HomeMy WebLinkAbout12-06-1999 CITY OF AUBURN
COUNCIL MEETING MINUTES
December6, 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 in
attendance: Pete Lewis, Sue Singer, Jeanne Barber, Trish Borden,
Fred Poe, Gene Cerino, and Rich Wagner.
Staff members present included: Police Chief Jim Kelly, City
Attorney Michael J. Reynolds, Planning and Community
Development Director Paul Krauss, Finance Director Diane L.
Supler, Public Works Director Christine Engler, Traffic Engineer
Steve Mullen, Parks and Recreation Director Dick Deal, Fire Chief
Bob Johnson, Associate Planner Shirley Aird, Financial Operations
Manager Sherri Crawford, Assistant Planning Director Lynn Rued,
Personnel Director Brenda Heineman, City Clerk Danielle Daskam,
and Deputy City Clerk Cathy Richardson.
C. Announcements and Appointments
1. Announcements
(a)
Proclamation - "Miss Auburn Scholarship Proqram"
Mayor Booth to present a proclamation designating
January 22, 2000 as a day honoring parents,
participants and volunteers of the "Miss Auburn
Scholarship Program".
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]" I I fir] --
City of Auburn Council Meetin.q Minutes December 6, 1~
Mayor Booth read and presented a proclamation to
Julie Poe declaring January 22, 2000 as a day
honoring parents, participants and volunteers of the
"Miss Auburn Scholarship Program". Mayor Booth
introduced the following Contestants: Alison Morace
sponsored by HBT Insurance, Rebecca Hill
sponsored by Thoroughbred Collision Center,
Heather Daily sponsored by Rupert Engineering,
Jessica Johnson sponsored by Valley Bank, Molly
Bremner sponsored by Don Small & Sons, Princesita
Schmidt sponsored by Scarff Ford-Isuzu, Dulce
Casanvova Villa sponsored by Columbia Bank, Kelli
Carter sponsored by Auburn Noon Lions, Lindsey
Shook sponsored by Spectrum Sign Co., Jennifer
Espinosa sponsored by Scotty's General
Construction, Collette Moore sponsored by Auburn
Elks, Joyce Punnoose sponsored by Key Bank,
Ginger Zehner sponsored by Poe Construction,
Shannon Vaughn sponsored by Salon Ultimate,
Rachelle Erickson sponsored by Fitchitt & Benedict,
Renee Gibert sponsored by Valley Pontiac, Jennifer
Evans sponsored by Valley Community Credit Union,
Tollie Sterling sponsored by Kiwanis Club of the
Valley, Terry Chhoeun sponsored by Rio Verde
Styling Salon, Jessica Ricca sponsored by Homes by
Judi, Sydney VVyatt sponsored by Longhorn
Barbeque, and Amy Linderson sponsored by The
Print Shop. Mayor Booth also acknowledged
volunteers Mr. and Mrs. Bartkowski.
Appointments
(a)
Board and Commission Appointment.~
City Council to confirm the following appointments:
(1)
Park Board
A3.8
The reappointment of Yoka Ansingh for a
three-year term to expire December 31, 2002.
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City of Auburn Council Meetin;! Minutes December 6,
(2)
Library Board
A3.8
The reappointment of Nancy Colson for a five-
year term to expire December 31, 2004.
(3)
Cemetery Board
A3.8
The reappointment of Les Carter for a five-year
term to expire December 31, 2004.
(4)
White River Valley Historical Society Board
A3.8
The reappointment of Maxine Morgelli for a
three-year term to expire January 2003.
The reappointment of Earl Hagen for a three-
year term to expire January 2003.
The appointment of Debbie Maguire for an
unexpired term which will expire January 2002.
(5)
Plannin.q Commission
The appointment of Peter Di Turi to fill the ·
unexpired term of Jon Evans, which term will
expire December 31, 2003.
Councilmember Barber moved and Councilmember
Wagner seconded to confirm the Mayor's
appointments to Boards and Commissions.
MOTION CARRIED UNANIMOUSLY. 7-0.
Agenda Modifications
Agenda modifications included the addition of the appointment of
Peter Di Turi to the Planning Commission transmitted under Item
I.C.2(a)(5) of these minutes, transmittal of correspondence
regarding the Lea Hill Annexation under Item II.A.2 of these
minutes, and the removal cf Application Number REZ0001-99 from
the agenda.
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City of Auburn Council MeetinR Minutes December 6, 19~'
II.
CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
Application No. REZ0006-9R
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.
