Loading...
HomeMy WebLinkAbout02-17-1995 CITY Of AUBURN SPECIAL COUNCIL MEETING MINUTES FEBRUARY 17, 1995 CONTINUED TO FEBRUARY 21, 1995 5:30 p.m. I. CALL TO ORDER The purpose of the meeting is to reopen the public hearing on Application Numbers PLT0005-90, PLT0006-90, and MIN0001-90 which were referred to a Special Council meeting at the January 17, 1995 regular Council meeting to be held on February 14, 1995. The February 14, 1995 Special City Council meeting was canceled February 8, 1995. On February 14, 1995 at 5:30 p.m., Acting City Attorney Reynolds was present in the City Council Chambers to announce the cancellation of the February 14, 1995 Special City Council meeting. At the February 6, 1995 regular meeting the special meeting was rescheduled to reopen the public hearing to February 17, 1995. Due to a newspaper publication deadline, adequate public notice of hearing on the land use applications could not be given. Therefore, the special meeting scheduled for February 17, 1995 was continued to Tuesday, February 21, 1995 at 5:30 p.m. for the purpose of reopening the public hearing process on Application Numbers PLT0005-90, PLT0006-90, and MIN0001-90. Acting City Attorney Michael Reynolds called the February 17, 1995 Special City Council meeting to order at 5:30 p.m. Upon determining no quorum was present, Acting City Attorney Reynolds immediately continued the meeting to February 21, 1995 at 5:30 p.m. Mayor Booth announced at 5:36 p.m. the Call to Order would be delayed approximately five minutes. At 5:38 p.m. Mayor Booth reconvened the February 17, 1995 special meeting which was continued to meet this evening at 5:30 p.m. Fla.q Salute Mayor Booth led those in attendance in the pledge of allegiance. City of Auburn Council Meetinc~ Minutes February 17, t995 Bo ko Co Roll Call Those in attendance included Mayor Booth and the following Councilmembers: Pat Burns, Rich Wagner, Trish Borden, Jeanne Barber, and Stacey Brothers. Councilmembers Virginia Haugen and Don Kurle were excused. Staff members present included: Assistant Parks and Recreation Director Dick Deal, Personnel Director Brenda Kennedy, Finance Director Victor Thompson, Senior Planner Lynn Rued, Acting City Attorney Michael Reynolds, Assistant City Attorney Judy Ausman, Public Works Director Frank Currie, City Clerk Robin Wohlhueter, and Deputy City Clerk Dani Daskam. Announcements and Appointments - None. Agenda Modifications The agenda modification, distributed to Councilmembers prior to the meeting, transmits correspondence regarding Agenda Item Numbers V.A and V.B and transmits portions of the record inadvertently omitted from the packets related to Agenda Item Number V.A, Application Numbers PLT0005-90 and PLT0006-90, and Agenda Item Number V.B, MIN0001- 90, and consists of copies of Resolution No. 2315, Resolution No. 2316, and Ordinance No. 4572. Mayor Booth announced an additional agenda modification, distributed to Councilmembers prior to the meeting, and is a letter from Jerry L. Hall addressed to the City Council dated February 17, 1995 regarding Application Numbers PLT0005-90, PLT0006-90, and MIN0001-90. II. CITIZEN INPUT, PUBLIC HEARINGS AND CORRESPONDENCE Citizen Input - None. Public Hearin.qs See Agenda Item Number V.A. and V.B later in these minutes. Correspondence A letter from Dan Rollins to the City of Auburn Councilmembers dated February 15, 1995, regarding PLT0005-90, PLT0006-90 and MIN0001-90. A letter from Susan E. Ryan to City Council Members dated February 16, 1995, regarding Application Numbers PLT0005-90, PLT0006-90 and MIN0001-90. Page 2 City of Auburn Council Meetin.q Minutes February 17, 199~ A letter from Jerry L. Hall to the City Council dated February 17, 1995, regarding Application Numbers PLT0005-90, PLT0006-90 and MIN0001-90. III. COUNCIL COMMITTEE REPORTS - None IV. CONSENT AGENDA - None V. UNFINISHED BUSINESS This item was referred to a special council meeting at the January 17, 1995 regular Council meeting to be held on February 14, 1995. At the February 6, 1995 regular meeting the special meeting was rescheduled to reopen the public hearing to February 17, 1995. Due to a newspaper publication deadline, adequate public notice of hearing on the land use applications noted below could not be given. Therefore, the special meeting scheduled for February 17, 1995 was continued to Tuesday, February 21, 1995 at 5:30 p.m. for the purpose of reopening the public hearing process on the following: Ao Application No. PLT0005-90 & PLT0006-90 03.5 PLT0005-90, 03.5 PLT0006-90 The request of Henderson Development, Inc., to amend the plat applications to allow for changes in street and lot layouts in order to accommodate the construction of the 211-1ot single family subdivision located in Divisions 9, 10, 12,13 and 14 of Lakeland