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HomeMy WebLinkAbout11-06-2000 CITY OF AUBURN COUNCIL MEETING MINUTES November 6, 2000 7:30 PM I. CALL TO ORDER A. Flag Salute Mayor Charles A. Booth called the meeting to order at 7:30 PM and led those in attendance in the Pledge of Allegiance. B. Roll Call Mayor Booth and the following Councilmembers were present: Rich Wagner, Jeanne Barber, Trish Borden, Fred Poe, Sue Singer, Pete Lewis, and Stacey Brothers. Staff members present included: Police Chief Jim Kelly, Assistant Fire Chief Russ Vandver, Personnel Director Brenda Heineman, Parks and Recreation Director Dick Deal, Finance Director Diane L. Supler, Assistant Finance Director Shelley Coleman, Public Works Director Christine Engler, City Engineer Dennis Dowdy, Special Projects Engineer Jack Locke, Storm Drainage Engineer Tim Carlaw, Project Engineer Scott Nutter, Planning and Community Development Director Paul Krauss, Principal Planner David Osaki, Associate Planner Shirley Aird, City Attorney Michael J. Reynolds, Assistant City Clerk Tamie Bothell, and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements There were no announcements. Page1 City of Auburn Council Meetinfi Minutes November 6, 2000 2. Appointments a) Human Services Committee A1.8 City Council to confirm the appointment of Barbara Derda to fill an unexpired term to expire December 31, 2003 City Council to confirm the appointment of Largo Wales to fill an unexpired term to expire December 31, 2004. City Council to confirm the appointment of Anne Wetmore to a term to expire December 31, 2004. Councilmember Wagner moved and Councilmember Lewis seconded to confirm the appointment of Barbara Derda, Largo Wales, and Anne Wetmore to the Human Services Committee. MOTION CARRIED UNANIMOUSLY. 7-0. D. Agenda Modifications Agenda modifications included the transmittal of correspondence received from Buck & Gordon LLP, Darrell and Marilyn Dollinger, Robert C. Jones, Lyle R. Johnson, Bertha M. Harvey, and Silvio E. Zepeda regarding the Year 2000 Comprehensive Plan Amendments transmitted under Item II.A.4 of these minutes; the addition of a request to set the date for a public hearing on the Local Law Enforcement Block Grant transmitted under Item IV.D.3 of these minutes; the addition of a request to set the date for a public hearing on the proposed annexation of Lakeland Phase II transmitted under Item IV.D.4 of these minutes; the text of Ordinance Nos, 5445, 5446, 5447, 5448, 5449, 5452, 5453 and 5472; and the addition of Resolution No. 3273. Page 2 City of Auburn Council Meetinn Minutes November 6, 2000 II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. 2001 Budget F3.15 The 2001 Preliminary Budget for the fiscal year January 1, 2001 through December 31, 2001 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 2001 Budget. The City Council will consider revenue sources and possible increases in property tax revenues. Using overhead slides, Assistant Finance Director Shelley Coleman presented the staff report for the 2001 Budget, including revenue sources and possible increases in property tax revenues. Total City revenues for 2001 are estimated at $115,365,000. The largest source of revenue is intergovernmental revenue which includes grant funds, notably funding for the 277th Street Project. Intergovernmental revenue is estimated at $35,036.000. Other major sources of City revenue come from taxes and charges for services, such as utility services. Tax revenue is estimated at $30,772,000. Revenue from charges for services is estimated at $29,847,000. Fines and forfeitures are estimated at $566,000. Miscellaneous revenues, which include interest revenue and interfund rentals, are estimated at approximately $4 million. Other sources of revenue include loans and bonds and interfund transfers. Estimated General Fund Revenue for 2001 includes: property taxes of $10.6 million, sales tax of $12.5 million, utility tax of $5.2 million, other taxes of $844,000, licenses and permits of $1.4 million, intergovernmental revenue of $1.5 million, charges for services of $1.3 million and miscellaneous revenue of $1.5 million. The 2001 property tax revenue is calculated at the levy rate of $2.86 per thousand dollars of assessed valuation. Last year's levy rate was $3.01 per thousand dollars. The levy rate is based on an estimated increase of assessed Page 3 City of Auburn Council Meetinn Minutes November 6, 2000 valuation of seventeen percent. In accordance with Referendum 47, the levy is calculated at 102.61 percent, the rate of the implicit price deflator. The increase over the year 2000 includes $406,500 from new construction, $377,000 from annexations, and $265,700 from the existing tax base. Initiative 722, if passed on November 7, 2000, will impact the property tax levy. I 722 rolls back real and personal property values to 1999 levels and limits increases to the lessor of inflation or two percent. Additionally, it limits new construction values to the 1999 value increased by the lessor of inflation or two percent. I 722 also limits increases on values to the lessor of inflation or two percent. If I 722 passes, the 2001 levy would be adjusted to comply. The 2001 levy base would be rolled back to the 2000 level. The City would not be able to include any new construction, annexations or refund levies from last year. The net loss to the City would be approximately $660,000 and does not include revaluations for new construction. Ms. Coleman presented an analysis of sales tax collections over the past five years. She noted that the 2001 estimate for sales tax collection is less than the amount expected for collection in 2000. She believes that the increases in the interest rate over the past several months will slow sales. Ms. Coleman presented comparisons between 2000 budgeted revenues and 2001 projected revenues. Ms. Coleman predicted that economic growth will slow, King County's unemployment rate will remain low, and the overall economic environment will remain stable. If Initiative 722 passes, future property tax levies will be limited. Mayor Booth opened the public hearing on the proposed 2001 Budget. No one in the audience requested to speak regarding the budget. Councilmember Barber moved and Councilmember Lewis seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Page 4 City of Auburn Council Meeting Minutes November 6, 2000 2. Application No. ANX00-0004 03.1 ANX00-0004 City Council to consider an annexation petition submitted by -property owners to annex approximately 91 acres consisting of the Cobble Creek Subdivision Phase I and properties southward, and generally bounded by the Green River on the west. Mayor Booth opened the public hearings on Application Numbers ANX00-0004 and ZOA00-0010 simultaneously. Associate Planner Shirley Aird presented the staff report on the petition to annex and the proposed zoning amendment for the Cobble Creek area. She presented an overhead slide depicting the 91-acre area proposed for annexation. The area is adjacent to the city limits in the area of the Auburn Golf Course and another portion of the Cobble Creek subdivision previously annexed. On June 19, 2000, the City Council reviewed the initial request for annexation. The Council modified the boundaries of the proposed annexation area to remove the Hazelwood Heights Water District and add other properties to the south. The City Council then authorized the preparation and circulation of the sixty-percent petition. Sufficiency of the sixty-percent petition was certified by the County Assessor's Office on October 10, 2000. Ms. Aird explained that in order to accommodate the annexation of the Cobble Creek/Holt annexation area, the area must be rezoned prior to passage of an annexation ordinance. The City Council will consider amendments to the zoning map that would designate areas designated by King County as "RI" to the City's zoning designation of LHRS. Areas designated by King County as "R4" would be designated LHR1 under the City's Zoning Code. Ms. Aird explained that zoning designations were applied that would most closely match the underlying county zoning. She noted major differences between County and City zoning. County zoning includes a broader definition of allowed uses Page 5 Citv of Auburn Council Meetinn Minutes November 6, 2000 and calculates density based on gross area. A map of the proposed zoning was displayed on an overhead slide. Councilmember Poe inquired about the Kofal property located in the nodheast corner of the proposed annexation area. He questioned the effect of City zoning on the Kofal properbj, and asked for a comparison of development under King County zoning to development under the City's proposed zoning. Ms. Aird explained that the County uses base density. The City of Auburn bases density on minimum lot size