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HomeMy WebLinkAbout11-20-2000 CITY OF AUBURN COUNCIL MEETING MINUTES November 20, 2000 7:30 p.m. I. CALL TO ORDER A. Flag Salute Mayor Charles A. Booth called the meeting to order at 7:30 PM in the Council Chambers of Auburn City Hall and led those in attendance in the Pledge of Allegiance. B. Roll Call Mayor Booth and the folloiwng 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 Vandyer, Personnel Director Brenda Heineman, Parks and Recreation Director Dick Deal, Planning Director Paul Krauss, Assistant Planning Director Lynn Rued, Principal Planner David Osaki, Associate Planner Shirley Aird, Finance Director Diane Supler, City Attorney Michael J. Reynolds, Senior Planner AI Hicks, Public Works Director Christine Engler, City Engineer Dennis Dowdy, Storm Drainage Engineer Tim Carlaw, Traffic Engineer Cass Brotherton, and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements a) Boy Scout Troop 341 Mayor Booth recognized members of Boy Scout Troop 341 in attendance this evening pursuing their citizenship in the community merit badge. Members in attendance included: Rusty Barton, Ryan Froelick, Matt Smith, Kurt Howell, Adam Howell, Ben Stevens, Page1 City of Auburn Council Meeting Minutes November 20, 2000 Evan Towner, Devin Beets and their leader Dave Froelick. b) Boy Scout Troop 478 Members of Boy Scout Troop 478 attending the Council meeting as part of their efforts to achieve the citizenship in the community merit badge included: Robert Peterson, Landon Gibson IV, Joseph Nizolek, Kyle Bikken, Tony Bartley, C. J. Walker, Danny Poston, Josh Poston, Stephen Anderson, Aaron Dennings, Justin Knowles, Mathew Loomis, Girl Scout Amber Denning, Scout Master Albert Denning, and Committee Chair Landson Gibson III.. 2. Appointments There were no appointments for City Council consideration. D. Agenda Modifications Agenda modifications included correspondence transmitted from Charles L. Harper and the Muckleshoot Indian Tribe regarding the proposed Comprehensive Plan Amendments transmitted under Item II.A.3 of these minutes; the addition of bid award for the Senior Center Renovation Project No. C0016; the addition of Ordinance Nos. 5451, 5455, 5461, 5462, 5463 and 5474; the text of Resolution No. 3280, a corrected version of Resolution No. 3287, and the addition of Resolution Nos. 3288 and 3290. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Local Law Enforcement Block Grant F5.4.1 The City of Auburn's application for funding under the Department of Justice Local Law Enforcement Block Grant Program has been approved in the amount of $45,206 for the purpose of reducing crime and improving public safety. The City of Auburn proposes to utilize the grant to pay overtime costs for police officers engaged in community policing activities. Special conditions of the grant award require the City to encourage participation regarding the Page 2 City of Auburn Council Meeting Minutes November 20, 2000 proposed use of the payment under the Local Law Enforcement Block Grant. Mayor Booth opened the public hearing. No staff report was presented, and no one in the audience requested to speak regarding the Local Law Enforcement Block Grant. Councilmember Singer moved and Councilmember Wagner seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. See Item VII. A. IO of these minutes for further action regarding the Local Law Enforcement Block GranL 2. Application No. ANX00-0005 03.1 ANX00-0005 City Council to consider a petition to annex to the city of Auburn approximately 450 acres of property located adjacent to the city limits of Auburn within and adjacent to the Lakeland development located in Pierce County. The property is located in Sections 5 & 6, Township 20, Range 5 East and Section 1 Township 20 Range 4 East. Assistant Planning Director Lynn Rued presented the staff report for Application No. ANX00-0005. Using overhead slides, he located the boundaries of the proposed annexation. The annexation includes approximately 450 acres. There are eleven different property owners involved in the annexation. He identified the three major property owners using an overhead slide. The Lakeland Company owns the largest portion of property. The other major property owners are Terrace View Properties and the Thuline family. The City executed preannexation agreements for the Lakeland property and the Terrace View property, which gave the City authority to commence annexation on their behalf. Pierce County has certified the petition for annexation. The City previously approved a master development plan and zoning for both Lakeland and the Terrace View properties. Lakeland will assume the Page 3 City of Auburn Council Meetinn Minutes November 20, 2000 Lakeland South PUD zoning and the Terrace View property will assume the Terrace View zoning. The remainder of the parcels will assume the City's R1 Single Family zoning. Mr. Rued noted that later this evening the City Council will also consider a proposed Comprehensive Plan Map Amendment to change the designation along the East Valley Highway from Single Family to Light Commercial. Mayor Booth opened the public hearing. Horace Thuline Mr. Thuline identified himself as president of the corporation (Pinnacles) that owns the Thuline family property. Using overheads, Mr. Thuline reviewed the history of his property, including applications made to Pierce County for development of the property beginning in 1994. The property includes 33 acres with plans for construction of 73 homes. In 1999, he received water certificates from Bonney Lake, and approval from the Pierce County Health Department for septic systems. He also advised that he has lost four and one-half acres of the total 33 acres due to parkway right of way and easements. Mr. Thuline expressed concern with the status of his project and whether his project would need to comply with City of Auburn development standards. Planning Director Krauss noted the City of Auburn is the sewer provider for Mr. Thuline's property. He expressed concern with Mr. Thuline's proposed onsite sewage systems as the City has an aquifer recharge area in the vicinity of Mr. Thuline's property. Mr. Krauss indicated that staff does object to removing Mr. Thuline's property from the annexation area. He explained that if Pierce County does not approve onsite sewers for Mr. Thuline's development and requires connection to sanitary sewer from the City of Auburn, the Thuline property would be required to annex to the city at that time. Page 4 City of Auburn Council MeetinR Minutes November 20, 2000 Mr. Thuline explained that his plans include development of 15,000 square foot lots with onsite septic systems. If the property must be served by sanitary sewer, the large lots will be lost and the number of lots increased to recoup the cost of the sanitary sewer lines. Wayne Thuline, 24508 128th Avenue East, Graham, WA Mr. Thuline identified himself as a partner in Pinnacle Estates Incorporated. He expressed reservations with annexation to Auburn at this time. The ramifications of annexation of the Pinnacle property have not been discussed. Mr. Thuline advised that he has been working with Pierce County on the Pinnacle project since 1994 and expects construction to begin within six months. He requested resolution of issues relating to Pinnacle Estates addressed prior to annexation. He requested that the City remove the Thuline/Pinnacle property from the annexation at this