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HomeMy WebLinkAbout12-03-2001 CITY OF AUBURN COUNCIL MEETING MINUTES December 3, 2001 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: City Attorney Michael J. Reynolds, Planning and Community Development Director Paul Krauss, Assistant Planning Director Lynn Rued, Police Chief Jim Kelly, Assistant Finance Director Lee Hall, Finance Director Shelley Coleman, City Engineer Dennis Dowdy, Parks and Recreation Director Dick Deal, Public Works Director Christine Engler, Principal Planner David Osaki, Assistant Fire Chief Russ Vandver, Water Utility Engineer Tim Osborne, Transportation Engineer Michael Fuess, Sewer Utility Engineer Jeff Roscoe, and Deputy City Clerk Cathy Richardson. C. Announcements and Appointments 1. Announcements a) Proclamation - United in Service and Civility Mayor Booth presented a proclamation declaring December 3 - 7, 2001 as "United in Service and Civility Week" in the city of Auburn to Auburn School District Representative Donna Foxley. Page '1 City of Auburn Council Meeting Minutes December 3, 2001 b) Proclamation- "Miss Auburn Scholarship Program" Mayor Booth presented a proclamation declaring January 18 and 19, 2001 as a time to honor parents, padicipants and volunteers of the Miss Auburn Scholarship Program to the Program's President and Co-Executive Director Nancy Karr Backus. Mayor Booth and City Councilmembers welcomed Miss Auburn 2001 Holly. Strand and several of the Miss Auburn Scholarship Pageant contestants in attendance. Contestants in attendance included: Mindy Bye, Madeleine Cartwright, Ann Cooke, Shirley Delaney, Janelie Elrod, Liz Heutmaker, Sarah Marsh, Rebecca Middleton, Keesha Owens, Odessa Powell, and Liz Sabo. 2. AppOintments a) White River Valley Historical Society Museum Board A3.8.20 City Council to confirm the appointment of Lori Anne Claudon to a term to expire on December 31, 2004. Councilmember Wagner moved and Councilmember Poe seconded to confirm the appointment of Lori Anne Claudon to the White River Valley Historical Society Museum Board to a term to expire on December 31, 2004. MOTION CARRIED UNANIMOUSLY. 7-0. City Council to confirm the appointment of Nicole Karwhite to a term to expire on December 31, 2004. Councilmember Wagner moved and Councilmember Poe seconded to confirm the appointment of Nicole Karwhite to the White River Valley Historical Society Museum Board to a term to expire on December 31, 2004. MOTION CARRIED UNANIMOUSLY. 7-0. Page 2 City of Auburn Council Meetinc~ Minutes December 3, 2001 D. A.clenda Modifications There were no agenda modifications for Council review. II, CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. 2002 Final Budget F3.16 All .persons interested are encouraged to participate in this public hearing by making comments, proposals, and suggestions for the City Council and Mayor to consider prior to adoption of the City of Auburn 2002 Budget. Mayor Booth opened the public hearing. Mary Ellen Stone, King County Sexual Assault Resource Center Ms. Stone thanked Mayor Booth and Councilmembers for their support. Ms. Stone stated that the Center served over two hundred Auburn residents in 2001. This is a fifteen percent increase over year 2000. Ms. Stone requested continued support for 2002. Councilmember Singer moved and Councilmember Barber seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Barber moved and Councilmember Lewis seconded to approve the 2002 budget as amended to reflect figures presented in the memorandum dated December 3, 2001 from Finance Director Shelley Coleman and Assistant Finance Director Lee Hall. MOTION CARRIED UNANIMOUSLY. 7-0. B. Close Record Hearin.cls The following are closed record hearings where any public testimony must be strictly limited to the issues involving the proposals and must also be limited to comments "on the record". No new or additional evidence may be allowed. Page 3 City of Aubum Council Meeting Minutes December 3, 2001 1. Application Number CAP01-0002 A3.23.1 CAP01-0002 City Council to conduct a closed record hearing on an appeal filed by Qwest Wireless, LLC on the Hearing Examiner's decision to affirm the interpretation of the Planning Director that the maximum height of a monopole allowed in a P-1 zoned district is 45 feet. Assistant Planning Director Lynn Rued explained that the appeal