HomeMy WebLinkAbout11-17-2003CITY OF
WASHINGTON
CITY COUNCIL
MEETING MINUTES
NOVEMBER 17, 2003 7:30 PM
CALL TO ORDER
Flag Salute
Mayor Peter B. Lewis called the meeting to order at 7:30 PM and
led those in attendance in the Pledge of Allegiance.
Roll Call
Mayor Lewis and the following Councilmembers were present:
Rich Wagner, Trish Borden, Fred Poe, Sue Singer, Stacey
Brothers, Gene Cerino, and Nancy Backus.
Staff members present included: Planner Shirley Aird, Planner
Sean Martin, Recreation Program Support Coordinator Sharon
LaVigne, Planning and Community Development Director Paul
Krauss, Parks and Recreation Director Daryl Faber, Human
Resources/Risk Management Director Brenda Heineman, Police
Chief Jim Kelly, Finance Director Shelley Coleman, Public Works
Director Dennis Dowdy, Community Development Administrator
David Osaki, City Attorney Daniel B. Heid, Planner Jeff Dixon, and
Deputy City Clerk Cathy Richardson.
C. Announcements and Appointments
1. Announcements
a)
Hometown Hero Award
Mayor Lewis presented Auburn's
Award to Dario and Jo Cugini.
Hometown Hero
Mayor Lewis commended Mr. and Mrs. Cugini for
their many years of commitment to the Auburn
community and their donations to community events.
Page
City of Auburn Council Meeting Minutes November 17~ 2003
II.
Mr. and Mrs. Cugini were joined by numerous family
members and friends. Mr. and Mrs. Cugini thanked
their friends and family in attendance, Mayor Lewis,
Councilmembers, and the Nomination Committee for
their support and consideration.
Appointments
There were no appointments for Council consideration.
Agenda Modifications
Agenda modifications included corrected attachments related to
Item II.A.2, Policy/Text (P/T) Amendment #4, and removal of Item
No. VIII.A.4, Ordinance No. 5800, and Item VIII.A.7, Ordinance No.
5806.
CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
Rezone Application No. ZOA03-0005
O3.1 ANX03-0002, 03.8, O3.4.2.1.2 ZOA03-0005
City Council to conduct a public hearing on the proposed
rezone of approximately 1.3 acres west of Auburn Way
North, in White River Valley Home Tracts 2nd Addition, to C-
3, Heavy Commercial.
Planner Shirley Aird displayed a Power Point presentation on the
proposed rezone. The property is located on the corner of 85th
Avenue South and Auburn Way North and is part of a larger
unincorporated King County island. The rezone was requested by
the property owner and the Planning Commission recommended
approval of the rezone upon annexation at a preliminary hearing
held on October 17, 2003. All areas surrounding the property are
zoned C-3, Heavy Commercial. Ordinance No. 5805 on this
evening's agenda calls for the simultaneous rezone and annexation
of the property. Upon approval of Ordinance No. 5805, the
annexation would become effective January 2, 2004.
Mayor Lewis opened the public hearing.
No one in the audience requested to speak.
Mayor Lewis closed the public hearing.
Page 2
City of Auburn Council Meetin.q Minutes November 17, 2003
Application No. CPA03-0002 - 2003 Comprehensive Plan
Amendments
03.4.3
City Council to conduct a public hearing on the following
year 2003 Comprehensive Plan amendments:
Comprehensive Plan Map (CPM) Amendments:
CPM #1
The request of Children's Home Society to amend the Comprehensive
Plan Map from "High Density Residential" to "Heavy Commercial" for
property located in the 4300 block (east side) of Auburn Way North (west
of I Street NE right-of-way). (STR 31-22-05)
CPM #2
The request of Thomas Academy to amend the Comprehensive Plan
Map from "Public & Quasi-Public" to "Light Industrial" for properties
located on the south side of 49th Street NW, west of Auburn Way North.
