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HomeMy WebLinkAbout05-04-1998 CITY Of AUBURN COUNCIL MEETING MINUTES May 4, 1998 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 present: Pete Lewis, Sue Singer, Jeanne Barber, Fred Poe, Gene Cerino, and Rich Wagner. Councilmember Trish Borden was excused from the meeting. Staff members present included: Park and Recreation Director Dick Deal, Personnel Director Brenda Heineman, Assistant Police Chief Bob Almy, Assistant Fire Chief Russ Vandver, Finance Director Diane L. Supler, City Engineer Dennis Dowdy, Traffic Engineer Steve Mullen, Senior Engineer Dennis Selle, City Attorney Michael J. Reynolds, Planning and Community Development Director Paul Krauss, Assistant Planning Director Lynn Rued, Senior Planner AI HIcks, Police Commander Bob Karnofski, and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements The following proclamations were added as agenda modifications. a) Proclamations (1) Senior Center Week Mayor Booth to present a proclamation declaring May 10 through 16, 1998 as "Senior Center Week" in the city of Auburn. Page 1 City of Auburn Council Meetin¢l Minutes May 4, 1998 Mayor Booth read and presented a proclamation declaring May 10 through 16, 1998 as "Senior Center Week" in the city of Auburn to Senior Center Recreational Specialist Radine Lozier and Councilmember Gene Cerino. Ms. Lozier introduced the Senior Center Wellness Team comprised of Janet Saar, Fran Cerino, Booth Edmonton, Gertie Chase, and Councilmember Gene Cerino. (2) National Correctional Officers Week Mayor Booth to present a proclamation declaring May 3 through 9, 1998 as "National Correctional Officers Week" in the city of Auburn. Mayor Booth read and presented a proclamation declaring May 3 through 9, 1998 as "National Correctional Officers Week" in the city of Auburn to Commander Bob Karnofski. 2. Appointments There were no appointments for City Council consideration. D. Agenda Modifications Mayor Booth announced the following agenda modifications: a proclamation declaring May 10 through 16, 1998 as "Senior Center Week" recorded under Item I.C.l.a.(1) of these minutes; a proclamation declaring May 3 through 9, 198 as "National Correctional Officers Week" recorded under Item I.C.l.a.(2) of these minutes, the text of Ordinance No. 5092 transmitted under Item VII.A.6 of these minutes, the addition of Ordinance No. 5096 transmitted as Item VII.A. 10 of these minutes, and the addition of Resolution No. 2958 transmitted as Item VII.B.20 of these minutes. Page 2 City of Auburn Council Meeting Minutes May 4, 1998 II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearinas 1. Comprehensive Plan Amendments 03.4.3 City Council to accept public comments on amendments to the Comprehensive Plan text and map pertaining to the Lakeland Hills development located in Pierce County to reflect current land use approval granted by Pierce County. Planning and Community Development Director Paul Krauss presented the staff report for the hearings on the Comprehensive Plan Amendments; the Planned Unit Development (PUD) Ordinance; proposed amendments to Chapter 17.08 ACC, Improvement Methods; and proposed amendments to Auburn City Code Title 17, specifically Sections 17.10.070 and 17.10.080, regarding model homes and bonding. Lakeland Hills is a planned development located in Auburn and progressing south into Pierce County. A large portion of the Lakeland development located in Pierce County is being annexed to the city of Auburn. The annexation should be completed by May 15, 1998. The Lakeland project has changed since the City and Lakeland first entered into a preannexation agreement two years ago. The number of single-family detached homes has been decreased while the number of moderate density detached and attached dwellings has been increased. However, the gross density of Lakeland Hills remains the same at five units per acre, and the development cap remains the same at 3,408 dwelling units. Mr. Krauss explained the proposed Comprehensive Plan amendment. The proposal calls for amending the Plan to allow fewer detached single family homes and provide for an increase in a variety of medium density housing types. Also, the location of a city park has been shifted south, the outline of the commercial area has changed slightly, and the overall density of the high-density areas has been decreased. Page 3 City of Auburn Council Meetin,cl Minutes May 4, 1998 Mr. Krauss pointed out an error in the proposed text amendment. The permitted density range for High Density Residential should read "12-19 units per acre." Mr. Krauss spoke regarding the proposed Planned Unit Development (PUD) ordinance for the Lakeland Hills South Special Planning Area. The ordinance establishes an official Lakeland Plan which will be appended to the PUD ordinance. The PUD ordinance breaks up the Lakeland Hills area into several planning areas. Each planning area contains uses that are regulated by the Comprehensive Plan. The planning areas establish densities, maximum number of units, and location of parks and major roadways. The PUD ordinance also provides for a process to amend the PUD. The ordinance defines amendments into two categories: major amendments and minor amendmentS. Minor amendments include changes to density and boundaries of the planning areas of less than 10% and are processed administratively. Major amendments include changes to the density and changes to the boundaries of the planning areas that exceed 10%. Major amendments are processed through the Hearing Examiner and City Council. Mr. Krauss pointed out that staff and the developer have been unable to complete the landscaping and signage standards prior to this evening's meeting. Mr. Krauss proposed