time, and reconsider annexation at a later date. Assistant Planning Director Rued noted that the Pinnacle project does not a have a complete environmental review by Pierce County and has not gone through a preliminary plat process. Mr. Rued questioned whether Pierce County would approve onsite sewer for 77 lots when sanitary sewer is possible. In response to a question from Councilmember Brothers, Planning Director Krauss explained that it has been the City's position that properties served by onsite septic systems and annexed by the city could continue to use their septic system until such time as there is a failure of the system. If the system fails at some point, and sanitary sewer is available, the property would be required to connect to sanitary sewer. Mr. Krauss also advised that Mr. Thuline has been informed that if the Pinnacle development proceeds in Pierce County with onsite sewers, the City would protest the development due to environmental concerns and because sanitary sewer is available. Public Works Director Engler confirmed there is a fifteen- inch sewer main installed along the Lake Tapps Parkway and is capped at the Thuline/Pinnacle property line. Page 5 City of Auburn Council Meetinn Minutes November 20, 2000 Chris Huss, Co-Manager of Lakeland Communities, 1302-B Puyallup Street, Sumner, WA Mr. Huss spoke in favor of the proposed annexation and urged Council to proceed with the annexation process. John Cheetham, 21102 Snag Island Drive East, Sumner WA Mr. Cheetham identified himself as one of the principals of Terrace View Properties. He spoke in favor of annexation. Mike Makonen Mr. Makonen spoke against the annexation and development in the area including loss of wildlife habitat, loss of wetland, and increased traffic. Steve Nelson, 16615 15th Street Court East, Sumner, WA Mr. Nelson explained that his property is located adjacent to the proposed annexation. He expressed concern with the proposed commercial sites within the annexation area, the drained wetlands, and the impact on neighboring wells. Councilmember Borden pointed out that the densities were approved by Pierce County and are inherited by the City of Auburn. Markey Boekel, 1312 Old Man Thomas Road East, Sumner, WA Ms. Boekel expressed concern for the wildlife in the area. Virginia Haugen, 2503 R Street SE, Auburn, WA Ms. Haugen questioned whether the Lake Tapps Parkway is constructed. Planning Director Krauss advised that portions of the Parkway through the Lakeland development to the valley floor will be completed sometime in the spdng according to Pierce County. In response to another question from Ms. Haugen, Public Works Director Engler explained that the area is part of a larger aquifer recharge area described as the Lake Tapps Uplands, and extends from the White River south to Bonney Lake and Lake Tapps. Page 6 City of Auburn Council Meeting Minutes November 20, 2000 Ron Haywood, 1406 167t~ Avenue East, Sumner, WA Mr. Haywood spoke regarding development of the proposed annexation area. His property is adjacent to the proposed annexation area. He described drainage problems on his property as a result of adjacent development. 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 Lakeland Phase 2 annexation and instruct staff to forward the Notice of Intention to the Pierce County Boundary Review Board and to exclude the Pinnaclerrhuline property from the annexation petition. MOTION CARRIED UNANIMOUSLY. 7-0. 3. 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. Principal Planner David Osaki announced that Policy Text amendment No. 6 has been withdrawn from this evening's hearing as it is still under review and consideration by the Planning Commission. Comprehensive Plan Map (CPM) Amendments: CPM #10 Eliminate Designations Beyond Potential Annexation Area (PAA). Amend the comprehensive plan map to identify map designations outside the city limits consistently, by only indicating designations for the existing city limits and the "PAA", but discontinue beyond "PAA" (except see CPM #25). Principal Planner Osaki presented the staff report for Comprehensive Plan Map Amendment No. 10 which would limit land use designations on the Comprehensive Plan Map to within the Potential Annexation Area only and not beyond. Page 7 City of Auburn Council Meetin.Q Minutes November 20, 2000 Mayor Booth opened the public hearing on Comprehensive Plan Map Amendment No. 10. 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 Map Amendment No. 10. MOTION CARRIED. 6-1. Councilmember Lewis voted no. CPM #11 Eliminate "Neighborhood Commercial" Plan Designation. Amend the Comprehensive Plan map so that those few remaining parcels designated "Neighborhood Commemial" on the City Comprehensive Plan map are revised to "Light Commercial". The parcels include an area at the intersection of M Street and East Main Street, and another area on the north side of Auburn Way South in the vicinity of Hemlock, Fir and Dogwood streets. Principal Planner Osaki presented the staff report for Comprehensive Plan Map Amendment No. 11. The prcposal affects apprcximately six parcels which are currently designated Neighborhood Commercial on the Comprehensive Plan Map. In an effort to streamline the zoning code and the Comprehensive Plan, staff proposes to eliminate the Neighborhood Commercial Plan designation and replace it with Light Commercial Plan designation. Mr. Osaki reported that at the Planning Commission heating, public concern was expressed regarding the difference in development standards between the two designations. The Planning Commission recommended denial of Comprehensive Plan Map Amendment No. 11. Mayor Booth opened the public heating. Richard Smith Mr. Smith advised that he resides in the Forest Villa neighborhood. He expressed opposition to the proposed Comprehensive Plan Map Amendment No. 11. Carl Johnson, 2115 Hemlock Street SE, Aubum, WA Mr. Johnson expressed opposition to proposed Comprehensive Plan Map Amendment No. 11 and desctibed it as a detriment to his neighborhood. Viminia Hau.~en, 2503 R Street SE, Auburn, WA Ms. Haugen inquired regarding the types of uses allowed in a Light Commercial designation. Assistant Planning Director Rued responded that professional offices and other typical retail businesses are allowed in Light Commercial designated areas. Page 8 City of Auburn Council Meeting Minutes November 20, 2000 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 deny Comprehensive Plan Map Amendment No. 11. MOTION CARRIED UNANIMOUSLY. 7-0. CPM #12 Port of Seattle Wetland Mitigation Property. Amend the comprehensive plan map from "Single Family Residential" to "Public & Quasi- Public" for Port of Seattle property located in northeast Aubum east of I Street and west of the Green River to reflect its use as a wetland mitigation site. Principal Planner Osaki presented the staff report for Comprehensive Plan Map Amendment No. 12. The proposed amendment would designate the Port of Seattle wetland mitigation site from Single Family Residential to Public and Quasi Public. Mayor Booth opened the public headng. No one from the audience requested to speak. Councilmember Borden moved and Councilmember Singer seconded to close the public headng, In response to a question from Councilmember Poe, Planning Director Krauss explained that the Port would be utilizing the entire property for wetland mitigation. MOTION CARRIED UNANIMOUSLY. 7-0. Coundlmember Borden moved and Councilmember Singer seconded to adopt Comprehensive Plan Map Amendment No. 12. MOTION CARRIED UNANIMOUSLY. 