is related to Auburn City Code Section 18.48.100(K) regarding wireless communications facilities standards. Mr. Rued referred to an overhead display of Section 18.48.100(K). The chart illustrates which towers may be allowed in a P-1 (Public Use) zone. The tower in question is type 3-B, which may be allowed through the conditional use process. The definition under Section 18.04.912 states that type 3-B facilities are monopoles that are 75 feet or more in height or lattice towers of any height. Other siting standards of Section 18.48.100 are related to height also, and state that unless otherwise provided for, the height of the tower shall not exceed the height limitation of the zoning district. There was a question as to whether the mere inclusion of type 3-B facilities in the chart under Section 18.48.100(K) would automatically allow Qwest to exceed the height limitations of the public use zone as listed under Section 18.48.100(C)( 1 ). Staff determined that exceptions under Sections 18.04.912(J)1-c) and 18.48.100(C)(5) do not allow for additional height and that the maximum height allowed is 45 feet. Mr. Rued stated that allowing a 120-foot structure within the public use zones would be a departure from standards practiced by the City. In C-3, M-l, and M-2 zones, structures of 120 feet are allowed, but require additional setbacks. Mr. Rued referred to an overhead display of an example of lot sizes that would be required in order to allow a 120-foot structure in C-3, M-l, and M-2 zones. Staff research revealed that there is no intent to allow structures over 45 feet in height in P-1 zones. Mayor Booth opened the closed record hearing. Page 4 City of Auburn Council Meeting Minutes December 3, 2001 Craig Peden, Legal Counsel for Qwest Communications, 421 SW Oak Street, Portland, Oregon Mr. Peden stated that Qwest disagrees with the City staff interpretation of the zoning ordinance. The location of the proposed tower represents a hole in Qwest's service territory. Qwest wants to serve customers in that area. Mr. Peden stated that Qwest was not allowed to submit an application for a conditional use permit (CUP). Mr. Peden requested that Qwest be allowed to go through the application process. Councilmember Borden moved and Councilmember Singer seconded to close the closed record hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Council Member Singer referred to Planning and Community Development Committee minutes of June 23, 1997 in the Council packet, paragraph six, line three, that states in public zones, the City needs to a/low the possibility of monopoles to be installed. In response to questions from Councilmember Borden, Councilmember Wagner stated that the type 3-B designation was assigned to accommodate current technology requirements with regard to monopoles. There are other P-1 areas that might be more appropriate for a monopole. Councilmember Borden suggested that type 3-B facilities should have setback requirements. Councilmember Wagner concurred with Councilmember Borden and stated that Qwest should be allowed to go through the CUP application process. Councilmember Lewis concurred with Councilmember Wagner and suggested that conditions and limitations, including setbacks, are necessary for the installation of new technology to ensure access to that technology by residents in the Auburn area. Councilmember Borden stated that the zoning code offers weak protection against installation of towers within Page 5 City of Auburn Council Meeting Minutes December 3, 2001 neighborhoods. There are very few incentives to encourage companies to co-locate equipment on existing towers which might eliminate the need for towers in residential neighborhoods. Councilmember Poe concurred with Councilmember Wagner and added that it is difficult to consider an application without knowledge of a location. Councilmember Poe questioned whether Qwest would be able to submit a CUP application for a 120-foot pole if Council supports the Planning Director's interpretation. Mr. Rued responded that Qwest would be allowed to submit an application, but staff would recommend a denial based on the decision that 45 feet is the maximum height allowed. Councilmember Borden moved to deny the appeal and affirm the Hearing Examiners decision that 45 feet is the maximum height allowed a monopole in a P-l, Public Use, zone. Councilmember Brothers seconded. MOTION FAILED. 