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HomeMy WebLinkAbout07-22-1998 CITY OF AUBURN COUNCIL MEETING AGENDA July 20, 1998 7:30 p.m. Continued To Meet On July 22, 1998 7:30 p.m. I. CALL TO ORDER Mayor Booth reconvened the July 20, 1998 City Council meeting on Wednesday July 22, 1998 at 7:30 PM in the Auburn City Hall Council Chambers. A. Flag Salute Mayor Booth led those in attendance in the Pledge Allegiance. B. Roll Call Mayor Booth and the following Councilmembers were present: Pete Lewis, Sue Singer, Trish Borden, Jeanne Barber, Fred Poe, Gene Cerino, and Rich Wagner. Staff members present included: Police Chief Dave Purdy, Battalion Chief Dan Bosch, Personnel Director Brenda Heineman, Parks and Recreation Director Dick Deal, Finance Director Diane L. Supler, Financial Operations Manager Sherri Crawford, Public Works Director Christine Engler, Special Project Engineer Jack Locke, Traffic Engineer Steve Mullen, Senior Engineer Dennis Selle, Planning and Community Development Director Paul Krauss, Assistant Planning Director Lynn Rued, Senior Planner Bob Sokol, Intergovernmental Affairs Manager Lisa Clausen, Assistant City Attorney Judith Ausman, Deputy City Clerk Cathy Richardson, and City Clerk Danielle Daskam. C. Announcements and Appointments Please refer to the July 20, 1998 minutes for announcements and appointments. D. Agenda Modifications Agenda modifications to the July 20, 1998 agenda which were submitted on July 22, 1998 include the June 16, 1998 Hearing Page 1 City of Auburn Council Meetin.Q Minutes July 22, 1998 Examiner minutes transmitted under Item II.A.3 of these minutes, correspondence and the June 16, 1998 Hearing Examiner minutes transmitted under Item II.A.4 of these minutes, and correspondence transmitted under Item II.C.4 of these minutes. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearincls 1. Application No. V-02-97 03.9 A petition to vacate that portion of "J" Street SE (Main to 2nd Street SE), within the city of Auburn, Washington, has been filed by two-thirds or more of the abutting property owners. Public comments are invited on the petition for vacation. Mayor Booth reopened the public hearing on Application No. V-02-97. The hearing was continued from the July 20, 1998 Council meeting. Dick Burkhart, 4802 South Othello Steet, Seattle, WA Mr. Burkhart identified himself as the previous owner of property at 129 "J" Street SE in Auburn. He spoke on behalf of current property owners along the west of "J" Street SE between Main Street and 2"u Sreet SE. Mr. Burkhart explained that "J" Street SE contains 60 feet of right-of-way, 20 feet of which is non-roadway. Over the years, some of the homes on the block, including his previous residence, were extended into the City right-of-way. He requested the City Council approve the vacation of five feet of right-of-way along "J" Street SE between Main and 2"u Street SE. David Spencer, 126 "1" Street SE, Auburn, WA Mr. Spencer identified himself of the owner of Lot 11 where his house fronts on "1" Street SE. He expressed concern that the public right-of-way extends 20 feet on the rear of his property. Councilmember Wagner moved and Councilmember Wagner seconded to close the public hearing. Page 2 City of Auburn Council Meetin;I Minutes July 22, 1998 Councilmember Poe inquired whether the City is legally required to receive compensation from the adjacent property owners for the property vacated. Assistant City Attorney Ausman advised that the statute allows but does not mandate the City Council to receive compensation from the adjacent property owners. MOTION CARRIED UNANIMOUSLY. 7-0. Assistant City Attorney Ausman read the title of Ordinance No. 5116. Councilmember Wagner moved and Councilmember Cerino seconded to introduce and adopt Ordinance No. 5116. MOTION CARRIED UNANIMOUSLY. 7-0. . 