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HomeMy WebLinkAbout11-01-1999 CITY OF AUBURN COUNCIL MEETING MINUTES November 1, 1999 7:30 p.m. CALL TO ORDER Fla.q Salute Mayor Booth called the meeting to order at 7:30 PM and led those in attendance in the Pledge of Allegiance. Roll Call Mayor Booth and the following Councilmembers were present: Pete Lewis, Sue Singer, Jeanne Barber, Trish Borden, Fred Poe, Gene Cerino, and Rich Wagner. Staff members present included: Police Chief Jim Kelly, Fire Chief Bob Johnson, Parks and Recreation Director Dick Deal, Personnel Director Brenda Heineman, Public Works Director Christine Engler, Traffic Engineer Steve Mullen, Planning and Community Development Director Paul Krauss, Associate Planner Shirley Aird, Finance Director Diane L. Supler, City Attorney Michael J. Reynolds, and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements a) Share YOur Hair Month Mayor Booth read and presented a proclamation declaring the month of November 1999 as "Share Your Hair Month" to members of the Riverside High School DECA Club in attendance this evening. Mayor Booth urged the citizens of Auburn to support the efforts of the Riverside DECA Club in increasing awareness of medical hair loss for young people. Page City of Auburn Council Meetinq Minutes November 1, 19~o~, b) Police Department Promotions Mayor Booth announced the promotion of Marion Dukes to the position of Assistant Police Chief. Assistant Chief Dukes' wife, Tanya, daughter, Christina and son, Stephen, were in attendance. Mayor Booth announced the promotion of Mike Hirman to the rank of Police Commander and the promotion of Scott Near to the rank of Police Sergeant. c) Washin.qton State Law Enforcement Association Auburn Police Officer Mike Burris, on behalf of the Washington State Law Enforcement Association, presented Police Chief Jim Kelly with an award commemorating domestic violence legislation recently passed by the state legislature. The legislation provides protections to children who are witness to domestic violence. In 1997, Chief Kelly initiated an effort to pass domestic violence legislation which would make it a crime to commit domestic violence within the sight and sound of minor children. Although the bill was not passed that year, in the last session, the state legislature amended domestic violence legislation and incorporated many elements of Chief Kelly's proposed bill, affectionately referred to as Kelly's Kids. Appointments a) Human Services Committee A3.8 City Council to confirm the appointment of Gary Masterjohn to the Human Services Committee to fill an unexpired term which will expire December 31, 2001. Page 2 City of Auburn Council MeetinR Minutes November 1, 1~ II. b) Planning Commission A3.8 City Council to confirm the appointment of Fred Helser to the Planning Commission to fill an unexpired term which will expire December 31, 2001. Councilmember Barber moved and Councilmember Singer seconded to confirm the appointments to the Human Services Committee and Planning Commission as recommended by Mayor Booth. MOTION CARRIED UNANIMOUSLY. 7-0. A.qenda Modifications Modifications to the agenda included the transmittal of the Hearing Examiner's recommendations regarding Application Nos. CUP0005-99 and REZ00006-99 under Items VI.A and VI.B respectively of these minutes, the transmittal of additional information regarding the proposed 1999 Comprehensive Plan amendments under Item VI.C of these minutes, the addition of Application No. ANX0003-98 transmitted under Item VI.D of these minutes, and the addition of Ordinance No. 5313 transmitted under VII.A.7 of these minutes. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearin.qs City of Auburn 2000-2004 Consolidated Plan 03.4.1.7, F5.4.3 City Council invites public comments on the City of Auburn Consolidated Plan for the 2000 - 2004 planning years and the 2000 Action Plan, which proposes projects for the 2000 program year and proposes allocation of entitlement funds for use by those projects. Associate Planner Shirley Aird presented the staff report for the 2000-2004 Consolidated Plan. Ms. Aird referred the Council to the revised 2000-2004 Consolidated Plan contained in the agenda packet, particularly Chapter 6, the 2000 Action Plan. The Action Plan includes the Page 3 City of Auburn Council Meeting Minutes November 1,199.q development and implementation strategies for allocating and expending Community Development Block Grant funds next year. The Action Plan also contains some contingencies for expenditures. One area affected relates to the senior center funding in the amount of $200,000. If the senior center does not receive the remainder of its project funding next year, the contingency allows the expenditure of the funds for other important parks and recreation facilities. The 2000 Action Plan assumes a $375,000 allocation from the Department of Housing and Urban Development. The Plan also includes