3-4. Councilmembers Barber, Poe, Singer, and Wagner voted no. Councilmember Wagner moved and Councilmember Singer seconded to overturn the decision of the Hearing Examiner that 45 feet is the maximum height allowed a monopole in a P- 1, Public Use, zone, as the Ordinance is written in such a way that it does allow it under a conditional use permit. MOTION CARRIED. 5-2. Councilmembers Brothers and Borden voted no. Councilmember Wagner requested that the Planning and Community Development Committee establish setback zones for any areas that are not covered in the current Ordinance as soon as possible. Director Krauss recommended that Council establish a short duration moratorium to allow time for the Planning and Page 6 City of Auburn Council Meeting Minutes December 3, 2001 Community Development Committee to modify the zoning Ordinance. Councilmember Poe stated that he did not feel a moratorium is necessary. If the applicant didn't give due consideration to location and setback requirements, the application could possibly be denied. Councilmember Wagner pointed out that without the conditions stated under which a CUP application is denied, it is difficult to overturn a CUP application that has been granted by the Hearing Examiner, and could be subject to legal challenge. Councilmember Wagner stated that he is in favor of placing a short-term moratorium on towers. Councilmember Borden added that the Hearing Examiner will rule based on policies and zoning requirements on record. Councilmember Wagner moved and Councilmember Singer seconded to place a two-month moratorium on accepting applications for telecommunications towers within the City of Auburn in all zones. No vote was taken. (See Item. VII. A.8 of these minutes for action related to a moratorfum.) In response to questions from Councilmember Poe, City Attorney Reynolds stated that he will draft an Ordinance for Council consideration this evening regarding a moratorium on telecommunications towers, which will include setting a date for a public hearing. Action by Council can be deferred until such time as the Ordinance is read in full. 2. Application Number REZ01-0002 03.8 REZ01-0002 City Council to conduct a closed record hearing on the request of Auto Nation Corporation to allow for more land uses in the Business Park zone on property located at the southwest corner of 15t" Street SW and O Street SW. Page 7 City of Auburn Council Meeting Minutes December 3, 2001 Bart Brvnestad, The OPUS Groul3, 915 118t" Avenue SE Bellevue Mr. Brynestad stated that The OPUS Group received approval for the rezone from the Hearing Examiner on November 19, 2001. Mr. Brynestad displayed an' aerial photograph of the proposed development site. In 1995, the site was rezoned to BP, Business Park, which was put in use to compliment the SuperMall. The site will not contain any heavy retail facilities that might compete with the viability and success of the SuperMall. Plans for the site contain specific land use designations for small retail, warehouse distribution, and light industrial usage. Mr. Brynestad stated that there are architectural and aesthetic restrictions, including colors and modulations, that are imposed with the rezone. Mr. Brynestad thanked the Council for their consideration and urged Council support of the rezone. Mr. Rued referred to Attachment No. 1 and to Findings of Fact No. 2 for a listing of allowed uses. Mr. Rued reviewed the proposed uses and buildings. Mr. Rued stated that this is a very well planned development that is consistent with the SuperMall as well as other industrial uses in the area. In response to question from Councilmember Borden, Mr. Rued stated that the main emphasis is on manufacturing and minimum retail uses. There is limited parking and the configuration of the buildings is not conducive to heavy traffic. Mayor Booth opened the public hearing. No one in the audience requested to address the Council. Councilmember Borden moved and Councilmember Singer seconded to close the closed record hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Borden moved and Councilmember Singer seconded to approve the rezone based upon the Hearing Examiner's Findings of Fact, Conclusions, and Conditions. Page 8 City of Auburn Council Meeting Minutes December 3, 2001 MOTION CARRIED UNANIMOUSLY. 