(STR 36-22-04)
CPM #3
The request of Rodger C. Scott (property owner is Madison Company) to
amend the Comprehensive Plan map from "Light Industrial" to "Heavy
44th
Industrial" for property located on the north side of Street NW, west
of the Interurban Trail. (STR 36-22-04)
CPM #4
Withdrawn
CPM #5
The request of La Terra Limited Partnership to amend the
Comprehensive Plan Land Use Map from "Light Industrial" to "Heavy
Commercial" for properties generally located between the Union Pacific
and Burlington Northern Santa Fe railroad tracks, just north of 15th Street
NW. (STR 12-21-04)
CPM #6
Withdrawn
CPM #7
The request of Bill Moffet (property owners are Greg/Barbara Swain) to
amend the Comprehensive Plan Land Use Map from "Moderate Density
Residential" to "Heavy Commercial" for property located on the north side
of 23rd Avenue SE, approximately 500 feet east of A Street SE.
(Amendment would also clarify the land use designation for the abutting
property to the west, also under the same ownership). (STR 19-21-05)
CPM #8
The request of Apex Engineering (property owner is Investco Financial
Corporation) to amend the Comprehensive Plan map from "Single Family
Residential" to "Moderate Density Residential" for properties within three
Page 3
City of Auburn Council Meeting Minutes November 17~ 2003
planning areas (Areas 7, 8 and 9) of the Lakeland Hills South Planned
Unit development (PUD). (STR 05-20-05)
CPM #9
The request of Pace Engineers, on behalf of Dieringer School District, the
amend the Comprehensive Plan Map to: 1) Amend the Potential
Annexation Area (PAA) by expanding it to include a several parcels
owned by the Dieringer School District; and designate this portion of
these parcels "Public & Quasi-Public" and 2) Amend the Comprehensive
Sewer Plan (2001) to identify these same parcels within the City of
Auburn Sanitary Sewer Service Area (Figure 6-18 in the Comprehensive
Sewer Plan). (STR 05-20-05)
CPM #10
Withdrawn
CPM #11
Initiated by the City of Auburn, this proposal would amend the
Comprehensive Plan Map Citywide for properties the City owns for
municipal purposes to "Public & Quasi Public" in support of the City's
continued future use of the property for municipal services or purposes.
CPM #12
Initiated by the City of Auburn, this proposal would amend the Potential
Annexation Area (PAA) boundary to reflect the annexation/de-annexation
with the City of Pacific. (STR 31-21-05 and 36-21-04)
Comprehensive Plan Policy/Text (P/T) Amendments:
P/T #1
Incorporate Auburn School District Updated 2003 to 2009 Capital
Facilities Plan as part of Auburn Comprehensive Plan. (Adopted by the
Auburn School District Board of Directors May 2003).
P/T #2
Incorporate Kent School District Updated 2003-04 to 2008-2009 Capital
Facilities Plan as part of Auburn Comprehensive Plan. Adopted by the
Kent School District Board of Directors June 2003.
PIT #3
Incorporate updated Dieringer School District information into the City's
Comprehensive Plan.
P/T #4
Amendments to Chapter 9 - Environment Element to: a) Provide greater
clarity and focus on the value and role of native plantings and vegetation;
b) Support enhancement of Mill Creek wetlands; and, c) Support Iow
impact development techniques.
P/T #5
Amend Chapter 7, Transportation Element (TIP Summary, Figure 7.3), by
incorporating the most recently adopted (2004-2009) TIP Summary
Sheet.
Page 4
City of Auburn Council Meetin,q Minutes November 17, 2003
P/T #6
Update of the City of Auburn Capital Facilities Plan (CFP) to reflect the
2004-2009 Period. The CFP identifies intended capital facilities projects
and funding sources programmed for over a 6-year time period.
Councilmember Wagner inquired regarding CPM #7.
Planner Sean Martin displayed a Power Point presentation on the
proposed Comprehensive Plan Map and Policy Text amendments.
Mr. Martin reported that CPM #7 is a request from Bill Moffat and
Greg Swain to amend the Comprehensive designation of two linear
parcels, each with approximately sixty feet of frontage on 23rd
Street SE. The request is to change the designation from
Moderate Density Residential to Heavy Commercial. The principal
reasons for the staff recommendation to deny the request are
found in the basis of the Comprehensive Plan guidelines for the
implementation of Heavy Commercial designation, which suggests
the Heavy Commercial designation is appropriate at the
intersections of heavily traveled corridors. The guidelines
specifically state it is appropriate even when alternate designations
are appropriate for adjacent sites. Also, the Heavy Commercial
designation is intended for parcels that are capable of serving both
local and regional needs for service and retail. Based on the facts
that the parcels are isolated from the arterial corridor, and given the
lack of frontage on an arterial corridor and the undeveloped nature
of 23rd Street SE, which is a substandard street, staff determined
the site is inappropriate for a Heavy Commercial designation as it
could have a significant and adverse impacts on the surrounding
neighborhood.