This is a closed record hearing following a recommendation
by the Hearing Examiner to the City Council. Council may
hear from any member of the public, who wishes to address
Council regarding the application. However, any public
testimony must be strictly limited to the issues involving the
application and must also be limited to comments "on the
record" created before the Hearing Examiner. No new or
additional evidence may be allowed.
Mayor Booth
REZ0006-99.
discussion.
opened the hearing on Application No.
There were no staff reports, comments or
Councilmember Borden moved and Councilmember Singer
seconded to close the public hearing.
MOTION CARRIED UNANIMOUSLY. 7-0.
Councilmember Borden moved and Councilmember Lewis
seconded to approve the rezone based upon the Hearing
Examiner's Findings of Fact, Conclusions and Conditions
and instruct the City Attorney to prepare the necessary
ordinance.
Councilmember Poe expressed support for the rezone but
opposed Condition No. 1 of the Hearing Examiner's
decision. He stated setbacks and landscaping requirements
are covered under the zoning ordinance, which is utilized
during the design process, and the project should not have
additional requirements.
Page 4
City of Auburn Council Meeting MinmA= December 6, 19~~
Councilmember Wagner concurred with the Hearing
Examiner's comments. Referring to the attached map of the
proposed rezone, Councilmember Wagner noted that the
parcel extends further into the residential area compared to
other C-3 zones along "A" Street. The Hearing Examiner
recommendation would protect the residential neighborhood.
Councilmember Wagner indicated that the condition on the
alley regarding ingress or egress should be more restrictive.
Councilmember Lewis agreed with Councilmember Poe that
it is not within realm of the Hearing Examiner to set those
types of conditions.
Councilmember Borden stated that it is not unusual for the
Hearing Examiner to make additional conditions.
In response to questions from Councilmember Poe,
Assistant Planning Director Lynn Rued displayed an
overhead showing the existing Comprehensive Plan along
"A" Street and the subject rezone. Mr. Rued stated that 95%
the area is planned to be heavy commercial. There are two
lots involved in the rezone.
In response to questions from Councilmember Poe,
Planning Director Paul Krauss stated that the area has been
problematic in the past. A neighborhood revitalization has
been planned. One of the factors that would be dealt with is
to define what the line of demarcation should be between
commercial and residential development. Damage to
residential properties can occur with commercial intrusion.
Mr. Rued explained that a C-3 zone now provides for a ten-
foot width of landscaping. Some of the allowed usages
include car sales, used car lots, auto repair, outdoor sales,
and outdoor repair. ^ structure could also be placed
anywhere on the site outside the setback areas. If a heavy
commercial building such as auto repair was proposed, the
City may want to consider placement of that building closer
to "A" Street to try to keep noise further away from
residences. The zoning code does not provide for that.
Also, there are no setback or landscape requirements off the
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City of Auburn Council Meetinfl Mip,Jt~ December 6, 1~,~
alley~ A structure could be built close to the property line
without any landscaping. The Hearing Examiner
recommendation prevents this.
At the request of Councilmember Poe, Mr. Witters stated
that he does not agree with the Hearing Examiner's
decision. Mr. Witters stated that he prefers to follow the City
Code and permitting process that is already in place.
Councilmember Wagner stressed that a heavy commercial
facility would be very intrusive to the surrounding
residences. The Hearing Examiner's decision offers an
opportunity to protect the residential area.
Councilmember Singer questioned the adequacy of the
current zoning ordinance in relation to the proposed rezone.
Mr. Rued responded that due to the lack of setback and
landscaping requirements for an alley, type of use and the
size of the structure should determine those requirements.
Discussion followed regarding setback and landscaping
requirements in a C-3 zone.
Councilmember Cerino suggested that Council might need
to consider a modification of the zoning ordinance relating to
commercial properties that abut residential properties.
Councilmember Poe moved to amend the motion deleting
paragraph one of the Hearing Examiner's decision and
adding the following words: "Planning Director shall be
authorized to increase landscaping requirements along the
easterly lot lines to fifteen feet and require ten feet of
landscaping along the south property lines from the easterly
boundary of the entire parcel forward to the easterly
boundary of the north/south alley parallel to "A" Street."
Councilmember Lewis seconded.
Councilmember Borden stated proposed amendment would
not be adequate. The Hearing Examiner's decision allows
for flexibility depending on the type of developments.
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City of Auburn Council Meetin,cI Mip,~f,~ December 6, 1~
MOTION CARRIED. 4-3. Councilmembers Borden, Barber,
and Wagner voted no.
