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HomeMy WebLinkAbout12-19-1994 C\tYOf .:;.øT~ Auburn ~ qSlJin~~ CITY OF AUBURN COUNCIL MEETING MINUTES December 19,1994 7:30 p.m. I. CALL TO ORDER A. Flaa Salute Mayor Booth called the meeting to order at 7:30 p.m. and led those in attendance in the pledge of allegiance. B. Roll Call Those in attendance included Mayor Booth and members of the Auburn City Council as follows: Pat Burns, Rich Wagner, Virginia Haugen, Trish Borden, Jeanne Barber, Stacey Brothers, and Don Kurle. Staff members present included Police Chief Dave Purdy, Fire Chief Bob Johnson, Fire Marshall Wayne Senter, Parks and Recreation Director Len Chapman, Finance Director Victor Thompson, Public Works Director Frank Currie, City Engineer Dennis Dowdy, Utility Engineer Dwight Holobaugh, Traffic Engineer Steve Mullen, Planning and Community Development Director Paul Krauss, Senior Planner Lynn Rued, Associate Planner Jeff Dixon, Acting City Attorney Mike Reynolds, City Clerk Robin Wohlhueter, and Deputy City Clerk Gayle Butcher. C. Announcements and Appointments 1. Announcements (a) Proclamation A1.8 Charles A. Booth, Mayor, read a proclamation, and presented a plaque to Chief Purdy in recognition of receiving an Award of Excellence in the 1994 AAA Pedestrian Protection Program. (b) Miss Auburn Contestants Candy Smith, Miss Auburn Program Representative, announced there are twenty-two Miss Auburn candidates who will compete for the crown of Miss Auburn on January 21, 1994. Those contestants in attendance include: Amber Hamilton sponsored by Don Small & Sons; Holly Harris sponsored by Nelson Jewelry; Ruth Nyhuis sponsored by Leisure Manor Styling Salon; Heidi Nolte sponsored by Car Corner; Angie Corpman sponsored by Cascade Community Bank; Jamie Krolick sponsored by Metropolitan Savings; and Charissa Schramm sponsored by Flapper Alley. AUBURN CITY COUNCIL MINUTES December 19, 1994 Page NO.2 2. Appointments (a) WCIA Votina Deleaates A3.11.10 City Council to confirm the appointment of Victor Thompson, Finance Director, as a voting delegate and Robin Wohlhueter, City Clerk, as alternate voting delegate to the Board of Directors for Washington Cities Insurance Authority. Motion by Council member Kurle, second by Councilmember Barber to confirm the appointment of Victor Thompson, Finance Director, as a voting delegate and Robin Wohlhueter, City Clerk, as alternate voting delegate to the Board of Directors for Washington Cities Inurance Authority. D. Aaenda Modifications Agenda modifications include: page 2 of an agenda bill for 1I.A.1; two letters protesting LID 346 under II.C.; III.C December 12, 1994 Public Works minutes; pulls items VI.B and VI.C from the agenda due to a request for reconsideration of the Hearing Examiner's decision; and adds VII.A.4, Ordinance No. 4722 with regard to cellular telephone service tax. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearinas Mayor Booth announced the two public hearings that relate to River Walk development. He said both public hearings will be opened concurrently, and testimony will be taken on the applications regarding the entire River Walk development. Mayor Booth pointed out Councilmembers have reviewed the entire Hearing Examiner record. He encouraged citizens to submit new information or to simply go on the record either for or against the development. 1. Application No. PL T0001-94 03.5 PL T0001-94 The request of Centex Real Estate Corporation for preliminary plat approval of a 176-lot single family subdivision presently a vacant mining site on 55.5 acres zoned R-2, Single Family, located south of Howard Road and north of the Game Farm Park, and west of the existing Forest Ridge subdivision. 2. Application No. MIN0001-94 03.10.3 MIN0001-94 The request of Centex Real Estate Corporation for a surface mining permit to allow for the excavation of 200,000 cubic yards of material needed to accommodate the construction of a 176-lot single family subdivision (Application No. PL T0001-94). The proposal is located south of Howard Road, north of the Game Farm Park, and west of the existing Forest Ridge subdivision. AUBURN CITY COUNCIL MINUTES December 19, 1994 Page No. 3 Mayor Booth asked for Council disclosure of any exparte communication regarding the proposed development of River Walk. All Councilmembers were contacted by Mary Moon, resident living near the proposed development, except Councilmember Kurle. During the