language in the ordinance which would require the developer to develop a Master Sign Plan and Master Landscaping Plan within 120 days. Mr. Krauss distributed copies of the proposed language for landscaping standards. Mr. Krauss also spoke regarding proposed amendments to the subdivision code. The proposed amendments will apply city-wide. The proposed amendment to ACC 17.08 allows the bonding of improvements for the final plat. Staff is recommending that the bond amount be set at 150% of the cost of the improvements. The final proposed amendment to the subdivision code relates to model homes. The amendment will allow the development of additional model homes over the one per plat that is currently allowed. The amendment provides up to four model homes for plats of 20 lots or more. Page 4 City of Auburn Council Meeting Minutes May 4, t998 In response to a question from Councilmember Wagner, Mr. Krauss explained the motivation for the developer to complete the landscaping and signage standards within 120 days. Mayor Booth opened hearings on the Comprehensive Plan Amendments; the Planned Unit Development (PUD) Ordinance; proposed amendments to Chapter 17.08 ACC, Improvement Methods; and proposed amendments to Auburn City Code Title 17, specifically Sections 17.10.070 and 17.10,080, regarding model homes and bonding. Jim Weese, 1402 22nd Street NE, Auburn, WA Mr. Weese identified himself as the President of the Lakeland Adult Village Association. He spoke in favor of an adult village in Lakeland Hills and urged the City Council to approve the items on the Council's agenda related to the Lakeland development. Nancy Colson, 1214 "O" Street NE, Auburn, WA Ms. Colson identified herself as a real estate broker for many years. She spoke regarding the need for different housing options in Auburn. She spoke in favor of the housing options that will be available in Lakeland. She also spoke in favor of the code amendment to allow multiple model homes. Frank Mansell, 5501 Evergreen Loop SE, Auburn, WA Mr. Mansell advised that he is a resident of the Woodvue subdivision of Lakeland. Mr. Mansell spoke regarding his neighborhood and his participation in the Lakeland Homeowners Association. Steve Sheehy, 5004 43rd Avenue South, Seattle, WA Mr. Sheehy spoke on behalf of The Lakeland Company. He conveyed The Lakeland Company's appreciation for the time and efforts of the City Council and staff regarding the Lakeland Hills South development. He indicated The Lakeland Company's concurrence with the staff recommendation for the Comprehensive Plan amendments. He recommended a change in the amendment to the code Page 5 City of Auburn Council Meetinq Minutes May 4, 1998 regarding model homes. He requested the Council delete paragraph D.7 of Section 17.10.070 regarding financial security to ensure conversion of a model home office to a single family use. He also requested that the Council reduce the bond requirement from 150% to 125% of the estimated cost of improvements as approved by the City Engineer. Mr. Sheehy conveyed The Lakeland Company's general support for the proposed PUD ordinance, and called upon other Lakeland Company representatives to make technical remarks with regard to the ordinance. Kent Stepan, 2223 112th Avenue NE, Bellevue, WA, 98004 Mr. Stepan spoke on behalf of The Lakeland Company. He referred to pages 16 and 17 of the proposed PUD ordinance which lists seven conditions for commercial development. He presented an exhibit which shows a proposed schematic plan view of development for the 15-acre commercial site located at Lake Tapps Parkway and Lakeland Hills Way and also an elevation view of the commercial site. Alison Moss, Bogle & Gates, Tacoma Financial Center, 1145 Broadway Plaza, Suite 1360, Tacoma, WA, 98402 Ms. Moss spoke on behalf of The Lakeland Company. She requested that Section 18.XX.030(I), page 6, last sentence should read in part: "as adopted by City Council Ordinancc Resolution No. 2955. She also requested the insertion of "D" after the word "Exhibit" in the first sentence of Section 18.×X.077(C), page 18. She presented copies of Exhibit "D". She also stipulated that if a conflict between the conditions of the PUD approval and the settlement agreement occurs, the settlement agreement prevails. Steve Sheehy In response to Councilmember Wagner's earlier question, Mr. Sheehy advised that all of the Lakeland property in Auburn and Pierce County would be under one master homeowners' association. Chuck Henderson, 2223 112th Avenue NE, Bellevue, WA Mr. Henderson identified himself as Chairman of The Lakeland Company. Mr. Henderson responsed to a question from Councilmember Wagner with regard to the Page 6 City of Auburn Council Meetinq Minutes May 4, t998 homowners' association and private street maintenance. Mr. Henderson explained that the homeowners' association budget is detailed enough to identify the differences between the common expenses shared by the association members and expenses related to specific projects. Councilmember Poe requested clarification of the model home ordinance. He questioned whether "single family dwellings" refers to detached, attached or condominium units. Planning and Community Development Director Krauss indicated detached is implied. Assistant Planning Director Rued explained that under the building code, a condominium has the ability to provide a model unit. Alison Moss Ms. Moss indicated there may be a need for model homes for attached single family dwellings. She understood the model home ordinance would allow model homes for attached single family dwellings. Councilmember Poe expressed concern with limiting the number of model homes for plats of 20 lots or less. Mr. Henderson indicated his agreement with the provision