7-0. (See Item VII. A. 1, Ordinance No. 5607, of these minutes for additional action related to this item.) C. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. There was no audience participation. D. Correspondence 1. A letter addressed to the Mayor and City Council from Bart Brynestad of The Opus Group dated November 29, 2001. III. COUNCIL COMMITTEE REPORTS A3.7.e A. Municipal Services Chair Poe reported that the Municipal Services Committee met this evening. The Committee recommends approval of the Cable Television Consultant Services Agreement with 3H Cable Communication on the consent agenda. The Committee discussed code changes for solid waste and received a letter from the City of Pacific, Public Safety, to Police Chief Kelly complimenting the Auburn Police Department regarding their support of a City of Pacific event held in October, 2001. The Committee received an update from Solid Waste Supervisor Sharon Conroy regarding curbside recycling. The next regular meeting of the Municipal Services Committee is scheduled for December 17, 2001 at 5:00 PM. B. Planning & Community Development Chair Borden reported that the Planning and Community Development Committee scheduled for November 26, 2001 was cancelled due to a special City Council meeting scheduled for that evening. The next regular meeting of the Planning and Community Development Committee is scheduled for December 10, 2001 at 6:30 PM. C. Public Works Chair Wagner reported that the Public Works Committee met November 26, 2001 at 4:30 PM. The Committee discussed water, Page 9 City of Auburn Council MeetinQ Minutes December 3, 2001 sewer, and storm system development charges. Due to time constraints, the Committee was unable to complete the November 26, 2001 agenda and has scheduled a special Public Works Committee meeting for December 6, 2001 at 4:30 PM to continue consideration of November 26, 2001 agenda items. The next regular meeting of the Public Works Committee is scheduled for December 10, 2001 at 4:30 PM. D. Finance Chair Barber reported that the Finance Committee met this evening at 6:30. The Committee recommended approval of consent items, Ordinance No. 5610 as amended to reflect figures presented in the memorandum dated December 3, 2001 from Finance Director Shelley Coleman and Assistant Finance Director Lee Hall, Ordinance No. 5614, and Resolution No. 3399. The Committee also discussed GASB 34. The next regular meeting of the Finance Committee is scheduled for December 17, 2001 at 6:30 PM. E. Council Committee on Committees Chair Wagner repoded that the Council Committee on Committees met this evening at 7:10. The Committee will present committee assignments at the December 17, 2001 City Council meeting. IV. CONSENT AGENDA A. Minutes 1. Minutes of the November 19, 2001 regular City Council meeting. B. Vouchers F4.9.2,F4.9.5 1. Claims Claims check numbers 306219 through 306487 in the amount of $2,067,056.82 for dated December 3, 2001. 2. Payroll Payroll check numbers 265383 to 265600 in the amount of $395,810.66 and electronic deposit transmissions in the amount of $791,293.66 for a grand total of $1,187,104.32 for Page 10 City of Auburn Council Meeting Minutes December 3, 2001 the pay period covering November 16, 2001 to November 28, 2001. C. Surplus Property F4.6.1 1. Finance Department City Council to authorize the surplus and disposal of the following described property to Washington Women's Employment and Education (WWEE), a non-profit organization. Those items that are unusable by WWEE, City Council to authorize their disposal at the next City auction: MAKE MODEL DESCRIPTION COAICity Asset # Graffika Clone P233 12100051 Touch Clone P233 11400149 DTK Clone P233 101 144 Generic Clone P233 11400223 Graffika Clone P233 12100222 Generic Clone P233 12210009 Generic Clone P233 013 316 Generic Clone P233 11400155 Generic Clone P233 Abarims 001152 Graffika Clone P233 13300114 DTK Clone P233 4300000474 Touch Clone P233 13200110 DTK Clone P233 11400126 Generic Clone P233 Abarim 001155 Graffika Clone P233 11400066 Graffika Clone P233 COA0168 Generic Clone P233 COA0083 Graffika Clone P233 COA0071 Graffika Clone P233 COA0017 Graffika Clone P233 C94008878 Generic Clone P233 Abarim 001013 Graffika Clone P233 015 177 Graffika Clone P233 015 173 Graffika Clone P233 015 171 Graffika Clone P233 015 170 