approximately $262,000 in reallocations from prior years. The reallocation consists of some administrative funds, which were not spent, as well as programs which did not use all of their funding. Councilmember Poe questioned the wording of Strategy 2 on page 2 of Chapter 6 of the Plan. He recommended striking the words "do not choose" from the Priority statement under Item 2, Housing Affordability. Councilmember Poe expressed concern with Strategy 2-3 which proposes $75,000 in funding for the Low Income Housing Institute for acquisition and rehabilitation of Auburn Manor Apartments. Ms. Aird explained the strategy is an effort to preserve Section 8 subsidized housing. Councilmember Singer asked for a summary of the Human Services Committee's consideration of the allocation to the Low Income Housing Institute (LIHI) and Auburn Manor. Ms. ^ird explained when LIHI takes over the Auburn Manor property, they plan a comprehensive renovation and rehabilitation as well as improvements to the general areas. Councilmember Poe requested clarification of the $262,385 in reallocations from prior years. Ms. Aird explained that the reallocation consists of $175,000 in pre-1991 funding, the remainder is unused administrative costs due to changes in staff, and smaller amounts from program accounts that did not use all of their allocation. Page 4 City of Auburn Council Meetin,cl Minutes November 1, 1~ Mayor Booth opened the public hearing. There was no one in the audience who requested to speaking during the hearing. Councilmember Borden moved, and Councilmember Singer seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. 2000 Budget F3.14 The 2000 Preliminary Budget for the fiscal year January 1, 2000 through December 31, 2000 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 2000 Budget. The City Council will 'consider revenue sources and possible increases in property tax revenues. Mayor Booth opened the public hearing on the 2000 Budget. Virginia Haugen, 2503 R Street SE, Auburn, WA Ms. Haugen questioned whether artwork for the library was budgeted. Parks and Recreation Director Deal responded that the libra'ry project funds include funding for artwork. There is an additional $30,000 in the operating budget targeted for artwork at the library. Councilmember Barber moved and Councilmember Wagner seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Audience Participation Virginia Haugen, 2503 R Street SE, Auburn, WA Ms. Haugen expressed concern that $10,000 was spent on artwork at the new Skateboard Park rather than used for improvements at ballfields throughout the city. In response to a question from Ms. Haugen regarding the City's wells, Public Works Director Engler responded that the City's water customers are served by a total of nine (9) wells. Not all wells are operating at one time. Coal Creek Springs and West Hill Springs are two additional sources of water Page 5 City of Auburn Council MeetinR Minutes November 1, ~C~ for the city. Wells 6 and 7 are the newest wells, and Wells 5A and 5B were added within the last five years. Mayor Booth advised Ms. Haugen that the Lake Tapps Parkway is under construction and is funded by the developer and Pierce County. Public Works Director Engler advised there is no direct connection between the Sound Transit Facility and the City's program for work within the city on city streets. Mayor Booth added that projects previously approved by the Department of Transportation have been tabled pending the outcome of Initiative 695. Projects tabled include the 3rd Street Project and the 277th Street Project. Parks and Recreation Director Deal responded to Ms. Haugen's question regarding the number of employees at the museum. There are 1.7 full time equivalent employees employed at the museum. There are over 50 regular volunteers. Mr. Deal also addressed questions regarding concession stands and Game Farm Park. Ms. Haugen asked the number of employees working in the City Hall building. Personnel Director Heineman estimated approximately 100 employees work at the City Hall building and approximately 26 uniformed police personnel work per shift. Ms. Haugen thanked Councilmembers Wagner and Borden, City Attorney Reynolds, Building Project Coordinator Joiner, and Traffic Tech Dave Burdick who helped resolve a safety hazard in her neighborhood. Jeffrey Oliphant, 3700 Beecher Road, Bellingham Mr. Oliphant is a developer working on a project called Auburn Marketplace located in the North Auburn Business Area, just north of Fred Meyer, bounded on the south by 10th Street, on the north by 14th Street, on the east by "D" Street NE, and the Burlington Northern Railroad tracks on the west. "A" Street NE will bisect the development. The project will include a mix of retail, service commercial and office uses. A traffic signal is planned at the intersection of 10th and "D" Streets. A detention pond has been constructed with substantial landscaping and a walkway will be