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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". Page 1 ]" 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. Page 2 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. Page 3 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 Page 5 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. Page 6 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 Page 7 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. Page 12 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