Mr. Martin stated that, although the proponents' proposed use is
not likely to create adverse impacts on the neighborhood or
community, an amendment to the Comprehensive Plan designation
would authorize any use allowed in a C-3 zone without
discretionary authority. There are types of uses allowed in a C-3
zone that would have the potential to create significant and adverse
impacts on the neighborhood.
In response to questions from Councilmember Poe, Mr. Martin
responded that there were no protests from adjacent property
owners.
Page 5
City of Auburn Council Meeting Minutes November 177 2003
Councilmember Singer expressed concerns related to the Multi-
family designations located in the area in question and also the
retention of businesses in the City. Councilmember Singer
indicated that outdoor storage requirements for the M-1 zone
should be revisited in future Comprehensive Plan Map
amendments.
Councilmembers reviewed CPM #1.
In response to questions from Councilmember Brothers, Mr. Martin
stated that the applicant, Children's Home Society of Washington,
anticipates future expansion of the services to that portion of the lot
subject to the request.
Councilmembers reviewed CPM #2.
In response to questions from Councilmembers Poe, Wagner and
Brothers, Mr. Martin reported that the Planning Commission
recommended approval of the applicant's request and also
suggested that Council consider forming a committee to consider
the physical conditions and social characteristics of the historic
potential of the Thomas Academy. It is the obligation of the City
under the environmental review to consider the potential cultural
and historic impacts of the property. The City would be under the
same mandates in accordance with State protocol and City policy,
regardless of the zoning, to insure that no adverse impacts occur
related to cultural or historic potential. The zoning of the property
would remain Institutional.
Councilmembers reviewed CPM #3.
Councilmember Cerino expressed concern regarding the limited
Heavy Industrial zoning within the City, which could discourage
businesses from staying in the City of Auburn.
Mr. Martin reported that the subject property consists of
approximately two acres. The Comprehensive Plan dictates that
there are two areas that are appropriate for Heavy Industrial
designations. One area is the center of the regional servicing area
and the other is those properties adjacent to rail tracks. The
property is not in the regional servicing area, nor is it adjacent to
the rail tracks. Further, the property is not contiguous with any
property designated Heavy Industrial. The visibility of the site,
coupled with it's inability to meet any of the Heavy Industrial
Page 6
City of Auburn Council Meetin,q Minutes November 17~ 2003
designation criteria, and the fact that a Heavy Industrial designation
would create an island, were the reasons staff and the Planning
Commission recommended denial of CPM #3.
Councilmembers Wagner and Poe concurred with Councilmember
Singer's recommendation to review criteria related to outdoor
storage.
Councilmember Poe inquired related to landscaping requirements
required in M-2 zones with regard to outdoor storage use.
Mr. Martin stated that all outdoor storage yards allowed in any zone
have requirements for Type 1 landscaping, which is site obscuring
and includes dense vegetation or a solid screen wall.
Councilmember Poe commented that it is extremely difficult for
construction companies to find property that allows a storage yard
area. There are few opportunities for construction companies to
find facilities to fit their needs.
Councilmembers reviewed PIT #4.
Councilmember Singer inquired regarding the practical effect of
changing the word from "should" to "shall" and whether the change
would restrict staff flexibility.
City Attorney Daniel B. Heid noted that the word "should" is a
suggestive word and the word "shall" is a mandatory word.
Councilmembers discussed the pros and cons of P/T #4.
Mayor Lewis opened the public hearing.
Mike Bocatch, 2304 "A" Street SE, Auburn
Mr. Bocatch inquired regarding CPM #1' with regard to impacts to
the tax-exempt status of the Children's Home Society.
Finance Director Shelley Coleman stated that the tax-exempt
status would not be affected by this amendment.