2. Local Improvement District No. 347 Final Assessment Roll F2.4.9 A public hearing for the purpose of receiving public comments from any person desiring to object to any assessment appearing on the final assessment roll for Local Improvement District No. 347 as ordered by Ordinance No. 4955 for the purpose of street improvements including 24 foot pavement, curb and gutters, sidewalk, driveways, water, sewer stubs for future extension, storm drainage, lighting and undergrounding existing power to "B" Street NW and other improvements related thereto. For clarification of these minutes, the hearing on Local Improvement District No. 347 was reopened immediately following Item I.D. of these minutes. Mayor Booth reopened the public hearing, which had been continued from July 20, 1998. Mayor Booth introduced Steve DiJulio, attorney with the law firm of Foster Pepper and Shefelman. Steve DiJulio, Foster Pepper and Shefelman Mr. DiJulio identified himself as special counsel to the City Council regarding Local Improvement District (LID) No. 347. Mr. DiJulio explained that the hearing on LID 347 was Page 3 City of Auburn Council Meeting Minutes July 22, 1998 opened on July 20, 1998 at which time the City Council acknowledged the receipt of correspondence from Rodgets Deutsch and Turner for certain property owners, a letter from D. M. Young Construction Company, and a letter from Davis Wright Tremaine relating to Lumbermen's property. Mr. DiJulio advised that the property owners, who have submitted correspondence regarding the final assessment roll hearing for LID 347, and the City request that the City Council continue the hearing to August 3, 1998. Mayor Booth called for further comments from the audience regarding LID 347. No one in the audience requested to speak regarding LID 34. In response to a question from Councilmember Poe, Mr. DiJulio identified the property owners who requested a continuance of the hearing to August 3, 1998, to include the property owners represented by Rodgers Deutsch and Turner, D. M. Young Construction Company, and Lumbermen's represented by the law firm of Davis Wright and Tremaine. The reason for the continuance is that the City and the property owners represented by Rodgers Deutsch and Turner need additional time to negotiate a potential settlement. The assessment numbers of the property owners requesting a continuance are: Parcel 1, property owner Alvis; Parcel 4, property owner Executive House; Parcel 5, Strand and Chadeck; Parcel 6 and 7, property owner Keller; Parcel 8, property owner T & S Development; Parcel 9, property owner D.M. Young Construction; Parcels 10, 11 and 12, property owners Rodger and Joan Overson; Parcel 13, property owner Stobie & Trussler; Parcels 14 and 15, property owner T & S Development; Parcel 2, property owners Floyd and Sandra Darrow; and Parcel 3, property owner Lumbermen's of Wasington. Councilmember Lewis moved and Councilmember Singer seconded to continue the public hearing on LID 347 to August 3, 1998. Mr. DiJulio advised there would be no additional publication costs related to the continuance. Page 4 City of Auburn Council Meeting Minutes July 22, 1998 MOTION CARRIED UNANIMOUSLY. 7-0. 3. Application No. REZ0004-98 03.8 The following is a closed record hearfng where comments are limited to the existing record and no new evidence or information is allowed to be submitted. The request of Les Schwab Tire Center for a rezone of property located at the northwest corner of "1" Street NE and 26th Street NE from R-4, multi-family residential, to C-3, heavy commercial. Assistant Planning Director Rued presented the staff report on Application No. REZ0004-98. The .24 acre parcel of property in question is owned by the City and was acquired as part of the "1" Street Improvement Project. The City has a Purchase and Sale Agreement with Les Schwab Tires for the property. Les Schwab intends to use the parcel for parking purposes. The parcel is adjacent to a parcel of property zoned C-3 where Les Schwab plans to construct a new tire store. The Hearing Examiner has recommended approval of the rezone with conditions for use of the property for parking for automobiles and ten feet of Type II landscaping on the north, east and south sides of the parcel. Mayor Booth reopened the public hearing on Application No. REZ0004-98, which was continued from July 20, 1998. Amy Kosterlitz, 1011 Western Avenue, Seattle, WA Mr. Kosterlitz identified hereelf as legal counsel and representive for Les Schwab Tire Store regarding Application No. REZ0004-98. She referred to her letter to the Mayor and City Council dated July 15, 1998 summarizing her legal arguments in favor of the rezone. She advised that representatives of Les Schwab Tire are in attendance this evening to answer Council questions. She explained the .24 acre parcel requested for rezone is adjacent to a much larger parcel already zoned C-3 and upon which Les Schwab plans to construct a store. The