the City. Mr. West urged the City Council to approve a Comprehensive Plan amendment that would permit Light Industrial uses on the property if it is annexed to the City. Councilmember Cerino questioned whether there had been an amendment to the Light Industrial designation. Planning and Community Development Director Krauss explained that questions have been raised on whether or not an Immigration and Naturalization Services (INS) facility would be allowed outright or by a conditional use in the M-1 zone, and whether an INS facility is a governmental facility if it is privately owned. Mr. Krauss determined the use would be a governmental use, and a governmental use can be allowed in any of the City's zones as a conditional use. However, it can be concluded that when the zoning ordinance was Page 16 City of Auburn Council Meetinn Minutes November 17, 1997 drafted, a large facility such as the proposed INS facility was not anticipated. Even if the property is designated M-l, Light Indutrial, the proponent will be required to obtain the approval of the City Council. Mr. West acknowledged that the proposed use for the Stewart property is the INS processing center and office building. He also acknowledged that there is no guarantee that the facility will be located there. If the INS facilility is not located on the Stewart property, Dr. and Mrs. Stewart would like to develop their property under the Light Industrial designation. Mr. West requested that the City Council continue to include the Stewart property within the City's potential annexation area and designate the property as Light Industrtial. Councilmember Borden pointed out that the Stewart property cannot be developed until it is annexed to the City. Paula Thrush, 10872 SE 318th Place, Auburn, WA Ms. Thrush reported she has been a resident of the Green River valley for 45 years. She expressed concern with the potential development of the Stewart property due to the wetlands on the property, the road conditions and congestion in the area, and the loss of agricultural land. She urged the Council to reject the Comprehensive Plan Map Amendment 7. Deanne Gribble, 3104 "L" Street NE, Auburn, WA Ms. Gribble identified herself as a long-time community resident. She urged the City Council to reject Comprehensive Plan Map Amendment 7 and keep the Stewart property as an agricultural use. She also spoke against the possible location of an INS facility in Auburn. Policy/Text Amendment #8 Adopt the new 1997 City of Auburn Parks and Recreation Plan. No one spoke regarding Policy/Text Amendment 8. Page 17 City of Auburn Council Meetin{3 Minutes November 17, 1997 Policy/Text Amendment #'10 Amend the section of the 1995 Water Comprehensive Plan regarding fire flow. No one spoke regarding Policy/Test Amendment 10. Allen Corbin, 3112 "K" Street NE, Auburn, WA Mr. Corbin spoke regarding Comprehensive Plan Map Amendment 4, which was addressed at the November 3, 1997 public hearing on the Comprehensive Plan amendments. Mr. Corbin spoke against the proposed plan for a manufactured home park on 'T' Street NE. Laurie Lane, 1204 31st Street NE, Auburn, WA Ms. Lane spoke regarding Comprehesnsive Plan Map Amendment 4. She expressed concern with the proposed manufactured home park on "1" Street NE and a single access to the park. She expressed concern with the impact that further development will have on the community's schools. She distributed copies of an article taken from the November 16, 1997 issue of the Seattle Times regarding the sale of a mobile home. She urged the Council to deny Comprehensive Plan Map Amendment 4. Mary Suzanne Kuhel, 3108 "L" Street NE, Auburn, WA Ms. Kuhel spoke regarding Comprehensive Plan Map Amendment 4. She recalled that on October 20, 1997, the City Council adopted Resolution No. 2878 which approved the preliminary plat of a 22-1ot single-family subdivision located on the east of 'T' Street NE and south of 40th Street NE. The preliminary plat approved by Resolution No. 2878 is approximately one-half mile from the proposed mobile home park on "1" Street NE. Thomas Milliden, 1205 31st Street NE, Auburn, WA Mr. Milliden spoke regarding Comprehensive Plan Map Amendment 4. Mr. Milliden urged the City Council to designate the area as single-family