and excludes unbuildable land from the calculation. The Kofal property is just less than ten acres in size and is too small to fall under the City's PUD ordinance. Planning Director Krauss added that King County calculates density on gross acreage including unbuildable lands. Therefor, density under King County zoning is more than under City zoning. In response to a question from Councilmember Poe, Mr. Krauss explained that the property is not large enough for a PUD. Also, the property is located between two single family neighborhoods. Jack Lynch, 1001 NE Boat Street, Seattle, WA Mr. Lynch identified himself as a representative for Allen Kofal, property owner within the proposed annexation area. Mr. Lynch presented a handout containing his comments. Mr. Lynch reported that in 1993 King County zoned Mr. Koffel's property SR9600-P. The ."P" suffix condition limits development to townhouses only based on development constraints. Approximately half the Kofal property is constrained due to steep slopes. In 1995 the County changed all zoning designations in the county. The Kofal property zoning designation was changed to R-4-P, retaining the townhouse condition to allow 39 units. In June of this year, Mr. Kofal received correspondence from the City regarding the annexation petition. Mr. Lynch reported the correspondence from the City indicated a commitment to retain the intent of current County zoning, upon annexation the City would apply zoning most closely matching County zoning, and multi-family development would be allowed in areas where currently permitted, Mr. Page 6 City of Auburn Council Meetin_Q Minutes November 6, 2000 Kofal signed the petition based on the content of the June correspondence from the City. In August, Mr. Kofal received notice of a scheduled Planning Commission hearing on zoning for the annexation area which reiterated the intent of the City but also stated that no new areas would be designated for multi-family. Mr. Lynch stated that Mr. Kofal submitted correspondence to the Planning Commission expressing concern with the proposed LHR1 zoning as it is not a close match to the current County zoning for his property. However, Mr. Kofal submitted his letter too late to be considered by the Planning Commission. Mr. Lynch pointed out that City Zoning Code Section 18.45.010 provides LH zoning districts will be similar if not the same as other zoning districts in the city. Some variations are needed to recognize King County zoning and the development permitted using the County zoning. Section 18.45,050 provides that the City will recognize the terms of any contract rezone or similar contractual obligation that may have been approved prior to the effective date of the annexation. Mr. Kofal's position is that the conditional zoning that the County placed on his property was similar to a contractual obligation. Mr. Lynch stated Mr. Kofal will lose approximately two-thirds of his development rights under the City's LHR1 zoning designation. Mr. Lynch contended that the City's references to the Lea Hill Task Force Report are inaccurate. Mr. Lynch requested that further consideration be given to the proposed zoning for Mr. Kofal's property. He requested that the City apply LHR4 zoning designation to the Kofal property. The LHR4 zoning would allow townhouses, but subject to a contractual rezone or concomitant agreement that would limit development to only townhouses and limit the amount of development to that allowed in an R4 zone. Allen Kofal, 14740 North Windshade Drive, Tucson AZ Page 7 City of Auburn Council Meetinn Minutes November 6, 2000 Mr. Kofal advised that the City's proposed zoning of his property would result in a $500,000 to $600,000 loss in development for his property. Mr. Kofal explained that he purchased his property in 1979, and the property represents his and his wife's retirement nest egg. He noted that the Hazelwood Heights property was deleted from the annexation area, and if he had known the impact of the proposed zoning on his property, he would have requested his property removed from the annexation petition as well. Mike Monroe, Johns Monroe and Mitsunaga, 1500 114t~ Avenue SE, Bellevue, WA' Mr. Monroe identified himself as an attorney with the firm of Johns Monroe Mitsunaga representing Mr. Kofal. Mr. Monroe requested that the City Council either designate Mr. Kofal's property with zoning that is comparable to the type of zoning and development Mr. Kofal could have had under King County zoning or remove Mr. Kofal's property from the proposed annexation area. Mr. Monroe contended that the City's proposed zoning results in a severe loss of value for Mr. Kofal's property. If the property is annexed and the property zoned as LHR1, twenty-six of thirty-nine units will be lost. The result is a $500,000 to $700,000 decrease in the market value of the property. Mr. Monroe cited a 1975 court case, Metropolitan Park District versus State. He quoted a portion of the Supreme Court's decision regarding Washington State's conduct, "The conduct of state should always be scrupulously just when dealing with its citizens, and where a public official acting within his authority and with knowledge of the pertinent facts has made a commitment and according to whom it was made has acted to his detriment and in reliance on that commitment, the official should not be permitted to revoke that commitment. Therefore, it is evident that the more forthrightness is demanded from the State than of the average citizen." Mr. Monroe stated that when Mr. Kofal first received written communications from the City, he relied on that. He urged the Council to apply LHR4 zoning designation to the Kofal property to allow townhouses on his property at the level approved by the County. Page 8 City of Auburn Council Meetinn Minutes November 6, 2000 Councilmember Wagner questioned whether Mr. Kofal would be able to develop his property under the City's LHR4 designation to the extent allowed by King County. Planning Director Krauss confirmed that the City's density is computed on net area while King County calculates density on gross area. Therefor, even under LHR4 fewer units would be allowed than under the current County zoning designation. Councilmember Borden noted that the LHR4 zone also allows hospitals and group residence facilities and other uses not allowed under R1. She questioned whether a contract rezone could be implemented to limit development to townhomes. Planning Director Krauss advised there is no vested contract for Mr. Kofal's property. King County allowed for special understandings about what would happen on Mr. Kofal's property, but no submittal was ever made. Councilmember Poe expressed concern with what Mr. Kofal can do with his property today compared to what he could do with the same property after it is annexed to the city. In response to a question from Councilmember Poe, Associate Planner Aird and Mr. Kofal identified the sensitive areas on the property. Mr. Kofal stated that approximately two-thirds of the property is unbuildable. Councilmember Brothers questioned the implications of deleting Mr. Kofal's property from the annexation. Planning Director Krauss stated Mr. Kofal could develop thirty-nine townhomes which would probably be accessed only through the city of Auburn. Mr. Kofal rebutted that there is access to his property via 108th SE. Largo Wales, 10339 SE 304th Place, Auburn, WA Mr. Wales explained that she and Mr. Bob Holt began the annexation campaign following a Cobble Creek membership meeting among seventy-four single-family home residents. She expressed eagerness to be a part of the city and receive city police and fire services. She expressed concern with the potential development of the Kofal property with townhomes. She requested the Council approve the Page 9 City of Auburn Council Meetin~ Minutes November 6, 2000 annexation and prevent construction of multi-family units on the Kofal property. Bob Holt, 10417 SE 302nd, Auburn, WA Mr. Holt advised that his home is located on the main street accessing the Cobble Creek Subdivision. He expressed concern with the possible traffic impact from possible multi- unit development on the Kofal property. Councilmember Poe inquired whether the streets within the Cobble Creek Subdivision are private streets. Mr. Holt and Ms. Wales indicated the streets are no longer private streets. Councilmember Borden moved and Councilmember Singer seconded to close the public hearing. Councilmember Poe stated he sympathizes with adjacent property owners but does not feel it is fair to Mr. Kofal to change the zoning. He indicated he would probably vote against the annexation. Councilmember Wagner expressed concern whether private streets exist in Cobble Creek. MOTION TO CLOSE THE PUBLIC HEARING CARRIED UNANIMOUSLY. 