rezone is requested to provide off-street parking on the .24 Page 5 City of Auburn Council Meeting Minutes July 22, 1998 acre parcel. She advised that Les Schwab has agreed with the conditions placed on the rezone request by the Hearing Examiner. She pointed out that the City and public will be able to address all aspects of the tire store proposed for the adjacent property at the time the application for the store is submitted. She advised that the applicant is already in discussions with neighbors to resolve community concerns prior to the environmental review for the store. In response to a question from Councilmember Borden, Ms. Kosterlitz responded that the applicant has been in discussions with adjacent property owners regarding additional berming and landscaping on the Les Schwab Tire property which fronts on 26th Street NE. She identified the area for additional landscaping and berming on the site plan. Councilmember Wagner inquired whether the parcel is required in order to make the tire store a viable project. Ms. Kosterlitz advised the additional parcel makes the project a better functioning facility, but a final decision would be made at a corporate level. Greg McVell, LS Construction Company, PO Box 667, Prineville, Oregon Mr. McVell identified himself as the architect for Les Schwab Tire. Mr. McVell responded to a question from Councilmember Borden regarding the location of the store doors. Mr. McVell identified the store doors on the site plan. Frank Gaines, 26 Riverview Drive NE, Auburn, WA Mr. Gaines owns two duplexes on 26th Street and located across the street from the proposed rezone. He expressed concern with additional traffic on 26t~ Street and requested that two ingress/egresses to the property be eliminated. Mr. Gaines expressed concern with noise created by the facility and requested the construction of a noise buffer. Mr. Gaines also spoke regarding the impact the facility will have on the residential neighborhood and the property values. Ken Snell, 2516 'T' Street NE, Auburn, WA Page 6 City of Auburn Council Meetinn Minutes July 22, 1998 Mr. Snell advised that he lives in the vicinity of the subject parcel of property. He questioned the need for additional parking for the proposed Les Schwab Tire Store. He expressed concern with the negative impact on the neighborhood and property values. Councilmember Borden moved and Councilmember Singer seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. At the request of Councilmember Borden, Assistant Planning Director Rued explained the SEPA process for the proposed Les Schwab Tire Store. The project application will be accompanied by an environmental checklist, which will address noise, air quality, and other elements. The City will likely require the applicant to conduct a traffic study and noise study also. The City will determine whether to impose conditions based on the impacts. The neighbors will be advised of the application and given an opportunity to comment on the application. The City then issues a threshold determination that is appealable to the Hearing Examiner. Councilmember Borden noted that the majority of objections to the rezone relate to the visual impact and noise from the proposed land use on the other parcel. She suggested additional landscaping for the parcel requested for rezone. Councilmember Borden moved to approve the rezone with the condition of increased landscaping in the form of a berm described by the applicant this evening and instruct the City Attorney to prepare the necessary ordinance. Councilmember Poe seconded the motion. Councilmember Poe spoke in favor of the rezone and the landscaping conditions. Councilmember Cerino spoke in favor of the rezone application. Page 7 City of Auburn Council Meeting Minutes July 22, 1998 Councilmember Wagner recollected discussion by the Planning Commission when the Comprehensive Plan Map was developed regarding the sensitiveness of the residential neighborhood in the vicinity of 26th and "1" Street. He spoke for denying the rezone and encouraging the applicant to bring forward a specific plan for development of the parcel and the adjacent property. Councilmember Barber spoke in favor of the rezone. Assistant City Attorney Ausman requested clarification of the additional landscaping requirement. Amy Kosterlitz, representing Les Schwab Tire, offered to increase the landscaping with a four to five foot berm. Councilmember Borden accepted the clarification. MOTION CARRIED. 