Hills. Application No. MIN0001-90 03.10.3 MIN0001-90 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 211-1ot single family subdivision located in Divisions 9, 10, 12,13, and 14 of Lakeland Hills. Mayor Booth opened the public hearing on Application Numbers PLT0005-90, PLT0006-90, and MIN0001-90 to receive additional public testimony on the applications. Susan Ryan, 5101 Mill Pond Loop, Auburn, WA Mrs. Ryan stated she hoped the City Council received her letter and had an opportunity to read it. Mrs. Ryan asked the City Council to consider the effect the request of Henderson Development will have on her property. She specifically expressed concern with reduced property Page 3 City of Aubum Council Meeting Minutes February 17, 199; values, the effects on wetlands, and the existing community overall. Mrs. Ryan stated she wants to control the effect of growth by developing plat by plat and to avoid clear cutting in order to save the old growth trees. Mrs. Ryan stated that by developing plat by plat, the developer will have to consider the slope of the hills and the 50 foot setback from abutting property lines. Steve Sheehy, Attorney for Henderson Development, Inc., 5004 - 43rd Avenue South, Seattle, WA, 98118 Mr. Sheehy conveyed the apologies of Mr. Ken Kinared and Mr. Chuck Henderson who cannot be in attendance this evening because of previous commitments. Mr. Sheehy asked for clarification on the process for this evening. He asked if he can offer input and whether there would be questions. Mayor Booth stated the purpose of the public hearing is to obtain more information and allow the City Council to ask additional questions. Mayor Booth offered that Mr. Sheehy convey any information related to the applications he may wish to at this time. Mr. Sheehy offered additional exhibits in an attempt to distinguish between what is proposed this evening and what was previously approved in the preliminary plat. Mr. Sheehy explained his comments regarding the "approved plan" refers to the preliminary plats approved in 1992, and the "proposed plans" refers to the proposed applications. Mr. Sheehy stated the proposed plan is better than what was approved under the preliminary plat. Mr. Sheehy stated that the proposed plan offers more vegetation than the approved preliminary plat through restoration and revegetation. Mr. Sheehy stated the topography of the proposed development is hilly with a lot of steep slopes. He stated some of the steep slopes will be retained as open space. Mr. Sheehy stated to create gentler slopes and rockeries, additional excavation is required. Mr. Sheehy distributed an exhibit which compared the amount of vegetative open space approved on the preliminary plat to the amount of vegetative open space resulting from the proposed amendments. Mr. Sheehy pointed out that under the approved preliminary plat 34.74 acres will be in vegetative open space while the proposed amendment includes approximately 39 acres in restoration and revegetation. Councilmember Brothers asked for a definition of revegetation and what it includes. Page 4 City of Aubum Council Meetin.q Minutes February 17, 1995 Mr. Sheehy stated the restoration conditions are included in the Hearing Examiner's decision. He stated the revegetation plans include hydroseeding and trees. Councilmember Borden asked how many trees would be replanted. Larry Calvin, Henderson Development Inc., 2223 112th Avenue N.E., Bellevue, WA, 98004 Mr. Calvin stated Condition H of the Hearing Examiner's decision outlines the restoration, revegetation, and tree planting plan for this development. Mr. Calvin displayed an exhibit illustrating Divisions 9, 10 and 12 showing the clearing limits proposed under the amended application. Mr. Calvin described the following clearing and revegetation plans: Division 9 has been approved to clear 85% of the site and is proposed to clear 87% of the site, 15% would remain in open space and 12% would be revegetated; Division 10 has been approved to clear 75% of the site and is proposed to clear 85% of the site, 25% would remain in open space and 13% would be revegetated; Division 12 has been approved to clear 4.26 acres of the site and is proposed to clear 4.88 acres, 83% would remain in open space and 90% would be revegetated. Mr. Calvin noted that under the approved preliminary plat application, no revegetation was planned for the site other than the required street trees. Mr. Calvin stated the proposed plan's revegetation figures do not include street trees, but includes revegetation in addition to that which would normally be required for the plat application under the City's current standards. Mr. Calvin stated Division 13 of the approved preliminary plat allows clearing 17.05 acres or 60% of the site. The developer is proposing to clear 68% of