Joe Donahue, 106 Cedar Crest Lane, Bellevue
Mr. Donahue stated that he is a Trustee for the Children's Home
Society. Mr. Donahue thanked staff for the presentation this
evening and thanked Council and the Planning Commission for
Page 7
City of Auburn Council Meeting Minutes November 17, 2003
their consideration. Mr. Donahue noted that the Children's Home
Society has occupied the property since it was donated to them.
Mr. Donahue noted that the Children's Home Society has no plans
to sell the property nor will the change in zoning affect their tax-
exempt status.
Rod.qer Scott, 20405 SE 344th Street, Auburn
Mr. Scott distributed handouts related to CPM #3. Mr. Scott
indicated that he owns a construction company and noted that
drawings for the proposed use of the property are included in the
handouts. Mr. Scott urged Council to approve the amendment.
Mike Bocatch, 2304 "A" Street SE, Auburn
Mr. Bocatch commented on CPM #3 and
Industrial.
on the term Heavy
Mike Bocatch, 2304 "A" Street SE, Auburn
Mr. Bocatch commented on CPM #5 with regard to wetlands.
William Moffet, 1911 SE Campus Drive, Federal Way
Mr. Moffet distributed handouts related to CPM #7. Mr. Moffet
referred to his correspondence summarizing a meeting on
September 8, 2003 with Transportation Planner Joe Welsh. Mr.
Moffet noted that four individuals testified before the Planning
Commission and spoke in favor of the amendment. Mr. Moffet
urged the Council to approve the amendment.
Mike Bocatch, 2304 "A" Street SE, Auburn
Mr. Bocatch expressed concerns regarding CPM #7 related to
emergency vehicle response ability and possible displacement of
residents within the mobile home park located across the street
from the subject property if 23rd Street SE was widened.
Councilmember Borden expressed concerns related to the possible
encroachment on surrounding neighborhoods related to CPM #7.
Councilmember Borden noted that 23rd Street SE is a substandard
street and expressed concerns if a more commercial type business
located in this area.
Planner Martin stated that once the area is rezoned, any type of
uses permitted in a C-3 zone would be allowed outright and would
limit the means to enforce street improvements. Properties to east
and south are designated residential.
Page 8
City of Auburn Council Meeting Minutes November 17, 2003
Mayor Lewis closed the public hearing.
Councilmember Borden moved and Councilmember Singer
seconded to approve CPM #1, #2, #5, #8, #9, #11, and #12, deny
CPM #3 and #7, and approve PIT #1, #2, #3, #4, #5, and #6
amendments as recommended by the Planning Commission and
amended by the Planning and Community Development
Committee on October 27, 2003.
Councilmember Cerino moved and Councilmember Poe seconded
to amend the motion to include approval of CPM #3.
Councilmember Borden recommended that the Mr. Scott address
his needs for use of this property through the Administrative Use
Permit procedure and spoke regarding concerns related to spot
zoning. Councilmember Borden spoke in opposition to approving
CPM #3.
In response to questions from Councilmember Poe, Mr. Martin
stated that M-1 zoning limits the amount of the building area for
outdoor storage to 50%. The applicant anticipated using more than
50% of the property for outdoor storage. Amendments to the
zoning code take approximately 60 to 90 days and must then be
reviewed by the Planning Commission and the Council.
Councilmember Poe concurred with Councilmember Borden
regarding spot zoning and requested that outdoor storage
requirements be reviewed by staff.
Councilmember Wagner concurred with Councilmember Borden
regarding spot zoning and requested that zoning changes to
Auburn City Code, Title 18 be limited to the M-1 zone
AMENDMENT TO THE MAIN MOTION FAILED. 2-5.
Councilmembers Borden, Wagner, Singer, Brothers, and Backus
voted no.
MAIN MOTION CARRIED. 6-1.
Councilmember Cerino voted no.
Page 9
City of Auburn Council Meetinq Minutes November 17, 2003
Audience Participation
This is the place on the agenda where the public is invited to speak
to the City Council on any issue.