6-1. Councilmember Wagner voted no. 4. Application No. PLT0002-98 03.8 PLT0002-98 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 Zions Securities for preliminary plat approval for 33-1ot single-family subdivision to be known as Lakeland Hills Division 5B located in the southern portion of the Lakeland Hills Development. Assistant Planning Director Lynn Rued presented the staff report on Application No. PLT0002-98. The proposed plat is located in the southern portion of Lakeland Hills development. The plat will connect the "stub" streets of Highland Drive to make Highland Drive a through street. The plat contains some steeper slopes and will require a fair amount of excavation and filling. The length of the new street will be in excess of 1,100 feet. The Land Division Ordinance requires that for streets that exceed a length of 660 feet between intersections, a pedestrian walkway shall be provided in order to provide pedestrian access to adjoining neighborhoods. The applicant has requested the Page 8 City of Auburn Council Meetin~l Minutes July 22, t998 City delete the requirement for a pedestrian walkway due to the extreme slope, security, and connectivity. Assistant City Attorney Ausman advised that the third drawing which accompanies correspondence dated July 16, 1998 from Pacific Engineering Design, Inc. and which refers to Americans with Disabilities Act Standards should not be considered during these deliberations. Staff recommends deleting the pedestrian walkway due to potential liability and maintenance issues. Using an overhead, Mr. Rued displayed a cross section of the walkway depicting the number of steps and slope of the walkway. The eastern portion of the walkway contains 17 steps and an 11% grade for the remaining portion of the walkway. The western portion of the walkway is at 55% grade. Councilmember Wagner pointed out that the scale is twice as wide as it is high and the slopes depicted are less than they appear. In response to questions from Councilmember Wagner, Mr. Rued advised that the City's Land Division Ordinance requires a ten foot walkway dedicated to the City. Councilmember Poe spoke against the City assuming responsibility for maintenance and any liability for the walkway. Parks and Recreation Director Deal advised that the requirement for park land dedication for the plat has already been met by the existing park land and recreation facilities for the Lakeland Hills development. Councilmember Wagner spoke in favor of including the walkway to provide pedestrian accessibility to adjacent neighborhoods. In response to a question from Councilmember Borden, Mr. Rued explained that the height of the stairs is 16-1/2 feet. Handrails and a landing ara required. The slope of the stairs Page 9 City of Auburn Council Meeting Minutes July 22, t998 is 50%. The slope of the trail connecting to the street is 11%. Councilmember Poe questioned whether the lower portion of the trail could be relocated. Mr. Rued advised that the slope would be approximately the same because of the steep topography of the plat. Parks and Recreation Director Deal advised that the City attempts to make the City's park system accessible for all members of the public. The slope of the subject walkway is in excess of the standards for accessibility. Mr. Deal also cautioned that the extreme slope creates some safety issues and may force people into the roadway. Mayor Booth reopened the public hearing, which was continued from July 20, 1998. There were no requests from the audience to speak regarding Application No. PLT0002- 98. Councilmember Borden moved and Councilmember Singer seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Borden moved and Councilmember Wagner seconded to approve the Hearing Examiner decision with a condition to include the trail in the plat. Councilmember Borden found that the trail should be maintained per Comprehensive Plan Policy Nos. TR 32, TR 21, TR 37, TR 37, TR 39, and TR 43, and also pursuant to City Land Division Ordinance Section 17.12.070, and substantial public support for the trail. MOTION CARRIED. 