7-0. Councilmember Lewis suggested tabling a decision on the annexation and zoning amendment. Planning Director Krauss offered to clarify any questions with regard to the Cobble Creek Subdivision streets, the legal standing of Mr. Kofal's property, and access to Mr. Kofal's property. Councilmember Borden noted that in the past the City has not included properties in annexations where there was strong opposition from the property owner. However, the City has also told the property owners that as the City proceeds with annexations on Lea Hill, their property will be annexed. She indicated she is reluctant to include Mr. Page10 City of Auburn Council Meetin~l Minutes November 6, 2000 Kofal's property in the annexation, She agreed to tabling the decision. Councilmember Wagner agreed with tabling the decision. He spoke in favor of excluding Mr. Kofal's property from the annexation or the ability to offer Mr. Kofal similar zoning and development to that offered under King County zoning. Councilmember Lewis moved and Councilmember Singer seconded to table Application Nos. ANX00-0004 and ZOA00-0010, Councilmember Poe requested staff also look at providing buffering from townhouse development and single family homes. He also requested staff research possible access for the Kofal property and verify the status of the Cobble Creek Subdivision streets. Councilmember Singer noted that the City has more control over the development of the Kofal property if it is within the city rather than if it remains in the county. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Application No. ZOA00-0010 03.4.2.2 City Council to consider an amendment to the Comprehensive Zoning Map of the City of Auburn to accommodate the annexation of a portion of the Lea Hill area known as the Cobble Creek/Holt Annexation. The amendment includes a change to the Zoning Map to apply Lea Hill (LH) Districts to the area generally known as the "Cobble Creek/Holt Annexation" area. The hearing for Application No. ZOA00-0010 was held simultaneously with the hearing for Application No. ANX00- 0004 under Item II,A.2 of these minutes, Page 11 City of Auburn Council Meeting Minutes November 6, 2000 4. Year 2000 Comprehensive Plan Amendments 03.4.3 This public hearing is an opportunity for public input prior to consideration of the Year 2000 amendments to the Comprehensive Plan. Mayor Booth explained that the hearing for each proposed Comprehensive Plan amendment would be opened separately, testimony taken, the hearing closed for each separate amendment, and action taken on each individual proposed amendment. Comprehensive Plan Map (CPM) Amendments: CPM #1 Mara Heiman, et al. Map amendment request from Single Family Residential to Light Industrial for multiple properties located in the South 287th Street/West Valley Hwy area. These properties lie outside the existing city limits but are within Auburn's Potential Annexation Area (PAA). Principal Planner David Osaki explained that this evening the Council will consider nine map amendments that were initiated by private individuals and three map amendments initiated by the City. Mr. Osaki noted that the applicant for Comprehensive Plan Map Amendment No. 8 has withdrawn his request. Principal Planner David Osaki presented the staff report for Comprehensive Plan Map Amendment No. 1. The map amendment was submitted by Mara Heiman on behalf of several property owners to change the map designation from Single Family Residential to Light Industrial. The properties are in an area along West Valley Highway and 287th Street. The Planning Commission recommended approval of the request. Staff recommends that if the Council chooses to support the applicant's request, the Light Industrial designation be limited to those properties or portions of properties located at the base of the hillside and excluded from the hilltop. Mayor Booth opened the public hearing on Comprehensive Plan Map Amendment No. I Page 12 City of Auburn Council Meetin~ Minutes , November 6, 2000 Carol Cerimele, 12756 Evanson North, Seattle, WA Ms. Cedmele indicated she is the property owner who has not signed Ms. Heiman's petition for the Comprehensive Plan Map amendment. She s~ated she has owned her property for sixty- eight years and has some issues with the proposed change, .especially any tax impact. Mara Heiman, 6430 South 287th Street, Auburn, WA Ms. Heiman spoke on behalf of Comprehensive Plan Map Amendment No. 1. Ms. Heiman explained that she initiated her request for a Comprehensive Plan Map amendment in July. She indicated that staff previously explained to her that a Map amendment would not affect property taxes; however subsequent annexation and rezone would affect their taxes. She and other adjacent property owners have agreed to pursue a rezone and annexation when they can locate a buyer for all their properties. The Map amendment affects approximately seventy acres adjacent to the northwest city limits. She stated that the residential quality for the area has changed over the past two decades. The growth pattern has been primarily of industrial uses on the fiat valley floor, while the residential uses have been concentrated on the plateau. She believes it would benefit her neighborhood to conform to the existing adjacent zoning. The subject properties are within close proximity of the freight routes with easy access to multiple arterials. Several property owners in the audience stood as a show of support for the Comprehensive Plan Map amendment. Gary Volchock, 16400 Southcenter Parkway, Tukwila, WA 98188 Mr. Volchock spoke in favor of proposed Comprehensive Plan Map Amendment No. 1. He suggested that one developer who can afford to develop the property to appropriate standards could purchase the property. He also suggested that the additional industrial land would be a beneficial element for the City of Auburn. Councilmember Borden moved and Councilmember Singer seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Page 13 City of Auburn Council Meetin.Q Minutes November 6, 2000 Councilmember Wagner questioned whether the property to the north is designated agricultural land. Principal Planner Osaki confirmed that King County has designated the property to the north as agricultural land. Councilmember Borden stated that it is premature for the City to consider annexation of the subject property. The Comprehensive Plan and zoning changes should be part of the · annexation. She expressed a desire for staff and the Council to spend more time on considering the planning issues and how the City would serve the area if annexed. Councilmember Borden moved and Councilmember Singer seconded to deny Comprehensive Plan Amendment Number 1. In response to a question from Councilmember Poe, Storm Drainage Engineer Carlaw explained that the Comprehensive Drainage Plan treats the subject area as a rural area, and the City does not have a recommendation on any infrastructure improvements to correct storm drainage in the area. He noted that King County has initiated an additional study to supplement the Mill Creek Flood Control Plan to look at the' storm drainage issues in the area. MOTION CARRIED. 6-1. Councilmember Brothers voted no. CPM #2 Bristol Properties and Northward Homes Inc.IGentra Inc. Map amendment request from Bristol Properties and Northward Homes, Inc./Gentra Inc. from Public & Quasi-Public to High Density Residential; Single Family Residential to Moderate Density Residential; High Density Residential to Light Commercial; and the removal of the Northeast Auburn Special Area Plan Area Designation for properties in northeast Auburn generally located in the "1" Street NE, 277th Street, and Green River area. Principal Planner Osaki presented the staff report for Comprehensive Plan Map Amendment Number 2. Bristol Properties and Northward Homes initiated the request to change the Comprehensive Plan designation for 52 acres. The properties are located in Northeast Auburn, generally Page 14 City of Auburn Council Meetinn Minutes November 6, 2000 along the Green River, 277th Street, future "1" Street NE and the Port of Seattle wetland mitigation area. The Planning Commission and staff both recommend approval of the request. Anna Nelson, 1011 Western Avenue, Suite 902, Seattle, WA Ms. Nelson identified herself as a land use planner with the firm of Buck and Gordon working with the property owners. She explained that the existing zoning and Comprehensive Plan designation for the properties come from a 1990 contract rezone that was never actualized. She spoke in favor of the Comprehensive Plan Map amendment and removal of the Northeast Auburn Special Plan Area Designation. George Thurtle, 11837 NE 43rd Place, Kirkland, WA Mr. Thurtle identified himself as the representative for Bristol .Properties, Inc. He spoke in favor of the Comprehensive Plan Map amendment to allow logical development of the area, including regional infrastructure needs. Ronald B. Stein, 16620 1 lth Avenue SW, Seattle, WA Mr. Stein identified himself as one of the property owners located west of the proposed amendment. He expressed support for the Comprehensive Plan Map amendment and the straightening of the "1" Street NE alignment. Councilmember Borden moved and Councilmember Singer seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Borden moved and Councilmember Singer seconded to approve Comprehensive Plan Map Amendment No. 2. MOTION CARRIED UNANIMOUSLY. 