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HomeMy WebLinkAbout09-16-1996 Council Minutes CITY OF AUBURN COUNCIL MEETING MINUTES "~//~~'~ ./ September 16, 1996 7:30 p.m. I. CALL TO ORDER A. Flag 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 Mayor Booth and the following members of the Auburn City Council were in attendance: Rich Wagner, Sue Singer, Jeanne Barber, Trish Borden, Fred Poe, Gene Cerino, and Stacey Brothers. Staff members present included Fire Chief Bob JohnSon, Police Chief Dave Purdy, Personnel Director Brenda Kennedy, Assistant Personnel Director Dan Watts, Acting Parks and Recreation Director Dick Deal, Finance Director Diane L. Supler, Public Works Director Frank Currie, City Engineer Dennis Dowdy, Senior Engineer Dennis Selle, Traffic Engineer Steve Mullen, Planning and Community Development Director Paul Krauss, Assistant Planning Director Lynn Rued, City Attorney Michael J. Reynolds, and Deputy City Clerk Dani Daskam. C. Announcements and Appointments 1. Announcements a) Proclamations A1.8 (1) Constitution Week Mayor Charles A. Booth to present a proclamation declaring September 17 - 23, 1996 as "Constitution Week" to Peggy Eisaman representing the Lakota Chapter of Page I City of Auburn Council Meeting Minutes September 16, 1996 the National Society Daughters of the American Revolution. Mayor Booth read and then presented a proclamation declaring September 17 through 23, 1996 as "Constitution Week" in the city of Auburn to Peggy Eisaman of the Lakota Chapter of the National Society of the Daughters of the American Revolution. Ms. Eisaman thanked Mayor Booth for the City's recognition of Constitution Week. (2) Day of Concern for the Hungry and Food Bank Week Mayor Charles A. Booth to present a proclamation to Jack Laverty, Auburn Food Bank, and Elaine Prenovost, Community Supper Program, proclaiming September 28, 1996 as "Day of Concern for the Hungry" and September 29 through October 5, 1996 as "Food Bank Week". Mayor Booth read and presented proclamations declaring September 28, 1996 as "Day of Concern for the Hungry" and September 29 through October 5, 1996 as "Food Bank Week" in the city of Auburn to Jack Laverty of the Auburn Food Bank and Elaine Prenovost representing the Community Supper Program. Mr. Lavetry advised that at today's Auburn Area Chamber of Commerce meeting, the Auburn Food Bank volunteers were recognized as the Chamber's "Citizens of the Month". Recognition of the Auburn Food Bank volunteers is greatly appreciated as they provide a major portion of the labor for the operation of the food bank. b) Mayor Booth's Birthday On behalf of the members of the City Council, Councilmember Barber presented a birthday card in celebration of Mayor Booth's birthday on September Page 2 City of Auburn Council Meeting Minutes September 16, 1996 14. Members of the City Council expressed their best wishes on the occasion of his birthday. 2. Appointments There were no appointments for City Council consideration this evening. D. Agenda Modifications An agenda modification added Exhibit A as an attachment to Exhibit 1 of the Vegetation Protection and View Enhancement and Maintenance Easement for the preliminary plat of West Beverly Hill No. 4 transmitted under Item II.A.1 of these minutes. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings The following public hearings are considered closed record hearings and relate to the same project. A closed record hearing is where comments are limited to the existing record and no new evidence or information is allowed to be submitted. 1. Application No. PLT0002-94 03.5 PLT0002-94 The request of the ST Corporation for preliminary plat approval of a 114 lot single family/duplex subdivision located east of "V~' Street NW and west of the terminus of 15th Street NW. Mayor Booth declared the closed record hearing open. Assistant Planning Director Rued explained that the public hearings scheduled for this evening are all related to the same project. The purpose of the closed record hearing this evening is to allow the applicant the opportunity to work with staff and come to an agreement on language with regard to a view easement in Condition No. 18. The staff recommendation includes the language agreed to by the applicant and includes various zones of vegetation be set aside. Areas indicated by Zone 1 allow no removal of vegetation. Zones 2 and 3 allow for view enhancement and vegetation may be removed based upon certain elevations, Page 3 City of Auburn Council Meeting Minutes September 16. 