MOTION TO APPROVE THE REZONE BASED UPON THE
HEARING EXAMINER'S FINDINGS OF FACT,
CONCLUSIONS AND CONDITIONS AS AMENDED
CARRIED. 4-3. Councilmembers Borden, Barber, and
Wagner voted no.
Application No. ANX0003-98
03,1 ANX0003-98
City Council to consider a petition to annex to the City of
Auburn approximately 453 acres of property located
adjacent to the city limits of Auburn in the Lea Hill area
located in King County. The property is located in Section 8
and 17, Township 21 North, Range 5 East.
Mr. Krauss presented the staff report for the Lea Hill
Annexation. Mr. Krauss stated that the proposed Lea Hill
Annexation covers a 450 acre area bounded by Lea Hill
Road to the north, 116th Avenue SE on the east, and Green
River on the south. There are approximately 2500
residences, and it is the first annexation in a long-term plan.
The Lea Hill Annexation was first addressed in the 1986
Comprehensive Plan. It was included in the Potential
Annexation Area in 1991 as required by the Growth
Management Act, and confirmed in the 1995
Comprehensive Plan. The City entered into interlocal
agreements with King County and the City of Kent to define
the annexation area. The City also met extensively with the
Lea Hill Task Force to review and adapt City policies to
ensure a smooth transition.
Mr; Krauss explained that in accordance with state law, the
current annexation was initiated by a 10% petition, which
was accepted by the Council in 1998. The formal petition for
annexation was circulated and has been signed by more
than the 60% petition level required by state law, and the
petition has been certified by the County Assessor's office.
Mr. Krauss reported that annexation of Lea Hill would
provide the City policy makers an opportunity for greater
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City of Auburn Council Meetin.q Minutes December 6, 1~..,
control over development that impacts the City through
traffic, recreation, and other standpoints. Many services are
already provided by the City to Lea Hill residents.
Mr. Krauss stated that the Lea Hill residents should see no
increase in taxation and should experience reduced utility
fees for sewer and water, improved access to government
facilities, and improved police protection. The proposed
annexation covers a small area of the southwest quarter of
Lea Hill. It is an essential first step in realizing long-term
plans and goals which will facilitate additional annexations.
Mr. Krauss explained that two additional police officers have
been added to the 2000 budget to allow the department to
expand to meet the increasing needs for the annexation.
The City will initially contract with Fire District No. 44 to
provide fire protection and maintain the current level of
service. The City already provides mutual aid calls to
District No. 44. The area to be annexed is entirely
residential. ^ small positive cash flow is expected in
relationship to cost of services. Staff is recommending that
City Council adopt Resolution No. 3135 directing staff to
submit the Notice of Intent to Annex to the King County
Boundary Review Board. Finalization of the annexation
could occur prior to the end of Mamh, 2000.
In response to questions from Councilmember Singer, Mr.
Krauss stated that a number of preannexation agreements
are in place. Particularly to the north, and as new
development occurs the City requires that preannexation
agreements be executed in exchange for utility services.
In response to questions from Councilmember Poe, Mr.
Krauss responded that staff is processing a zoning code
amendment which adapts a special Lea Hill zoning district to
the Auburn City Code. The special zoning district would not
allow clustering, which is now allowed by the County. The
code amendments would protect the status quo for existing
parcels. New developments would be subject to current
Auburn standards.
Page 8
City of Auburn Council Meeting Minutes December
Associate Planner Shirley Aird explained that existing
development would have the LHR-1 designation and the
King County standards regarding setbacks and lot coverage.
New plats will fall under Auburn's R-1 standards.
In response to questions from Councilmember Wagner, Mr.
Krauss stated that modifications to the zoning ordinance
could be made until such time as annexation comes before
Council for final action.
Finance Director Diane Supler stated that if the annexation
is not completed prior to March 31, 2000, the City will not be
able to collect any property tax from the annexation area
until eighteen months after the annexation occurs even
though the City would be obligated to provide services.
Mayor Booth opened the public hearing.
Dan Carnrite, 922 17~ Street NE, Auburn, WA
Mr. Carnrite made reference to the King County
Comprehensive Plan. Mr. Carnrite questioned whether the
City has performed a benefit cost analysis on the annexation
with regards to the infrastructure and maintenance, the
density ratio, and the cost or benefit to the City.
Mr. Krauss responded that a financial analysis was
performed which illustrated funds the City would receive
from various sources and the initial obligations to the City.