7-0. CPM #13 Lea Hill Road SE (South Side) and 108a' Avenue SE (approximate). Amend the comprehensive plan map to reduce the "High Density Residential" designation at Lea Hill Road SE (South Side) and 108"' Avenue SE (approximate) to generally reflect the existing multi- family development and replace it with a "Single Family Residential" designation. Also, the Planning Commission recommends correcting a mapping oversight in this area and designating an area from "Single Family Residential" to "High Density Residential" to achieve consistency with existing zoning. Page 9 City of Auburn Council Meetinn Minutes November 20, 2000 Principal Planner Osaki presented the staff report for Comprehensive Plan Map Amendment No, 13. The amendment would correct a mapping overeight and would reflect the current zoning for the affected area. Mayor Booth opened the public hearing. No one from 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 Singer seconded to approve Comprehensive Plan Map Amendment No. 13. MOTION CARRIED UNANIMOUSLY. 7-0, CPM #14 City Water Utility Site. Designate the water utility's property at the base of Lea Hill located just east of the intersection of 104~" Ave. SE and Lea Hill Road/SE 320~ Street from "Single Family Residential" to "Public & Quasi-Public" to reflect city ownership. Principal Planner Osaki presented the staff report for Comprehensive Plan Map An'~ndment No. 14. The affected property is owned by the City's water utility. Mayor Booth opened the public hearing. No one from 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 Singer seconded to approve Comprehensive Plan Map Amendment No. 14. MOTION CARRIED UNANIMOUSLY. 7-0-. CPM #15 Fulmer Field Area (Aubum Park Property) Amend the comprehensive plan map from "Office Residential" and "Moderate Density Residential" to "Public & Quasi-Public" for property located in the vicinity of Fulmer Field (approx. M Street NE and 6th Street NE). The proposed amendment affects property purchased by the Water Utility to compensate the Parks Department for its (Water Utilities)' use of Parks Department property to build a new facility. Amendments also reflect city ownership. Principal Planner Osaki presented the staff report for Comprehensive Plan Amendment No. 15, The affacted property is owned by the City's water utility, Page 10 City of Auburn Council Meetinn Minutes November 20, 2000 Mayor Booth opened the public headng. No one from the audience requested to speak regarding Comprehensive Plan Amendment No. 15. 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. 15. MOTION CARRIED UNANIMOUSLY. 7-0. CPM # t6 City Park Site/Property (Fenster Property/Green River Area)Designate City park properties at the end of 4th Street SE near the Green River from "Single Family Residential" to "Public & Quasi-Public" to reflect public ownership. Principal Planner Osaki presented the staff report for Comprehensive Plan Map Amendment No. 16. The proposed amendment affects City owned property. Mr. Osaki noted the letter from Mr. Harper transmitted as an agenda modification. Mr. Osakj reported that the issue described by Mr. Harper in his letter has been resoived. The Planning Commission recommended approval of the amendment. Mayor Booth opened the public headng. No one from the audience requested to speak regarding the proposed amendment. 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. 16. MOTION CARRIED UNANIMOUSLY. 7-0. CPM #20 Aubum Way South and t2· Street SE Intersection Amend the Comprehensive Plan Map from "Heavy Commercial" to "Light Commercial" for properties at and near this intersection. Principal Planner Osaki presented the staff report for Comprehensive Plan Map Amendment No. 20. The proposed amendment was initiated by the Planning and Community Development Committee. The intention is to promote uses which have more aesthetic appeal and less outdoor storage. The proposed amendment would make some businesses nonconforming uses and there was public testimony at the Planning Commission hearing which opposed the amendment. The Planning Commission recommended denial of the amendment. Page 11 City of Auburn Council Meetinn Minutes November 20, 2000 Mayor Booth opened the public headng. Allen Gray, 8325 21 2~ Street SW, Edmonds, WA Mr. Gray indicated he represents the owners of the property where a Chevron gasoline station currently exists at the comer of 12~ Street SE and Auburn Way South. He indicated the property has been used as a gasoline station for several years. He expressed concem with the proposed amendment which would make the current use a conditional use. Vir.Qinia Hauclen, 2503 R Street SE, Aubum, WA Ms. Haugen spoke against Comprehensive Plan Amendment No. 20. She recalled that the gas station referred to by Mr. Allen Gray has existed at its current location since 1965 or eadier. Bdan Love, 6 B Street SE #1, Auburn, WA Mr. Love spoke regarding the current businesses located along Aubum Way South and urged the Council to deny Comprehensive Plan Map Amendment No. 20. 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 adopt Comprehensive Plan Map Amendment No. 20 for all properties except the Chevron gas station, Herr Lumber, and Big Daddy's Drive-in. Councilmembers Poe and Wagner spoke in favor of the proposed amendment as modified by Councilmember Borden. Councilmember Lewis suggested that more input from the neighborhood should be solicited before the amendment is adopted. Ron Herr Mr. Herr spoke on behalf of Herr Lumber. He expressed opposition to changing the Comprehensive Plan Map designation for the Herr Lumber property from Heavy Commercial to Light Commercial. MOTION CARRIED. 5-2. Councilmembers Barber and Lewis voted no. CPM #21 Auburn Way South & 9th Street SE (Southeast Corner) Amend the Comprehensive Plan Map from "Single Family Residential" to "Light Commercial" for certain properties at or near the southeast corner of this intersection. Principal Planner Osaki presented the staff report for Comprehensive Plan Map Amendment No. 21. The proposed amendment would establish consistency with the existing zoning. Page 12 City of Auburn Council Meetin¢l Minutes November 20, 2000 Mayor Booth opened the public hearing on Comprehensive Plan Map Amendment No. 21. No one from the audience requested to speak regarding the amendment. 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. 21. MOTION CARRIED UNANIMOUSLY. 