1996 In light of the relationship of the remaining applications scheduled for hearing this evening to Application No, PLT0002-94, Mayor Booth opened the closed record hearings on Applications No, CUP0001-94 and MIN0002-94 described under Items II.A.2 and II.A.3 of these minutes. In response to a question from Councilmember Borden, Assistant Planning Director Rued explained the Vegetation Protection and View Enhancement and Maintenance Easement contains language which mandates that a landscape plan be prepared by a licensed landscape architect to address the replacement of trees. The landscape plan is subject to the approval of the Planning Director. Councilmember Borden expressed concern with the last paragraph of the easement and suggested it include a definition of imminent peril or expanded language describing instances of imminent peril. Assistant Planning Director Rued explained that the provisions of the easement allow the removal of a tree which must be cut down immediately to prevent it from falling on a home. Councilmember Borden expressed concern with the interpretation of imminent peril. Councilmember Cerino expressed his concern that a definition too specific cannot anticipate all forms of imminent peril. In response to a question from Councilmember Brothers, Assistant Planning Director Rued explained that the vegetation zones are based on sight lines. Any vegetation or tree removal must be done in accordance with an approved replacement plan as provided in the easement. Councilmember Wagner questioned the street turning radius to accommodate fire trucks and school buses. City Engineer Dowdy explained that the turning radius will be addressed as part of the design review of the plat. The required turning radius will also affect where on-street parking will be allowed. Page 4 City of Auburn Council Meeting Minutes September 16, 1996 Public Works Director Currie responded to Councilmember Wagner's question regarding the provision of water to the development. The development is within the Lakehaven Water District and inside city limits. The developer is building its water system to city standards in anticipation of future turnover to the City. Assistant Planning Director Rued and City Engineer Dowdy described the storm water facility. The City will own and operate the storm water facility in accordance with easement its rights. Motion by Councilmember Borden, second by Councilmember Wagner to close the closed record hearings. MOTION CARRIED UNANIMOUSLY. 7-0. Further action related to Application No. PLT0002-94 is reflected under Item No. VII.B.1 of these minutes. 2. Application No. CUP0001-94 O3.10.1 CUP0001-94 The request of the' ST Corporation for a Conditional Use Permit to allow duplexes on property located east of "W" Street NW and west of the terminus of 15th Street NW. See Item No. II.A.1 of these minutes for action related to the closed record hearing on Application No. CUP0001-94. Further action related to Application No. CUP0001-94 is reflected under Item No. VII.A.3 of these minutes. 3. Application No. MIN0002-94 O3.10.3 MIN0002-94 The request of the ST Corporation for a surface mining permit on property located east of "W" Street NW and west of the terminus of 15th Street NW. See Item II,A.1 of these minutes for action related to the closed record hearing on Application No. CUP0001-94. Further action related to Application No. MIN0002-94 is reflected under Item No. V~II.A.4 of these minutes. Page 5 City of Auburn Council Meeting Minutes September 16. 1996 B. Audience Participation There was no request from members of the audience to speak to any issue. C. Correspondence No correspondence was filed for City Council review under this section. III, COUNCIL COMMITTEE REPORTS A. Municipal Service_~ Chair Brothers reported the Municipal Services Committee met this afternoon at 4:30 p.m. The Committee reviewed the 1997 Budget requests from the Fire and Police Departments. The next regular meeting of the Municipal Services Committee is scheduled for Monday, October 7, 1996 at 4:30 p.m. B. Planning & Community Development Chair Borden reported the Planning and Community Development Committee met September 9, 1996 at 7:30 p.m. The Committee discussed Comprehensive Plan amendments as a result of the Growth Management Hearing Board decision, a contract with King County Community Services Division to continue the Late Night Program, correspondence from Department of