7-0. CPM ~3 South Ventures Inc./Kawasaki Family Limited Partnership. Map amendment request from High Density Residential to Heavy Commercial for the eastern portion of the Page 15 City of Auburn Council Meeting Minutes November 6, 2000 property located in the 4200 (approximate) block of Auburn Way North (east side). , Principal Planner Osaki presented the staff report for Comprehensive Plan Map Amendment No. 3. The amendment was initiated by Sound Ventures Inc. on behalf of the Kawasaki Family Limited Partnership for property located on the east side of the 4200 block of Auburn Way North. The rear property line would abut future "1" Street NE. The property consists of approximately four acres. The Planning Commission recommended approval of the amendment. The staff recommendation is denial of the request. Mayor Booth opened the public hearing on Comprehensive Plan Map Amendment No. 3. Doug Klappenbach, Sound Ventures Inc., 320 106th Avenue NE, Suite 100, Bellevue, WA 98004 Mr. Klappenbach spoke on behalf of the proponent. He explained that the property is currently divided approximately two-thirds as heavy commercial and one-third as residential. The majority of the properties south of the proposal and between Aubum Way North and "1" Street NE are zoned heavy commercial. He suggested that the alignment of future "1" Street NE would make a better separation between the heavy commercial and high density residential. Councilmember Borden moved and Councilmember Singer seconded to close the public headng. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Borden agreed with the staff recommendation. She objected to heavy commercial development extending to "1" Street NE. Councilmember Borden moved and Councilmember Wagner seconded to deny the request for Comprehensive Plan Map Amendment No. 3. MOTION FAILED. 3-4. Councilmembers Singer, Barber, Lewis and Poe voted no. Page 16 City of Auburn Council Meetinn Minutes November 6, 2000 Councilmember Singer moved and Councilmember Lewis seconded to approve Comprehensive Plan Map Amendment No. 3. MOTION CARRIED. 4-3. Councilmembers Wagner, Borden and Brothers voted no. CPM #.4 Thomas Academy. Map amendment request from existing Light Industrial with transition to Public and Quasi-Public plan designation to proposed Light Industrial with transition to Heavy Commercial for property located at approximately 49th Street (north side) between B Street NW and Auburn Way North. Expansion of the Public and Quasi- Public designation in place of Light Industrial to the east of Thomas Academy site on the south side of 49th Street is also proposed. A realignment of the. "Heavy Commercial" boundary for properties east of the Thomas Academy site is proposed to promote consistency with the existing C-3 zoning designations. Principal Planner Osaki presented the staff report for Comprehensive Plan Map Amendment No. 4. The proposed amendment is consistent with the area-wide zoning amendments approved by the Council eadier this year. Mayor Booth opened the public hearing on Comprehensive Plan Map Amendment No. 4. No one in the audience requested to speak. Councilmember Borden moved and Councilmember Singer seconded to close the public headng. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Borden moved and Councilmember Singer seconded to approve Comprehensive Plan Map Amendment No, 4. MOTION CARRIED UNANIMOUSLY. 7-0. Page 17 City of Auburn Council Meetin.Q Minutes November 6, 2000 CPM #-5 Andrew Benedeffi. Map amendment request from Moderate Density Residential to Office/Residential for Lots 9, 10, 11, block 11 Railread Addition to Auburn (0.385 acres). Properties are generally located on M Street (west side) and 6th Street (north side). Principal Planner Osaki presented Comprehensive Plan Map Amendment Number 5 and 6. The applicants initiated the Map amendments for properties located on M Street SE north of the intersection of 6th Street NE. The proposal is to change the Comprehensive Plan Map designation from Moderate Density Residential to Office/Residential. If appreved, Office/Residential designation would be extended to the west side of M Street and approach single family residences. Both the Planning Commission and staff recommend denial of the requests. Mayor Booth opened the public hearing on Comprehensive Plan Map Amendment Numbers 5 and 6. No one in the audience requested to speak regarding the proposed amendment. Councilmember Borden moved and Councilmember Singer seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Borden moved and Councilmember Poe seconded to deny Comprehensive Plan Map Amendment Numbers 5 and 6. MOTION CARRIED UNANIMOUSLY. 7-0. CPM #6 Richard Kosier. Map amendment request from Moderate Density Residential to Office/Residential for Lot 12, Block 11, Railread Addition to Auburn (0.121 acres). Properties are generally located on M Street (west side) and 6th Street (north side). See Comprehensive Plan Map Amendment No. 5 for action on Comprehensive Plan Map Amendment No. 6. Page 18 City of Auburn Council Meetin.el Minutes November 6, 2000 CPM #7 Auburn Properties (Utility Vault Co.). Map amendment request from Moderate Density Residential/Heavy Commemial to Heavy Industrial. Subject properties (approx. 6.6 acres per applicant) are immediately north of the existing Auburn Propedies' Heavy Industrial designation (approx. 34.5 acres per applicant) and have no A Street frontage. Principal Planner Osaki presented the staff report for Comprehensive Plan Amendment No. 7. The applicant, Auburn Properties for Utility Vault Company, initiated the request to change the Comprehensive Plan Map designation from Heavy Commercial and Moderate Density Residential to Heavy Industrial. The amendment would allow the expansion of the existing heavy industrial use. The proponent.acquired the subject properties, comprising approximately 6.6 acres, in 1970 and 1998. The larger parcel was acquired by the applicant in 1970, and at that time the property was designated as commercial. Sometime between 1984 to 1988, the property was rezoned as residential, probably through an area-wide zoning change. The Planning Commission recommendation is denial of the request. Mr. Osaki quoted from Comprehensive Plan Land Use Policy LU-116 which states: "Heavy industrial uses shall be stdctly prohibited from the Community Serving Area of Auburn (see Map 3.2). The only exceptions to this general policy shall be the continued heavy industrial use of the area east of "A" Street .SE as shown on the Comprehensive Plan Map." The Planning Commission interpreted the policy as meaning it would not allow the expansion of a heavy industrial use on the east side of "A" Street SE. Mayor Booth opened the public headng on Comprehensive Plan Map Amendment No. 7. J. B. Rupert, Rupert Engineering, 1519 West Valley Highway, Auburn, WA Mr. Rupert spoke on behalf of the applicant. The applicant has owned the property for approximately thirty years. The property was purchased from United Concrete Pipe Company, which Page 19 City of Auburn Council Meetinn Minutes November 6, 2000 was an industrial use. The entire property was fenced approximately twenty years ago. The current owner has used the property as a heavy industrial use for the past thirty years. The property owner was unaware that his property was rezoned residential during the 1980's. Mr. Rupert stated neither the property owner nor the City has records indicating the property owner was notified of the zoning change. Mr. Rupert presented a copy of a City of Aubum Hearing Examiner Notice of Public Headng dated October 22, 1985 that contained a zoning map of the area with the subject properties designated as M2. Mr. Rupert explained that the Utility Vault Company is a subsidiary of the Oldcastle Company, which was recently purchased by the MA Segale Company, now known as ICON. Mr. Rupert advised that ICON had looked at possibly locating a truck maintenance facility and corporate office building on the subject property, but has since decided to locate the truck maintenance facility at another location. The property in question has been used for storage of underground utility products. In response to a question from Councilmember Brothers, Mr. Rupert advised that Utility Vault Company has no other planned use for the property other than storage of precast concrete products. Councilmember Borden inquired whether a buffer between the subject property and the residential area to the north exists. Planning Director Krauss stated that a thirty-foot buffer is required. Mr. Rupert added that within the last six months, Utility Vault Company is building a fifteen foot bermed landscaped buffer along the north and east boundary of the property. Councilmember Borden moved and Councilmember Singer seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Page 20 City of Auburn Council Meeting Minutes November 6, 2000 Councilmember Borden moved and Councilmember Singer seconded to approve Comprehensive Plan Map Amendment No. 7. MOTION CARRIED UNANIMOUSLY. 