the site, 42% of the site would remain in open space and 11 °k would be revegetated. Mr. Calvin stated Division 14 was approved and is proposed to be 100% cleared. There was no plan to revegetate under the approved plan, but they are now proposing to revegetate 9% of the site. Mr. Calvin explained they are interpreting the revegetation conditions to include revegetation of the area behind each lot with a hydroseed mix that is an erosion control mix. Mr. Calvin stated they would also revegetate with three year old coniferous trees that are indigenous to Western Washington. These trees would be planted at a spacing of 13 feet on center. Mr. Calvin stated the Hearing Examiner decision additionally requires the planting of deciduous and coniferous trees along the rear Page 5 City of Aubum Council Meeting Minutes February 17, 1995 property line of the lots at an average spacing of 25 feet on center. Mr. Calvin stated where lots abut another lot, rear lot line trees will be planted on each lot thereby doubling the density of trees on the rear lot line. Mr. Calvin stated they plan to cluster some of the trees in order to achieve more of a buffering effect and replicate a more natural setting. Mr. Calvin stated the street trees are not included in the developer's figures for revegetation. He also stated the trees that will be planted on rear lot lines will be trees 6-8 feet in height. Mr. Calvin displayed exhibits for Divisions 12 and 13. Mr. Calvin explained that as part of the City's approval of Lakeland Hills Division 6, Henderson Development is required to restore a wetland at the end of the cul-de-sac in Division 12 which is currently used as a detention pond for Divisions 6, 7, and 8. Mr. Calvin stated plans have been submitted to the Public Works Department regarding the construction of the remaining connection to the Mill Pond drainage system. Mr. Calvin noted the amended application is requesting that Lot 5 in Division 12 be relocated. Mr. Calvin stated the approved Lot 5 would require significant filling; therefore the developer is requesting to relocate Lot 5 as an additional lot off the cul-de-sac. Mr. Calvin stated the relocation of Lot 5 would require an additional 38/100 acre excavation. Mr. Calvin stated Division 13 will be revegetated according to the Hearing Examiner's decision and conditions and according to City standards. Mr. Calvin stated the perimeter of Division 13 will remain in natural vegetation. Mr. Calvin stated Division 13 includes 11.45 acres of open space and the proposed amendment includes 11.9 acres of open space. Mr. Calvin stated 3.17 acres will be revegetated and there will be over 12 acres of vegetated open space. In response to a question from Councilmember Brothers, Mr. Calvin stated the street trees are required by code and the revegetation plan required by the Hearing Examiner includes the rear lot line trees and hydroseeding. Mr. Calvin stated the street trees and the revegetation is paid for by the developer. Councilmember Borden asked Mr. Calvin about the placement of the rear property line trees and the number of trees to be planted. Mr. Calvin stated the trees will be placed in somewhat of a line but also clumped together. Mr. Calvin stated he is unsure of the total number of trees to be planted. He estimated the cost to be approximately $100 per tree and the total cost to be in the tens of thousands of dollars. He estimated over a Page 6 City of Auburn Council Meeting Minutes February 17, 1995 thousand trees. Mr. Calvin recalled that in Divisions 7 and 8, Henderson development was required to post a bond with the City for the street trees. The bonds for the divisions were in the approximate amounts of $12,000 and $11,000. In response to a question from Councilmember Borden, Mr. Calvin stated the zoning for the Lakeland Hills area is R-2 which allows a density of five units per acre. Mr. Calvin stated the developer is achieving less than 2.5 units per acre. Mr. Calvin stated the proposed plan for Division 14 is better than originally approved on the preliminary plat. He stated the preliminary plat provided for 0% revegetation while the proposed plan includes 9% revegetation of Division 14. Mr. Calvin stated the developer, through the proposed plan, is developing more livable lots, better revegetation, and lots that are more compatible with surrounding neighborhood developments. Mr. Calvin stated the preliminary plat required the developer to have a selective clearing limit of trees between Lots 23 through 41 which back up to each other in Divisions 9, 10, and 13. Mr. Calvin stated that when these selective trees are left standing, they create potential hazards during wind storms. Mr. Calvin stated a few stands of trees were left in Division 7, and as a result of the recent windstorm, three