residential. Mary Urbach, Vandeberg, Johnson & Gandara, 1900 First Interstate Plaza, 1201 Pacific Avenue, Tacoma, WA Ms. Urbach spoke regarding Comprehensive Plan Map Amendment 3 to change the comprehensive plan map Page 18 City of Auburn Council Meetin~l Minutes November 17, t997 designation for property known as Terrace View. She recalled that at the public hearing held November 3, 1997, a question arose regarding whether a comprehensive plan amendment could be conditionally approved based upon a preannexation agreement. She reported that according to a state growth management official, the City can adopt a comprehensive plan amendment conditioned upon a preannexation agreement. Councilmember Wagner inquired whether the City Council must cite specifics of the preannexation agreement or cite an acceptable preannexation agreement as approved by Council. Senior Planner Sokol responded that the City Council could vote to approve the comprehensive plan amendment which would go into effect when a preannexation agreement is signed and approved by the two parties. Planning and Community Development Director Krauss clarified that the City can condition the comprehensive plan amendment on entering into a preannexation agreement. However, there should not be an expectation that the City will enter into a preannexation agreement, If a preannexation agreement is entered into between the City and the Terrace View property owners, then the comprehensive plan amendment would go into effect. Ms. Urbach expressed her hope that the spirit of cooperation would continue between the City and the developer of Terrace View in the discussions regarding a preannexation agreement. City Attorney Reynolds advised that there has been a request for a preannexation agreement. The City's Legal Department does not recommend entering into a preannexation agreement. In response to a question from Councilmember Poe, City Attorney Reynolds explained there appears to be an expectation that the comprehensive plan amendment is dependent upon an agreeable preannexation agreement. Discussions of a preannexation agreement have been Page 19 City of Auburn Council Meetin,Q Minutes November 17, t997 between the applicant and the Planning Department staff. At this time, legal counsel does not recommend a preannexation agreement. Mary Urbach Ms. Urbach explained that the subject of a preannexation agreement is neutral. If the expectation is that a preannexation agreement will not be considered, the application should perhaps withdraw its request for a comprehensive plan amendment and pursue a preannexation agreement. She hoped that both parties could continue to discuss and reach a mutually agreeable preannexation agreement. Virginia Haugen, 2503 "R" Street SE, Auburn, WA In response to a question from Ms. Haugen regarding the Terrace View proposal, City Attorney Reynolds explained that there appeared to be an expectation of successfully working out a preannexation agreement. Although a preannexation agreement may be achieved, there should not be an expectation that a successful agreement will be reached. Vern Needham, 3107 "L" Street NE, Auburn, WA Mr. Needham spoke regarding proposed Comprehensive Plan Amendment 4. He asked whether a geophysical study has been performed on the proposed site for the mobile home park, and if not, will one be performed. Senior Planner Sokol advised that a geotechnical study has not been performed for the site yet. However, if during a development review and the SEPA process, it may determined that one is necessary prior to development. Marlea Needham, 3107 "L" Street NE, Auburn, WA Ms. Needham asked who would make the determination for a geotechnical study. Planning and Community Development Director Krauss advised that he has been designated as the City's SEPA official, and he makes a determination based upon City staff comments. Subsequently, the SEPA document is published for review and comment by interested parties. Mr. Krauss advised that parties can appeal an environmental determination to the Page 20 City of Auburn Council Meetin~ Minutes November '17, t997 Hearing Examiner and ultimately to the City Council. Further appeals beyond the City Council determination would be through superior court. Councilmember