Linda Cowan, 915 4th Street NE, Auburn
Ms. Cowan stated that she is the Superintendent of Schools for the
Auburn School District. Ms. Cowan stated that the philosophy
behind school impact fees is to enable the District to deal with
growth. Ms. Cowan spoke in favor of increasing school impact fees
and urged Council to approve Ordinance No. 5793.
Robert A. Evan, 1020 South 108th Street, Tacoma
Mr. Evan complained regarding his treatment received by the
Auburn Police Department related to his arrest on July 4, 2003.
Craig Shumaker, 915 4th Street NE, Auburn
Mr. Shumaker stated that he is Board President of the Auburn
School Board. Mr. Shumaker stated that the District had 270 new
students last year. Mr. Shumaker spoke in favor of increasing
school impact fees and urged Council to approve Ordinance No.
5793.
Garrett Huffman, 3315 116th Avenue, Bellevue
Mr. Huffman stated that he is the South King County Manager for
the Master Builders Association. Mr. Huffman noted that increases
in impact fees are passed on to the consumer, which impacts
affordable housing. Mr. Huffman spoke in favor of amendments to
Ordinance No. 5793 for phasing fees proposed in this evening's
Finance Committee meeting.
Gary Young, Polygon NW Company, 11624 SE 5th, Bellevue
Mr. Young noted that Polygon NW Company has made substantial
land purchases in the Lakeland area and spoke in favor of phasing
increases to school impact fees.
Ryan Anderson, 6108 35th Way SE, Auburn
Mr. Anderson stated that he is the Chairman for Auburn Citizens for
Schools. Mr. Anderson spoke regarding different impact fees
charged in the City of Auburn and King County. Mr. Anderson
stated that standards related to impact fees should be addressed
at the state level.
Correspondence
No correspondence was received.
Page 10
City of Auburn Council Meetin.q Minutes November 17, 2003
III.
IV.
COUNCIL COMMITTEE REPORTS
A3.7.6
A. Municipal Service
Chair Singer reported that the Municipal Services Committee met
this evening at 5:00. The Committee discussed ordinances related
to pre-council procedures and removal of members of boards and
commissions. The Committee also discussed the public safety
building lease agreement and school impact fees. The next regular
meeting of the Municipal Services Committee is scheduled for
December 1, 2003 at 5:00 PM.
Bm
Planning & Community Development
Vice Chair Singer reported that the Planning and Community
Development Committee met November 10, 2003 at 5:00 PM. The
Committee discussed the public safety building lease agreement,
Pierce County countywide urban centers, an ordinance related to
yard setbacks and the Arts Commission's grant program. The next
regular meting of the Planning and Community Development
Committee is scheduled for November 24, 2003 at 5:00 PM.
Public Works
Chair Wagner reported that the Public Works Committee met on
November 10, 2003 at 5:30 PM. The Committee discussed and
recommended approval of contract administration items, Ordinance
Nos. 5789 and 5801, and Resolution No. 3649. The Committee
also discussed the public safety building lease agreement, parking
on Division Street related to the bus stop, and a storm water
easement. The next regular meeting of the Public Works
Committee is scheduled for November 24, 2003 at 5:30 PM.
Finance
Chair Poe reported that the Finance Committee met this evening at
6:30. The Committee discussed and recommended approval of
claims and payroll vouchers, Ordinance No. 5793, and Resolution
No. 3657. The Committee also received a report from
Councilmember Backus related to arrangements for a senior swim
schedule at the Auburn Pool. The next regular meeting of the
Finance Committee is scheduled for December 1,2003 at 6:00 PM.
COUNCILMEMBER REPORTS
At this time Councilmembers may report on items not specifically
described on the agenda, which are of interest to the community.
Page 11
City of Auburn Council Meetinq Minutes November 17, 2003
Councilmember Cerino reported on the Pierce County request for an
Interlocal Agreement with Pierce County and cities and towns of Pierce
County amending the Countywide Planning Policies related to updating
the centers designations of the Urban Growth Area section as recommend
by the Pierce County Regional Council. Councilmember Cerino spoke in
favor of approving Resolution No. 3658.
CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City
Council to be routine and will be enacted by one motion in the form listed.
A. Minutes
Minutes of the November 3, 2003 regular City Council
meeting.