or four trees have fallen. Mr. Calvin stated Division 14 has created several design problems for the developer. Mr. Calvin displayed an exhibit showing Division 14. Mr. Calvin pointed out that Mrs. Ryan's property is Lot 17 of Division 1 of Lakeland Hills which is adjacent to Lot 7 of proposed Division 14. Mr. Calvin stated there are some cedar trees on the Henderson Development property that are adjacent to Mrs. Ryan's property, and there are some cedar trees on Mrs. Ryan's property as well. Mr. Calvin stated the road design and standards require the developer to cut and lower the road about 2-4 feet to a grade that permits safe access and access for emergency response vehicles. Mr. Calvin presented an exhibit illustrating the boundary lines adjacent to Lakeland Hills Way and adjacent to the existing Lakeland Hills Division 1 subdivision previously developed and approved. Mr. Calvin stated the exhibit additionally illustrates the encroachments on the easterly boundary line that occurred with the development of Division 1. He Page 7 City of Auburn Council Meetin_~ Minutes February 17, 1995 pointed out several existing rockeries that have been constructed and fill that has pushed out from Division 1 lots to the Henderson Development property. Mr. Calvin stated this was done to create buildable lots and allowed the owners to fill their backyards in order to create usable backyards. Referring to Division 14 and other Henderson developments, Mr. Calvin stated Henderson Development is attempting to develop a subdivision that is compatible and consistent with existing divisions and previously approved subdivisions in Auburn. Councilmember Brothers asked the elevation of the road and where Mrs. Ryan's house foundation would begin. Mr. Calvin stated the elevation of the road is 312 feet above sea level and the ground elevation in front of Mrs. Ryan's house varies from 340 to 342 feet. Mr. Calvin stated the foundations of the homes they construct are usually constructed 2-4 feet below the existing grade of the land. Mr. Calvin estimated Mrs. Ryan's foundation would begin between 330 to 336 feet above sea level. Councilmember Brothers asked the length of the span from the front or back of Mrs. Ryan's home to the beginning of the road. Mr. Calvin stated it is 125 feet. Councilmember Brothers asked the minimum lot size in the proposed plats. Mr. Calvin stated it is 6,000 square feet. Councilmember Brothers stated 6,000 square feet seemed a small lot size when considering the housing density of 2.5 per acre. Mr. Calvin stated a 6,000 square foot lot is the minimum lot size that is allowed in R-2 zoning. Mr. Calvin stated of the 85.8 acres of the developable area, the developer is developing 60% of that area and 40% left in open space. Mr. Calvin stated roads are not included in computing lot density. Councilmember Brothers asked the maximum lot coverage allowed. Mr. Calvin stated 35% lot coverage. Councilmember Borden asked for clarification of Mr. Calvin's previous comments related to the City's street standards, and asked if Henderson Development would not have contemplated removing trees in Division 14 if the City would have been more flexible in its street standards. Mr. 'Calvin stated the City of Auburn as well as other cities have minimum road slope and grade requirements in order to allow emergency vehicles and typical traffic circulation to occur in a reasonable manner. Mr. Calvin stated if the grade is increased over what is allowed, potentially a situation may be created where emergency vehicles cannot or have a difficult time in responding to emergency situations because of the grade of the road. Mr. Calvin stated if Henderson Development could have developed a steeper road grade, more of the trees could have been preserved. Mr. Calvin stated they are not preserving any of the trees in Division 14 except for a very small portion adjacent to Lot 23. In Page 8 City of Auburn Council Meetinc; Minutes February 17, 1995 response to a question from Councilmember Borden, Mr. Calvin stated the grade of the road is 12%. Councilmember Wagner asked for evidence that the 20 to 30 foot fills will remain stable. Ronald Parker, Associated Earth Sciences, Geotechnical Consultant, 911 Fifth Avenue, Suite 100, Kirkland, WA, 98033 Mr. Parker stated exploration holes have been dug in the fills and several options have been presented for founding structures on those fills. Mr. Parker stated piling is an option as well as doing a structural fill mat of some depth beneath the structure to spread out the loads. Councilmember Wagner noted the list of lots the Hearing Examiner identified as requiring special attention when building permits are issued. Mr. Parker stated special foundation design considerations are required for those lots. Councilmember