Poe requested a brief review of the Parks and Receation Plan as proposed under Comprehensive Plan Policy/Text Amendment 8. Parks and Recreation Director Deal explained that the intent of the Park Plan is to provide a tool to guide the City in its development of the park system. The most current Park Plan was completed in 1986. In order to apply for grant funding, the City must have a Park Plan approved on a six-year cycle. Without an approved Park Plan, the City cannot secure outside funding. The Park Plan gives the City direction in meeting the community's needs for park and recreation facilities and programs. If the Park Plan is approved, the City will be able to apply to the Interagency Committee for Outdoor Recreation for state grant funding next spring. He recognized that after completion of the City's Capital Facilities Plan next summer, changes may need to be made in the Park Plan next year. The Plan does not bind the City to any park impact fees. Impact fees would be considered separately. Councilmember Barber spoke in favor of Comprehensive Plan Map Amendment 7 to designate the Stewart property as Light Industrial, and expressed support for the annexation of the property to the city. Vircdnia Haugen, 2503 "R" Street SE, Auburn, WA Ms. Haugen complimented the City's park system. However, she expressed concern that the City's recreational vehicle (RV) park prohibits groups of less than four from renting space at the RV park. She also spoke in favor of not spending funds to improve the Olson Canyon park area. MOTION TO CLOSE THE PUBLIC HEARING CARRIED UNANIMOUSLY. 6-0. Motion by Councilmember Wagner, second by Councilmember Borden to adopt Comprehensive Plan Map Amendment 1. Page 21 City of Auburn Council Meetinn Minutes November 17, 1997 MOTION CARRIED UNANIMOUSLY. 6-0. Motion by Councilmember Borden, second by Councilmember Wagner to adopt Comprehensive Plan Map Amendment 2. MOTION CARRIED UNANIMOUSLY. 6-0. Motion by Councilmember Borden, second by Councilmember Singer to adopt Comprehensive Plan Map Amendment 3 and have it go into effect when and if the City develops a preannexation agreement with the developers. MOTION CARRIED UNANIMOUSLY. 6-0. Motion by Councilmember Borden, second by Councilmember Wagner to approve the amendment for the City-owned area located east of "1' Street NE, to deny and take no action on the remainder of the area identified in part "B" of proposed amendment 4, and to approve the changes recommended by Mr. Sokol during his staff presentation. MOTION CARRIED UNANIMOUSLY. 6-0. Motion by Councilmember Borden, second by Councilmember Barber to approve Comprehensive Plan Map Amendment 5 with changes recommended by Mr. Sokol during his staff presentation. MOTION CARRIED UNANIMOUSLY. 6-0. Motion by Councilmember Borden, second by Councilmember Wagner to adopt Comprehensive Plan Map Amendment 6 excluding Map 2 since no notice was given to the current owner. MOTION CARRIED UNANIMOUSLY. 6-0. Councilmember Borden indicated it is in the City's best interest to come to an agreement with King County regarding the Stewart parcel and the annexation area Page 22 City of Auburn Council Meetin;I Minutes November 17, 1997 around it. She fears designating the Stewart property as Light Industrial at this time may affect the agreement between the City and the county. Motion by Councilmember Borden to deny Comprehensive Plan Map Amendment 7. MOTION DIED FOR LACK OF A SECOND. Motion by Councilmember Barber, second by Councilmember Wagner to adopt Comprehensive Plan Map Amendment 7 to retain the City's current potential annexation area and designate the Stewart property parcel as Light Industrial. MOTION CARRIED. 5-1. Councilmember Borden voted no. Motion by Councilmember Borden, second by Councilmember Wagner to adopt Policy/Text Amendment 1. MOTION CARRIED UNANIMOUSLY. 6-0. Motion by Councilmember Borden, second by Councilmember Wagner to adopt Comprehensive Plan Policy/Text Amendment 2. MOTION CARRIED UNANIMOUSLY. 6-0. Motion by Councilmember Borden, second by Councilmember Wagner to adopt Comprehensive Plan Policy/Text Amendment 3. Councilmember Poe questioned whether a portion of the language in Amendment 3 which reads, "The City of Auburn shall require annexation as a condition of extending sewer and water" should instead read "require an annexation agreement." Mr. Sokol explained that the language applies to those properties applying for utility services and located adjacent to the city limits. MOTION CARRIED UNANIMOUSLY. 