B. Vouchers
F4.9.2,F4.9.5
Claims
Claims check numbers 325753 through 326108 in the
amount of $1,862,828.26 and a wire transfer in the amount
of $108,984.00 and dated November 17, 2003.
Payroll
Payroll check numbers 506241 to 506399 in the amount of
$579,109.12 and electronic deposit transmissions in the
amount of $876,999.41 for a grand total of $1,456,108.53 for
period covering October 31,2003 to November 12, 2003
Surplus Property
F4.6.1
Police Department
City Council to authorize the surplus and disposal of the
following equipment no longer of use to the City:
1 - Wollensak Cassette System, Model 2852, ID Tag #021 408
Public Works Department
City Council to authorize the surplus and disposal of the
following equipment no longer of use to the City:
1997 Ford Crown Victoria
Vehicle #P029D
License #23478D
Fixed Asset #55000P029D
Page12
City of Auburn Council Meetinq Minutes November 17, 2003
VI.
VII.
VIN #2FALP71WXVX126658
D. Contract Administration
Public Works Project Number C225A
Final Pay Estimate #2 to Contract 03-06 with SLM
Construction and accept construction of Project No. C225A,
Oravetz Road Slope Repair and Guardrail
Councilmember Singer moved and Councilmember Wagner
seconded to approve the consent agenda.
MOTION CARRIED UNANIMOUSLY. 7-0.
UNFINISHED BUSINESS
There were no items under this section for Council consideration.
NEW BUSINESS
Rezone Application Number REZ03-0003
03.8 REZ03-0003
City Council to deny the request of Greg Swain to rezone property
located at 203 23rd Street SE, from R-3, Two Family (Duplex)
Residential to C-3, Heavy Commercial.
Councilmember Borden moved and Councilmember Singer
seconded to deny the rezone based upon the Hearing Examiner's
Findings of Fact, Conclusions and Conditions.
MOTION CARRIED UNANIMOUSLY. 7-0.
Final Plat Application Number PLT00-0011
03.5 PLT00-0011
City Council to consider the request of Lakeridge Development for
final plat approval for River Park, an 18-1ot single family subdivision
located in the Lea Hill area of the city immediately south of the
Auburn Golf Course.
Councilmember Borden moved and Councilmember Singer
seconded to approve the final plat of River Park, and to instruct the
City Attorney to prepare the necessary ordinance approving the
plat.
Page 13
City of Auburn Council MeetinR Minutes November 17, 2003
VIII.
Councilmember Wagner inquired regarding the expiration date of
the half street improvement delay agreement.
Attorney Heid stated that it will be necessary to review the previous
agreement, but the ordinance can include language to re-institute a
contract to allow as many options as possible.
Councilmember Wagner moved and Councilmember Brothers
seconded to table Application No. PLT00-0011 until the December
1, 2003 Council meeting.
MOTION TO TABLE APPLICATION NO. PLT00-0011 CARRIED
UNANIMOUSLY. 7-0.
ORDINANCES AND RESOLUTIONS
A. Ordinances
Ordinance No. 5789
O4.11.2
An Ordinance of the City Council of the City of Auburn,
Washington, amending Auburn City Code 13.06.360
pertaining to Auburn water rates
Councilmember Wagner moved and Councilmember Poe
seconded to introduce and adopt Ordinance No. 5789.
MOTION CARRIED UNANIMOUSLY. 7-0.
Ordinance No. 5793
F4.3
An Ordinance of the City Council of the City of Auburn,
Washington, amending Section 19.02.120 of the Auburn
City Code Pertaining to Auburn School District Impact Fees
Councilmember Poe moved and Councilmember Cerino
seconded to introduce and adopt Ordinance No. 5793.
Councilmember Wagner moved and Councilmember Singer
seconded to amend the school impact fees for single-family
dwelling units as follows:
· $3,250 per unit effective January 1, 2004
Page 14
City of Auburn Council Meeting Minutes November '17, 2003
· $4,500 or an amount as justified by the Auburn
School District Capital Facilities Plan whichever is
lower beginning January 1,2005
· An amount as justified by the Auburn School District
Capital Facilities Plan beginning January 1, 2006
In response to questions from Councilmember Borden,
Councilmember Wagner stated that justification of the
Auburn School District Capital Facilities Plan is necessary
for the January 1, 2005 increase as the fees could be lower
than the set amount of $4,500.