Wagner noted there are numerous fills but only about a dozen lots requiring special foundation design. Councilmember Wagner asked if it is known what criteria the Hearing Examiner used in determining the lots that require special foundation design. Mr. Parker stated there are fills in the development that were done previously and have no documentation as far as compaction, and those are considered non-structural fills. Councilmember Wagner asked about the stability of the fills and what kind of experience Mr. Parker and the developing company have in creating these kinds of fills. Mr. Parker stated from the plateau above Issaquah, through Bellevue and Snohomish County, as well as in Auburn, structural fills have been common, and a structural fill is a common engineering practice. Councilmember Wagner asked about the presence of springs that may enter the fills and their effect on the fills. Mr. Parker stated an interceptor would be installed to pick up the water and dived it to a storm drain system. Mr. Parker stated he has not mapped any springs in the development. Councilmember Wagner expressed his concerns aboUt the effect of springs in Division 14 and asked if the springs should be mapped prior to filling to determine the level of risk. Mr. Parker stated sometimes it is done before development, but many times during the fill process, they are encountered and an interceptor drain is installed then. Councilmember Wagner wondered if the developer will encounter the springs as many of them are not active certain times of the year. Mr. Parker stated once the fill is in place, a spring below grade does not jeopardize the fill of a level grade; however, a spring in a sloping grade is a major consideration. Councilmember Wagner pointed out a 25 foot fill Page 9 City of Aubum Council MeetinQ Minutes February 17, 1995 on section EE of map 21. Mr. Parker stated the fill is benched into the original slope to always fill on the horizontal. Mr. Parker stated the exploration holes conducted on Division 14 did not reveal any seepage. Councilmember Wagner asked who owns the property west of Division 13 and the property east of Division 10. Mr. Larry Calvin stated the P. Hendley Estate currently owns the property west of Division 13 but is currently being looked at by several potential buyers. Mr. Calvin stated the property east of Division 10 is also owned by the P. Hendley Estate, and he understands another developer is looking at acquiring that property. Councilmember Wagner asked if the developer gives any kind of guaranty of soil stability to the adjacent property owners. Mr. Calvin stated he is unaware of any guaranty they are required to give. Mr. Parker stated the engineer and geologist is on site during the placement of the fills. Councilmember Wagner asked Acting City Attorney Reynolds what the City's exposure would be if the City approved the fills and slippage occurred onto other properties. Acting City Attorney Reynolds stated the usual action is against the developer and the developer's engineer. Mr. Reynolds stated he is unaware of any instance in the state of Washington where a property owner has sued the municipality under this scenario. Councilmember Wagner asked if there is any guaranty to the property owners above the cuts on Division 14. Mr. Sheehy stated there is nothing in the code nor in the Hearing Examiner's decision which addresses Councilmember Wagner's question, and there is no exact answer to the question. Councilmember Wagner asked whether the connection of the improved wetland, which is planned to replace the existing detention pond in Division 12, to the storm drainage system will be possible. Mr. Calvin stated there is currently a detention pond in Division 12 which receives water from Divisions 6, 7 and 8 of Lakeland Hills through a 36 inch pipe. From the detention pond, the water is released and conveyed down 48th Street S.Eo through an enclosed storm drainage system which then connects to the Mill Pond Drive and ultimately the Mill Pond Park storm drainage system. Mr. Calvin stated the only connection that remains to be made is to connect a 36 inch pipe coming down the hill into the 36 inch pipe that is at the end of 48th Street S.E. Mr. Calvin stated they could not complete the connection until the Mill Pond Park was completed and Page 10 City of Auburn Council Meetin.q Minutes February 17, 1995 accepted by the City. Mr. Calvin stated the City has accepted Mill Pond Park, and they are now awaiting the City's approval of the plans after the City Council's decision on Application Numbers PLT0005-90, PLT0006- 90, and MIN0001-90. Peaav Fox, 5109 Mill Pond Loop, Auburn, WA. Mrs. Fox stated she lives next door to Susan Ryan, and she and her husband have lived in Lakeland Hills seven years. Mrs. Fox