added. Mr. Oliphant displayed a partial site plan of the project. He also displayed a drawing of the Eagle (Lowe) Hardware store that is planned for the project area. Mr. Oliphant noted that under the North Auburn Business Area Plan, the side of the store facing a public street requires fifty percent glass. Mr. Oliphant proposed an alternative to the 50 percent glazing requirement which will be addressed later this evening under the proposed 1999 Comprehensive Plan amendments. Page 6 City of Auburn Council Meeting Minutes November 1,; CCC Ill. Councilmember Poe questioned whether the placement of the proposed Eagle Hardware building is impacted by the airport flight zone. Planning and Community Development Director Krauss explained that the building is located as far east as it can be due to the airport flight path. Correspondence No correspondence was received for City Council review. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Chair Poe reported the Municipal Services Committee met this evening at 6:00 PM. The Committee recommended approval of Resolution No. 3122, Addendum III with TCl, which extends the date for construction of a public access facility from September 1, 1999 to February 1, 2001. The Committee also reviewed Resolution No. 3123 regarding the purchase of property adjacent to Fulmer Field. The next regular meeting of the Municipal Services Committee is scheduled for November 15, 1999 at 6:00 PM. Plannin.q & Community Development Chair Borden reported the Planning and Community Development Committee met October 25, 1999. The Committee discussed the proposed 1999 Comprehensive Plan amendments. The Committee also discussed a new program called Hometown Heroes and rejected a proposal to increase recreation class and park rental fees. The next regular meeting of the Planning and Community Development Committee is scheduled for November 8, 1999 at 6:30 PM. Public Works Chair Wagner reported the Public Works Committee met October 25, 1999. The Committee referred the issue of traffic impact fees to a Council workshop meeting to be held November 3, 1999. The Committee reviewed and recommended approval of Ordinance No. 5310 and received an update on Coal Creek Springs. The next regular meeting of the Public Works Committee is scheduled for November 8, 1999 at 4:30 PM. Page 7 City of Auburn Council Meeting Minutes November 1, ~,~ IV. Finance Chair Barber reported the Finance Committee met this evening at 6:30. The Committee reviewed and approval payroll and claims vouchers, Ordinance No. 5299 and Ordinance No. 5313. The Committee also discussed the Lake Tapps Task Force, the 2000 Budget, and the Algona Police connection. The next regular meeting of the Finance Committee is scheduled for November 15, 1999 at 6:30 PM. CONSENT AGENDA A. Minutes Minutes of the October 18, 1999 regular City Council meeting. B. Vouchers F4.9.2,F4.9.5 Claims Claims check numbers 146240 through 146535 in the amount of $897,434.86 for Period 10 and dated November 1, 1999. Payroll Payroll check numbers 255345 to 255541 in the amount of $334,126.66 and electronic deposit transmissions in the amount of $593,844.07 for a grand total of $927,970.73 for the pay period covering October 13, 1999 to October 25, 1999. C. Liquor Licenses A5.6.1 Washington Thoroughbred Breeders Association City Council to consider an application for a special occasion liquor licenses from the Washington Thoroughbred Breeders Association for a one day event to be held December 5, 1999 at the M J Alhodeff Sales Pavilion, 3220 Emerald Downs Drive in Auburn. Page 8 City of Auburn Council MeetinR Minutes November 1, ',~-"""- VI. D. Surplus Property F4.6.1 Police Department City Council to authorize the surplus and disposal of the following Police property which is of no further use to the department: One (1) Office Desk #021 005 One (1) Office Desk w/extension #021 106 Councilmember Barber moved and Councilmember Wagner seconded to approve the Consent Agenda. MOTION CARRIED UNANIMOUSLY. 7-0. UNFINISHED BUSINESS There were no items under this section for City Council review. NEW BUSINESS Application No. CUP0005-99 O3.10.1 CUP0005-99 City Council to consider the request of Valley Bank for a conditional use permit to allow a drive-through facility at a bank facility located at 1001 "D" Street NE. Councilmember Borden moved and Councilmember Singer seconded to approve the conditional use permit. Councilmember Cerino expressed concern with the extent of the environmental review for the project. Councilmember Poe indicated he will abstain from voting on the application. His son is affiliated with the applicant, Valley Community Bancshares, Inc. Councilmember Lewis also indicated he will abstain from voting as a different unit of his employer, Sterling Savings, was involved in the financing of the real estate for the project. He indicated he has no knowledge of the financing package details. Page 9 City of Auburn Council Meetin;i