7-0. CPM #8 Buck and Gordon on behalf of Nicholson Development Properties LLC (Applicant)lBNSF property owner. Map amendment request from Light Industrial to Heavy Commercial for property located at 41st/Ellingson and A Street (northwest comer of intersection). Area proposed for amendment is part of a larger parcel. Generally proposal covers an area extending 350 feet north of the 41st Street SE and A Street SE intersection. Principal Planner Osaki advised that Comprehensive Plan Map Amendment No. 8 was withdrawn by the applicant. CPM #9 Evergreen Tucci Partners LLC. Request to amend the Comprehensive Plan Map within various Lakeland South PUD locations. Principal Planner Osaki presented the staff report for Comprehensive Plan Map Amendment No. 9. The applicant, Evergreen Tucci Partners, has requested a Comprehensive Plan Map amendment for several locations within the Lakeland South PUD as follows: move the area designed as "School" to the area presently described as "Seniors"; amend the Plan map from Single Family Residential to Moderate Density Residential to accommodate the movement of the area described as "Seniors" to the area presently designated as "School"; amend the Plan map at the northeast comer of the intersection of Lake Tapps Parkway East and Lakeland Hills Way from Moderate Density Residential to Light Commercial; amend a 1.5 acre parcel at the intersection of Elizabeth Avenue SE and the proposed Lakeland Hills Loop Road from Light Commercial to Moderate Density Residential; and amend the line between the park designated Public and Quasi-Public and the adjacent Open Space designation to the west to reflect graded slope and also amend the map to designate property from Moderate Density Residential to Public and Quasi-Public in the immediate area. Page 21 City of Auburn Council Meetinn Minutes November 6, 2000 Mayor Booth opened the public headng for Comprehensive Plan Map Amendment No. 9. Dennis Hanberg, Apex Engineering PLLC, 2601 South 35th Street, Tacoma, WA Mr. Hanberg spoke on behalf of the applicant. He advised that the owner's representative, Mr. Chris Huss, is also in attendance this evening. Mr. Hanberg spoke in favor of the proposed amendment and expressed support for the Planning Commission and staff recommendations. Councilmember Borden moved and Councilmember Singer seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Borden moved and Councilmember Singer seconded to approve Comprehensive Plan Map Amendment No. 9. MOTION CARRIED UNANIMOUSLY. 7-0. CPM #17 West Main Residential Area (North of Main Street) Amend the Comprehensive Plan land use map from Heavy Industrial and High Density Residential to Office/Residential for property generally bounded by H Street NW, 2nd Street NW, F Street NW and an alley, excepting an existing industrial use located on the west side of G Street NW. Principal Planner Osaki submitted additional correspondence received this evening from Lloyd Haworth at 24 G Street NW, David and Valede Simpson at 23 F Street NW, Patty Sherman at 20 G Street NW, and Mark Walker at 25 F Street NW. Principal Planner Osaki presented the staff report for Comprehensive Plan Map Amendment No. 17. The proposed amendment came about as part of the City's area-wide zoning process eadier this year. The area in question is zoned M2 Heavy Industrial. The current Comprehensive Plan Map designation consists of Heavy Industrial and High Density Residential. During the Council's area-wide zoning process, Page 22 City of Auburn Council Meeting Minutes November 6, 2000 the Council took no action to amend the zoning map and deferred to the Comprehensive Plan amendment process to allow further review and discussion among the residents and staff. Staff recommended an Office/Residential Comprehensive Plan designation for this area, excepting the industrial use on the west side of G Street NW. In considering the testimony, the Planning Commission recommended denial of the Office/Residential designation. Mr. Osaki explained that the Planning Commission's recommendation was not so much opposition to the Office/Residential designation, but the desire of the Planning Commission that the area's residents, business owrrers and/or property owners to meet and develop a consensus on future land use for the area. Mayor Booth opened the public hearing on Comprehensive Plan Amendment No. 17. Roger Montgomery, 11 F Street NW, Auburn, WA Mr. Montgomery spoke as a property owner and business owner in Aubum. He recommended the City Council approve the Comprehensive Plan Map amendment. He spoke in favor of a residential designation and against an industrial use designation. Valerie Simpson, 23 F Street NW, Auburn, WA Ms. Simpson spoke as a property owner. She spoke in favor of a residential use designation. Marilyn Dollinger, 12 G Street NW, Aubum, WA Ms. Dollinger spoke in favor of Comprehensive Plan Map Amendment No. 17 to change the map designation to Office/Residential. She stated the designation would allow the existing homes to remain, allow growth in the neighborhood, and provide a buffer from the heavy industrial uses to the north. Alexis Montgomery, 11 F Street NW, Aubum, WA Mrs. Montgomery advised that she and her husband did not receive the questionnaire/survey distributed by the Planning Department to other residents of the area. She and her husband have lived in their home for the past three years. She spoke against the heavy industrial designation for the area and in favor of the Office/Residential designation. Page 23 City of Auburn Council Meeting Minutes November 6, 2000 David Grambush, 102 H Street NW, Aubum, WA Mr. Grambush spoke as a property owner residing at 102 H Street NW. He spoke in favor of the Office/Residential designation. He stated his pdmary concem was the inclusion of the Hugh McNiven property. If the Hugh McNiven property is left with the M2 designation, there are many more uses allowed under the M2 that are worse than Hugh McNiven, and very few that are better. Lyle Johnson, 32 G Street NW, Auburn. Mr. Johnson advised that he and his wife own the building and business at 32 G Street NW. They purchased the property in 1998 because it was zoned industrial. The property is currently used for a family-owned commercial printing business with ten employees. Mr. Johnson spoke in favor of retaining industrial designation as his building was constructed for heavy commercial purposes and would not have much resale value under the Office/Residential designation. He spoke in favor of retaining the current industrial designation. He proposed an altemative to designate the properties to the north (including his, Robert Jones and the Hugh McNiven properties) as industrial and apply the Office/Residential designation to those properties to the south. Mr. Johnson asked for an exemption from the proposed amendment. Robert Jones, 101 F Street NW, Aubum, WA Mr. Jones stated he owns a 1,000 square foot building located at 101 F Street NW. The building was constructed in 1984 as a machine shop. He agreed with the comments made by Mr. Lyle Johnson. He stated that before he purchased the building, he called the City to determine if there were any future zoning changes anticipated. None were anticipated at that time. He objected that the Hugh McNiven property is not included in the proposed amendment. Mr. Jones spoke in favor of retaining the industrial designation as his building was constructed for heavy commercial purposes and would not have much resale value under the Office/Residential designation. Christopher Johnson, 14218 SE 201 st Street, Kent, WA 98042 Mr. Johnson identified himself as a licensed civil engineer in the state of Washington, representing his father, Lyle Johnson. Mr. Page 24 City of Auburn Council Meetin_cl Minutes November 6, 2000 Johnson spoke in favor of retaining the current Comprehensive Plan designations. He stated it is not viable to convert heavy industrial property to office or residential uses. He contended that the amendment would result in a spot rezone. He requested that if the Council