Graffika Clone P233 015 133 Graffika Clone P233 015 117 Graffika Clone P233 015 111 Graffika Clone P233 015 105 Generic Clone P233 013 331 Generic Clone P233 13200101 Genedc Clone P233 11700037 Graffika Clone P233 11400133 Generic Clone P233 11400124 Graffika Clone P233 11400122 Graffika Clone P233 11400110 Graffika Clone P233 11400105 Graffika Clone P233 015 174 Graffika Clone P233 12100228 Graffika Clone P233 12100230 Touch Clone P233 12100238 Touch Clone P233 coa 0184 Touch Clone P233 013-312 Page 11 City of Aubum Council Meeting Minutes December 3, 2001 Touch Clone P233 013-310 Touch Clone P233 1150 Generic Clone P 120 11400144 Generic Clone P120 017 120 David Systems 12 Slot Concentrator Hub 12100220 ups bad batteries w89718776378 Optiqwest Q41 bad 15" monitor 6A91501187 Nodhem Telcom Answering roach Advanced Ans Mach SN U3581 Hayes Optima 2400 bps SN A01540003752 Clone Clone P200 200313891 Graffika MPR 15 inch Yellowed Monitor SN 557R203220 D Graffika MPR 15 inch Yellowed Monitor SN 557R202567 D Mag DX1595 15 inch Monitor SN MI3344024769 GVC monitor 14in with Bad color 41cb58c013119 Maxtech monitor 14in 41cb69h407873 TEAM MiniTeammodem 1200 bps SN MN 001860 Hayes Smart Modern 1200 bps SN 3672124933 11 DIN keyboards 10 Sedal mouse 16 Power cords 1 PC Stand 2. Public Works Department City Council to authorize the surplus and disposal of the following described property: Qty Description Fixed Asset # 1 Wooden desk 023 123 1 Chair 032 112 1 Chair 014 089 1 Wooden desk with typing return 017 085 I Metal desk 0011400023/24 1 Wooden desk 032 131 1 Drafting table 032-017 1 Conference table 032 064 1 Metal desk 014 128 1 Orange chair 021 132 1 Drafting table 032 021 1 Wooden desk 032 161 1 Electric digitizing table 0013200059 1 Wooden desk 032 124 1 Wooden table 032 106 1 Drafting table 032 105 14 Wooden desks N/A 18 Metal desks N/A 3 Drafting chairs N/A 4 Drafting tables N/A 4 Metal desks with typing returns N/A 2 Office Chairs N/A 1 4-drawer file cabinet N/A 2 2-drawer metal file cabinets N/A 1 1-drawer wooden desk w/attached shelf N/A I Tan metal storage cabinet N/A I Orange metal storage drawer N/A Page 12 City of Auburn Council Meeting Minutes December 3, 2001 1 3' metal computer desk N/A 2 Small wooden tables on wheels N/A 1 4' x 8° metal table with pencil drawer N/A 1 Metal computer desk N/A 1 Portable wooden computer cart N/A 1 2-drawer wooden file cabinet N/A I Metal free-standing shelf N/A 1 Metal 3-shelf bookcase N/A 1 6-drawer metal desk with typing return N/A 1 62" metal table N/A 3 Metal student chairs N/A 4 Metal and orange fabric chairs N/A 4 Wooden chairs N/A D. Contract Administration 1. Professional Sen/ices Agreement with 3H Cable Communications Consultants A3.16.9 City Council to approve a Cable Television Consultant Sen/ices Agreement, Consultant Agreement No. AG-C-040, between the City and 3-H Cable Communications Consultants for 2002. 2. Public Works Project Number C9035 and C9014 04.8.1 PR C9035 & C9014 City Council to approve Final Pay Estimate No. 6 in the amount of $900,936.95, to RCI Construction, Inc. for Contract No. 00-05, Public Works Project No. C9035 and C9014, 21st Street Storm Improvements. 3. Public Works Project Number C1007 04.9.1 PR C1007 City Council to approve Final Pay Estimate No. 2 in the amount of $5,000, to Woodworth & Company and accept construction of Project No. C1007, Contract No. 01-11, "A" Street SE Rehabilitation, 2"d Street SE to East Main Street. E. Bad Debt Write-off F4.12 1. City Council to authorize the write-off of utility accounts receivable bad debts in accordance with City policy in the total amount of $18,883.91. Page13 City of Auburn Council Meetin_q Minutes December 3, 2001 Councilmember Barber moved and Councilmember Lewis seconded to approve the Consent Agenda. MOTION CARRIED UNANIMOUSLY. 