Councilmember Poe stated that his preference would be to
extend phasing for an additional year and spoke in
opposition to increasing school impact fees.
Councilmember Cerino spoke regarding the rising costs of
construction materials and the needs of the industry to be
able to plan economically.
Councilmember Borden spoke regarding deliberations
related to transportation impact fees and Real Estate Excise
Tax fees. Councilmember Borden spoke in favor of
incremental increases to school impact fees.
Councilmember Singer thanked the Auburn School District
for their work related to their Capital Facilities Plan and
spoke in favor of incremental increases to school impact
fees.
Councilmember Backus spoke regarding deliberations
involved by Council with regard to increasing school impact
fees and spoke in favor of incremental increases.
Councilmember Backus thanked the Auburn School District,
the Master Builders Association, and Polygon NW Company
for their participation related to school impact fees.
AMENDMENT TO MAIN MOTION CARRIED. 6-1.
Councilmember Poe voted no.
MAIN MOTION CARRIED UNANIMOUSLY. 7-0.
Page 15
City of Auburn Council Meetin.q Minutes November '17, 2003
m
Ordinance No. 5799
03.4.2.1.2
An Ordinance of the City of Auburn, Washington, amending
Auburn City Code Title 18 entitled "Zoning" to provide for
certain exemptions for the yard requirements of Auburn City
Code Section 18.48.070 to better reflect current
development needs of the City
Councilmember Borden moved and Councilmember Singer
seconded to introduce and adopt Ordinance No. 5799.
MOTION CARRIED UNANIMOUSLY. 7-0.
Ordinance No. 5800
F3.'17
An Ordinance of the City Council of the City of Auburn,
Washington, amending Ordinance No. 5702, the 2003
Budget Ordinance, as amended by Ordinance No. 5738 and
Ordinance No. 5762, and authorizing the Mayor to accept
Schedule "A" which relates to the City of Auburn 2003
Budget for additional appropriations in various funds
pursuant to RCW 35A.33.120, and setting forth findings
Ordinance No. 5800 was removed from the agenda.
Ordinance No. 5801
04.6.2
An Ordinance of the City Council of the City of Auburn,
Washington, amending Auburn City Code Chapter 13.41
entitled "Utility Systems Development charge" for the
purpose of revising Code language to clarify intent
Councilmember Wagner moved and Councilmember Cerino
seconded to introduce and adopt Ordinance No. 5801.
MOTION CARRIED UNANIMOUSLY. 7-0.
Ordinance No. 5805
03.1 ANX03-0002, 03.8, O3.4.2.1.2 ZOA03-0005
An Ordinance of the City of Auburn, Washington, applying
C-3, Heavy Commercial zoning designation and annexing an
unincorporated area of approximately 1.33 acres contiguous
to the corporate limits of the City known as the "Heer
Page 16
City of Auburn Council Meetinq Minutes November 177 2003
Annexation," and amending the City of Auburn Map
accordingly
Councilmember Borden moved and Councilmember Singer
seconded to introduce and adopt Ordinance No. 5805.
MOTION CARRIED UNANIMOUSLY. 7-0.
a
Ordinance No. 5806
A4.3.1
An Ordinance of the City Council of the City of Auburn,
Washington, amending Section 2.51.020 of the Auburn City
Code entitled "Councilmember's Compensation" relating to
the compensation of the Mayor Pro Tem
Ordinance No. 5806 was removed from the agenda.
Resolutions
Resolution No. 3649
A3.17
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
a Lease Agreement between the City and VoiceStream PCS
III Corporation, for the purpose of leasing space on the
Lakeland Hills water tower for communication equipment
Councilmember Wagner moved and Councilmember Poe
seconded to adopt Resolution No. 3649.
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 3655
A Resolution of the City Council of the City of Auburn,
Washington, approving contract for services between the
City of Auburn and the King County Housing Authority for
the period commencing December 1, 2003, and ending
November 30, 2004
Councilmember Singer moved and Councilmember Wagner
seconded to adopt Resolution No. 3655.
MOTION CARRIED UNANIMOUSLY. 7-0.