The City would be contracting with Fire District No. 44 for
approximately $225,000. Other obligations include hiring
two additional police officers and their equipment, street
maintenance, storm utility expenses, and park maintenance.
The City would begin collecting storm utility fees
immediately. The City already provides sewer and water
services, but does not currently provide storm utilities.
Although the area is deficient is parks, there are some land
resources that are included in the annexation area.
Ms. Supler stated that infrastructure development related to
transportation has traditionally been funded through grants.
Federal and state funding is difficult to project at this time.
Page 9
City of Auburn Council Meetin;I Minutes ~necember 6,
Contributions from the City are generally related to
maintenance and those figures have been accounted for.
Mr. Carnrite questioned whether additional storm water
facilities would be necessary.
Mr. Krauss stated that King County does require
development of storm water facilities. Although not to the
same specifications as the City of Auburn, considerable
infrastructure does exist in the Lea Hill area.
In response to Mr. Carnrite regarding the questions of cash
flow, Councilmember Wagner noted that only service was
considered, not capital, which results in a positive cash flow.
Although transportation is funded by grants, a City match is
required. The City does have a very comprehensive storm
drainage plan, but it does not include Lea Hill. Additional
planning will be required.
Councilmember Borden moved and Councilmember Lewis
seconded to close the public hearing.
In response to questions from Councilmember Wagner, Fire
Chief Bob Johnson clarified that the contract with Fire
District No. 44 is still under review by their legal counsel. No
changes are anticipated. The entire response load in Fire
District No. 44 is approximately one quarter of the response
load in the City of Auburn. In the event of cancellation of the
contract by King County, the City would need to shift a
portion of their current resources to provide minimum
coverage. Chief Johnson explained that the City currently
operates under a mutual aid agreement with District No. 44.
With the annexation of that portion of Lea Hill, King County
will lose a significant amount of revenue. The prevision for
thirty days notice for cancellation in the contract would
cause a significant impact on staffing levels for Fire District
No. 44.
MOTION CARRIED UNANIMOUSLY. 7-0.
Councilmember Borden expressed her appreciation to
current and former City staff for their hard work with regards
Page 10
City of Auburn Council MeetinR Minutes December 6, 1999
to the annexation of the Lea Hill area and encouraged the
Councilmembers to move forward with the annexation.
Councilmember Borden moved and Councilmember Singer
seconded to adopt Resolution No. 3135.
Councilmember Wagner stated that the annexation of the
Lea Hill area would be an advantage to the City of Auburn,
although it should be noted that there is not a positive cash
flow that can be utilized for capital improvements.
Councilmember Wagner stressed that he supports the
annexation of Lea Hill. Councilmembers Barber and Lewis
concurred.
MOTION CARRIED UNANIMOUSLY. 7-0.
2000 Final Bud,qet
F3.14
All persons interested are encouraged to participate in this
public hearing by making comments, proposals, and
suggestions for the City Council and Mayor to consider prior
to adoption of the City of Auburn 2000 Budget.
Dan Carnrite, 922 17th Street NE, Auburn WA
Mr. Carnrite made reference to a letter he submitted with
regard to the airport. Ms. Supler stated that she is working
on the response to Mr. Carnrite's letter and he should expect
a reply next week.
Councilmember Poe stated that many changes and
improvements have occurred regarding the airport, including
hangar re-roofing; increase in hangar and tie-down rates
have been implemented; and bonds have been issued for
the construction of additional hangars for leasing, which will
assist in accumulating working capital. The City can expect
a more positive outlook for the airport over the next one to
three years.
Mayor Booth explained that the airport is an enterprise fund
that must be self-supporting and does not use funds from
the general fund. The funds being used for airport
improvements are generated through direct loans or bonds.
Page 11
City of Auburn Council Meetin;i Minutes December 6, 1999
Councilmember Barber moved and Councilmember Singer
seconded to close the public hearing.
MOTION CARRIED UNANIMOUSLY. 7-0.
Audience Participation
Don Carnrite, 922 17th Street NE, Auburn, WA
Mr. Carnrite stated that he spoke with residents at the Senior
Housing Assistance Group (SHAG). Mr. Carnrite wished to
propose the possibility of a shuttle from the SHAG to the new multi-
model facility.
Mayor Booth responded that Metro will be reducing their services
by approximately 35 percent. The City of Auburn has petitioned
the King County Council to continue and preserve the DART
services, which are provided to the elderly and the disabled. In
addition, a number of services offered by the City have been
moved to SHAG such as Parks and Recreation fitness classes.