Minutes November 1, 1~ MOTION CARRIED. abstained. §-0. Councilmembers Poe and Lewis Application No. REZ0006-99 03.8 REZ0006-99 City Council to consider the request of Rick and Karen Witters to rezone property located at 1404 and 1414 "A" Street SE from R-3, Duplex Residential, to C-3, Heavy Commercial. Councilmember Borden moved and Councilmember Singer seconded to approve the rezone based upon the Hearing Examiner's Findings of Fact, Conclusions and Decision, and to instruct the City Attorney to prepare the necessary ordinance. Councilmember Poe expressed concern with Hearing Examiner Finding of Fact Number 3 which refers to provision for any future development and to mitigate its potential impacts to the residential uses to the east, and Condition 1 which includes in part, "The Planning Director shall be authorized to increase landscaping requirements and setbacks..." Councilmember Poe stated that the Zoning Code, setback requirements, and landscaping requirements already address mitigating commercial zones next to residential zones. He stated the Finding and Condition are inappropriate and beyond the scope of the Planning Department and Hearing Examiner. Councilmember Borden explained that the Finding and Condition provide assurances to the residential neighborhoods that impacts will be mitigated. Assistant Planning Director Rued explained that the Zoning Code does not contain language with regard to how the building will be located on the property, where the parking is located, or how ingress and egress is addressed. Environmental checklists would not be required for any project under the SEPA threshold. Councilmember Cerino also expressed concern with the Findings and Decision relative to the potential increase in setbacks and landscaping requirements. Councilmember Wagner noted that the property proposed for rezone to C3 extends into the adjacent residential area more than Page 10 City of Auburn Council Meetin~l Minutes November 1, l~ff other C3 zones. He spoke in favor of providing extra care to the residential areas. He also spoke in favor of modifying Condition 2 to provide that the alley shall not be used for any ingress or egress without major improvements. Councilmember Borden withdrew her motion to approve the rezone. Councilmember Borden moved and Councilmember Wagner seconded to schedule a closed record hearing on Application No. REZ0006-99 at the December 6, 1999 Council meeting. The applicant, Mr. Rick Witters, indicated from the audience no objection to the December 6, 1999 hearing date. MOTION CARRIED UNANIMOUSLY. 7-0. Application No. CPA0002-99 03.4.3 City Council to consider the proposed 1999 amendments to the Comprehensive Plan. Planning and Community Development Director Krauss presented staff report of the annual amendments to the Comprehensive Plan. The amendments were reviewed during a public hearing held before the Planning and Commission, and were reviewed by the Planning and Community Development Committee. Policy Text Amendments 1 through 3 consist of Capital Facilities Plans for Kent, Auburn, and Dieringer School Districts. The capital facilities plans are the basis for school impact fees. Impact fees approved by the City are approved by a separate action. Mr. Krauss noted that the proponent withdrew Policy Text Amendments 4 through 6. Policy Text Amendment 7 for the Auburn North Business Area Plan was referred to earlier by Mr. Jeff Oliphant under Audience Participation. The proposed amendment would allow altemative fagade treatments in the North Business Area when the City finds it is not possible to meet the standard to require at least 50 percent of the building fagade fronting on a street to be windows. Page 11 City of Auburn Council Meetin;i Minutes November t, 199q Policy Text Amendment 8 was requested by Mr. Oliphant for the Auburn North Business Area and is resolved by Policy Text Amendment 7 and with some determinations made on the site plan. Therefore, an amendment is not recommended. Policy Text Amendment 9 relates to the Auburn North Business Area Plan, Policy AN2.13. Mr. Oliphant has requested that the sign height limitations be increased for buildings over 25,000 square feet or eliminated entirely. Staff is recommending an amendment to allow one free standing sign at a 35-foot height. Councilmember Wagner questioned whether neon accents on buildings should be considered part of signage. Assistant Planning Director Rued stated the neon accents are considered architectural accents. Councilmember Wagner urged a review of the sign ordinance. Councilmember Poe commented on the appearance of the signs in the shopping area north of the Fred Meyer Shopping Center. He objected to the appearance and placement of the buildings and signs. Policy Text Amendment 10 is requested by Mr. Oliphant to allow 'A" Street NE to be extended as a public street. The portion of "A" Street NE proposed for extension is north of 10th Street. Councilmember