6-0. Page 23 City of Auburn Council Meeting Minutes November 17, 1997 Motion by Councilmember Borden, second by Councilmember Wagner to adopt Comprehensive Plan Policy/Text Amendment 4. Councilmember Poe questioned the minimum building size of 5,000 square feet for drive-in facilities in the Auburn North Business Area Plan. Planning and Community Development Director Krauss explained that many of the banking institutions are in excess of 5,000 square feet and many of the drive-in restaurants are less than 5,000 square feet. Senior Planner Sokol added that the purpose of the amendment is to prevent small drive-up businesses such as espresso stands and film processing booths. MOTION CARRIED UNANIMOUSLY. 6-0. Motion by Councilmember Borden, second by Councilmember Wagner to adopt Comprehensive Plan Policy/Text Amendment 6. MOTION CARRIED UNANIMOUSLY. 6-0. Motion by Councilmember Borden, second by Councilmember Singer to adopt Comprehensive Plan Text/Policy Amendment 7 with the amendments suggested by Mr. Sokol. MOTION CARRIED UNANIMOUSLY. 6-0. Motion by Councilmember Borden, second by Councilmember Wagner to adopt Comprehensive Plan Policy/Text Amendment 8. MOTION CARRIED UNANIMOUSLY. 6-0. Motion by Councilmember Borden, second by Councilmember Wagner to adopt Comprehensive Plan Policy/Text Amendment 9. MOTION CARRIED UNANIMOUSLY. 6-0. Page 24 City of Auburn Council Meetinn Minutes November 17, 1997 Motion by Councilmember Borden, second by Councilmember Wagner to adopt Comprehensive Plan Policy/Text Amendment 10. MOTION CARRIED UNANIMOUSLY. 6-0. B. Audience Participation Paula Thrush, Ms.Thrush advised that traffic counts have not been done on Lea Hill since 1992, and new traffic counts will be performed and their results should be available by December 10. Ms. Thrush announced that King County's final report for the Transfer of Development Rights Receiving (TDR) Areas Plan. She presented a copy of the Final Plan to the City Council. She pointed out that the properties that will receive 100% densities are the west hill of Renton, Kent, and all of Lea Hill. She urged the Council to assist in convincing King County to remove Lea Hill as a TDR area. Deanne Gribble, 3104 "L" Street NE, Auburn, WA Ms. Gribble thanked the City Council for their action on Comprehensive Plan Map Amendment 4 this evening. She questioned the process to begin the rezone of the "1" Street property as single family. Senior Planner Sokol explained that before a rezone can be accomplished, the Comprehensive Plan would need to be changed. Changes to the Comprehensive Plan are done once a year. He suggested that she put her recommendations in writing to the Planning Department so that it may be considered by Council next year. Virginia Haugen, 2503 "R" Street SE, Auburn, WA Ms. Haugen expressed concern with the City's 1998 Budget, taxes, and the development taking place in Auburn. She commended the police and fire departments, and she urged the. City Council to make public safety a priority. Carolyn Wilson, 31"t Street NE, Auburn, WA Ms. Wilson thanked the City Council for their vote on Comprehensive Plan Map Amendment 4, and for the opportunity to speak before the Council this evening. She also thanked the Fire Page 25 City of Auburn Council Meetinn Minutes November 17, 1997 Department for their response to a recent false alarm at her residence. C. Correspondence 1. A letter dated November 11, 1997, addressed to Mayor Booth and Council Members from Peter Frame for the North Auburn Owners regarding pending City of Auburn - Port of Seattle Interlocal Agreement. 