Councilmember Cerino stated that Metro is considering changing
the bus routes to incorporate the SHAG.
JB Rupert, Rupert Engineering, 1519 West Valley Highway,
Auburn, WA
Mr. Rupert made reference to the proposed amendments to the
Comprehensive Plan that are on tonight's agenda under item
VII.A.1. Mr. Rupert stated that he is representing Hinshaw Honda
and the proposed project at 35th Street and 'T' Street. He stated
that following an April 28, 1999 predevelopment meeting, the owner
spent approximately $800,000 for the purchase of land, design
costs, traffic studies, and geotechnical studies. Mr. RuPert stated
that City staff must evaluate proposals as submitted
chronologically. Hinshaw Honda submitted a SEPA to the City on
August 10,1999. As of this date it has not been accepted as a
complete submittal with regard .to traffic, specifically at the
intersection of 15th Street and Auburn Way North. In the meantime,
the Marketplace project was submitted and used all the capacity at
the intersection of 15th Street and Auburn Way North.
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City of Auburn Council Meetin~l Minutes December 6, t999
Mr. Rupert explained that if there are ten or more peak hour trips at
an intersection then that proponent must be evaluated as to their
impact on an intersection. The traffic report submitted on the
Hinshaw Honda project shows twelve southbound trips through the
intersection of 15'" Street and Auburn Way North. The traffic report
has been revised twice and is still not acceptable. Even with a
relaxed LOS-F rating of 100-second delay, the Marketplace project
will use 99% of the delay. This eliminates the construction of any
other project.
Mr. Rupert urged the Council to consider a LOS delay of 120
seconds at the intersection of 15th Street and Auburn Way North to
be effective immediately.
Jeffrey Oliphant, Auburn Marketplace Investors, 3700 Beecher
Road, Bellingham, WA
Mr. Oliphant stated that in connection with the Auburn Marketplace
project, he has received approval to construct "A" Street. "A" Street
begins at the senior housing project and will connect to 15th Street
NE. Mr. Oliphant expressed his appreciation for the cooperation
received from the various City departments he has worked with on
this project.
Mr. Oliphant explained that, in addition to the Marketplace project,
he has submitted a second SEPA application on the westerly
property on the other side of "A" Street NE. The initial traffic study
indicated that the intersection of Auburn Way North and 15th Street
has a LOS-F rating of approximately an 80-second delay. VVith that
delay the Auburn Marketplace project was approved in January,
1999. Growth at that intersection during the PM traffic hour has
increased by approximately 1,000 vehicles. Construction of the
Marketplace project has just begun, so the increase in traffic is not
due to his project. With the growth anticipated in the future,
according to the traffic study just completed, the delay at that
intersection is now 98.5 seconds.
Mr. Oliphant expressed his support of the Comprehensive Plan
amendments and urged the Council to consider a LOS delay of 120
seconds at the intersection of 15th Street and Auburn Way North.
Correspondence
No correspondence was received for City Council review.
Page 13
City of Auburn Council MeetinR Minutes December 6, 1999
II1.
COUNCIL COMMITTEE REPORTS
A3.7.6
A. Municipal Services
Chair Poe reported that the Municipal Services Committee met this
evening at 6:00 PM. The Committee recommended adoption of
Ordinance No. 5320 and received a report from Chiefs Kelly and
Johnson on the City's participation in the WTO events.
Councilmember Poe commended the Police and Fire Departments
for their fine performance. The next regular meeting of the
Municipal Services Committee is scheduled for December 20, 1999
at 6:00 PM.
Planning & Community Development
Chair Borden reported the Planning and Community Development
Committee met on November 22, 1999 at 6:30 PM. The
Committee discussed the potential of putting school impact fees on
the ballot in the early part of the year 2000, received an update on
the Lea Hill annexation, and discussed the City's role in liquor
license applications and the potential for greater participation in
that process. The next regular meeting of the Planning and
Community Development is scheduled for December 13, 1999 at
6:30 PM.
Public Works
Chair Wagner reported that the Public Works Committee met
November 22, 1999 at 4:30 PM. The Committee discussed an
agreement with Henderson Young to develop a concurrency and
impact fee ordinance. This is not required to move forward with
impact fees but is helpful regarding the administration. The
Committee received a report from Water Utility Engineer Lara
McKinnon on the Capital Facilities Plan for water and discussed the
plan at length with participation from a representative from the
Muckleshoot Indian Tribe and Water District No. 111. The
Committee also received an aquifer characterization report from
Pacific Groundwater Group. The next regular meeting of the Public
Works Committee is scheduled for December 13, 1999 at 4:30 PM.