Wagner objected to the elimination of the policy. He proposed rewording the policy as follows: '"A" Street NE shall not be continued north in the vicinity of 7th Street NE. "A" Street NE shall be available for pedestrian access.' Mr. Krauss presented Policy Text Amendment 11 relating to Transportation Plan policies and levels of service and alternate versions of Chapter 7 of the Transportation Plan element of the Comprehensive Plan. Traffic engineers requested amendments to the plan to lower intersection levels of service at key intersections. The current intersection levels of service are not maintainable due to background traffic. An alternative amendment proposes a corridor level of service analysis and traffic impact fees. Since traffic impact fees have not been adopted, and it is uncertain whether they will be adopted, staff is now proposing that the Council approve both versions of Chapter 7 with additional Page 12 City of Auburn Council Meefin.q Minutes November 1, 199fl language that states "until such time as traffic impact fees are adopted, the first version would apply. If Council approves traffic impact fees, the second version of the chapter is in effect automatically." Comprehensive Plan Map Amendment 1 affects the northeast corner of Auburn Way and 30th Street NE. The area is zoned for industrial uses. The property has been acquired by a car dealership, Valley Pontiac, who owns an adjacent pamel to the north. The recommendation is to change the designation to commercial. Comprehensive Plan Map Amendment 2 is a request to designate the area north of 21st Street between C and F Streets from residential land use to public, semi-public land use. The property was acquired by the City's storm sewer utility for public purposes. Comprehensive Plan Map Amendment 3 was withdrawn by the proponent. Comprehensive Plan Map Amendment 4 is proposed by a group of residents in the vicinity of Mill Pond Apartments in Lakeland Hills. The residents of the area want to limit new multi-family development in the north end of Lakeland Hills. There are four parcels in the area zoned unclassified. Staff originally recommended maintaining the Comprehensive Plan designations intact as historically high density uses have been planned for in the area for well over a decade. The high density uses are located on arterial streets and near public facilities. The Planning Commission recommended that Unclassified Area #1, near Mill Pond, should remain high density, and Unclassified Area #2 could be changed to a Iow density residential designation. The Planning and Community Development Committee supported changing Area #2 to Iow density residential; however, they also requested staff change a small tract of R4 to a Iow-density designation. However, since the Planning Commission did not include the proposal to change the small tract of R4 in their public hearing, it cannot be added to the proposed amendments at this time. Councilmember Lewis explained that the Planning and Community Development Committee members have discussed the possibility of looking into descriptions that identify multi-family owner and Page 13 City of Auburn Council Meetin;] Minutes November 1, 1999 multi-family rental. He urged that in the next year, the City research the viability of the designations. Councilmember Borden agreed with Councilmember Lewis and suggested offering density credits when the units are owned. Councilmember Poe questioned Figure 7-1, 1999 Arterial Corridor Level of Service, where actual Levels of Service for three corridors have been changed from LOS C to LOS B. Traffic Engineer Mullen explained that the three corridors remain at a Level of Service D standard, but Figure 7.1 reflects the actual levels of service for the arterial corridor. The table reflects actual levels of service rather than the level of service standard. Councilmember Borden moved and Councilmember Wagner seconded to approve the 1999 Comprehensive Plan amendments, with the exception of Policy Text Amendment 11, and with the amendment to Policy Text Amendment 10 as stated by Councilmember Wagner earlier. Councilmember Poe disclosed that, relative to Comprhensive Plan Map Amendment 1, he has no interest in the proponent, Poe Engineering, Inc. In regard to Policy Text Amendments 7 and 9, Councilmember Lewis disclosed that a different unit of his employer, Sterling Savings, was involved in the financing of the real estate for a portion of the Auburn Marketplace development; however, he has no knowledge of the financing details. Councilmember Cerino confirmed that adoption of the school districts' Capital Facilities Plans does not confirm or adopt the school impact fee amounts; adoption of the fees is accomplished under a separate action. MOTION CARRIED. 