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
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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
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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,
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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.
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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.
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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
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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
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