2. A letter dated November 17, 1997, addressed to Mayor Booth and members of the City Council from Michael A. Hart regarding the Comprehensive Plan amendments. Ill. COUNCIL COMMITTEE REPORTS A. Municipal Services Vice Chair Poe reported the Municipal Services Committee met this afternoon at 4:30 p.m. The Committee recommends authorizing a call for bids for a new triple combination pumper for the Fire Department. The next regular meeting of the Municipal Services Committee is scheduled for Monday, December 1, 1997 at 4:30 p.m. B. Planning & Community Development Chair Barber reported the Planning and Community Development Committee met November 10, 1997. The Committee discussed several items which appear later on tonighrs agenda. The next regular meeting of the Planning and Community Development Committee is scheduled for November 24, 1997 at 7:30 p.m. C. Public Works Chair Wagner reported the Public Works Committee met November 10, 1997 and discussed and recommended approval of several items that appear on this evening's agenda. The Committee also met in a special session this evening at 5:00 p.m. to review the capital projects included in the 1998 Budget. The next regular meeting of the Public Works Committee is scheduled for Monday, November 24, 1997 at 5:00 p.m. Page 26 City of Auburn Council Meetinn Minutes November t7, 1997 D. Finance Chair Barber reported the Finance Committee met this evening at 7:00 p.m. The Committee discussed Ordinance Nos. 5045, 5046, and 5047 and Resolution Nos. 2885 and 2890 as they appear on this evening's agenda. The Committee also reviewed and recommended approval of claims and payroll vouchers. IV. CONSENT AGENDA A. Minutes 1. Minutes of the November 3, 1997 regular City Council meeting. B. Vouchers F4.9,2, F4.9.5 1. Claims Claims check numbers 127754 through 128101 in the amount of $1,347,077.16 for Period 11 and dated November 17, 1997. 2. Payroll Payroll check numbers 242259 to 242520 in the amount of $835,201.17 and electronic deposit transmissions in the amount of $460,669.58 for a grand total of $1,295,870.75 for the pay period covering October 29, 1997 to November 13, 1997 are approved for payment this 17th day of November, 1997. C. Call for Public Hearin.el 1. Draft Telecommunications Ordinance O3.10.9, 04.0 City Council to call for a public hearing to be held on December 1, 1997 on a draft ordinance regulating commercial wireless telecommunication facilities on City- owned property and within public rights of way, and other ordinances related to telecommunications. Page 27 City of Auburn Council Meeting Minutes November 17, 1997 D. Contract Administration 1. Public Works Project Number PR 580 O4.8.1 PR 580 City Council to award Contract No. 97-25, Public Works Project Number PR 580, South Central Storm Drainage Improvements, to Tri-State Construction, Inc. on their low bid of $747,781.00 plus Washington State sales tax. 2. Public Works Project Number PR 623 O4.11.1 PR623 City Council to award Contract No. 97-24, Public Works Project Number PR 623, Coal Creek Springs Nodh Collection Improvement, to Tri-State Construction on their low bid of $794,395.00 plus Washington State sales tax, and accept that the bidder not signing for the receipt of Addendum #2 on the bid proposal is not significant. 3. Public Works Project Number PR 576 O4.9.1 PR 576 City Council to accept the project and approve Final Pay Estimate No. 5 to Apply-A-Line for Public Works Contract Number 96-15, Project Number PR 576, 1996 Channelization, in the amount of $264.29. 4. Public Works Project Number 529 O4.9.1 PR 529 City Council to approve Change Order No. I in the amount of $4,500.00; and accept the project and approve Final Pay Estimate No. 1 to Brad Mason Trucking & Excavating, Inc. for Public Works Contract Number 97-09, Project Number PR 529, the Demolition of the BaxterNVhalley Residences, in the amount of $47,567.94. E. Call for Bids 1. Fire Department Triple Combination Pumper City Council authorize the fire department to call for bids for a triple combination pureper with 65-foot telescopic water tower/aerial ladder. Page 28 City of Auburn Council Meetinn Minutes November 17, 1997 Motion by Councilmember Barber, second by Councilmember Singer to approve the Consent Agenda as modified. MOTION CARRIED UNANIMOUSLY. 6-0. V. UNFINISHED BUSINESS There were no items for City Council review under this section. VI. NEW BUSINESS A. Development Agreement Number WSC0011-96 A3.13.8 City Council to consider approval of Addendum I to Development Agreement No, WSC0011-96 between the City and William Finkbeiner for approximately 32.8-acres to include dedication of the Bonneville Power line easement for future park purposes. Motion by Councilmember Borden, second by Councilmember Wagner to approve Addendum I to the development agreement, and to instruct the City Attorney to prepare the necessary ordinance. MOTION CARRIED UNANIMOUSLY. 