7-0. V. UNFINISHED BUSINESS A. 2001 Comprehensive Plan Amendments 03.4.3 City Council to consider the following Comprehensive Plan Amendments, which were referred to the Public Works Committee on November 5, 2001: P/T #5 Comprehensive Sewer Plan - Comprehensive Sewer Plan documenting and analyzing the future needs of the sanitary sewer system and to be used as a tool to anticipate and plan for maintenance and improvement to the sanitary sewer system. P/T #6 Comprehensive Water Plan - Update of the Comprehensive Water Plan to comply with the requirements of Washington Administrative Code (WAC) 246-290- 100 and the Washington State Department of Health provisions on water system planning. Among other items, the proposed Comprehensive Water Plan provides a description of existing conditions and analyzes future demand. P/T #7, Chapter 7 (Transportation Element) - Miscellaneous text amendments affecting Chapter 7 (Transportation Element), for the purpose of, among other items, updating and clarifying information and policies, making policies consistent with state law, referencing the recently adopted Downtown Subarea Plan, etc. Councilmember Borden moved and Councilmember Singer seconded to approve the 2001 Comprehensive Plan Map and Text Amendments. Councilmember Poe referred to Policy TR13, fourth sentence, for these reasons the city will continue to plan a series of collector- arterials and arterials designed to national standards. Councilmember Poe questioned whether is should say city standards rather than national standards. Transportation Engineer Michael Fuess responded that the City has standards for the exact width, etc., but national standards determine how they function. MOTION CARRIED UNANIMOUSLY. 7-0. Page 14 City of Auburn Council Meeting Minutes December 3, 2001 VI. NEW BUSINESS There were no items under this section for City Council review. VII. ORDINANCES AND RESOLUTIONS A. Ordinances 1. Ordinance No. 5607 03.5 REZ01-0002 An Ordinance of the City Council of the City of Auburn, Washington, approving revisions to the Business Park designation approved in Ordinance No. 4962 for the 15.2 acres of property located at the southwest corner of 15th Street and "O" Street SW within the city of Auburn, Washington. Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5607. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Ordinance No. 5608 O1.2 An Ordinance of the City Council of the City of Auburn, Washington, amending Auburn City Code Chapter 10.36, Section 268 entitled "Disabled Parking - Violation" for the purpose of preventing vehicles from blocking wheelchair ramps on public streets. Councilmember Wagner moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5608. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Ordinance No. 5610 F3.16 An Ordinance of the City Council of the City of Auburn, Washington, adopting the budget for the City of Auburn, Washington, for the year 2002. (See Item II.A. 1 for additional action on Ordinance No. 5610.) Page 15 City of Auburn Council Meeting3 Minutes December 3, 2001 Councilmember Barber moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5610. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Ordinance No. 5611 03.8 REZ01-0005 An Ordinance of the City Council of the City of Auburn, Washington, providing for the rezoning of property located at 1502 "A" Street SE within the city of Auburn, Washington, changing the zoning classification from R-3 (Duplex) to C-3 (Heavy Commercial Zone). Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5611. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Ordinance No. 5612 03.5 PLT98-0002 An Ordinance of the City Council of the City of Auburn, Washington, approving the final plat of Lakeland Highlands located in King County in Lakeland Hills within the city of Auburn, Washington. Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5612. MOTION CARRIED UNANIMOUSLY. 7-0. 6. Ordinance No. 5614 F4.7 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the transfer of funds for the purpose of making an interest free loan from the General Fund to the Housing and Community Development Fund for up to a three- year period of time. Councilmember Barber moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5614. MOTION CARRIED UNANIMOUSLY. 7-0. Page 16 City of Auburn Council Meeting Minutes December 3, 2001 7. Ordinance No. 5615 03.4.3 An Ordinance of the City Council of the City of Auburn, Washington, relating to planning; adopting Comprehensive Plan Map and Text Amendments pursuant to the provisions of R.C.W. Chapters 36.70A and 35A.63 of the laws of the State of Washington; designating these amendments as guidelines for exercising the City's authority under the Washington State Environmental Policy Act (SEPA); directing that this Ordinance and Comprehensive Plan Amendments it adopts and approves be filed with the Auburn City Clerk and be available for public inspection. Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5615. In response to questions from Councilmember Poe, Principal Planner David Osaki stated that the Downtown Plan is very restrictive on automobile oriented uses in the C-2 zone in that portion of the downtown area. The Comprehensive Plan Map covers a broader range of zoning designations. Policy No. 5, attempts to address all of the zoning designations that might be appropriate for the Downtown Comprehensive Plan designation. Policy No. 1 is more specific as to how to treat automobile oriented uses with specific direction and language that addresses the code amendments approved in May, 2001 regarding the Co2 zone and restrictions of automobile oriented uses. MOTION CARRIED UNANIMOUSLY. 7-0. 8. Ordinance No. 5616 A3.2, O3.4.2.1.2 An Ordinance of the City of Auburn, King County, Washington, establishing a moratorium on the location of wireless and/or cellular towers in a P-1 zone for a period of six months, declaring an emergency to allow immediate passage, setting forth facts, establishing a public hearing for January 7, 2002. City Attorney Reynolds read Ordinance No. 5616 in its entirety. Page 17 City of Auburn Council Meetin~ Minutes December 3, 200t (Ordinance No. 5616 was considered prior to Item VILA. 1 of these minutes.) Craig Peden, Legal Counsel for Qwest Communications, 421 SW Oak Street, Portland, Ore.qon Mr. Peden requested that the term of the moratorium be set for two months rather than six months. Mr. Peden stated that his request is due to time constraints for the proposed project. Planning and Community Development Director Krauss pointed out that revision of the Zoning Ordinance would be placed before the Planning and Community Development Committee, Municipal Services Committee, and the Planning Commission. Director Krauss stated that, due to holidays falling in December and the timing of Committee meetings, two months would not be sufficient to complete the process. Councilmember Wagner moved and Councilmember Borden seconded to introduce and adopt Ordinance No. 5616 as read by the City Attorney, changing the term of the moratorium from six months to four months. MOTION CARRIED UNANIMOUSLY. 7-0. B. Resolutions 1. Resolution No. 3398 03.9 v-03-01 A Resolution of the City Council of the City of Auburn, Washington, repealing Resolution No. 3395, fixing a time for a public hearing on the petition for vacation of 120th Avenue SE located north of 53~ Avenue SE, within the city of Auburn, Washington, and fixing a time for a public hearing on the petition for vacation of Norman Avenue SE (120th Avenue SE), located north of 53rd Street SE, within the city of Auburn, Washington. Councilmember Borden excused herself from consideration of Resolution No. 3398 due to a conflict of interest. Councilmember Borden left the Council Chambers during Council's consideration of the Resolution. Page 18 City of Auburn Council Meeting Minutes December 3, 2001 Councilmember Wagner moved and Councilmember Singer seconded to adopt Resolution No. 3398. MOTION CARRIED UNANIMOUSLY. 6-0. Councilmember Borden returned to the Council Chambers at this time. 2. Resolution No. 3399 A3.12.5 A Resolution of the City Council of the City of Auburn, Washington, amending Resolution No. 3286 and authorizing the Mayor and City Clerk to execute Amendment No. 1 to the Public Defense Services contract between the City and Tuttle McCrumb PLLC; to provide for a revision in the compensation provisions of the contract. Councilmember Barber moved and Councilmember Lewis seconded to adopt Resolution No. 3399. MOTION CARRIED UNANIMOUSLY. 7-0. VIII. MAYOR'S REPORT A. Executive Session Mayor Booth recessed the meeting to executive session at 9:08 PM. City Attorney Reynolds reported that litigation and risk assessment issues would be discussed in executive session. City Attorney Reynolds estimated the duration of the executive session to be ten minutes. Mayor Booth indicated no action would be taken following the executive session. Mayor Booth reconvened the meeting at 9:50 PM. Page 19 City of Auburn Council Meeting Minutes December 3, 2001 IX. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:50 PM. APPROVED THE //7 ~ DAY OF DECEMBER, 2001. Charles A. Booth, Mayor ardson, Deputy City Clerk f:/clerk/minutes/2001 minutes/2001 m 12-03 Page 20