Natural Resources regarding the Miles Sand and Gravel reclamation permits, scheduling a hearing on the Consolidated Plan, information with regard to adult uses, and a contract amendment with the Miller/Hull Partnership regarding architectural services for the library. The . next regular meeting of the Planning and Community Development Committee is scheduled for Monday, September 23, 1996 at 7:30 p.m. C. Public Works Chair Wagner reported the Public Works Committee met September 9, 1996 at 5:30 p.m. The Committee discussed parking issues, delay agreements, an aquifer test report, and the Tribal sewer agreement. The next regular meeting of the Public Works Committee is scheduled for September 23, 1996 at 5:30 p.m. D. Finance Chair Barber reported the Finance Committee met this evening at 6:30 p.m. The Committee discussed and recommends approval of Page 6 City of Auburn Council Meeting Minutes September 16, 1996 Resolutions No. 2777 and 2778 and claims and payroll vouchers. The Committee also received an update on the status of City revenues. The next regular meeting of the Finance Committee is scheduled for October 7, 1996 at 6:30 p.m. IV. CONSENT AGENDA A. Minutes 1. Minutes of the August 10, 1996 City Council Planning Session. 2. Minutes of the September 3, 1996 regular City Council meeting. B. Vouchers F4.9.2, F4.9.5 September 16, 1996. 2. Payroll Payroll check numbers 232673 through 232987 in the amount of $826,973.43 and Direct Payroll Deposit transmissions in the amount of $221,637.27 for a grand total of $1,048,610.70 for the pay period covering August 23, 1996 to September 11, 1996 are approved for payment this 16th day of September, 1996. C. Contract Administration 1. Public Works Project No. MS 713 O4.9.1 MS 713 Approve the Final Pay Estimate, PE #5, Contract No. 96-04 for MS 713, Emerald Downs SR167/15th NE Improvements to Dennis R. Craig Construction. Page 7 City of Auburn Council Meeting Minutes September 16, 1996 2. Library Facility 04.4.5 City Council to approve Addendum Number 1 to Agreement between the City of Auburn and Miller/Hull Partnership for amhitectural services. D. Call for Public Hearing 1.Comprehensive Plan Amendments 03.4.3 City Council to call for a public hearing, and conduct a public hearing on proposed Comprehensive Plan amendments at the October 7, 1996 meeting. 2. Consolidated Plan O3.4.1.7 City Council to call for a public hearing, and conduct a pre- publication public hearing on revisions to the Consolidated Plan at their October 7, 1996 meeting. Motion by Councilmember Barber, second by Councilmember Brothers to approve Consent Agenda Items IV.A through IV.D. Acting Parks and Recreation Director Dick Deal clarified Consent Agenda Item No. IV.C.2, Addendum Number 1 to the Agreement between the City of Auburn and the Miller/Hull Partnership for architectural services. The addendum provides for site analysis for possible new locations for the library and site analysis and remodel costs of the existing facility. MOTION CARRIED UNANIMOUSLY, 7-0. V. UNFINISHED BUSINESS There were no items for City Council review under this section. VI. NEW BUSINESS There were no items for City Council review under this section. Page 8 City of Auburn Council Meeting Minutes September 16, 1996 VII. ORDINANCES AND RESOLUTIONS A. Ordinances 1. Ordinance No. 4899 A3.5.5.12 An Ordinance of the City of Auburn, Washington, amending codified City Ordinance Chapter 12.64 relating to required public improvements. Motion by Councilmember Wagner, second by Councilmember Poe to introduce and adopt Ordinance No. 4899. MOTION CARRIED UNANIMOUSLY. 7-0. 2~Ordinance No. 4904 F5.3, O3.11.2 An Ordinance of the City Council of the City of Auburn, Washington, approving an appropriation and expenditure of grant funds in the amount of thirteen thousand five hundred and 00/100 dollars ($13,500.00), and authorizing the Mayor to execute Contract Amendment No. 1 with King County for Late Night and After School Programs. Motion by Councilmember Borden, second by Councilmember Singer to introduce and adopt Ordinance No. 4904. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Ordinance No. 4908 O3.10.1 CUP0001-94 An Ordinance of the City of Auburn, Washington, providing for a Conditional Use Permit to allow duplexes on property zoned R-2 (Single-Family) located easterly of "VV" Street NW and west of the terminus of 15th Street NW, within the City of Auburn, Washington. Page 9 City of Auburn Council Meeting Minutes September 16. 