6-0. VII. ORDINANCES AND RESOLUTIONS A. O~inances 1. Ordinance No. 5045 F6.6.3, F3.12 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the levy of regular property taxes by the City of Auburn for collection in 1998, representing an increase over regular property taxes levied for collection in 1997. Motion by Councilmember Barber, second by Councilmember Poe to introduce and adopt Ordinance No. 5045. MOTION CARRIED UNANIMOUSLY. 6-0. Page 29 City of Auburn Council Meetincl Minutes November 17, 1997 2. Ordinance No. 5046 F6.6.3, F3.12 An Ordinance of the City Council of the City of Auburn, Washington, fixing the amount to be raised by ad valorem taxes for fiscal year 1998 for the City of Auburn, Washington, pursuant to the provisions of R.C.W. 35A. 33.135. Motion by Councilmember Barber, second by Councilmember Singer to introduce and adopt Ordinance No. 5046. MOTION CARRIED UNANIMOUSLY. 6-0. 3. Ordinance No. 5047 F3.12 An Ordinance of the City Council of the City of Auburn, Washington, adopting the budget for the City of Auburn, Washington, for the year 1998. Motion by Councilmember Barber, second by Councilmember Singer to introduce and adopt Ordinance No. 5047. MOTION CARRIED UNANIMOUSLY. 6-0. B. Resolutions 1. Resolution No. 2885 A3.12.5 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a contract for public defense services for 1998-1999 between the City and Jenkins, Hardy and Associates, P.L.L.C. Motion by Councilmember Barber, second by Councilmember Singer to adopt Resolution No. 2885. MOTION CARRIED UNANIMOUSLY. 6-0. Page 30 City of Auburn Council Meetinq Minutes November 17, 1997 2. Resolution No. 2886 A1.7, F5.3, O4.10 A Resolution of the City Council of the City of Auburn, Washington, authorizing execution of Commute Trip Reduction Act Interlocal Agreement between King County and the City of Auburn to allocate to the City its proportionate share of state technical assistance funding for reimbursement costs for implementing a Commute Trip Reduction Plan and to continue a cooperative approach between the City and County and to address interjurisdictional issues. Motion by Councilmember Wagner, second by Councilmember Poe to adopt Resolution No. 2886. MOTION CARRIED UNANIMOUSLY. 6-0. 3. Resolution No. 2887 A1.3 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute the 1997 Service Agreement between the City of Auburn and the Economic Development Council of Seattle and King County. Motion by Councilmember Borden, second by Councilmember Wagner to adopt Resolution No. 2887 and authorize the contract between the City and the Economic Development Council of Seattle and King County. MOTION CARRIED UNANIMOUSLY. 6-0. 4. Resolution No. 2888 04.4.9.1.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Engineering Service Contract with W&H Pacific, Inc., for North Hangar Area Improvements at the Auburn Municipal Airport. Motion by Councilmember Borden, second by Councilmember Wagner to adopt Resolution No. 2888 and Page 31 City of Auburn Council Meeting3 Minutes November 17, 1997 authorize the contract between the City of Auburn and W & H Pacific. MOTION CARRIED UNANIMOUSLY. 6-0. 5. Resolution No. 2890 O3.4.1.4 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Agreement for Professional Services between Henderson, Young & Company and the City of Auburn, to update the existing Capital Facilities Plan for the City of Auburn. Motion by Councilmember Barber, second by Councilmember Singer to adopt Resolution No. 2890. MOTION CARRIED UNANIMOUSLY. 6-0. VIII. MAYOR'S REPORT A. Executive Session Mayor Booth recessed the meeting to executive session at 10:33 p.m. for approximately fifteen minutes in order to discuss litigation. Mayor Booth indicated no action is anticipated this evening as a result of the executive session. Mayor Booth reconvened the meeting at 10:47 p.m. IX. ADJOURNMENT There being no further business to come before the Council this evening, the meeting adjourned at 10:47 p.m. Approved on the / 2-(" day of ~ ,1997. Charles A. Booth, Mayor Danielle E. Daskam, City Clerk 97m11-17 Page 32