conversations with Ms. Moon explained her position with regard to the proposed development. Councilmembers felt contact with Ms. Moon would not compromise their ability to fairly judge this issue. Councilmember Haugen stated she was approached personnally and by telephone in the last year and a half to two years with regard to the proposed development. Councilmember Haugen said at all times she was unable to answer specific questions. Councilmember Barber stated she was contacted by residents who reside in neighboring subdivisions. Councilmember Barber stated she feels she can make a fair decision on the proposed development. Councilmember Kurle stated he spent an hour with Ron and Mary Ellen Schultz discussing traffic mitigation and traffic circles. Lynn Rued, Senior Planner, briefly described the proposed preliminary plat development of 176 lot single family subdivision. He said the site, formerly known as the Mead gravel pit, was left in a condition that requires more grading to accommodate the proposed subdivision. He said a number of studies were conducted that included traffic, wetlands, utilities and geotechnical. Mr. Rued stated the environmental review, initiated by the developer, resulted in issuance of a Final Mitigated Determination of Non-Significance that contains 29 mitigating conditions. He said an Environmental Impact Statement was not required because the project is small and the impacts are localized. Mr. Rued commented on traffic issues that have caused the greatest amount of concern from neighboring residents over the past few months. Directing attention to the overhead projector, he discussed the proposed access streets between two existing single family neighborhoods; one to the east and two to the west. Referring to the subdivision to the east, Mr. Rued pointed out in 1961, the Forest Ridge subdivision was platted with 2-stub streets that eventually would link up the existing subdivsion to the proposed development. This is consistent with the Comprehensive Plan and development standards, he said. Mr. Rued highlighted connection streets in the proposed development that provide through access from 29th Street SE to Dogwood Street. Other access through the site would connect R Street SE to Howard Road that would carry through traffic through to the Forest Ridge area. Because the topography of the proposed development slopes downward to the west, Mr. Rued explained multiple accesses provide better circulation for school buses, meter readers, and UPS trucks within proposed subdivision and Forest Ridge subdivision. AUBURN CITY COUNCIL MINUTES December 19, 1994 Page NO.4 Mr. Rued finalized his comments by addressing wetlands, stability of the site, and water pressure. He stated the application conforms to all the existing zoning requirements, conforms to subidivison requirements, and is consistent with the Comprehensive Plan in providing utilities, parks, and mitigates for wetlands. Steve Mullen, Traffic Engineer, discussed several issues in development of the arterial route to connect up to the plateau, give another route up the hill so we are not dependent upon Auburn Way South and Howard Road. He mentioned some of the mitigating measures to offset the impacts of the development, such as participation in traffic signals at 29th & A Street S.E., and 29th & R Street S.E.. It was noted a traffic signal will be installed at Howard Road and Auburn Way south as part of the Muckleshoot Gambling Casino project. Mr. Mullen discussed a concern of cut through traffic through the Forest Ridge neighborhood and River Walk development rather than use of a main arterial route. Traffic studies were conducted and it was found that people would not cut through the neighborhood because it was faster to stay on the main arterials. Mr. Mullen suggested options to develop intersections to alievate concern of traffic cutting through the neighboring subdivision. Larry Smith - 1420 5th Avenue, 33rd floor, Seattle WA 98101 Larry Smith, Land Use Counsel for Centex Homes, offered to answer any questions the Council may have. Mr. Smith introduced Jesus Molineau, Landmark, Inc. Jesus Molineau - 1130 140th Avenue, Suite 200, Bellevue, WA 98005 Jesus Molineau is the Principal Planner with Landmark and project manager for the River Walk project. Mr. Molineau handed out a brochure related to the proposed Preliminary Plat for River Walk. He shared some of the detail with regard to alternative routes and