1996 Motion by Councilmember Borden, second by Councilmember Wagner to introduce and adopt Ordinance No. 4908. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Ordinance NO. 4909 O3.10.3 MIN0002-94 An Ordinance of the City of Auburn, Washington, approving a surface mining permit to allow the excavation of approximately 100,000 cubic yards of material to accommodate the construction of a 114 lot residential single family/duplex subdivision within the City of Auburn, Washington. Motion by Councilmember Borden, second by Councilmember Wagner to introduce and adopt Ordinance No. 4909. Councilmember Wagner questioned whether the developer is legally bound to not remove any mining materials from the site, Assistant Planning Director Rued explained that the developer is bound by the regulations of the zoning ordinance and the permit and environmental review. Some undesirable and waste material will be transported off site. MOTION CARRIED UNANIMOUSLY. 7-0. B. Resolutions 1. Resolution No. 2774 03.5 PLT0002-94 A Resolution of the City Council of the City of Auburn, Washington, approving the preliminary plat of a 114-1ot single-family/duplex subdivision located east of "~Ar' Street NW and west of the terminus of 15th Street NW, within the City of Auburn, Washington. City Attorney Reynolds noted that a correction should be made to page 20, paragraph D, at line 16, the word "owner" should read "other". Also, the staff recommendation is that the City Council adopt Resolution No. 2774 with the Page 10 City of Auburn Council Meeting Minutes September 16, 1996 amended Condition No. 18 as contained in the agenda packet. Motion by Councilmember Borden, second by Councilmember Brothers to adopt Resolution 2774 including staff recommendation for Condition No. 18, and to add to the end of Exhibit 1 to the preliminary plat the following language: "Final approval of this type of tree removal will be made by the Auburn Planning Director." Discussion was held with regard to the construction of Terrace Drive. Councilmember Wagner expressed his dissatisfaction with the developer's proposal to provide only a graveled pedestrian way on Terrace Drive. He indicated that he expected the plans for construction of Terrace Drive would include an allowance from the developer for not constructing the graveled pedestrian way which cost savings would be applied to the City's contribution to constructing a sidewalk on one side of Terrace Drive. Assistant Planning Director Rued advised that the construction standards of the arterial are as agreed to in the settlement agreement. City Engineer Dowdy displayed a cress section of the Terrace Drive right-of-way. Within the 60-foot right-of-way, a ten foot sidewalk is planned by the City to accommodate two-way pedestrian and bicycle traffic. The graveled shoulder is intended as a graded shoulder for vehicles to use in an emergency and could be upgraded in the future as an additional lane. The estimated cost of constructing the sidewalk from 15th Street NW to the east plat access is $82,500, the cost for extending a sidewalk from the east plat access to "VV" Street NW is $15,000, the cost of the gravel shoulder from "VV" Street NW to the school is $2,500, and illumination costs are estimated at $35,000 for a total project cost of approximately $135,000. City Engineer Dowdy indicated the project may be grant eligible. Councilmember Brothers expressed concern with the cost of the project to the City. Councilmember Cerino expressed concern for students required to cross the street to access the graveled Page11 City of Auburn Council Meeting Minutes September 16. 1996 pedestrian way from the sidewalk, City Engineer Dowdy indicated the school district will likely continue busing children in the area since sidewalk improvements have not been made between "W" Street NW and the school. He also explained that the sidewalk improvements proposed by the City are elective. Councilmember Wagner explained that his concern regarding the sidewalk issue related more to the precedent it may or may not set for future developments than to the cost of the sidewalk improvements. He expressed his support for the street design. Motion by Councilmember Singer, second by Councilmember Barber to amend the motion to exclude the requirement that final approval of tree removal will be made by the Auburn Planning Director. Councilmember Singer objected to obtaining the approval of the Planning Director prior to cutting down a tree which immediately