proceeds with the amendment, Mr. Johnson's property and the property to the east of his property retain the M2 designation. Alternatively, he suggested the Council could retain the M2 designation for the properties north of the southem boundary of the McNiven property and apply the Office/Residential designation to the properties south of the McNiven property. Councilmember Poe questioned whether the Johnson and Jones properties and their current uses would be allowed under a light industrial designation. Planning Director Krauss confirmed that they would be allowed under M1. Councilmember Poe suggested that properties east of G Street NW could be designated M1, properties west of G Street NW could be designated M2, and all properties approximately south of the McNiven property could be designated Office/Residential. Councilmember Brothers questioned the reason for excluding the McNiven property from the proposed amendment. Planning Director Krauss stated the McNiven property is clearly an M2 type use. With the current zoning of M2 Heavy Industrial, existing homes in the area are purchased and converted to industrial use. Planner Osaki clarified that the current zoning is M2 and the Comprehensive Plan designation is a combination of Heavy Industrial and High Density Residential. Councilmember Borden moved and Councilmember Singer seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Lewis spoke against imposing any change on the property owners and in favor of the residents deciding their own destiny. Page 25 City of Auburn Council Meetinn Minutes November 6, 2000 Councilmember Lewis moved and Councilmember Brothers seconded to deny Comprehensive Plan Map Amendment No. 17. Councilmember Borden noted that the area in question has been struggling for the past nine years to retain its residential character. She spoke in favor of a Residential/Office designation for the south part of the area and the north part of the area designated as light industrial. Councilmember Wagner spoke in favor of Councilmember Poe's suggestion to designate the properties north of the south property lines of existing industrial properties east of G Street NW as M1, the Hugh McNiven property and the properties adjacent to and directly west Hugh McNiven would be designated M2, and properties south of the described properties would be designated ResidentiaVOffice. Councilmember Singer suggested tabling action on Comprehensive Plan Map Amendment No. 17 until the next Council meeting. Councilmember Lewis withdrew his motion to deny the Comprehensive Plan Map amendment. Councilmember Borden spoke in favor of tabling action on the amendment and discussing the matter at the next Planning and Community Development Committee. Councilmember Lewis moved and Councilmember Poe seconded to table Comprehensive Plan Map Amendment No. 17. MOTION CARRIED UNANIMOUSLY. 7-0 CPM #18 West Main Residential Area (South Side of Main Street) Amend the Comprehensive Plan land use map to extend the High Density Residential designation westerly to G Street SW, just south of Main Street to 3rd Street SW, replacing the existing Light Industrial designation. Page 26 City of Auburn Council Meetin.cl Minutes November 6, 2000 Principal Planner Osaki presented the staff report for Comprehensive Plan Map Amendment No. 18. The proposed amendment would extend the High Density Residential designation westerly to G Street SW just south of Main Street to 3rd Street SW. Mr. Osaki pointed out two businesses that currently exist within the proposed amendment area. If the proposed amendment is approved, both businesses would become nonconforming uses. The Planning Commission recommended approval of the amendment. Mayor Booth opened the public headng on Comprehensive Plan Map Amendment No. 18. AI Thumler, True Square Metal Products, 640 1st Street SW, Auburn, WA Mr. Thumler proposed that the dividing line between Light Industrial and Residential should be the back property lines of the homes on F Street SW. He spoke against a high density residential use. Councilmember Borden moved and Councilmember Singer seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Borden moved and Councilmember Singer seconded to approve the proposed map amendment with an adjustment of the division line to the' rear property lines along G Street SW. MOTION CARRIED UNANIMOUSLY. 7-0. CPM #19 West Main Street (North and South Sides) Amend the Comprehensive Plan map by designating properties currently designated "Light Commercial" and one parcel "Light Industrial" to "Downtown", generally on the north and south sides of West Main Street between D Streets NW/SW and H Street NW (excepting West Auburn High School and a parcel at the southwest corner of West Main Street and G Street SW). Page 27 City of Auburn Council Meetinn Minutes November 6, 2000 Principal Planner David Osaki presented the staff report for Comprehensive Plan Amendment No. 19. The amendment would change the subject area from Light Industrial and Light Commercial designations to Downtown. The reduced setbacks for the Downtown area may encourage redevelopment. The Downtown designation also encourages pedestrian oriented development from the Interurban Trail to the downtown area. The Planning Commission recommended approval of the amendment. Mayor Booth opened the public hearing on Comprehensive Plan Map Amendment No. 19. No one in the audience requested to speak. Councilmember Borden moved and Councilmember Singer seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Borden moved and Councilmember Singer seconded to approve Comprehensive Plan Amendment No. 19. MOTION CARRIED UNANIMOUSLY. 7-0. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. For clarification of these minutes, audience participation was taken immediately following the staff report for Item II.A.1 of these minutes. Bruce Alverson, Sunbreak Caf~ Mr. Alverson expressed support for the Sound Transit parking garage and the City's efforts to acquire retail space on the first floor of the garage and additional parking spaces. He suggested a merchant association, which would control the retail space and manage care of public restrooms, shared use of the common open space, and common promotion. Mr. Alverson indicated a desire to rent approximately 1,000 square feet. Page 28 City of Auburn Council Meetin_~ Minutes November 6, 2000 George Hutchison, 11224 SE 320th Street, Auburn, WA Mr. Hutchison recalled that he addressed the Council at their last meeting. He thanked City Attorney Reynolds for meeting with him earlier today regarding Mr. Hutchison's desire to construct a radio antenna on his property. Mr. Hutchison questioned the necessity for a variance to construct a amateur radio antenna. He urged the City to be a leader in addressing the issue of amateur radio tower zoning. C. Correspondence No correspondence was received for City Council review. III. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Due to time constraints, no Committee report was given. The minutes are on file and are a matter of public record. B. Planning & Community Development Due to time constraints, no Committee report was given. The minutes are on file and are a matter of public record. C. Public Works Due to time constraints, no Committee report was given. The minutes are on file and are a matter of public record. D. Finance Due to time constraints, no Committee report was given. The minutes are on file and are a matter of public record. IV. CONSENTAGENDA A. Minutes 1. Minutes of the October 16, 2000 regular City Council meeting. Page 29 City of Auburn Council Meetin_el Minutes November 6, 2000 B. Vouchers F4.9.2,F4.9.5 1. Claims Claims check numbers 156220 through 156696 in the amount of $2,502,971.78 for Period 10 and dated November 6, 2000; and wire transfers in the amount of $1,616.69. 2. Payroll Payroll check numbers 260500 to 260666 in the amount of $322,511.69 and electronic deposit transmissions in the amount of $648,590.81 for a grand total of $971,102.50 for the pay period covering October 11, 2000 to October 31, 2000. C. Contract Administration 1. 2000-2001 BRAVO! Series Artist Contracts A3.16.5 City Council to approve the following artist contracts for the 2000-2001 BRAVO! Series: Encore Playhouse March 2 & 3, 2001 $ 8,000 Evergreen City Ballet April 6 & 7, 2001 $15,000 Auburn Symphony Assn Feb 17 & 18, 2001 $15,000 2. Small Works Project Number C9062 05.2 C9062 City Council to reject all bids received for Project Number C9062, Brannan Park Field #1 Re-Lighting, and grant permission to re-advertise for bids. 3. Public Works Project Number C0005 04.7.9 City Council to reject all bids received for Project Number C0005, Street Waste Solids Handling and Decant Facility. 