4-3. Councilmembers Barber, Poe and Singer voted no. Page 10 City of Auburn Council Meetin,q Minutes July 22, 1998 5. Interlocal Agreement between King County and the City of Auburn regardina Potential Annexation Area Designation O3.4.1.12 Public comments are invited regarding an Interlocal Agreement between King County and the City of Auburn regarding Potential Annexation Area designation and future Service provision. In 1995, the City adopted its potential annexation areas as part of its Comprehensive Plan and has signed intergovernmental agreements with the cities of Kent, Federal Way, Pacific and Sumner establishing the boundaries of the potential annexation areas. Through this agreement King County will also recognize those boundaries. Under this agreement, however, Auburn will not annex land within the Lower Green River Agricultural Production District until it adopts a natural resource/agricultural zoning district and establishes a transfer of development rights program for that area. Senior Planner Bob Sokol presented the staff report on the Interlocal Agreement. Mr. Sokol introduced Mr. Paul Rietenbach from King County in attendance. Mr. Sokol referred to a map depicting the Potential Annexation Areas for the City of Auburn. In 1994, the City of Auburn entered into Interlocal Agreements with surrounding cities establishing potential annexation areas and ensuring that there were no unclaimed, unincorporated islands in the vicinity of the City of Auburn, as required by King County Countywide Planning Policies. Since that time, the City has been in negotiations with King County for an agreement recognizing the Potential Annexation Area boundaries. The County has agreed to an agreement provided annexations into the portion of the Potential Annexation Area contained within the Lower Green River Agricultural Production District will not be allowed until the City's adopts a natural resource protection district. The City will also need to adopt a Transfer of Development Rights program for that area. Once the agreement is signed, the City and the County can move forward on a service agreement. Mr. Sokol emphasized that the proposed agreement does not directly result in the annexation of any land. The proposed Page 11 City of Auburn Council Meetin¢l Minutes July 22, 1998 agreement specifically prevents annexation by the City at this time. Councilmember Wagner questioned the effect of a Transfer of Development Rights program. Mr. Sokol explained that a Transfer of Development Rights program allows property owners in that area to transfer some of their development rights to parcels outside the area. He estimated that approximately 10 to 12 housing units would be eligible under the Transfer of Development Rights program. Councilmember Singer expressed concern with a Transfer of Development Rights program since the City Council has already taken of position against Transfer of Development Rights receiving areas on Lea Hill. Councilmember Poe expressed concern with a Transfer of Development Rights program and suggested removing it from the agreement. Mr. Sokol advised that the Growth Management Act and the Countywide Planning Polices require a Transfer of Development Rights program. Paul Reitenbach, 2242 NE 13th Court, Sammamish, WA Mr. Reitenbach explained that he works for King County Executive Sims in the Office of Budget and Strategic Planning. Mr. Reitenbach also confirmed that the Transfer of Development Rights is a statutory requirement. He pointed out that the proposed Interlocal Agreement requires the City to have a Transfer of Development Rights program but does not require the City to use it. Councilmember Cerino expressed concern with a Transfer of Development Rights program and objected to the County mandating the zoning for the property. Mr. Reitenbach advised that the property in question has long-standing zoning that establishes the uses allowed for the property. The Transfer of Development Rights program is a voluntary program for the property owners. Page 12 City of Auburn Council Meeting Minutes Julv 22, 1998 Planning Director Paul Krauss advised that the City is obligated by state law to have a Transfer of Development Rights program. The program referred to in the proposed agreement affects only a small area of the city and would be completely managed by the City. The program would give property owners options they do not presently have and is voluntary for the property owner. Mr. Krauss pointed out that the Transfer of Development Rights program referred to in the agreement has no association with King County's Transfer