Page 14
City of Auburn Council MeetinR Minutes December 6, 1~2~
IV.
Committee on Committees
Councilmember Wagner reported that the Committee on
Committees met this evening at 7:10 PM. The Committee will
recommend the following committee assignments at the next
Council meeting: Councilmember Singer moves to Chair of the
Municipal Services Committee with Councilmembers Borden and
Wagner serving with her; Councilmembers Barber and Lewis
remain on the Finance Committee and will be joined by new
Councilmember Brothers; Councilmember Wagner remains Chair
and Councilmember Poe remains as Vice Chair of the Public
Works Committee; Councilmember Lewis will serve on the Public
Works Committee; Councilmember Borden remains as Chair and
Councilmember Singer remains as Vice Chair of the Planning and
Community Committee; Councilmember Poe will serve on the
Planning and Community Development Committee.
Councilmembers Barber and Lewis will serve on the LEOFF Board,
and Councilmember Barber remains as Mayor Pro Tern.
Finance
Councilmember Barber reported that the Finance Committee met
this evening at 6:30 PM. The Committee reviewed and
recommends approval of claims and payroll. The Committee also
discussed Ordinance No. 5323, Resolution No. 3132, and the 1999
budget amendments. The next regular meeting of the Finance
Committee is December 20, 1999 at 7:00 PM.
CONSENT AGENDA
A. Minutes
1. Minutes of the November 3, 1999 special City Council
meeting.
2. Minutes of the November 15, 1999 regular City Council
meeting.
Page 15
City of Auburn Council Meeting Minutes December 6, 1999
VI.
B. Vouchem
F4.9.2,F4,9.5
Claims
Claims check numbers 146928 through 147391 in the
amount of $1,394.422.77 for Period 11 and dated December
6, 1999.
Payroll
Payroll check numbers 255740 to 255978 in the amount of
$464,042.95 and electronic deposit transmissions in the
amount of $647,556.31 for a grand total of $1,111,599.26 for
the pay period covering November 10, 1999 to November
30, 1999.
C. Call for Public Hearing
Application No. ANX0004-99
o3.1 ANX0004-99
City Council to call for a public hearing to be held December
20, 1999 on a petition for annexation of a 4.04 acre parcel of
property located on 2nd Street SE.
Councilmember Barber moved and Councilmember Singer
seconded to approve the Consent Agenda as modified.
MOTION CARRIED UNANIMOUSLY. 7-0.
UNFINISHED BUSINESS
There were no items under this section for City Council review.
NEW BUSINESS
Application Number REZ0001-99
03.8 REZ0001-99
City Council to consider the request of Joe Heutmaker to rezone
property located at 3415 Auburn Way South from the existing
zoning of CN, Neighborhood Commercial, to C-1, Light
Commercial.
Application No. REZ0001-99 was removed from the agenda.
Page 16
City of Auburn Council Meetin;I Minutes December 6, 1999
Application Number REZ0004-99
03.8 REZ0004-99
City Council to consider the request of Ken Schoenfeld to rezone
property located on the north side of 45th Street NE and east of
Auburn Way North from R-4, Multi-family, to C-3 Heavy
Commercial.
Councilmember Borden moved and Councilmember Lewis
seconded to approve Application No. REZ0004-g9.
MOTION CARRIED. 6-0. Councilmember Poe abstained.
VII. ORDINANCES AND RESOLUTIONS
A. O~inances
Ordinance No. 5317
03.4.3
An Ordinance of the City Council of the City of Auburn,
Washington, relating to planning; adopting Comprehensive
Plan map and text amendments pursuant to the provisions
of R.C.W. Chapters 36.70A and 35A.63 of the laws of the
State of Washington; designating these amendments as
guidelines for exercising the City's authority under the
Washington State Environmental Policy Act (SEPA);
directing that this Ordinance and Comprehensive Plan
amendments it adopts and approves be filed with the
Auburn City Clerk and be available for public inspection.
Councilmember Borden moved and Councilmember Singer
seconded to introduce and adopt Ordinance No. 5317.
Councilmember Wagner referred to Policy Text Amendment
No. 10, which he previously requested remain in place.
Councilmember Wagner stated that he requested Policy
Text Amendment No. 10 be clarified to indicate that it refers
to that portion of "A" Street that is south of Fred Meyer.
Mr. Krauss indicated that he recalled Councilmember
Wagner's request and the elimination of Policy Text
Amendment No. 10 was an oversight.