stated in her backyard are some old growth trees. She stated she moved to Lakeland Hills because of the trees and their aesthetic value. Mrs. Fox believed there is a solution to prevent the removal of the trees and prevent the construction of 8 foot rockeries. Mrs. Fox stated she doesn't want to wait 10 years to have beautiful trees in her backyard when she already has them. Mrs. Fox pleaded with the City Council for compassion Jerry Hall, 4832 Mill Pond Loop, Auburn, WA Mr. Hall stated he and his wife have lived at their residence for 10 years. Mr. Hall stated Henderson Development cleared an area adjacent and above Mill Pond Park of all its vegetation. Mr. Hall stated Mill Pond changed dramatically since clearing the property. Mr. Fox stated the mud and sediment mn down into Mill Pond and also covered their streets. Mr. Hall objected to planting 14 foot trees when he already has 60-80 foot trees in his backyard. Mr. Hall stated Henderson Development should be able to build around the trees. Mr. Hall stated the roads should be constructed to accept the existing slopes. Mr. Hall stated he would be willing to pay extra to purchase a lot with the existing trees. Beth Kesk¥, 5025 Mill Pond Loop, Auburn, WA Ms. Kesky stated she has lived there 1-1/2 years and was previously a Californian. She stated she moved to the Northwest to get away from the "concrete jungles" of California. She stated she loves the idea of properties without fences and with trees. She stated she realizes that many of the trees that will be removed are on Henderson Development property but still deserve Council consideration. She stated the trees are irreplaceable; and if they are not in the way of the actual building structure she wondered what the justification is for removing them. She stated she has worked in the real estate business previously and knows that her property was appraised with consideration given to the old growth trees on the adjacent property. Mrs. Kesky stated she hoped consideration would be given to the old growth trees as she believes removing the trees will impact future appraisals of their property. Larry Calvin, Henderson Development, Inc. Page 11 City of Aubum Council Meetin.q Minutes February 17, 1995 Mr. Calvin responded to comments previously stated. He stated the Hearing Examiner's decision included a condition that Henderson would be required to construct a six foot fence along the rear property line of lots adjacent to rockeries thereby protecting the adjacent property owner from a potential hazard. Mr. Calvin stated the construction of Mill Pond Park included the construction of a sedimentation vault which has been constructed and has been in operation since this fall. Mr. Calvin stated the purpose of the vault is to collect any sediment that is running within the water that enters the vault and removes it from the water. Mr. Calvin stated the water then goes through a swale where remaining sediment is extracted from the water. Mr. Calvin agreed that the water in Mill Pond is now chocolate colored and is not the same color as before they started construction on Site 3 in October. Mr. Calvin stated the soil particles that are in Mill Pond are not environmentally degrading to the pond. Mr. Calvin stated that according to the studies they have been required to perform on the water quality of Mill Pond, no damage has been done to the pond. Mr. Calvin stated Henderson Development is required to follow the City's erosion control standards as well as the Washington State Department of Ecology permitting process for development of sites greater than five acres. Mr. Jerry Hall, 4832 Mill Pond Loop, Auburn, WA Mr. Hall acknowledged the existence of the vault. He said the muddy water that entered the pond came down the gullies and the streets and bypassed the vault. Susan Ryan, 5101 Mill Pond Loop, Auburn, WA Mrs. Ryan stated the revegetation Henderson Development describes includes three-year old seedlings, but the Hearing Examiner's reports requires that trees be only 2-1/2" in diameter and do not compare to the two existing cedar trees spanning the width of her backyard. Mrs. Ryan also expressed her concerns regarding the wetland. She stated during the winter her backyard is very muddy and one of her neighbors has a sump pump that runs continuously. She stated she is concerned with what might happen to her property should excavation occur up to her property line. Mrs. Ryan questioned whether a fence would be built on the 4-1/2 foot rockery planned for behind her house. Mrs. Ryan stated revegetation does not compare to existing trees. Mrs. Ryan reported she received an offer from Mr. Calvin this evening which includes eliminating the 4-1/2 foot rockery and leaving the 10-foot rockery. Mrs. Ryan said she hoped the old growth cedars at the entrance to the development near her property could be saved. Page 12 City of Auburn Council Meeting Minutes February 17, 1995 Motion by Councilmember Burns, second by Councilmember Wagner to close the public hearing, MOTION CARRIED UNANIMOUSLY. 