of Development Rights program which includes rural transfers to urban areas. Mr. Reitenbach added that once the Interlocal Agreement for Potential Annexation Areas is approved, the City and County could begin work on service agreements for the potential annexation areas. Councilmember Singer questioned the advantages of annexing the Agricultural Production District. Mr. Sokol suggested designating it for use as storm detention and wetland mitigation sites. Mr. Krauss added that King County does not allow the use of property within the Agricultural Production District for wetland mitigation. Mayor Booth reopened the public hearing which had been continued from July 20, 1998. Jim Hudson, 12224 NE 8th, Bellevue, WA Mr. Hudson explained that he owns property in Auburn. He questioned whether only 157 acres of the Potential Annexation Area would have Transfer of Development Rights. He also questioned the benefit of annexing agricultural preservation area. Mr. Hudson advised that he was a member of citizens advisory committee for the Army Corps of Engineers SAMP Plan. Bob Tidball, 28810 57th Place South, Auburn, WA Mr. Tidball spoke in favor of farmland preservation and protection of agricultural uses. He spoke against King County transferring responsibility for a portion of the agricultural production district to adjacent cities. He spoke Page 13 City of Auburn Council Meeting Minutes July 22, t998 against the City assuming any portion of the Agricultural Production District. Cheryl White, 1512 25th Street SE, Auburn Ms. White reported she is a member of the Rainier Audobon Society. She expressed opposition to the annexation of the Agricultural Production District by the City of Auburn. She spoke in favor of farmland preservation and agricultural uses. Mara Hvman, 6430 South 287th Street, Kent Ms. Hyman explained that her ten acres of property borders the Agricultural Production District. She spoke in favor of preserving the Agricultural Production District. In response to a question from Councilmember Poe, Mr. Sokol explained the Agricultural Production District contains land that has been designated by King County as suitable for agriculture and is zoned for one dwelling unit per ten acres. There are other areas in the Agriculture Production District that are in the Farmland Preservation Program. There are 270 acres in the Agriculture Production District south of 277th Street. Development rights have been purchased for 91-1/2 acres, and this acreage cannot be used for any other purpose other than agriculture. Marie Ash, 41027 264th Avenue SE, Enumclaw, WA Ms. Ash requested an explanation of the Transfer of Development Rights program and whether the proposal this evening will affect her properbj. Ms. Ash owns approximately 60 acres within the Agriculture Production District. Mr. Reitenbach responded that a Transfer of Development Rights and the Agriculture Production District zoning are contained in the King County code. The City of Auburn does not have a Transfer of Development Rights program nor Agriculture Production District zoning. The Interlocal Agreement requires the City to adopt a Transfer of Development Rights program and Agriculture Production District zoning before any of the Agriculture Production District is annexed by the City. The agreement does not Page14 City of Auburn Council Meetin;I Minutes July 22, 1998 affect the zoning of the property since it will remain in unincorporated King County. Mr. Reitenbach explained that a Transfer of Development Rights program would allow Ms. Ash to sell development rights for five of her building sites. In response to a question from Councilmember Singer, Planning Director Krauss advised that no portion of the Agriculture Production District could be used for wetland mitigation until after it is annexed by the City. Councilmember Borden moved and Councilmember Singer seconded to close the public hearing. Councilmember Borden inquired regarding the preservation of agriculture land by the City of Auburn. Planning Director Krauss responded that he envisions a district that would allow agriculture as well as wetland mitigation, stream restoration and other environmental and open space uses. Councilmember Poe spoke against annexation of any portion of the Agriculture Production District. Councilmember Wagner questioned the advantages to proceeding with the Interlocal Agreement. Public