Page17
City of Auburn Council Meeting Minutes December 6, 1999
Councilmember Wagner moved to amend Ordinance No.
5317, Policy Text Amendment No. 10 to reinstate Policy
AN3.2 and after the words "Planning Area" add the words "in
the vicinity south of Fred Meyer". Councilmember Singer
seconded.
Councilmember Poe questioned the name of the street
currently being built through the project. Mr. Krauss
responded that there is an "A" Street which terminates in the
Fred Meyer parking lot which will not be extended to the
north.
Mr. Oliphant indicated that "A" Street NE starts at 10th Street
and goes north to 14th Street. The area being discussed by
Council is south of 10~ Street NE.
Councilmember Wagner amended his motion by replacing
the words "in the area south of Fred Meyer' with "south of
10t! Street".
Councilmember Wagner explained that there are two blocks
of "A" Street NE that run from the hospital to the back side of
Fred Meyer. It has been the intent of the Council not to
allow heavy traffic to come down those few blocks. Policy
AN3.2 ensures that connection of north commercial
business area to "A" Street NE does not occur. Policy
AN3.2 will preserve the intent of preventing "A" Street NE
from becoming an arterial.
Mayor Booth restated the amendment as follows: To retain
AN3.2 and add the words "in the vicinity south of 10th Street",
so that AN3.2 reads as follows:
'"A" Street NE shall not be continued north through the
Planning Area in the vicinity south of 10t~ Street. "A" Street
NE shall however be available for pedestrian access.'
MOTION TO AMEND POLICY TEXT AMENDMENT NO. 10
CARRIED UNANIMOUSLY. 7-0.
Page 18
City of Auburn Council Meetin;] Minutes December 6, 1999
Councilmember Borden stated that Policy Text Amendment
No. 11 was discussed in length at a prior Council meeting.
Councilmember Borden expressed a desire for
accommodations to be made at this intersection, to see
traffic impact fees on the ballot very soon, and to go to a
corridor level of service (LOS) to avoid going through
emergency amendments to LOS at intersections.
Councilmember Lewis concurred with Councilmember
Borden and questioned the specific process required to go
forward tonight regarding the two intersections, which are
over capacity. Councilmember Lewis expressed interest in
comments from Councilmembers and the Public Works
Committee relating to extending the LOS
Councilmember Wagner indicated he would support the 120-
second delay for the two intersections in question.
In response to questions from Councilmembers Poe and
Wagner, Mr. Mullen stated that at this time there are no
other intersections that will require a LOS extension. There
has been a 21 percent increase in traffic over the last year
through the intersection of 15th Street and Auburn Way
North, which is one of the busiest intersections in Auburn.
So far, the intersection of "M" Street and Auburn Way South
is not near failure with the recommended level of service.
In response to questions from Councilmember Lewis, Mr.
Mullen explained that the intersection of 8m Street and
Harvey Road has already been recommended to go to level
of service F of 120 seconds of delay. Mr. Mullen stated that
Mr. Rupert believes that this establishes a precedent for
recommending a similar level of service at the intersection of
15~ Street and Auburn Way North.
Councilmember Barber stated that she would support the
recommended level of service of 120-second delay.
Councilmember Borden moved to adopt Policy Text
Amendment No. 11 amended to increase the delay to 120
seconds at 15th and Auburn Way North. Councilmember
Lewis seconded.
Page 19
City of Auburn Council Meetin;I Minutes December 6, 1999
MOTION CARRIED UNANIMOUSLY. 7-0.
MOTION TO ADOPT ORDINANCE NO. 5317 AS
AMENDED TO RETAIN AN3.2 AND ADD THE WORDS "IN
THE VICINITY SOUTH OF 10TM STREET" UNDER POLICY
TEXT AMENDMENT NO. 10 AND AMEND POLICY TEXT
AMENDMENT NO. 11 TO INCREASE THE DELAY TO 120
SECONDS AT 15TM AND AUBURN WAY NORTH CARRIED
UNANIMOUSLY. 7-0.
Ordinance No. 5320
Ol .8
An Ordinance of the City Council of the City of Auburn,
Washington, adopting a new City Code Chapter 10.68
entitled "Sitting or Lying on Public Sidewalks in Downtown
and Neighborhood Commercial Zones".
Councilmember Poe moved and Councilmember Cerino
seconded to introduce and adopt Ordinance No. 5320.
In response to questions from Councilmember Wagner,
Police Chief Kelly displayed a map of the area that would be
affected by Ordinance No. 5320.