7-0. CPM #22 Auburn Way South and Hemlock Street Multiple amendments in the vicinity of Auburn Way South (north and south side) and Hemlock Street (east side) as follows: North Side of Auburn Way South a) Amend the Comprehensive Plan Map from "Public & Quasi- Public" to "Single Family Residential" for properties that have frontage on Hemlock Street. b) Amend the "High Density Residential"/"Single Family Residential" plan map designation boundary to include more "Single Family Residential" southerly in place of "High Density Residential" along Hemlock Street (East side). c) Designate properties fronting Auburn Way South from "High Density Residential" to "Light Commercial" for several parcels along Auburn Way South near Hemlock Street SE. South Side of Auburn Way South d) Amend the comprehensive plan map from "Light Commercial" to "High Density Residential" for property near the Winchester Heights Condominium. e) Amend the Comprehensive Plan map to designate the southerly parts of certain parcels from "Light Commercial" to "Moderate Density Residential". Principal Planner Osaki presented the staff report for Comprehensive Plan Map Amendment No. 22. The amendment affects parcels around Hemlock Street and Aubum Way South. The Planning Commission recommended approval of the amendment. Mayor Booth opened the public hearing. Carl Johnson, 2115 Hemlock Street SE, Auburn, WA Page 13 City of Auburn Council Meetinq Minutes November 20, 2000 Mr. Johnson expressed concern with Item C of the proposed amendment. Item C would designate properties fronting Auburn Way South from High Density Residential to Light Commercial for several parcels along Auburn Way South and near Hemlock Street SE. He expressed opposition to any further commercial development near Hemlock Street SE. Councilmember Borden moved and Councilmember Singer seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Borden moved and Councilmember Wagner seconded to adopt Comprehensive Plan Map Amendment No. 22 with the exception of Item C. Councilmember Poe expressed opposition to retaining High Density Residential rather than Light Commercial at the corner of Auburn Way South and Hemlock Street. Councilmember Wagner suggested designating the area referred to in Item C of the amendment as Neighborhood Commercial and also spoke for further study next year. MOTION FAILED. 3-4. Councilmembers Lewis, Brothers, Poe, and Barber voted no. Councilmember Singer moved and Councilmember Borden seconded to approve Comprehensive Plan Map Amendment No. 22 with Item C designated as Neighborhood Commercial. Assistant Planning Director Rued advised that the application of the Neighborhood Commercial designation and its required setbacks would make the property undevelopable. Councilmember Singer withdrew her motion. Councilmember Poe moved and Councilmember Singer seconded to reconsider Comprehensive Plan Map Amendment No. 22. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Borden moved and Councilmember Singer seconded to adopt Comprehensive Plan Map Amendment No. 22 with the exception of Item C which should be studied further and reconsidered next year. MOTION CARRIED UNANIMOUSLY. 7-0. CPM #23 21st Place SE (Boundary Alignment Adjustment) Amend Comprehensive Plan Map to align the "Heavy Commerciar'/"Moderate Density Residential" boundary (that currently runs north-south) proximate Page 14 City of Auburn Council Meetin6 Minutes November 20, 2000 to 21" Place SE, generally near 21" Street SE, with the residential development to the east and the "Heavy Commercial" designation to the properties proximate to the A Street corridor. Amendment establishes more "Moderate Density Residential" designation in place of "Heavy Commercial". Principal Planner Osaki presented the staff report for Comprehensive Plan Map Amendment No. 23. Mayor Booth opened the public hearing on Comprehensive Plan Map Amendment No. 23. No one from the audience requested to speak regarding the proposed amendment. 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. 23. MOTION CARRIED UNANIMOUSLY. 7-0. CPM #24 Lakeland Hills South PUD. Amend. the Comprehensive Plan map from "Public & Quasi Public" to "Moderate Density Residential" for property generally located at the NW intersection of Evergreen Way SE and Lakeland Hills Way. Principal Planner Osaki presented the staff report for Comprehensive Plan Map Amendment No. 24. The site in question is intended for the community center for Lakeland Hills. The amendment proposes changing the Comprehensive Plan designation from Public and Quasi Public to Moderate Density Residential. Mayor Booth opened the public hearing. Vir.clinia Hau<3en, 2503 R Street SE, Auburn, WA Ms. Haugen requested clarification of the proposal. Assistant Planning Director Rued explained that the area is intended for the Lakeland Hills community center and part of the area will be used for the senior development. 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. 24. Page 15 City of Auburn Council Meetinq Minutes November 20, 2000 MOTION CARRIED UNANIMOUSLY. 7-0. CPM #25 Lakeland Hills Way and East Valley Highway (East Side) Area along East Valley Highway (east side) at the intersection of Lakeland Hills Way, within the City of Pacific's jurisdiction. Area is currently undesignated on the City of Auburn Comprehensive Plan. Amend the Comprehensive Plan Map to designate this area to "Public & Quasi-Public", "High Density Residential", "Heavy Commercial", "Open Space", "Light Industrial" and "Light Commercial". Principal Planner Osaki presented the staff report for Comprehensive Plan Map Amendment No. 25. The intent of the amendment is to designate land uses for the properties should the properties annex to the city of Auburn. The Planning Commission recommended approval of the amendment. Mayor Booth opened the public hearing. Virclinia Hau.clen, 2503 R Street SE, Aubum, WA Ms. Haugen indicated she has received telephone calls from residents who have heard that apartments and low-income apartments will be constructed adjacent to their properties. She spoke about the possible construction of an apartment complex in the Lakeland Hills area adjacent to single family homes. Assistant Planning Director Rued responded that in some cases, some single family homes will be adjacent to high density multi-family complexes. Councilmember Borden moved and Councilmember Singer seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7°0. Councilmember Borden noted that the area in question is within the city limits of the City of Pacific. Mayor Booth recessed the meeting at 10:25 PM for a five minute recess. Mayor Booth reconvened the meeting at 10:36 PM. Mayor Booth announced that the Council will consider the remaining Comprehensive Plan Map amendments this evening. Because of the length of the agenda and the time constraints this evening, the hearing on the proposed Comprehensive Plan policy text amendments will be carded over to the December 4, 2000 Council meeting. Councilmember Borden moved and Councilmember Singer seconded to consider Comprehensive Plan Map Amendment No. 25 at the next Council meeting and to refer the proposed amendment to the next Planning and Community Development Committee for more information from staff. Page 16 City of Auburn Council Meetinn Minutes November 20, 2000 MOTION CARRIED UNANIMOUSLY. 7-0. CPM #26 South of the Lakeland Hills Way/East Valley Highway (east side) Intersection Amend Comprehensive Plan map from "Heavy Commercial" to "Light Commercial" for properties on East Valley Highway (east side) approximately 900' to 1800' south of the above referenced intersection. Principal Planner Osaki presented the staff report for Comprehensive Plan Map Amendment No. 26. The intent of the proposed amendment is to designate properties along the frontage of East Valley Highway from Heavy Commercial to Light Commercial. Mayor Booth opened the public headng on Comprehensive Plan Amendment No. 26. John Cheetham, 21102 Snag Island Drive East, Sumner, WA Mr. Cheetham explained that the subject parcel is adjacent to his development, Terrace View. He spoke in support of the proposed Comprehensive Plan amendment. 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. 26. MOTION CARRIED UNANIMOUSLY. 