endangers a house. Councilmember Brothers withdrew his second to the main motion. Councilmember Borden expressed concern that a homeowner may cut a tree down in one of the easement zones without Planning Director approval if the homeowner determines the tree jeopardizes his residence. Councilmember Poe seconded the main motion made by Councilmember Borden. Assistant Planning Director Rued explained that Condition 18 includes language regarding tree removal. Trees can be removed either through a tree removal plan approved by the Planning Director or for public safety and health reasons as determined by the Public Works Director. Additionally, the easement provides that trees can be removed if they present an imminent peril to public or private safety if they are not immediately removed. The language was added to the easement to reduce the City's exposure to any liability. Page 12 City of Auburn Council Meeting Minutes September 16, t996 MOTION TO AMEND THE MAIN MOTION CARRIED. 5-2. Councilmembers Borden and Brothers voted no. Councilmember Brothers expressed concern for the City's obligation to construct the sidewalk. Mayor Booth indicated that the vote this evening will not obligate the City to construct the sidewalk. Councilmembers Poe and Wagner urged that the engineering details for the project be presented to the Public Works Committee as soon as possible. THE MAIN MOTION, AS AMENDED, CARRIED. 6-1. Councilmember Brothers voted no. 2. Resolution No. 2777 03.5 PLT0002-94 A Resolution of the City Council of the City of Auburn, Washington authorizing the Mayor and City Clerk to execute an Inter-Governmental Agreement between the Muckleshoot Indian Tribe and the City of Auburn to provide a framework which creates a structured process to be used for future issues between the Tribe and the City. Motion by Councilmember Barber, second by Councilmember Wagner to adopt Resolution No. 2777. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Resolution No. 2778 A5.5.2 A Resolution of the City Council of the City of Auburn, Washington authorizing the Mayor and City Clerk to execute a Memorandum of Understanding between the Muckleshoot Indian Tribe and the City of Auburn for the purpose of the 1996 reimbursement under the Muckleshoot Indian Tribe- State of Washington Gaming Compact. Motion by Councilmember Barber, second by Councilmember Singer to adopt Resolution No. 2778. MOTION CARRIED UNANIMOUSLY. 7-0. Page13 City of Auburn Council Meeting Minutes September 16, 1996 VIII. MAYOR'S REPORT A. City Council Workshops Discussion was heed among the City Councilmembers and Mayor Booth regarding scheduling workshop sessions to discuss revenue options and projections, library issues, adult uses, and a curfew ordinance. It was consensus that the City Council will hold a workshop session on Tuesday, October 1, 1996 beginning at 3:00 p.m. to discuss revenue options and projections and library issues. Mayor Booth indicated that the procedure for scheduling future workshop sessions will consist of providing an advance list of possible dates, and then discussion and consensus among the City Council during a regular meeting. City Attorney Reynolds advised that the City Council can anticipate receiving an information packet from staff regarding adult uses in the near future. Also, a video tape belonging to the City of Federal Way which documents the type of adult entertainment which exists in Federal Way will be in the possession of the Auburn City Clerk for those Councilmembers who may wish to view the video tape from an evidentiary standpoint. The video tape will be available for viewing at city hall only. The City Council must adopt an adult use ordinance by the first Council meeting in December. It was consensus of the City Councilmembers to conduct a workshop session on Tuesday, October 8, 1996 at 4:00 p.m. to discuss adult uses and a curfew ordinance. B. Executive Session Mayor Booth recessed the regular meeting to executive session at 9:00 p.m. for approximately 30 minutes in order to discuss potential litigation and matters of personnel. Mayor Booth indicated no action is anticipated as a result of the executive session. Mayor Booth reconvened the regular meeting at 9:46 p.m. Page 14 City of Auburn Council Meeting Minutes September 16. 1996 IX, ADJOURNMENT There being no further business to come before the City Council this evening, the meeting adjourned at 9:46 p.m. Charles A. Booth, Mayor Robin Wohlhueter, City Clerk 96M9-16. DOC Page 15