Councilmember Poe stated that the purpose is to address
the areas where the problems are currently occurring.
Councilmember Singer pointed out that Ordinance No. 5320
is closely tailored after the City of Seattle's ordinance, which
has been upheld in court, in part because it was narrow in
focus.
In response to questions from Councilmember Borden, Chief
Kelly stated that the City of Seattle ordinance has been in
effect for approximately six years. It has been utilized and
tested through the courts on its enforceability, and the
ordinance has been upheld.
MOTION CARRIED UNANIMOUSLY. 7-0.
Page 20
City of Auburn Council Meeting Minutes December 6, t999
Ordinance No. 5323
F3.14
An Ordinance of the City Council of the City of Auburn,
Washington, adopting the budget for the City of Auburn,
Washington, for the year 2000.
Councilmember Barber moved and Councilmember Wagner
seconded to introduce and adopt Ordinance No. 5323.
In response to questions from Councilmember Poe, Ms.
Supler stated that the changes in the Comprehensive Sewer
Plan are due to the changes and shortages in staffing and
the need to complete the Comprehensive Sewer Plan as
soon as possible. The City is relying on outside contracting
to complete it.
MOTION CARRIED UNANIMOUSLY. 7-0.
Ordinance No. 5324
An Ordinance of the City of Auburn, Washington extending
interim zoning of C-2 (Central Business District) on properties
within portions of downtown Auburn, and extending
amendments to Title 18, Chapter 18.28, as defined within
this Ordinance to be effective for a period of up to one year,
and setting a date for a public hearing on extension of the
interim zoning.
Councilmember Borden moved and Councilmember Singer
seconded to introduce and adopt Ordinance No. 5324.
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolutions
Resolution No. 3128
A3.16.9
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 with Henderson,
Young and Company for services related to the
development and implementation of a concurrency
Page 21
City of Auburn Council Meetin;I Minutes December 6, 1999
ordinance and concurrency management system and to
conduct a transportation impact fee rate study.
Councilmember Wagner moved and Councilmember Cerino
seconded to adopt Resolution No. 3128.
Discussion followed regarding the need for an additional
study on traffic impact fees and the need for a concurrency
ordinance.
Councilmember Wagner modified his motion to delete all of
Tasks No. 10 and No. 11 of Appendix "A". Councilmember
Cerino seconded.
MOTION CARRIED. 6-1. Councilmember Singer voted no.
Resolution No. 3130
04.5.5
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
a Local Agency Railway Agreement with the Union Pacific
Railroad Company for construction of cantilever mounted
signals and gates at the grade crossing of 37th Street NW
and the Union Pacific Railroad line.
Councilmember Wagner moved and Councilmember Cerino
seconded to adopt Resolution No. 3130.
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 3131
A Resolution of the City Council of the City of Auburn,
Washington, in support of allowing states flexibility to impose
safety requirements beyond the federal requirements of
Congressional oversight hearings, and Congressional
strengthening of rules regarding pipeline operation,
maintenance and public reporting.
Councilmember Borden moved and Councilmember Singer
seconded to adopt Resolution No. 3130.
Page 22
City of Auburn Council Meetint:l Minutes December 6, 1999
Councilmember Poe noted a scriveners error on page 2,
paragraph 4. The words "the safety" should be deleted from
line 2.
MOTION TO ADOPT RESOLUTION NO. 3131 AS
CORRECTED CARRIED UNANIMOUSLY. 7-0.
Resolution No. 3132
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 2000-2001
between the City and Tuttle McCrumb, P.L.L.C., Attorneys at
Law.
Councilmember Barber moved and Councilmember Lewis
seconded to adopt Resolution No. 3132.
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 3135
03.1 ANX0003-98
A Resolution of the City Council of the City of Auburn,
Washington, relating to its intention to annex certain
property, located on the southwest portion of the Lea Hill
potential annexation area.
Resolution No. 3135 was adopted under item II.A.2 of these
minutes.
VIII. MAYOR'S REPORT
Executive Session
Mayor Booth recessed the meeting to executive session at 9:52 for
approximately 35 minutes in order to discuss two real estate issues
and negotiations.
Mayor Booth reconvened the meeting at 10:05 PM.
Page 23
City of Auburn Council Meetin;i Minutes December 6, 1999
IX.
ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 10:05 PM.
Approved on the *~'~' day of ~ ,1999.
Charles ^. Booth, Mayor
~anielle Daskam, City Clerk
Page 24