intersections effecting neighboring subdivsions. Mr. Molineau shared street design options examined in planning the proposed plat to connect the proposed development to the Forest Ridge subidivison. Mr. Molineau directed attention to the brochure that shows examples of the kind of homes Centex Homes will be building in the proposed development. He said the project was developed on the basis of the concerns raised by the City and community. Terry Gibson - 1712 Pacific, Everett WA 98201 Terry Gibson, Gibson Traffic Consultants, answered a question raised with regard to the effectiveness of traffic circles. Mr. Gibson believes traffic circles deter speed and reduce traffic. Having a traffic light at Howard Road and Auburn Way South will alievate some concerns raised by Forest Ridge residents, he said. Mr. Gibson directed attention to the traffic light, proposed at Auburn Way South and Dogwood Street, that will assist residents of the proposed development in making a left hand turn onto Auburn Way South rather than going through the Forest Ridge development. Larry Smith - Larry Smith stated traffic is the main concern of property owners in the neighboring subdivision. Mr. Smith felt connection of the two stub streets to Forest Ridge would not create an increase in traffic. AUBURN CITY COUNCIL MINUTES December 19, 1994 Page No. 5 Duncan Boniorni - 2845 Alpine Street S.E., Auburn WA Duncan Bonjorni is a resident of Forest Ridge. Mr. Bonjorni spoke about traffic and water pressure. Mr. Bonjorni recalled a slide area that engineers predicted would not slide; and it did. Mr. Bonjorni disagrees with opening traffic onto Alpine Street. At the end of the public hearing with regard to the proposed plat development, Mr. Bonjorni commented upon access to the proposed development. Sandy Webb - 430 Mill Avenue South, Renton WA Mr. Webb introduced himself, and stated he is an Engineer. Mr. Webb cautioned the City about traffic circles. Illumination is needed, he said. Later in the public hearing, Mr. Webb discussed access to the top of the hill above the "S" curves in Renton. If there is an emergency at the bottom of the hill the access is opened. Mr. Webb suggested the Council consider having an emergency access gate to the development that opens and closes during an emergency. Dan Dumas - 2640 Forest Ridge Drive South, Auburn WA Dan Dumas felt the Forest Ridge residents are providing a solution to the proposed development. Mr. Dumas predicted an impact of 350-400 cars as a result of River Walk property development, and increased crime and speeding cars in the Forest Ridge area. Carol Pullev - 32242 56th S, Auburn WA Carol Pulley introduced herself to the Council, and mentioned she owns property in Lakeland Hills and Forest Ridge. Ms. Pulley's comments centered around an increase in traffic and 12% street grade off of Howard Road. Ms. Pulley wondered about enlarging Howard Road. She suggested leaving the Forest Ridge stubbed streets closed. David Unzen - 2507 R Street S.E., Auburn WA David Unzen, resident of a neighboring subdivision to the west of the proposed development, explained there are residents that are concerned about this development that live near him even though no mention of opposition was recorded in the Hearing Examiner's report. Mr. Unzen expressed concern regarding pedestrian traffic and vehicle traffic in the surrounding area of 29th & R Street S.E. Mr. Unzen wondered if changes in the street deisgn are made, will the current traffic study be null and void? Jim Fletcher - 2710 Forest Ridge Drive, Auburn WA Jim Fletcher expressed concern with regard to traffic volume and property values as a result of the proposed development. Because residents have enjoyed a secluded neighborhood for such a long time, he expressed concern of the safety of the children playing within the Forest Ridge subdivision. Gene Campson - 2520 24th Street S.E., Auburn WA Gene Campson expressed concern about the water pressure already lost in his neighborhood. Rick Rutkowskii - 2554 Forest Ridge Drive, Auburn WA AUBURN CITY COUNCIL MINUTES December 19, 1994 Page No.6 Mr. Rutkowski reiteriated comments made during the each public hearing held with regard to the proposed plat. He said people are concerned about the proposed development of River Walk because of increased crime and traffic. Mr. Rutkowski suggested the Council take the strongest measure possible to maintain the integrity of the neighborhood, and to honor the