5-2. Councilmembers Singer and Lewis voted no. Councilmember Borden spoke regarding Policy Text Amendment 11. She indicated adoption of Option A would be a retreat from addressing the financing of transportation improvements. She Page 14 City of Auburn Council Meeting Minutes November 1, t99,q proposed adoption of Option B which provides a corridor level of service and the option of collecting transportation impact fees. Councilmember Lewis explained that the options were offered because the City Council has yet to adopt transportation impact fees. Option A will be in effect until the Council adopts transportation impact fees, at which time Option B would go into effect. Councilmember Wagner pointed out that Option A appears to lower several intersections to Level F where no developer would be required to pay any mitigation fees. Councilmember Lewis noted that the Level of Service F does not reflect the standard, but reflects the actual level of service. Traffic Engineer Mullen stated that Option A allows for some additional growth. In response to a question from Councilmember Wagner, Traffic Engineer Mullen stated that proposal is to adopt a Level of Service F with a threshold of approximately 100 seconds at some intersections. Mr. Mullen noted that no threshold is designated for 41st and "A" Street. Councilmember Wagner spoke against adopting Option ^. Councilmember Singer spoke in favor of adopting both options. Councilmember Lewis spoke in favor of adopting both options. Councilmember Borden stated Option A would be acceptable along with Option B if the intersection Levels of Service remain at existing levels rather than lowering them. Councilmember Wagner requested the justification for changing so many intersections to Level of Service F. Traffic Engineer Mullen explained that there is no specific development driving any of the changes in the levels of service. The reason for the degradation of some of the levels of service is due to traffic either originating or destined outside the city. Page 15 City of Auburn Council Meetin;I Minutes November 1, 199~ Councilmember Cerino noted that peak hour can be affected by many conditions. Councilmember Lewis moved and Councilmember Singer seconded to approve Comprehensive Plan Policy Text Amendment 11. MOTION CARRIED. 6-1. Councilmember Borden voted no. Application No. ANX0003-98 O3.1 City Council to consider the annexation petition for Southwest Lea Hill and set the date of November 15, 1999 for public hearing on the annexation. Councilmember Borden moved and Councilmember Singer seconded to set the date for public hearing on Application No. ANX0003-98 for December 6, 1999. MOTION CARRIED UNANIMOUSLY. 7-0. VII. ORDINANCES AND RESOLUTIONS A. Ordinances Ordinance No. 5299 F6.6.3, F3.14 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 2000, representing an increase over regular property taxes levied for collection in 1999. Councilmember Barber moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5299. MOTION CARRIED UNANIMOUSLY. 7-0. Page 16 City of Auburn Council Meeting Minutes November 1, lS;~ Ordinance No. 5306 ^3.13.8 An Ordinance of the City Council of the City of Auburn, Washington, amending Auburn City Code Chapter 14.18 entitled "Water and Sewer Availability Certificates" to be entitled "Water and Sanitary Sewer Availability Certificates"; amending Sections 14.18.010 entitled "Clarification", 14.18.030 entitled "Public Hearing", 14.18.040 entitled "Administrative Review", 14.18.060 entitled "City Council Review" and 14.18.090 entitled "Adjustments of an Approved Development Agreement" for clarification; amending Section 14.18.020 entitled "Application, Submittal and Contents" to require additional information for site plans and to establish provisions for requests for modification; amending Section 14.18.080 entitled "Notice of Decision to Applicant" to add a new subsection regarding approval of a Development Agreement; and adding new Sections 14.18.002 entitled "Purposes", 14.18.004 entitled "Property Adjacent to City Limits", 14.18.006 entitled "Definitions", 14.18.074 entitled "Conditions of Approvar', and 14.18.094 entitled "Compliance with this Chapter and the Terms of a Development Agreement". Councilmember Borden moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5306. MOTION CARRIED UNANIMOUSLY. 7-0. Ordinance No. 5307 F4.3 An Ordinance of the City Council of the City of Auburn, Washington, establishing a new Auburn City Code Chapter 1.27 entitled "Posting Public Notices" to be contained in Auburn City Code Title 1 entitled "General Provisions" which chapter establishes the purpose therefor, provides definitions, sets forth applicant/owner responsibilities, provides specifications for mounting boards, provides provisions relating to when posting of a public notice is required and provides for certain other matters in connection therewith. Page 17 City of Auburn Council Meetin;! Minutes November 1, l.~C Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5307. MOTION CARRIED UNANIMOUSLY. 