4. Public Works Project Number C9009 04.11.1 c9009 City Council to approve Contract Change Order No. 5 in the amount of $21,000.00 to CA Carey for Contract Number 99- 25, Project C9009, Well 2 and Well 6 Construction. Page 30 City of Auburn Council Meetinn Minutes November 6, 2000 5. Public Works Project Number C8001 o4.12.1 c8001 City Council to approve Final Pay Estimate No. 4 in the amount of $9,900.00 to Gary Merlino Construction and accept construction of Public Works Project Number C8001, Contract Number 00-02, Terrace Drive Illumination and Pedestrian Walkway. 6. Public Works Project Number C9013 o4.9.1 c9013 City Council to approve Final Pay Estimate No. 4 in the amount of $(3,223.75) to RW Scott Construction and accept construction of Public Works Project Number C9013, Contract Number 99-18, J Street - Street Improvements. D. Call for Public Hearinq 1. 2001 Budget F3.15 City Council to call for a public hearing to be held December 4, 2000 to receive public comment on the 2001 Budget. 2. Year 2000 Comprehensive Plan Amendments 03.4.3 City Council to call for a public hearing to be held November 20, 2000 to receive public comment on certain proposed Year 2000 Comprehensive Plan amendments, specifically, Comprehensive Plan Map (CPM) amendments 10 through 16; CPM 20 through 27; and all Policy/Text (P/T) amendments (1 through 10). 3. Local Law Enforcement Block Grant F5.4.1 City Council to call for a public hearing to be held November 20, 2000 to receive public comment on a Department of Justice Local Law Enforcement Block Grant in the amount of $45,206 and City matching funds in the amount of $5,023 to pay overtime costs for activities associated with the Community Oriented Policing Program. Page 31 City of Auburn Council Meetina Minutes November 6, 2000 4. Application No. ANX00-0005 O3.1 ANX00-0005 City Council to call for a public hearing to be held November 20, 2000 to receive public comment on the proposed annexation of Lakeland Phase II E. Surplus Property F4.6.1 1. Police Department 1 large camera casing (Serviceable) 1 large Javelin B/W video camera, Serial #:' 3196. (Serviceable) 1 large Javelin B/W video camera, Serial #: B0034L6, Model #: TC1020 (Serviceable) 1 small Javelin B/W video camera, Serial #: 2004002, Model #: JE7642 (Serviceable) 1 small Javelin B/W video camera, Serial #: 96460796, Model #: JE7642 (Serviceable) 1 small Javelin BAN video camera, Serial #: 2002212, Model #: JE7642 (Serviceable) 1 small Javelin BAN video camera, Auburn city #: 0012100366, Serial #: 97031663, Model #JE942 (Serviceable) 1 sn~all Javelin BAN video camera, Serial #: 4200017, Model #: JE7742 (Serviceable) 1 small Javelin BAN video camera, Serial #: 96460788, Model #: JE942 (Serviceable) I small Javelin BAN video camera, Serial #: 2004001, Model #: JE7642 (Serviceable) 1 small Javelin BAN video camera, Serial #: 2002211, Model #: JE7642 (Serviceable) 1 BAN Javelin Monitor, Serial #: 8804462 (Serviceable) I BAN Javelin Monitor, Serial #: 8804461 (Serviceable) 1 BAN Ikegami Monitor, Serial #: 14487 (Serviceable) 7 Black plugs, Model #: 306402400E (Serviceable) 1 Black plug, Model #: PS1520 (Serviceable) 1 Black plug, Model #: PS7201 (Serviceable) I Tan plug, Model #: XP2420 (Serviceable) I Tan plug, Model #: PNXF240 (Serviceable) I Tan switch unit, No numbers (Serviceable) 1 Black switch unit, Auburn city #: 0012100123 (Serviceable) I Ohaus scale - 700 series (Serviceable) 1 Sharp Calculator (Serviceable) 1 Sharp Adding Machine (Serviceable) 1 Metal Roll Chart (Serviceable) 11 Chairs (Serviceable) 2 Small Metal File Racks, Wall Mount (Serviceable) 6 Each Single Metal Bed Frames (Serviceable) 2 each 5 drawer File Cabinets (Serviceable Page 32 City of Auburn Council Meetina Minutes November 6, 2000 Councilmember 'Barber moved and Councilmember Borden seconded to approve the Consent Agenda as modified. MOTION CARRIED UNANIMOUSLY. 7-0 V. UNFINISHED BUSINESS There was no item under this section for City Council review. VI. NEW BUSINESS A. Application No. REZ00-0006 03.8 REZ00-0006 City Council to consider the request of the City of Auburn Public Works Department to rezone Auburn Storm Utility property located near Fulmer Field Park at 8th Street NE from R-2, Single Family residential, to I, Institutional. Councilmember Borden moved and Councilmember Singer seconded to approve the rezone based on the Hearing Examiner's Findings of Fact, Conclusions and Conditions and instruct the City Attorney to prepare the necessary ordinance. MOTION CARRIED UNANIMOUSLY. 7-0. VII. ORDINANCES AND RESOLUTIONS A. O~inances 1. Ordinance No. 5444 F5.3 An Ordinance of the City Council of the City of Auburn, Washington, approving acceptance of the King County Office of Cultural Resource appropriation and expenditure of grant funds in the amount of Five Thousand and No/100 Dollars ($5,000.00), and authorizing the Mayor to execute Contract No. D28757D Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No, 5444. MOTION CARRIED UNANIMOUSLY. 7-0. Page 33 City of Auburn Council Meeting Minutes November 6, 2000 2. Ordinance No. 5445 A3.13.4, O4.9.1 PR 562 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the acquisition of certain property and/or property rights, acquisition of any necessary easements and/or easement rights and/or temporary construction easements by eminent domain providing for the payment thereof; authorizing the City Attorney to prepare a petition for condemnation in the Superior Court in and for the county of King and for the prosecution thereof for the acquisition of such property and/or property rights of property located at 8014 South 277th Street, Kent, WA 98032, Tax Parcel 000040-0001 which are necessary for City Project No. PR 562. Councilmember Wagner moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5445. MOTION CARRIED UNANIMOUSLY. 7-0. 3, Ordinance No. 5446 A3.13.4, O4.9.1 PR 562 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the acquisition of certain property and/or property rights, acquisition of any necessary easements, including slope easements and/or easement rights and/or temporary construction easements by eminent domain, providing for the payment thereof; authorizing the City Attorney to prepare a petition for condemnation in the Superior Court in and for the county of King and for the prosecution thereof for the acquisition of such property and/or property rights of property located at 8014 South 277th Street, Kent, WA 98032, Tax Parcel Number 000680- 0002 which are necessary for City Project PR 562. Councilmember Wagner moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5446. MOTION CARRIED UNANIMOUSLY. 7-0. Page 34 City of Auburn Council Meeting! Minutes November 6, 2000 4. Ordinance No. 5447 A3.13.4, O4.9.1 PR 562 An Ordinance of the City Council of the .City of Auburn, Washington, .authorizing the acquisition of certain property and property rights by eminent domain providing for the payment thereof; authorizing the City Attorney to prepare a petition for condemnation in the Superior Court in and for the county of King and for the prosecution thereof for the acquisition of such property and property rights for property located at 15 49th Street NW, Auburn, WA 98001, Tax Parcel Number 936000-0183 which are necessary for the City Project PR 562. Councilmember Wagner moved to introduce and adopt Ordinance No. 5447. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Ordinance No. 5448 A3.13.4, O4.9.1 PR 562 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the acquisition of certain property and property rights by eminent domain providing for the payment thereof; authorizing the City Attorney to prepare a petition for condemnation in the Superior Court in and for the county of King and .for the prosecution thereof for the acquisition of such property and property rights of property located at 15 49th Street NW, Auburn, WA, 98001 Tax Parcel Number 936000-0185 which are necessary for City Project PR 562. Councilmember Wagner moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5448. MOTION CARRIED UNANIMOUSLY. 7-0. Page 35 City of Auburn Council Meetina Minutes November 6, 2000 6. Ordinance No. 5449 A3.13.4, O4.9.1 PR 562 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the acquisition of certain property and/or property rights, acquisition of any necessary easements and/or easement rights and/or temporary construction easements by eminent domain providing for the payment thereof; authorizing the City Attorney to prepare a petition for condemnation in the Superior Court in and for the county of King and for the prosecution thereof for the acquisition of such property and property rights of property located at 27605 78th Avenue South, Kent, WA 98032, Tax Parcel Number 000680-0004 which are necessary for City Project PR 562. Councilmember Borden left the Council Chambers at this time. Councilmember Wagner moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5449. MOTION CARRIED UNANIMOUSLY. 