7-0. CPM#26A Properties along East Valley Highway, outside of the City limits, between East Valley Highway and Lakeland Hills South. (Immediately South of CPM #26) Amend the comprehensive plan map from "Single Family Residential" to "Light Commercial" and "Heavy Commercial". This proposal affects properties outside of the existing city limits but within Aubum's Pierce County potential annexation area. The designation is primarily intended to allow for a zoning designation that best accommodates a development proposal that has been vested in Pierce County. Other properties along East Valley Highway are proposed for a "Light Commercial" plan designation. Principal Planner Osaki presented the staff report for Comprehensive Plan Map Amendment No. 26A. He corrected his description of the proposed amendment to reflect that there is no vested project for light commercial within the subject area. The Planning Commission recommended approval of the proposed amendment. Page 17 City of Auburn Council Meeting Minutes November 20, 2000 Mayor Booth opened the public hearing on Comprehensive Plan Map Amendment No. 26A. No one from 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 Singer moved and Councilmember Poe seconded to approve Comprehensive Plan Map Amendment No. 26A as corrected, MOTION CARRIED. 6-1. Councilmember Borden voted no. CPM #27 Sumner/Auburn UGA Amendment Amend the Sumner/Auburn UGA to include property within the City of Auburn's Potential Annexation Area (PAA), generally located north of East 8th Street and west of East Valley Highway/BNSF Railroad right-of-way and designate the property "Public & Quasi-Public". The City of Auburn has an agreement in principle with Sumner and Pierce County on expanding Auburn's PAA to include certain facilities surrounding the Lake Tapps Parkway. Principal Planner Osaki presented the staff report for Comprehensive Plan Map Amendment No. 27. The City of Auburn has an agreement in principle with Sumner and Pieroe County on expanding Auburn's PAA to include certain facilities surrounding the Lake Tapps Parkway. The amendment would expand the City's PAA to include land that will be part of a drainage facility for the Lake Tapps Parkway. The City of Auburn will have ownership of the drainage facility. The Planning Commission recommended approval of the amendment. Mayor Booth opened the public headng. 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. 27. MOTION CARRIED UNANIMOUSLY. 7-0. Mayor Booth continued the hearing on the Comprehensive Plan Policy Text Amendments until the regular Council meeting of December 4, 2000. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Page 18 City of Auburn Council Meeting; Minutes November 20, 2000 Brian Rudack, 121 2 Main Street, Abilene, Texas Mr. Rudack explained that he is no longer a resident of Auburn and now resides in Texas. He expressed concern with police targeting certain youth groups. He also expressed concern with drug activity by groups of youth that congregate at the Green Apple Market. Mara Heiman, 6430 South 287th Street, Kent, WA Ms. Heiman spoke regarding the Council's November 6, 2000 denial of Comprehensive Plan Map Amendment No. 1, which she and other property owners had initiated. She noted that this evening the Council acted on Comprehensive Plan designations for properties outside the city limits of Auburn, while the Council indicated that her Comprehensive Plan Map amendment was considered premature by the Council and that an annexation should be pursued first. Councilmember Singer moved and Councilmember Poe seconded to reconsider Comprehensive Plan Map Amendment No. 1. Councilmember Borden explained that she voted against Comprehensive Plan Map Amendment No. 1 because the City has not spent adequate time planning for the area, and she believes the City will not annex the area in the near future. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Singer moved and Councilmember Lewis seconded to schedule a public hearing on Comprehensive Plan Map Amendment No. 1 for the next Council meeting. MOTION CARRIED UNANIMOUSLY. 7-0. Virginia Haugen, 2503 R Street SE, Auburn, WA Ms. Haugen questioned the outcome of Comprehensive Plan Amendment No. 25. Councilmember Borden responded the proposed amendment was referred to the Planning and Community Development Committee for further information from staff. Ms. Haugen expressed concern with zoning and development in Lakeland Hills and concern with annexation and development in Pierce County. Page 19 City of Auburn Council Meetinn Minutes November 20, 2000 George Hutchison, 11224 SE 320th Street, Auburn, WA Mr. Hutchison recalled that he has addressed the Council the past - two meetings regarding zoning code requirements and his desire to construct an amateur ratio antenna on his property. He requested City Attorney Reynolds' response to a comparison of the City's zoning regulations and the intent of RCW 35.21.31 5. City Attorney Reynolds noted that the current time as 11:00 PM and that Auburn City Code 2.06.010 provides that Council meetings cannot extend beyond 11:00 PM unless the Council votes to extend the meeting. Councilmember Singer moved and Councilmember Borden seconded to extend the Council meeting an additional fifteen minutes. MOTION CARRIED UNANIMOUSLY. 7-0 City Attorney Reynolds addressed Mr. Hutchison's question. Mr. Reynolds noted there is a partial preemption in state code for amateur radio antenna. Mr. Reynolds believes that a partial preemption exists in order to balance the interests of the amateur radio operator and those of Mr. Hutchison's neighbors. Mr. Hutchison was instructed to apply for a variance from the City; however, Mr. Hutchison objects to the City's filing fee. In that case, it was suggested that Mr. Hutchison request the Council to amend the fee requirement for a variance in the case where an applicanrs request is for an amateur radio tower. Mr. Hutchison presented the Council with an unsigned written request to waive the application fee for zoning variances when a variance application for antenna support structures is submitted by a radio amateur licensed by the Federal Communications Commission. Councilmember Wagner moved and Councilmember Singer seconded to implement the request received from Mr. Hutchison. MOTION CARRIED UNANIMOUSLY. 7-0. Page 20 City of Auburn Council Meetin~ Minutes November 20, 2000 C. Correspondence 1. A letter dated November 15, 2000 addressed to the City Council from Michael P. Monroe regarding Cobble Creek Annexation. 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. CONSENT AGENDA A. Minutes 1. Minutes of the November 6, 2000 regular City Council meeting. B. Vouchers F4.9.2,F4.9.5 1. Claims Claims check numbers 156697 through 157084 in the amount of $2,244,922.00 for Period 11 and dated November 20, 2000; and wire transfers in the amount of $702,017.24. Page 21 City of Auburn Council Meetin_{3 Minutes November 20, 2000 2. Payroll Payroll check numbers 260667 to 260835 in the amount of $511,369.14 and electronic deposit transmissions in the amount of $646,860.39 for a grand total of $1,158,229.53 for the pay period covering November 1, 2000 to November 15, 2000. C. Contract Administration 1. Public Works Project Number C9009' (Wagner/Engler) o4.11.1 c9009 City Council to approve Contract Change Order No. 6 in the amount of $2,950.00 to C A. Carey Corporation for Contract Number 99-25, Public Works Project Number C9009, Well 2 and Well 6 Construction. 