Works Director Engler spoke to the need for increased conveyance on Mill Creek. Mr. Sokol stated that King County's Agriculture Production District zone is very restrictive and does not allow the use of the area for any other purpose other than agriculture. Mr. Reitenbach added that it has been difficult to add any flexibility to one particular Agriculture District without considering the other Agriculture Production Districts in the county. Councilmember Wagner questioned whether the Agriculture Production District should be included within the City's Potential Annexation Area. Page 15 City of Auburn Council Meetinn Minutes July 22, t998 In response to a question from Councilmember Cerino, Public Works Director Engler explained that annexation of the property would allow the City to enhance storage and increase conveyance and to obtain more control over the area for the benefit of the City. MOTION TO CLOSE THE PUBLIC HEARING CARRIED UNANIMOUSLY. 7-0. Councilmember Borden moved and Councilmember Singer seconded to return the Interlocal Agreement between King County and the City regarding Potential Annexation Area Designation to the Planning and Community Development Committee for further discussion. MOTION CARRIED UNANIMOUSLY. 7-0. B. Audience Participation Audience participation was previously permitted under the July 20, 1998 minutes. C. Correspondence Additional correspondence was transmitted under the July 20, 1998 minutes. 4. A letter dated July 21, 1998 addressed to the Mayor and City Council from Marguerite Sutherland, President of Preserve Land for Agriculture Now (PLAN). III, COUNCIL COMMITTEE REPORTS A3.7.6 Council Committee reports were given on July 20, 1998. IV. CONSENT AGENDA Consent agenda items were approved on July 20, 1998. V. UNFINISHED BUSINESS There were no items for City Council review under this section. Page 16 City of Auburn Council Meetinn Minutes July 22, 1998 VI. NEW BUSINESS A. Application No. ZOA0003-98 03.4.2.1.2 City Council to consider an amendment to the Auburn Zoning Code to add Section 18.48.110 related to wetland mitigation. Assistant Planning Director Rued explained that the proposed amendment to the Zoning Code provides for wetland mitigation uses. Mr. Rued referred to the construction of the Port of Seattle wetland mitigation project in northeast Auburn. Councilmember Singer moved and Councilmember Borden seconded to approve the amendment to the Zoning Code to add Section 18.48.110 related to wetland mitigation. MOTION CARRIED UNANIMOUSLY. 7-0. B. ADDlication No. PLT0009-90 03.5 PLT0009-90 City Council to consider the request of Opus Northwest for an extension to the preliminary plat of Emerald Corporate Park to July 20, 1999. Councilmember Singer moved and Councilmember Lewis seconded to grant an extension to the preliminary plat of Emerald Corporate Park to July 20, 1999, and instruct the City Attorney to prepare the necessary resolution. MOTION CARRIED UNANIMOUSLY. 7-0. VII. ORDINANCES AND RESOLUTIONS A. Ordinances 1. Ordinance No. 5115 03.5 PLT0001-94 An Ordinance of the City Council of the City of Auburn, Washington, approving the Final Plat of Riverwalk Division No. 6, an 18-1ot single-family subdivision located within the Riverwalk Subdivision that is located south of Howard Road, Page 17 City of Auburn Council Meetin;I Minutes July 22, 1998 in the city of Auburn, Washington, according to the plat on file with the Clerk of the City of Auburn. Assistant City Attorney Ausman read the title of Ordinance No. 5115. Councilmember Borden moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5115. MOTION CARlED. 6-1. Councilmember Wagner voted no. 2. Ordinance No. 5116 03.9 v-02-97 An Ordinance of the City Council of the City of Auburn, Washington, approving the vacation of five (5) feet of street right-of-way along the west side of "J" Street SE (Main to 2nd Street SE), within the city of Auburn, Washington. Ordinance No. 5116 was adopted under Item II.A.1 of these minutes. 3. Ordinance No. 5117 03.10.1 cuPoo01-98 An Ordinance of the City of Auburn, Washington, providing for a conditional use permit to allow for the construction of two duplexes on property zoned P,-3 (duplex) located in the 300 Block of "R" Street SE, within the city of Auburn, Washington. Assistant City Attorney Ausman read the title of Ordinance No. 5117. Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5117. MOTION CARRIED UNANIMOUSLY. 