6-0. 7. Ordinance No. 5452 A3.13.4, O4.9.1 PR 562 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the acquisition of certain property and property rights by eminent domain providing for the payment thereof; authorizing the City Attorney to prepare a petition for condemnation in the Superior Court in and for the county of King and for the prosecution thereof for the acquisition of such property and property rights designated as northeasterly corner of Frontage Road and located at 44th Street Northwest, Auburn, WA 98001, Tax Parcel Number 936000-0005 which are necessary for City Project PR 562. Councilmember Wagner moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5452. MOTION CARRIED UNANIMOUSLY. 6-0. Page 36 City of Auburn Council Meetinn Minutes November 6, 2000 8. Ordinance No. 5453 A3.13.4, O4.9.1 PR 562 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the acquisition of certain property and property rights by eminent domain providing for the payment thereof; authorizing the City Attorney to prepare a petition for condemnation in the Superior Court in and for the county of King and for the prosecution thereof for the acquisition of such property and property rights of .property located at 7728 South 277th Street, Kent, WA 98032, Tax Parcel Number 000680-0029 and 00680-0032 which are necessary for City Project PR 562. Councilmember Wagner moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5453. MOTION CARRIED UNANIMOUSLY. 6-0. 9. Ordinance No. 5454 A3.13.4, O4.9.1 PR 562 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the acquisition of certain property and property rights by eminent domain providing for the payment thereof; authorizing the City Attorney to prepare a petition for condemnation in the Superior Court in and for the county of King and for the prosecution thereof for the acquisition of such property and property rights of property located at the 7700 block of South 277th Street, Kent, WA 98032, Tax Parcel Number 000680-0032 which are necessary for City Project PR 562. Ordinance No. 5454 was withdrawn from the agenda. Councilmember Borden returned to the Council Chambers at this time. Page 37 City of Auburn Council Meeting Minutes November 6, 2000 10. Ordinance No. 5459 o3.4.1.7, F5.4.3 An Ordinance of the City of Auburn, Washington to amend Ordinance Number 5065, as amended by Ordinance Number 5311, which appropriated Community Development Block Grant (CDBG) funds in 1998, and Ordinance Number 5190, which appropriated CDBG funds in 1999, and Ordinance Number 5311, which appropriated CDBG funds in 2000, to release certain unused CDBG funds in order to reappropriate such funds for use during the 2001 CDBG program year in addition to the City's entitlement funds; and to appropriate a total amount of Four Hundred Fifty-four Thousand Four Hundred and ninety-two Dollars ($454,492) for the 2001 program year; and to authorize the Mayor to implement the approved programs and projects. Councilmember Borden moved and Councilmember Singer seconded to adopt Ordinance No. 5459. MOTION CARRIED UNANIMOUSLY. 7-0. 11. Ordinance No. 5465 03.8 REZ00-0003 An Ordinance of the City Council of the City of Auburn, Washington, providing for the rezoning of property located at the west side of Academy Drive in the 3400-3800 blocks within the city of Auburn, Washington, changing the zoning classification from R-1 (single family) to R-2 (single family). Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5465. MOTION CARRIED UNANIMOUSLY. 7-0. 12. Ordinance No. 5468* (Wagner/Engler) F5.2.15, O4.9.1 PR 562 An Ordinance of the City Council of the City of Auburn, Washington, approving Transportation Improvement Board grant funds as provided in the Project Agreement for design proposal for PR 562, South 277th Street Reconstruction Project. Page 38 City of Auburn Council Meetino Minutes November 6, 2000 Councilmember Wagner moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5468. MOTION CARRIED UNANIMOUSLY. 7-0. 13. Ordinance No. 5470 F3.15 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 2001, representing an increase over regular property taxes levied for collection in 2000. Councilmember Barber moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5470. Councilmember Poe questioned the increase in property taxes in 2001. Finance Director Supler clarified that the amount levied represents an increase but the levy rate per $1,000 will decrease. MOTION CARRIED UNANIMOUSLY. 7-0. 14. Ordinance No. 5472 A3.13.4, O4.9.1 PR 562 An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance 5432 which authorized the acquisition of certain property and property rights by eminent domain, provided for the payment thereof; authorized the City Attorney to prepare a petition for condemnation in the Superior Court in and for the county of King and for the prosecution thereof for the acquisition of a portion of such property and property rights located at 27617 Valley Hwy South, Tax Parcel Number 936000-0191 to correct the property description and to authorize acquisition of any necessary easements and/or easement rights and payment for two temporary construction easements which are necessary for City Project PR 562. Councilmember Wagner moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5472. Page 39 City of Auburn Council Meetin.~ Minutes November 6, 2000 MOTION CARRIED UNANIMOUSLY. 7-0. B. Resolutions 1. Resolution No. 3270 A3.13.9 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and the City Clerk to execute a Payback Agreement Developer's Extension between the City of Auburn and Geonerco Inc. Councilmember Wagner moved and Councilmember Poe seconded to adopt Resolution No. 3270 MOTION CARRIED UNANIMOUSLY. 7-0. 2. Resolution No. 3273 03.1 ANX00-0004 A Resolution of the City Council of the City of Auburn, Washington, relating to its intention to annex cedain property, located adjacent to the city limits within the Lea Hill Potential Annexation Area. Resolution No. 3273 was postponed due to the tabling of action on Application No. ANX00-0004 under Item II.A.2 of these minutes. 3. Resolution No. 3274 A3.13.2, 04.2.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn, to execute an Agreement and Easement for water pipeline between the City and Puget Sound Energy. Councilmember Wagner moved and Councilmember Poe seconded to adopt Resolution No. 3274. MOTION CARRIED UNANIMOUSLY. 7-0. Page 40 City of Auburn Council Meeting Minutes November 6, 2000 4. Resolution No. 3275 05.1.3 A Resolution of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn to execute an Agreement with Phillip Levine to design, fabricate and install a work of art for the "J" Street entry to Les Gove Park. Councilmember Borden moved and Councilmember Singer seconded to adopt Resolution No. 3275. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Resolution No. 3276 A1.3, O4.11 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute an Agreement between the City and the other participation jurisdictions within the Green/Duwamish Watershed Resource Inventory Area (WRIA 9) for the purpose of participating in the joint funding, development, review and approval of WRIA based watershed plans. Councilmember Wagner moved and Councilmember Poe seconded to adopt Resolution No: 3276. MOTION CARRIED UNANIMOUSLY. 7-0. 6. Resolution No. 3277 03.5 PLT00-0002 A Resolution of the City Council of the City of Auburn, Washington, approving the preliminary plat of a 20 lot single- family subdivision located on the west side of Academy Drive in the 3800 block, within the city of Auburn, Washington. Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Resolution No. 3277. MOTION CARRIED UNANIMOUSLY. 7-0. Page 41 City of Auburn Council Meeting Minutes November 6, 2000 7. Resolution No. 3278 O3.3.11 A Resolution of the City Council of the City of Auburn, . Washington, authorizing the Mayor and City Clerk to enter into a contract with Central Puget Sound Regional Transit Authority (Sound Transit) to procure parking stalls, retail space and exterior improvements not to exceed One Million Eight Hundred Twenty-two Thousand Dollars ($1,822,000). Councilmember Singer moved and Councilmember Wagner seconded to adopt Resolution No. 3278. Councilmember Poe stated he is not necessarily in favor of selling parking stalls or establishing Local Improvement Districts to pay for them. He encouraged the City to look out for its own needs. MOTION CARRIED. 6-1. Councilmember Brothers voted no. VIII. MAYOR'S REPORT A. Executive Session Mayor Booth recessed the meeting to executive session at 11:13 PM in order to discuss several items of litigation. Mayor Booth reconvened the meeting at 11:35 PM. IX. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 11:37 PM Approved the c~/ of(~~c~j~ ,2000. on day D Charles A. Booth, Mayor am, City Clerk Page 42