requests of the residents to keep the stubbed streets closed to the proposed development. Justine Under - 2726 Alpine Drive SE, Auburn WA Justine Under expressed concern about the water pressure, an increase in crime, safety, and property values in the Forest Ridge area as a result of the new development. She said when 24th & 25th Streets S.E. were added, the water pressure lowered. Keep water self contained and utilize positioning of the utility lines were some suggestions made by Ms. Under. LaNae Lonae Redinaton - 2742 Alpine Drive S.E., Auburn WA Ms. Redington commented on the response of Hearing Examiner decision documentated on October 18, 1994. Having been a resident of the City of Federal Way, Ms. Redington asked if the Council is aware of that City's mistakes. Mr. Redington asked the Council to consider all aspects of the proposed development prior to making a decision. Mizel Pfeiffer - 2002 R Place SE, Auburn WA Mr. Pfeiffer is a property owner west of the proposed development. Mr. Pfeiffer expressed concern of increased traffic on the corner of 28th Place & R Street S.E. Mr. Pfeiffer requested the Council consider putting a light at 29th & R Street S.E. Dan Dumas - 2640 Forest Ridge Drive S., Auburn, WA Mr. Dumas brought up two points. One with regard to water pressure and the proposed development. Marv Moon - 2720 Forest Ridge Drive S, Auburn WA Mary Moon stated she is elected to represent the people in audience tonight as the precinct committee woman for most of the area. Ms. Moon stated she has three major concerns and one observation. Concerns centered around wildlife, traffic and access roads, and the quality of life being disrupted in the Forest Ridge neighborhood. Ms. Moon stated the Council should advocate the concerns of residents. Ms. Moon assured residents in the audience that they have representatives on the Council who are concerned about the wishes of residents of the community. Later in the meeting, Ms. Moon emphasized an opportunity to have a win win situation in development of the proposed plat. She also pointed out three accesses into the proposed development. Patricia Wells - 2725 25th Street S.E., Auburn WA Patricia Wells remembered the reasons she chose to live in Auburn. She feels secure, and would like to keep her neighborhood that way. Ms. Wells feels the additional housing is not needed. AUBURN CITY COUNCIL MINUTES December 19, 1994 Page No. 7 Sherry Berber - 2735 Forest Ridge Drive SE, Auburn, WA Ms. Berber is a new resident of the Forest Ridge area. With regard to the proposed development, Ms. Berber feels there are too many houses crammed into a small piece of property, and has a concern about the same people that have the same attitude that she does with regard to traffic. Jeanie Rottle - 2500 Forest Ridge Drive S.E., Auburn WA Ms. Rottle is concerned about water pressure, crime, access and traffic. As a teacher, Ms. Rottle teaches her children that city govenment works and that a small voice can be heard. She feels they are not going to be heard tonight. Ms. Rottle urged the Council to listen and understand the concerns raised by residents tonight, and that two accesses are adequate to serve the development. Larrv Smith Mr. Smith directed his comments to the future residents of the proposed development of River Walk. Mr. Smith wondered why neighboring residents feel future residents will not be motivated to take care of their property and neighbors. Mr. Smith discussed the access points and water pressure issues. Access points are developed according to policy, he said, and there are alternatives to connecting the stub streets to Forest Ridge. Emergency gates are an alternative even though staff does not recommend it due to public safety issues. Mr. Smith concluded his comments by stating that Centex builds a quality home, is the largest home builder in the country, and will provide a quality neighborhood for neighboring subdivisions. Diane Kerbs 2650 Forest Ridge Drive SE, Auburn WA Ms. Kerbs asked what impact this development will have on the Auburn School District. Lynn Rued answered that a number of agencies were provided with a copy of the applications for review and comment. He said the Auburn School District had a chance to comment upon the effects of the proposed development of River Walk. Mr. Rued mentioned the Auburn community is historically supportive of bond issues which support improvements in the Auburn School District. John Redinaton - 2742 Alpine Drive S.E., Auburn WA In response to Mr. Smith's comments with regard to future residents of the proposed development, Mr. Redington asked why assume these residents want us cutting through their property. Ruthie Dumas - 2640 Forest Ridge Drive S.E., Auburn, WA Ms. Dumas expressed concern about the lot size in the new development. Ms. Dumas suggested the developer make the lots larger bordering the Forest Ridge area. Lance Goehrina - 2715 Forest Ridge Drive SE, Auburn WA Mr. Geohring raised the issue of emergency access. Bob Johnson spoke on behalf of the Fire Department. He said firefighters teach that there needs to be two ways in and two ways out. He said this applies street AUBURN CITY COUNCIL MINUTES December 19, 1994 Page No. 8 accesses in proposed developments. Due to the increase in traffic on Auburn Way South, Mr. Johnson stressed opening the existing stub streets to the new development will provide two public safety accesses to the Forest Ridge subdivision instead of one. Chief Purdy discussed the Police Department response to emergencies as it relates to the proposed development of River Walk. He said response time will be shorter having two accesses to the Forest Ridge plateau area. Chief Purdy identified the primary problem in uneven distribution of the street access should the stub streets not cut through. Chief Purdy remembered an incident where an officer received an emergency call to a house he could see from his patrol car, but was unable to reach the residence immediately because the street access limited the officer to one access. Chief Purdy recommended two accessess to each subdivision.. Mr. Goehring asked the staff if they could live without the access roads that connect Forest Ridge to the proposed development, and if the public safety departments could function adequately to protect and serve residents of Forest Ridge as it stands right now? Chief Purdy responded by questioning whether or not the residents on either side of the propsed development could live with it. Mr. Geohring answered that he felt the residents of Forest Ridge have addressed their wishes with regard to the stubbed streets. Mr. Goehring.stated he cannot answer for the future residents of River Walk. Chief Purdy reiterated that emergency services are distributed equally to all the residents of the community. Don Miller - 2712 Alpine Drive S.E., Auburn WA Mr. Miller has lived in this area for twenty years. Mr. Miller stated the Police Department patrols the area twice a day. Mr. Miller discussed the school impact, traffic concerns, a portion of a street the Rotary Club gave to the City, playground equipment at the Rotary Park, and options for improvements where the street stubs would connect to the proposed development. Motion by Council member Burns, second by Councilmember Barber to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Mayor Booth announced a 5-minute recess at 10:05 p.m. The meeting reconvened at 10:15 p.m. Councilmember Burns moved to approve the preliminary plat based upon the Hearing Examiner's Findings of Fact and Conclusion and Conditions as outlined adding the two connecting streets between the two housing developments be closed to access except by emergency vehicles of the Police and Fire. Councilmember Kurle seconded the motion. Under discussion, some of the Councilmembers agreed there is consensus between the existing property owners and the developer in design of connecting AUBURN CITY COUNCIL MINUTES December 19, 1994 Page No. 9 the proposed development of River Walk with Forest Ridge. Clarification of a secured emergency gate access acceptable to public safety personnel was discussed as a way to develop the streets and limit the access to Forest Ridge. Councilmember Borden questioned the developers ability to put another access street in without a connection to the Forest Ridge area. Jesus Molineau answered there would be extensive fill required off of Howard Road, a 50% grade, and they would have to use a critical sensitive area. With 26% open space provided in the River Walk development, Mr. Molineau, stated the lots are bigger than minimum. Other discussion centered around developments in Auburn that are only served by one access. Councilmember Haugen asked how many acres are in the Forest Ridge area. Mr. Rued stated the two developments are comparable in size at approximately 50 acres. Councilmember Wagner supports a barrier emergency access