7-0. Page 18 City of Auburn Council Meetin~l Minutes July 22, 1998 4. Ordinance No. 5118 F5.2.15, O4.9.1 An Ordinance of the City Council of the City of Auburn, Washington, approving Federal TEA-21 Preservation Funds with local matching funds as provided in the Local Agency Agreement between the City and the Washington State Department of Transportation to prepare and implement the SR18/C Street SW ramp modifications/3rd Street SW grade separation. Assistant City Attorney Ausman read the title of Ordinance No. 5118. Councilmember Wagner moved and Councilmember Cerino seconded to introduce and adopt Ordinance No. 5118. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Ordinance No. 5119 F5.2.15, O4.9.1 An Ordinance of the City Council of the City of Auburn, Washington, approving Federal TEA-21 Grant Funds with local matching funds as provided in the Local Agency Agreement between the City and the Washington State Department of Transportation to prepare and implement the S. 277th Street Reconstruction - Segment #1. Assistant City Attorney Ausman read the title of Ordinance No. 5119. Councilmembr Wagner moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5119. MOTION CARRIED UNANIMOUSLY. 7-0. 6. Ordinance No. 5122 F3.12 An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 5047, the 1998 Budget Ordinance, and authorizing the Mayor to accept Schedule "A" which relates to the City of Auburn 1998 Page 19 City of Auburn Council Meetin~l Minutes July 22, 1998 Budget reallocation of funds in various accounts in several funds pursuant to RCW 35A.33.120, and setting forth findings. Assistant City Attorney Ausman read the title of Ordinance No. 5122. Councilmember Barber moved and Councilmember Wagner seconded to introduce and adopt Ordinance No. 5122. MOTION CARRIED UNANIMOUSLY. 7-0. B. Resolutions 1. Resolution No. 2984 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 for 1998 Land Acquisition Project with W&H Pacific, Inc., for the update of the Airport Property Map at the Auburn Municipal Airport. Assistant City Attorney Ausman read the title of Resolution No. 2984. Councilmember Poe moved and Councilmember Cerino seconded to adopt Resolution No. 2984. MOTION CARRIED UNANIMOUSLY. 7-0. VIII. MAYOR'S REPORT A. Regional Finance and Governance Intergovernmental Affairs Manager Lisa Clausen presented a report on the Suburban Cities Association Regional Finance and Governance revised proposal. The revised proposal addresses three main concerns the City of Auburn raised in its response to the Suburban Cities questionnaire on Regional Finance and Governance, The pools proposal is suggested to be revised so that a new study can be conducted on future aquatics needs throughout King County. There will not be a transfer of pools if the proposal is adopted. The Potential Annexation Areas infrastructure Page 20 City of Auburn Council Meeting Minutes JuIv 22, t998 issue is addressed in the proposal through a funding mechanism, and the proposal provides that there will be no transfer of City revenues for regional human services. There is a two year transition period for cities to be involved in the subregional planning to determine which human services should be delivered locally. Ms. Clausen reported, according to the Suburban Cities Association, the five cities of Burien, Bellevue, Federal Way, Mercer Island, and Renton have approved the proposal thus far. Sixty percent of the Association membership must approve the proposal in order for the Suburban Cities Association to take the proposal forward to the Growth Management Planning Council. City Council action on the proposal is scheduled for August 3, 1998. Mayor Booth added that the proposal will be taken to the Planning and Community Development Committee for review and recommendation to the City Council. The Public Works Committee will also review the proposal. Mayor Booth indicated he expects the proposal to be approved by a majority of the cities. B. Executive Session Mayor Booth recessed the meeting to executive session at 10:35 PM for approximately 15 minutes in order to discuss litigation. Mayor Booth reconvened the meeting at 11:05 PM. IX. ADJOURNMENT There being no further business to come before the Council this evening, the meeting adjourned at 11:05 PM. Approved on the .~ r~ day of ~'~ ,1998. Charles A. Booth, Mayor Danielle Daskam, City Clerk Page 21