2. Public Works Project Number C8046 04.8.1 c8046 City Council to approve Final Pay Estimate No. 5 in the amount of $84,916.11 to Robison Construction Inc. and accept construction of Project Number C8046, Contract Number 99-15, Central Storm Drainage Improvements, Phase 1B. 3. Auburn Municipal Airport Westside Security Fencing 04.4.9.2 City Council to award the bid for the Auburn Municipal Airport Westside Security Fencing Project to Quality Fence Builders, Inc., on their low bid of $35,723.97 including Washington State sales tax, subject to the receipt of federal funding. 4. Senior Center Renovation Project No. C0016 04.4.2.1 c0o16 City Council to award the bid for the Senior Center Renovation Project Number C0016, Contract Number 00-16 to Steele Corporation on their bid of $2,002,454.77 including Washington State sales tax. Page 22 City of Auburn Council Meeting3 Minutes November 20, 2000 D. Surplus Property 1. Finance Department F4.6.1 City Council to authorize the surplus and disposal of the following described property to Computers 4 Kids- Washington, a non-profit organization: 6 GVC 14" monitors 8 MaxTech 14" monitors 13 Optiquest 14" monitors 1 Generic 14" monitor 1 Microscan 4V 14" monitor 1 MAG 14" monitor 2 DTK 14" monitors 5 Damaged keyboards 1 Non-working printer (Xerox Workcentre 450) Councilmember Barber moved and Councilmember Wagner seconded to approve the Consent Agenda as modified. MOTION CARRIED UNANIMOUSLY. 7-0. V. UNFINISHED BUSINESS For clarification of these minutes, action on Items V.A, V.B, and V.C occurred after Item I.D of these minutes. A. 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 1 and properties southward, and generally bounded by the Green River on the west. On November 6, 2000, the City Council tabled action on Application No. ANX00-0004. Councilmember Borden moved and Councilmember Singer seconded to proceed with the annexation as proposed by staff and the Planning Commission. Page 23 City of Auburn Council Meetinn Minutes November 20, 2000 In response to a question from Councilmember Poe, Assistant Planning Director Rued explained that the proposed annexation and zoning includes two zoning classifications: LHRS and LHR1. Mayor Booth called for audience participation on the annexation proposal. Mike Monroe, Johns Monroe and Mitsunaga, 1500 114th Avenue SE, Bellevue, WA Mr. Monroe referred to correspondence from himself addressed to the City Council and included in the agenda packet under Item II.C.1 of these minutes. Mr. Monroe spoke on behalf of Mr. Allen Kofal, owner of property within the proposed annexation area. Mr. Monroe recalled that at the last Council meeting, Mr. Kofal urged the Council to either zone Mr. Kofal's property with a comparable designation to that under current King County regulations or delete Mr. Kofal's property from the proposed annexation. Mr. Monroe estimated that Mr. Kofal would lose approximately $500,000 to $600,000 in development value if annexed to the city. Councilmember Borden commented that if Mr. Kofal's property is not annexed, it would be adjacent to city limits. In order to develop the property and receive City utility services, Mr. Kofal would need to develop the property to City standards. Mr. Monroe responded that the property could be developed without utilizing City water and sewer services. Councilmember Lewis spoke about the City's responsibility to annex the area in order to control development with the understanding that anything in writing from the County regarding development would carry over after annexation to Auburn. Planning Director Krauss explained that staff has always asserted that if there was vesting under King County ordinances, that vesting would survive annexation. It has never been clear whether Mr. Kofal has received any vesting under King County. To the best of staffs knowledge, Mr. Kofal has brought no project forward. He recalled that in 1999, an application was made to the City for water and sewer certificates for seventeen single-family homes on the property. The applicant later withdrew the application. Mr. Krauss noted that the Comprehensive Plan requires properties adjacent to city limits to annex or execute annexation agreements in order to Page 24 City of Auburn Council Meetin_el Minutes November 20, 2000 receive water and sewer service from the City. Councilmember Poe questioned whether the policy had been enforced. Mr. Krauss responded that he believes the policy has been followed, although the Council has waived the requirement for possibly two applicants. Largo Wales, 10339 SE 304t~ Place, Auburn, WA Ms. Wales identified herself as resident of Cobble Creek Subdivision within the proposed annexation area. She explained that she worked to promote annexation in her neighborhood in order to receive City protection. She understood there was potential for homes on the Kofal property, but she was not aware that Mr. Kofal had plans to construct townhouses on his property. She spoke against construction of townhouses on Mr. Kofal's property as the added traffic would hinder her neighborhood. Jim Farwell,10526 SE 300t" Street, Auburn, WA Mr. Farwell explained that prior to purchasing his own home in Cobble Creek he learned about the potential for construction of approximately thirty-eight townhouses on Mr. Kofal's property from King County records. However, he was unaware that the connecting street to Mr. Kofal's property would be built through his cul-de-sac. He spoke against constructing the street through the cul-de-sac where his house is located. He stated that he does not object to construction of single-family homes on Mr. Kofal's property. In response to questions from Councilmember Poe, Assistant Planning Director Rued responded that Mr. Kofal's property would be annexed to the city with the LHR1 zoning designation, which provides for 8,000 square foot lots. Frank Perkovich,10512 SE 302"d Street, Auburn, WA Mr. Perkovich indicated he lives in one of the first houses from the entry of the Cobble Creek Subdivision. He requested assurances that the creek within the proposed annexation area would be maintained and the stability of hillside would be maintained. He also questioned whether the hydrostatic pressure on the foundations of the existing homes would be impacted by construction of townhouses on Mr. Kofal's property. Planning Director Krauss responded that any development would need to go through environmental review with an opportunity for comment by the public. Page 25 City of Auburn Council Meeting Minutes November 20, 2000 Virginia Haugen, 2503 R Street SE, Auburn, WA Ms. Haugen spoke regarding rezoning and conditional use permits, traffic and degradation of neighborhoods. She accused the City Council of destroying a Comprehensive Plan developed in the 1980's. She also spoke about vandalism to her mailbox. Councilmemer Poe defended the Council and requested Ms. Haugen provide the Council with specific examples of rezones that were not consistent with the Comprehensive Plan. Ms. Haugen cited Frugals and other businesses in the vicinity of her home as well as annexation of portions of Pierce County. Jack Lynch, 1001 NE Boat Street, Seattle, WA Mr. Lynch spoke of behalf of Mr. Allen Kofal. He requested that Mr. Kofal's zoning be reflected the same as existing zoning in King County or be removed from the proposed annexation area. He also commented that a townhouse dwelling is considered a type of single family housing under the zoning code. MOTION CARRIED UNANIMOUSLY. 7-0. B. 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. On November 6, 2000, the City Council tabled action on Application No. ZOA00-0010. Councilmember Borden moved and Councilmember Singer seconded to apply the Lea Hill zoning designations to the Cobble Creek/Holt annexation area as presented by staff and the Planning Commission. MOTION CARRIED UNANIMOUSLY. 