5-0. Councilmember Burns addressed Mrs. Ryan for further questioning. Acting City Attorney Reynolds stated he would prefer questioning take place during the public hearing process so that everyone in attendance at the'hearing has an opportunity to hear the testimony. Mayor Booth asked Councilmember Burns to proceed with his questioning. Councilmember Burns asked Mrs. Ryan why she believed the value of her property would decrease if the request of the developer is approved. Mrs. Ryan stated her property line is approximately 10 feet from her deck, and the removal from the trees behind her property will change the character of her property. Mrs. Ryan expressed concern with the effect of the excavation on the wetlands and her property. Councilmember Burns asked if the development behind her home will be constructed below the level of her home. Mrs. Ryan stated yes. Councilmember Burns asked Mrs. Ryan if she believed the request as proposed would affect the vegetation and trees in her yard. Mrs. Ryan stated she has old growth cedars on her property whose root systems may span out into the area Henderson Development wishes to excavate. Mayor Booth offered opportunity for rebuttal. Mr. Sheehy declined. Motion by Councilmember Burns to recommend to the full City Council at 7:30 p.m. this evening the approval of Application Numbers PLT0005-90, PLT000~,90, and MIN0001-90. Mayor Booth called twice for a second to the motion. Councilmember Wagner stated he would second the motion only with an amendment to the motion to delete Division 14 from the recommendation for approval. Acting City Attorney Reynolds explained the main motion would need to be seconded before amendments to the motion could be entertained. Page 13 City of Auburn Council Meetin.q Minutes February 17, 199; Councilmember Burns' motion died for lack of a second. Motion by Councilmember Wagner, second by Councilmember Borden to recommend to the full City Council the approval of Application Numbers PLT0005-90, PLT0006-90, and MIN0001-90 with the exception of Division 14. Acting City Attorney Reynolds explained the Councilmembers present constitute a quorum, and the City Council could have approved the Applications at this meeting. Councilmember Wagner stated his motion is to recommend approval to the full City Council. Acting City Attorney Reynolds stated the Councilmembers absent from tonight's meeting will need to have the information and testimony that was heard this evening before acting on the request of the applicant. In response to a question from Mayor Booth and Councilmember Wagner, Mr. Sheehy stated he is reluctant to say a two-week delay in a decision on Henderson Development's request is satisfactory. A few moments later, Mr. Sheehy indicated a two-week delay would be acceptable. MOTION CARRIED UNANIMOUSLY. 5-0. Councilmembers Barber and Brothers abstained and are counted with the majority vote. Acting City Attorney Reynolds stated if the City Council decides to deny or reverse the decision of the Hearing Examiner on the request of Henderson Development for Application Numbers PLT0005-90, PLT0006- 90, and MIN0001-90, the City Council will need to perpetuate Findings of Fact and Conclusions. Councilmember Burns stated if the City Council denies Henderson Development's request for Division 14 under Application Numbers PLT0005-90, PLT0006-90, and MIN0001-90, the preliminary plat approved by the City Council previously would be in effect. Councilmember Burns urged the Councilmembers to compare Division 14 approved in the preliminary plat to Division 14 as proposed in Henderson Development's request this evening. Councitmember Wagner requested Senior Planner Rued ensure the Councilmembers have received all information and materials on the preliminary plat of Division 14. Senior Planner Rued stated he believed all material related to the previous decision was previously transmitted. Page 14 City of Aubum Council Meetin.q Minutes February 17, 1995 Councilmember Wagner asked if the developer could build directly to the preliminary plat or would the developer need to obtain a final plat first. Senior Planner Rued advised once the preliminary plat is approved, the developer is allowed to construct the streets and utilities and perform the grading. Afterwards, the developer would apply for a final plat. VI. NEW BUSINESS - None. VII. ORDINANCES AND RESOLUTIONS - None. VIII. MAYOR'S REPORT- None IX. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 7:25 p.m. Charles A. Booth, Mayor Robin Wohlhueter, City Clerk Page 15