7-0. Ordinance No. 5308 F4.3 An Ordinance of the City Council of the City of Auburn, Washington, amending Section 2.78.010 entitled "Fee Designated", contained in Auburn City Code Chapter 2.78 entitled "Fees for City Permits and Actions", to establish a fee structure and replacement costs for mounting boards used in the posting of public notices. Councilmember Borden moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5308. MOTION CARRIED UNANIMOUSLY. 7-0. Ordinance No. 5310 F5.2.15, O4.9.1 PR562 An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance 5258 by authorizing the Mayor to sign a Highways and Local Programs State Funding Agreement between the City and the Washington State Department of Transportation, approving Freight Mobility Strategic Investment Board Grant funds to prepare and implement the South 277th Street Reconstruction Project, PR562. Councilmember Wagner moved and Counciimember Cerino seconded to introduce and adopt Ordinance No. 5310. MOTION CARRIED UNANIMOUSLY. 7-0. Page 18 City of Auburn Council Meetinq Minutes November Ordinance No. 5311 F5.4.3 An Ordinance of the City of Auburn, Washington, to amend Ordinance Number 4845, as amended by Ordinances Numbered 4913, 4952, 5065 and 5067 which appropriated Community Development Block Grant (CDBG) funds in 1996, and Ordinance Number 4952, as amended by Ordinance Number 5106, which appropriated CDBG funds in 1997 and Ordinance Number 5065, which appropriated CDBG funds in 1998, and to release certain other unused CDBG funds in order to roappropriate such funds for use during the 2000 CDBG program year, in addition to the City's entitlement funds; and to appropriate a total amount of Six Hundred Forty Thousand Six Hundred Seventy-one Dollars ($640,671) for the 2000 program year; and to authorize the Mayor to implement the approved programs and projects. Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5311. Councilmember Wagner spoke regarding the proposal to allocate $75,000 to the Low Income Housing Institute for acquisition of Auburn Manor Apartments. He suggested modifying the ordinance. Councilmember Borden spoke in favor of the allocation to a non-profit organization to help acquire Iow-income housing. Councilmember Singer spoke in favor of approving the allocation, but to monitor the project as a test case. Councilmember Poe spoke against the allocation and any subsidy to acquire Iow-income housing. MOTION CARRIED. 6-1 Councilmember Poe voted no. Page 19 City of Auburn Council Meetinfl Minutes November 1,199fl Ordinance No. 5313 O1.8 An Ordinance of the City Council of the City of Auburn, Washington, amending Auburn City Code Title 9 entitled "Public Peace, Morals and Welfare", by adding Auburn City Code Section 9.10 entitled "Harassment" to adopt by reference specific sections of RCW Chapter 10.14 entitled "Harassment", specifically RCW Section 10.14.020 entitled "Definitions", RCW Section 10.14.030 entitled "Course of Conduct - Determination of Purpose", RCW Section 10.14.115 entitled "Enforcement of Order - Knowledge Prerequisite to Penalties - Reasonable Efforts to Serve Copy of Order", RCW Section 10.14.120 entitled "Disobedience of Order - Penalties", RCW Section 10.14.150 entitled "Jurisdiction" and RCW Section 10.14.170 entitled "Criminal Penalty". Councilmember Barber moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5313. MOTION CARRIED UNANIMOUSLY. 7-0. B. Resolutions Resolution No. 3122 04.1.4 A Resolution of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn, to execute Addendum III, extending the date for construction and operation of a public access facility from September 1, 1999 to February 1, 2001 to the non-exclusive Franchise Agreement between the City of Auburn, Washington and TCI Cablevision of Washington, Inc., to operate a cable television system within the city of Auburn, Washington, which Agreement was approved on May 3, 1993 by Resolution 2409, which Agreement was amended by Addendum 1 extending the date of completion of certain franchise provisions under Section 5 and amending Section 8 and approved on June 15, 1998 by Resolution 2972, which Agreement was further amended by Addendum II Page 20 City of Auburn Council Meetin;I Minutes November 1, t999 extending the date of completion of certain franchise provisions approved on June 16, 1999 by Resolution 3096. Councilmember Poe moved and Councilmember Cerino seconded to adopt Resolution No. 3122. MOTION CARRIED UNANIMOUSLY. 7-0. Resolution No. 3123 A3.13.4 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute required documents for the pumhase of property located adjacent to Fulmer Field for the purpose of constructing water corrosion control facilities. Councilmember Wagner moved and Councilmember Poe seconded to adopt Resolution No. 3123. MOTION CARRIED UNANIMOUSLY. 7-0. VIII. MAYOR'S REPORT Executive Session No executive session was held. IX. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 10:08 PM. Approved on the //,.5- ~ day of~~ ,1999. Charles A. Booth, Mayor Danielle 13ask~m, City Clerk Page 21