7-0. Page 26 City of Auburn Council Meetinn Minutes November 20, 2000 C. Year 2000 Comprehensive Plan Amendments 03.4.3 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. On November 6, 2000, the City Council tabled action on Comprehensive Plan Map Amendment No. 17. Mayor Booth invited audience participation on Comprehensive Plan Map Amendment No. 17. Lyle Johnson, 32 G Street NW, Auburn, WA Mr. Johnson advised that he is the owner of property at 32 G Street NW. He agreed with the proposed Comprehensive Plan amendment as revised Erin Griffin Ms. Griffin spoke on behalf of the Hugh McNiven property. She questioned whether the Hugh McNiven property would retain its heavy industrial designation. It was affirmed that Comprehensive Plan Map Amendment No. 17 includes the M2 designation for the Hugh McNiven property. Chris Johnson, 14218 SE 201st Street, Kent, WA Mr. Johnson identified himself as son of Lyle Johnson who spoke earlier. He thanked the Council, staff and the Planning and Community Development Committee for their support and recommendation of the proposed revised amendment, which would downzone his father's property, as well as others, from heavy industrial to light industrial. Councilmember Borden moved and Councilmember Singer seconded to approve Comprehensive Plan Map Amendment No. 17 as portrayed on the maps in the Council packets. Councilmember Poe noted that Council is considering a Comprehensive Plan amendment at this time, and the zoning for Page 27 City of Auburn Council Meetin{3 Minutes November 20, 2000 the properties need to be changed as soon as possible to reflect the Comprehensive Plan Map. Councilmember Singer encouraged neighborhood residents to apply for a neighborhood grant from the City. MOTION CARRIED UNANIMOUSLY. 7-0. VI. NEW BUSINESS A. Application Number PLT00-0012 03.5 PLT00-0012 City Council to consider the request of Lakeland Communities for final plat approval for Eastpointe Division No. 2, a 64 lot single family subdivision located in Pierce County within the Lakeland South PUD. Councilmember Borden moved and Councilmember Singer seconded to approve Final Plat of Eastpointe Division 2. MOTION CARRIED UNANIMOUSLY. 7-0. B. Application Number PLT00-0013 03.5 PLT00-0013 City Council to consider the request of Lakeland Communities for final plat approval for Viewridge Subdivision, a 74 lot single family subdivision located in Pierce County within the Lakeland South PUD. Councilmember Borden moved and Councilmember Singer seconded to approve Final Plat of Viewridge Subdivison. MOTION CARRIED UNANIMOUSLY. 7-0. VI I. ORDINANCES AND RESOLUTIONS A. Ordinances 1. Ordinance No. 5450 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 Page 28 City of Auburn Council Meeting; Minutes November 20, 2000 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 5002 "D" Street NW, Auburn, WA 98001-2415, Tax Parcel Number 664960-0010 which are necessary for City Project PR 562. Councilmember Wagner moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5450. MOTION CARRIED UNANIMOUSLY. 7~0. 2. Ordinance No. 5451 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 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 in property located in the vicinity of the Union Pacific Railroad grade crossing at South 277t~ Street, Kent, WA, Tax Parcel Numbers 000680-0011 and 000220-0005 that are necessary for City Project PR 562. Councilmember Wagner moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5451. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Ordinance No. 5455 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 Page 29 City of Auburn Council Meetin{3 Minutes November 20, 2000 easements and/or easement rights and/or temporary construction easements by eminent domain, providing for 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 in property lying generally east of SR 167 and north of the current northerly edge of the South 277th Street right of way, Tax Parcel Numbers 000680-0036 and 000680-0054, that are necessary for City Project PR 562. Councilmember Wagner moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5455. MOTION CARRIED UNANIMOUSLY. 7-0. At 11:15 PM, Councilmember Lewis moved and Councilmember Barber seconded to extend the Council meeting for an additional thirty minutes. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Ordinance No. 5457 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 5108 "D" Street NW, Auburn, WA 98001-2418, Tax Parcel Number 664960-0020 which are necessary for City Project PR 562. Councilmember Wagner moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5457. MOTION CARRIED UNANIMOUSLY. 7-0. Page 30 City of Auburn Council Meetin¢3 Minutes November 20, 2000 5. Ordinance No. 5458 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 5103 "D" Street NW, Auburn, WA 98001-2418, Tax Parcel Number 664960-0030 which are necessary for City Project PR 562. Councilmember Wagner moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5458. MOTION CARRIED UNANIMOUSLY. 7-0. 6. Ordinance No. 5461 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 payment thereof; authorizing the City Attorneyto 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 in property located in and around Puget Sound Energy's 100 foot utility corridor, which crosses South 277th Street, Tax Parcel Numbers 000680-0010 and 000220-0004, that are necessary for City Project PR 562. Councilmember Wagner moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5461. MOTION CARRIED UNANIMOUSLY. 7-0. Page 31 City of Auburn Council Meetin,o Minutes November 20, 2000 7. Ordinance No. 5462 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 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 in property located in or adjacent to Puget Sound Energy's 100 foot utility corridor, which crosses South 277th Street, Tax Parcel Number 000220-0004, that are necessary for City project PR 562. Councilmember Wagner moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5462. MOTION CARRIED UNANIMOUSLY. 7-0. 8. Ordinance No. 5463 A3.13.4, O4.91. 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 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 in property located in the vicinity of the Burlington Northern and Santa Fe Railroad grade crossing at South 277th Street, Kent, WA, Tax Parcel Numbers 000680-0006 and 000680-0009, that are necessary for City Project PR 562. Councilmember Wagner moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5463. MOTION CARRIED UNANIMOUSLY. 7-0. Page 32 City of Auburn Council Meetini3 Minutes November 20, 2000 9. Ordinance No. 5469 F5.2.15 An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinances 5420 and 4786 by approving additional Washington State Transportation Improvement Board grant funds to prepare and implement the SR 18/C Street SW Ramp Modifications/3rd Street SW Grade Separation Project, PR 529. Councilmember Wagner moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5469. MOTION CARRIED UNANIMOUSLY. 7-0. 