connecting from the River Walk area to Forest Ridge. Councilmember Wagner suggested staff take another look at the traffic impacts in the area to the west of the development. He also expressed concern of a single street access connecting the River Walk proposed development to Howard Road that is designed at a 12% grade. Councilmember Wagner suggested staff look at development of another street access that connects to the proposed development. Council member Haugen concurred with Mr. Wagner's comments. Councilmember Kurle recommended more circular streets within the development, and perhaps redesign the streets within the development. Council member Burns called for the question on .the motion. Ken Kruger, Project Manager and a registered civil engineer, expressed concern of the elevation of the property within the River Walk development. He said an additional access, built to City standards, would have an impact to the wetlands. Mr. Kruger pointed out the Forest Ridge area, developed 20 years ago, planned for a connection to the proposed River Walk development property by including two stub streets. He agreed to construct the access streets to the stub streets to connect the Forest Ridge subdivision to the proposed River Walk plat with emergency gates to limit traffic impacts. Mr. Kruger confirmed that the plat applications as proposed meets with City standards. Mayor Booth called for the vote as stated. Those Council members who voted no included Council member Borden, Councilmember Wagner, and Councilmember Haugen. A request was made to repeat the motion and the vote. The motion was repeated by Councilmember Burns. Councilmember Burns moved to approve the preliminary plat based upon the Hearing Examiner's Findings of Fact, Conclusions and Conditions, as outlined except as to the two access points that they be closed except to emergency access for police and fire. AUBURN CITY COUNCIL MINUTES December 19, 1994 Page No. 10 The MOTION CARRIED. The vote was 5-2 with Councilmembers Wagner and Borden voting no. Motion by Councilmember Burns, second by Councilmember Barber to approve the mining permit application based upon the Hearing Examiner's Findings of Fact, Conclusions and Conditions, and, to instruct the City Attorney to prepare the necessary ordinance. MOTION CARRIED. 6-1 with Councilmember Borden voting no. B. Audience Participation Mayor Booth asked for citizen participation. There were no requests for recognition. C. Correspondence A3.7.6 A. B. C. 1. A copy of a letter dated December 15, 1994 from Robert C. Coats, Jr. to Auburn City Clerk protesting LID 346 (Assessment No. 118) covering the property located in Boundary Unit G of the LID 346. 2. A copy of a letter dated December 19, 1994 to the Auburn City Clerk from Winson Jones General Partner protesting LID 346 (Assessment No. 146 covering the property located in Boundary Unit G of LID 346. III. COUNCIL COMMITTEE REPORTS Municipal Services Vice Chair Wagner reported the Municipal Service Committee met this evening at 4:30 p.m. Vice Chair Wagner reported they reviewed the federal crime bill, and the Supermall agreement. The next meeting of Municipal Services Committee is scheduled for Tuesday, January 3, 1995 at 4:30 p.m., Plannina & Community Development Chair Burns reported the Planning and Community Development Committee met on December 12, 1994 and the minutes are a matter of public record. Chair Burns reported the amendments to the draft Comprehensive Plan have been distributed, and will be reviewed at the first meeting in January. Chair Burns urged the Council to review the proposed changes, and if necessary, a workshop can be scheduled. The next Planning and Community Development Committee meeting is scheduled for Monday, January 9, 1995 at 7:30 p.m. Public Works Chair Wagner reported the Public Works Committee met on December 12, 1994 to discuss the proposed joint operating agreement for water in south King County, approved increases in water and sewer rates, and traffic mitigation agreement with the Supermall. He pointed out the HOV lane is still to be negotiated. The next meeting of the Public Works Committee is scheduled for Tuesday, December 27, 1994 at 5:30 p.m. AUBURN CITY COUNCIL MINUTES December 19, 1994 Page No. 11 D. Finance Chair Barber reported the Finance Committee met this evening at 7:00 p.m. She said a number of housekeeping items were discussed. She asked for Council approval as they appear in tonight's agenda. The next meeting of the Finance Committee is scheduled for Tuesday, January 3, 1995 at 7:00 p.m. IV. CONSENT AGENDA A. Minutes 1. Minutes of December 5, 1994 regular Council meeting. 