Page 17
City of Auburn Council Meeting Minutes November 17~ 2003
Resolution No. 3656
A Resolution of the City Council of the City of Auburn,
Washington approving acceptance of the Cultural
Development Authority of King County (the CDA)
appropriation and expenditure of grant funds in the amount
of Four Thousand and No/100 Dollars ($4,000.00) and
authorizing the Mayor to execute Agreement No. 103343
Councilmember Borden moved and Councilmember Singer
seconded to adopt Resolution No. 3656.
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 3657
A3.17
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
a contract with AUBURN ON MAIN L.L.C., a Washington
limited liability company for a Lease Agreement with option
to purchase the premises at 340 E Main Street, Auburn,
Washington, subsequent to a complete renovation of the
property to include municipal court and police facilities
Councilmember Poe moved and Councilmember Cerino
seconded to adopt Resolution No. 3657.
Councilmember Brothers inquired whether a public hearing
was held regarding Resolution No. 3657.
Director Krauss stated that a public hearing was not held as
it is not required.
Councilmember Brothers inquired regarding the total dollar
amount of the lease and purchase and whether formal
calculations were performed to determine the lease amount,
the revenue to be used for lease payments, and whether the
transaction has been submitted to the State Auditor for
review.
Director Coleman stated that it is difficult to determine the
true value of a facility of this type as it is limited in nature. It
was determined in Committee that the renovation of an
existing building reduces various fees related to new
construction, such as system development charges, and that
Page 18
City of Auburn Council Meeting Minutes November 17, 2003
the City is obtaining the facility at a marginal cost with a
marginal profit for the developer. It has been recommended
that Council consider implementing a one-half of one
percent tax on gas, telephone, electricity and cable utilities
to assist in paying for this type of facility and other capital
projects that are similar in nature for expansion of public
facilities within the City. An increase in outside utilities
would yield approximately $500,000 per year. If the City
stays within the lease contract, the City has the option to
purchase the property. It would be up to the Council to
determine if the City should utilize existing funds that are
available to buy down the purchase price and issue
Certificates of Participation, which are similar to General
Obligation bonds.
Director Coleman reported that the Revised Code of
Washington allows this type of lease/purchase transaction.
Councilmember Brothers spoke of the City's need for a
public safety building and spoke in favor of the development
of such a facility. Councilmember Brothers also spoke
regarding the cost savings in redevelopment of an existing
building, but expressed concern regarding the lack of public
input and scrutiny due to the enormous magnitude of the
transaction.
MOTION CARRIED. 6-1.
Councilmember Brothers voted no.
Resolution No. 3658
A1.17
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to enter
into an Interlocal Agreement with Pierce County and the
cities and towns of Pierce County, amending the Pierce
County Countywide Planning Policies to update the centers
designations of the Urban Growth Area section as
recommended by the Pierce County Regional Council
Councilmember Borden moved and Councilmember Singer
seconded to adopt Resolution No. 3658.
MOTION CARRIED UNANIMOUSLY. 7-0.
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City of Auburn Council MeetinR Minutes November 177 2003
IX.
MAYOR'S REPORT
Executive Session
Mayor Lewis recessed the meeting to executive session at 9:41 PM
for approximately thirty minutes to discuss pending and potential
litigation, personnel issues, and property acquisition.
Mayor Lewis reconvened the regular meeting at 10:15 PM.
Councilmember Poe moved and Councilmember Cerino seconded
to pay the legal fees of Kelly Montgomery, in accordance with
Auburn City Code Section 2.90 "Indemnification for City Officials",
in a pending action before the State Bar Association that arose out
of her employment with the City of Auburn with a reservation of
rights that no other costs will be paid.
MOTION CARRIED. 6-0.
Councilmember Brothers abstained.
ADJOURNMENT
There being no further business to come before the Council, the meeting
adjourned at 10:17 PM.
~~?~ D_~AY OF DECEMBER, 2003
P~eter~. Lo~ --' "J ~",~De~Clerk
City Council agendas and minutes are available to the public at the City Clerk's
Office, on the City website, and via e-mail. Complete agenda packets are
available for review at the City Clerk's Office and at the Library.
Internet: http://www.ci.auburn.wa.us
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