10. Ordinance No. 5473 F5.4.1 An Ordinance of the City Council of the City of Auburn, King County, Washington, authorizing the acceptance of grant funds from funding under the Local Law Enforcement Block Grants (LLEBG) Program which grant has been approved by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice in the amount of Forty Five Thousand Two Hundred Six Dollars ($45,206.00) for the purpose of reducing crime and improving public safety as described in the statute; providing for a local cash match in the amount of Five Thousand Twenty-three Dollars ($5,023.00); continuing the Local Law Enforcement Block Grants Trust Fund and approving the appropriation and expenditure of the grant funds. Councilmember Singer moved and Councilmember Wagner seconded to introduce and adopt Ordinance No. 5473. MOTION CARRIED UNANIMOUSLY. 7-0. 11. Ordinance No. 5474 03.8 REZ00-0006 An Ordinance of the City Council of the City of Auburn, Washington, providing for the rezoning of property located at the south side of 8t" Street at "K" Street NE within the city of Page 33 City of Auburn Council Meetinn Minutes November 20, 2000 Auburn, Washington, changing the zoning classification from R-2 (Single Family) to I (Institutional). Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5474. MOTION CARRIED UNANIMOUSLY. 7-0. 12. Ordinance No. 5475 F4.6.3 An Ordinance of the City of Auburn, Washington, authorizing the Mayor and City Clerk to accept donations and approving the expenditure and appropriation of such donations to be used by the Auburn Parks and Recreation Department for programs and services in 2000. Councilmember Barber moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5475. MOTION CARRIED UNANIMOUSLY. 7-0. B. Resolutions 1. 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 certain property, located adjacent to the city limits within the Lea Hill Potential Annexation Area. Councilmember Borden moved and Councilmember Singer seconded to adopt Resolution No. 3273. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Resolution No. 3279 F4.6.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute an Intergovernmental Disposition of Property Agreement between the City of Pacific, the City of Algona and the City of Auburn for the disposition of certain computers and Page 34 City of Auburn Council Meetin.Q Minutes November 20, 2000 associated software and authorizing the disposition of remaining property to other groups. Councilmember Barber moved and Councilmember Lewis seconded to adopt Resolution No. 3279. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Resolution No. 3280 o4.4.12 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Agreement between the City of Auburn (City) and DLR Group for consulting services to study the community needs for a public safety building. Councilmember Singer moved and Councilmember Wagner seconded to adopt Resolution No. 3280 with a correction in the title to change the word "meet" to "study". MOTION CARRIED UNANIMOUSLY. 7-0. 4. Resolution No. 3281 A3.13.4, O4.9.1 PR 562 and C9008 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Purchase and Sale Agreement between the City of Auburn (City), and Oliver Property LLC, Parcel No. A, (Owner) in support of the 42nd Street NW Right of Way Purchase Project; Project No. C9008. Councilmember Wagner moved and Councilmember Poe seconded to adopt Resolution No. 3281. Councilmember Poe indicated he would vote against Resolution Nos. 3281, 3282 and 3283. He objected to Purchase and Sale Agreements for the properties as the City allowed the property owners to develop their property without dedicating street right-of-way. Assistant Planning Director Rued explained how the property owners were able to develop their properties under Page 35 City of Auburn Council Meetin.{i Minutes November 20, 2000 the short plat regulations without requiring dedication of street right-of-way for 42" Street NW. MOTION CARRIED. 6-1. Councilmember Poe voted no. 5. Resolution No. 3282 A3.13.4, O4.9.1 PR 562 and C9008 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Purchase and Sale Agreement between the City of Auburn (City) and Greg and Maria Wood, Parcel No. B, (Owners) in support of the 42nd Street NW Right of Way Purchase Project; Project No. C9008. Councilmember Wagner moved and Councilmember Lewis seconded to adopt Resolution No. 3282. MOTION CARRIED. 6-1. Councilmember Poe voted no. 6. Resolution No. 3283 A3.13.4, O4.9.1 PR 562 and C9008 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Purchase and Sale Agreement between the City of Auburn (City), and Michael Jones, Ronald Jones, and Carol Jones, Parcel No. C, (Owners) in support of the 42nd Street NW Right of Way Purchase Project; Project No. C9008. Councilmember Wagner moved and Councilmember Lewis seconded to adopt Resolution No. 3283. MOTION CARRIED. 6-1. Councilmember Poe voted no. 7. Resolution No. 3284 04.5.1, 04.9.1 PR 529 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Electric Supply Line License Agreement between the Burlington Northern Santa Fe Railway Company (BNSF) and the City of Auburn for the City to construct and maintain one twelve inch electrical conduit under the BNSF Railroad Page 36 City of Auburn Council Meetin{3 Minutes November 20, 2000 tracks along Main Street between "B" Street SW and "C" Street SW. Councilmember Wagner moved and Councilmember Poe seconded to adopt Resolution No. 3284. MOTION CARRIED UNANIMOUSLY. 7-0. 8. Resolution No. 3285 O3.1 ANX00-0005 A Resolution of the City Council of the City of Auburn, Washington, relating to its intention to annex certain property commonly known as the Lakeland Phase II Annexation, located on the City's southern boundary, that is south of the King/Pierce County line. Councilmember Borden moved and Councilmember Singer seconded to adopt Resolution No. 3285 with the exclusion of the Thuline property. MOTION CARRIED UNANIMOUSLY. 7-0 9. Resolution No. 3286 A3.12.5 A Resolution of the City Council of the City of Auburn, King County, Washington, authorizing the Mayor and City Clerk to execute a new contract between the City of Auburn and the public defender Tuttle-McCrumb, PLLC which new contract replaces the existing contract. Councilmember Barber moved and Councilmember Lewis seconded to adopt Resolution No. 3286. MOTION CARRIED UNANIMOUSLY. 7-0. 10. -Resolution No. 3287 A5.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute an Agreement with Rankin Design for the City's marketing brochure. Page 37 City of Auburn Council Meeting3 Minutes November 20, 2000 Councilmember Borden moved and Councilmember Singer seconded to adopt Resolution No. 3287. MOTION CARRIED UNANIMOUSLY. 7-0. 11. Resolution No. 3288 04.4,9.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Engineering Service Contract for north hangar buildings with W & H Pacific Inc. for the Auburn Municipal Airport. Councilmember Singer moved and Councilmember Wagner seconded to return Resolution No. 3288 to the Municipal Services Committee. MOTION CARRIED UNANIMOUSLY. 7-0. 12. Resolution No. 3290 01.7 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Agreement for Housing of Inmates in the Yakima County Jail, between the City of Auburn and Yakima County, Washington. Councilmember Singer moved and Councilmember Wagner seconded to introduce and adopt Resolution No. 3290. MOTION CARRIED UNANIMOUSLY. 7-0. VIII. MAYOR'S REPORT A. . Executive Session Mayor Booth recessed the meeting to executive session at 11:28 PM for approximately fifteen minutes in order to discuss real estate matters. Mayor Booth reconvened the meeting at 11:52 PM. Page 38 City of Auburn Council Meetina Minutes November 20, 2000 IX. ADJOURNMENT There being no further business to come before the Council this evening, the meeting adjourned at 11:52 PM. Approved this '~ day of December, 2000. Page 39