2. Minutes of the November 22, 1994 Council Workshop. B. Vouchers F4.9.2, F4.9.5 1. Claim numbers 97480 through 98147 in the amount of $1,713,685.08 and dated December 19, 1994. 2. Payroll numbers 211056 through 211527 in the amount of $853,340.81 and a Direct Payroll Deposit Transmission in the amount of $125,556.22 for a grand total of $978,897.03 for the pay period covering 12/01/94 to 12/08/94 are approved for payment this 19th day of December, 1994. C. Contract Administration 1. Auburn Municipal Golf Course 04.4.7.1 To authorize a call for bids for the construction of an irrigation pump facility at the Auburn Golf Course. D. Washinaton State liquor License A5.6.1 City Council to approve liquor license upgrade from Classes CD to Class H for China House Restaurant located at 620 Auburn Way South, Suite D. Motion by Councilmember Kurle, second by Councilmember Burns to approve Consent Agenda Item Nos. IV.A through IV.D. MOTION CARRIED UNANIMOUSLY. 7-0. V. UNFINISHED BUSINESS - None. VI. NEW BUSINESS - None. A. Application No. ANX0002-94 03.1 ANX0002-94 City Council to consider authorizing the Planning Department to prepare a petition for annexation on a 20-acre parcel located south of 277th, west of Auburn Way North, east of "B" Street N.W., and north of 280th. Motion by Councilmember Burns, second by Councilmember Barber to authorize the Planning Department to prepare a petition for annexation. AUBURN CITY COUNCIL MINUTES December 19, 1994 Page No. 12 MOTION CARRIED UNANIMOUSLY. 7-0. B. Application No. PL T0005-90 and PL T0006-90 03.5 PL T0005-90 and PL T0006-90 The request of Henderson Development, Inc. to amend the plat application to allow for changes in street and lot layouts in order to accommodate the construction of the 211 lot single family subdivision located in Divisions 9, 10, 12-14 of Lakeland Hills. This item was pulled from the agenda under agenda modifications. C. Application No. MIN0001-90 03.10.3 MIN0001-90, 03.4.1.2 The request of Henderson Development, Inc., to amend the mining permit to allow an additional 222,000 cubic yards of material to be excavated in order to accommodate the construction of the 211 lot single family subdivision located in Divisions 9,10,12-14 of Lakeland Hills. This item was pulled from the agenda under agenda modifications. D. Application No. PL T0001-90 03.5 PL T0001-90, 03.4.1.2 The request of Henderson Development for final plat approval of Division # 7 of Lakeland Hills. Prior to action on VI.D, Councilmember Borden requested clarification on review of the items pulled from tonight's agenda. Lynn Rued responded that the Council will review these issues at a later date. Motion by Councilmember Burns, second by Councilmember Barber to approve the Final Plat of Division #7 of Lakeland Hills, and to instruct the City Attorney to prepare the necessary ordinance. MOTION CARRIED. 6-1 with Councilmember Haugen voting no. E. Application No. PL T0001-90 03.5 PL T0001-90, 03.4.1.2 The request of Henderson Development for final plat approval of Division # 8, a 63 lot single family subdivision that is located north of the Pierce County line and south of Division #6. Motion by Council member Burns, second by Councilmember Barber to approve the Final Plat of Division #8 of Lakeland Hills, and to instruct the City Attorney to prepare the necessary ordinance. MOTION CARRIED UNANIMOUSLY. 7-0. VII. ORDINANCES AND RESOLUTIONS A. Ordinances Acting City Attorney Reynolds read the title of each ordinance out loud. AUBURN CITY COUNCIL MINUTES December 19, 1994 Page No. 13 1. Ordinance NO.4 718 A3.5.5.3, F4.3 An Ordinance of the City of Auburn, Washington, amending codified City ordinance 13.04.360 pertaining to City of Auburn water rates. Motion by Councilmember Wagner, second by Councilmember Burns to introduce and adopt Ordinance No. 4718. MOTION CARRIED. 6-1 with Council member Haugen voting no. 2. Ordinance No. 4719 A3.5.5.3, F4.3 An Ordinance of the City of Auburn, Washington, amending Auburn City Code 13.20.440 pertaining to City of Auburn sewer rates. Motion by Councilmember Wagner, second by Council member Kurle to introduce and adopt Ordinance No. 4719. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Ordinance No. 4720 F3.8 An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 4646, the 1994 budget ordinance, and authorizing the Mayor to accept Schedule "A" which relates to the City of Auburn 1994 budget reallocation of funds in various accounts in several funds pursuant to RCW 35A.33.120, and setting forth findings. Motion by Councilmember Barber, second by Councilmember Borden to introduce and adopt Ordinance No. 4720. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Ordinance No. 4722 An Ordinance of the City of Auburn, Washington, amending codified city ordinance section 5.82.010, 5.82.020, 5.82.060 and adding new sections 5.82.063, 5.82.065 and 5.82.067 pertaining to cellular telephone service taxes. Motion by Councilmember Barber, second by Council member Borden to introduce and adopt Ordinance No. 4722. Under discussion, Acting City Attorney Mike Reynolds briefed the Council on the purpose of the ordinance. MOTION CARRIED UNANIMOUSLY. 7-0. B. Resolutions Acting City Attorney Reynolds read the title of each Resolution out loud. AUBURN CITY COUNCIL MINUTES December 19, 1994 Page No. 14 1. Resolution No. 2579 03.11 Res 2424 - A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute Amendment No. 1 to the Joint Cooperation Agreement between King County and the City of Auburn for the purposes of the Home Investment Partnerships Program, relating to the National Affordable Housing Act of 1990, as amended. Motion by Councilmember Burns, second by Councilmember Barber to adopt Resolution No. 2579. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Resolution No. 2580 03.4.1.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to reimburse Henderson Homes for system development charges collected for Divisions 2, 3, 4, 4A, 5 and 6 of the Lakeland Hills development in the amount of $46,820.00. Motion by Councilmember Wagner, second by Councilmember Haugen to adopt Resolution No. 2580. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Resolution No. 2581 03.4.1.23 A Resolution of the City Council of the City of Auburn, Washington, adopting and approving the Auburn Commuter Rail Station Siting Study for inclusion as an element of the Comprehensive Plan for the City of Auburn, Washington when the Comprehensive Plan amendments for Growth Management Act compliance are adopted. Motion by Councilmember Burns, second by Councilmember Borden to adopt Resolution No. 2581. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Resolution No. 2582 03.3.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute Agreement between the City and Washington Supermall Interests, L.P. for traffic, police, settlement and release. Acting City Attorney Reynolds passed out exhibits to Resolution No. 2582. Mr. Reynolds explained the purpose of the agreement. He noted the recommended changes to the agreement on page 8, mid way through the page should read "...OWNER agrees to reimburse AUBURN for the actual costs expended for such officers and equipment and f AUBURN CITY COUNCIL MINUTES December 19, 1994 Page No. 15 . agrees to provide an area free of charge within the facilities for such security services..." With regard to Insurance, Mr. Reynolds stated Washington Cities Insurance Authority recommended language that is fitting for this time, but the agreement is a convenant running with the land that will out live all of us. Suggested language to be included in the agreement on page 5, paragraph 4, is ..."Owner shall provide a Certificate of Insurance mutually agreeable to owner's insurance carrier and Auburn's Insurance Pool Administrator or carrier. Such insurance shall be generally available." Mr. Reynolds pointed out this gives the City the ability to review the insurance over time. Discussion centered around questions raised regarding a reduction in commissioned police officers and the number of police officers the Supermall will require. Motion by Council me mer Wagner, second by Council Brothers to adopt Resolution No. 2582. MOTION CARRIED UNANIMOUSLY. 7-0. VIII. MAYOR'S REPORT CAPOW vs City of Auburn Mike Reynolds reported that the Supreme Court granted the motion to expedite the hearing on the appeal filed with regard to the racetrack. Mr. Reynolds stated, approval of this motion, bypasses the Court of Appeals to the Supreme Court. The hearing is scheduled for March 22, 1994. IX. ADJOURNMENT There being no further business to come before the City Council, the meeting adjourned at 11 :20 p.m. ~G,~~ Charles A. Booth, Mayor ' ~~ Robin Wohlhueter, City Clerk 94M12-19