as presented. Councilmember Poe spoke against the limitation on the number of model homes for plats of 20 lots or less. He noted that the ordinance will apply city-wide, and not only to Lakeland. Assistant Planning Director Rued recalled the discussions in the Planning and Community Development Committee meeting with regard to model homes. City Attorney Michael Reynolds commended staff for their efforts with regard to the Lakeland issues this evening. He noted that some of the items contained in the individual ordinances before the Council this evening were part of the settlement agreement between the City and Lakeland, identified as the First Amendment to the Lakeland Annexation and Utilities Agreement. Those items have been separated from the settlement agreement for legal purposes Page 7 City of Auburn Council Meetina Minutes May 4, 1998 and city-wide goals and objectives. Mr. Reynolds identified the items under debate between the parties. One of the items in dispute is the percentage amount for the performance bond. Mr. Reynolds reported that the City's bond counsel concurs with staff's recommendation for a performance bond or security in the amount of 150 percent of the cost of improvements. Chuck Henderson Mr. Henderson conveyed his appreciation to the City staff for their efforts and consideration. Mr. Henderson advised that he anticipates making recommendations to the City with regard to the City's clearing and grading ordinance sometime in the future. Councilmember Singer moved and Councilmember Lewis seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 6-0. Councilmember Wagner inquired regarding Section 18.XX.110(B) on page 27 of the PUD ordinance. He suggested deleting the paragraph. Assistant Planning Director Rued explained that deviations from the subdivision code must be processed as a modification. After further discussion, Councilmember Wagner suggested striking the word "street" from the paragraph. Councilmember Poe pointed out that the City has had a bonding requirement for several years in the amount of 100 percent. He expressed concern with increasing the bonding amount to 150%. He indicated that when the ordinance is under consideration, he will move to amend the ordinance to reduce the bonding requirement to 125%, to strike the word "City's" from paragraph A.1 of Section 17.08.010 and to strike the words "in the City of Auburn" from the second sentence of paragraph A of Section 17.08.010. Councilmember Poe also suggested an amendment to the ordinance regarding model homes to change paragraph D.2 of Section 17.10.070 to provide "Up to two (2) model homes may be allowed for preliminary plats up to 20 lots." Page 8 City of Auburn Council Meetin.a Minutes May 4, t998 Councilmember Poe agreed with Mr. Sheehy's comments regarding the deletion of paragraph D.7 regarding model homes. Planning and Community Development Director Krauss agreed with the proposal to delete paragraph D.7 regarding model homes. Councilmember Poe inquired regarding the definition of model home. Assistant Planning Director Rued referred to paragraph D.1 of proposed Section 17.10.070, which refers to the definition of a model home and describes its purpose. Chuck Henderson Mr. Henderson acknowledged the ordinances as proposed. Please refer to Item VII. A.5 for further action on this item. 2. Planned Unit Development (PUD) Ordinance City Council to accept public comments on the Planned Unit Development (PUD) Ordinance and establishment of PUD zoning on the property intended to regulate the Lakeland project in Pierce County. Please see Item II.A.1 of these minutes for the public healing on the Planned Unit Development (PUD) Ordinance. Please refer to Item VILA. 6 for further action on this item. 3. Proposed Amendments to Chapter 17.08 ACC, Improvement Methods City Council to accept public comments on proposed amendments to Chapter 17.08 ACC, Improvement Methods, regarding bonding. Please see Item II.A. 1 of these minutes for the public hearing on the proposed amendments to Chapter 17.08 ACC, Improvement Methods. P/ease refer to Item VII. A. 7 for further action on this item. Page 9 City of Auburn Council Meetin~l Minutes May 4, 1998 4. Proposed Amendments to Auburn City Code Title 17, Specifically Sections 17.10.070 and 17.10,080, Regarding Model Homes and Bonding City Council to accept public comments on proposed amendments to Auburn City Code Title 17, specifically Section 17.10,070 and 17.10.080, regarding model homes and bonding. Please see Item II.A. 1 of these minutes for the public hearfng on the proposed amendments to Auburn City Code Title 17, Specifically Sections 17.10.070 and 17.10.080, regarding model homes and bonding. Please refer to Item VII. A.8 for further action on this item. 5. Interlocal Agreement and Fee Schedule Relating to School Impact Fees F4.3 City Council to accept public comments regarding the impact fee formula and fee schedule for the Dieringer School District. Assistant Planning Director Rued presented the staff report for the Interlocal Agreement and Fee Schedule relating to school impact fees. He recalled that City Council recently adopted an ordinance for school impact fees. The ordinance established the framework to adopt fee schedules and enter into interlocal agreements with individual school 'districts. A fee schedule and interlocal agreement are proposed for the Dieringer School District. The fee schedule is based upon Pierce County's adopted fee schedule. City Attorney Reynolds advised that City staff have been working with Mary Urbach, who represents the Dieringer School District, on the Interlocal Agreement regarding the impact fee formula and fee schedule. He suggested the following modification to the second sentence of paragraph 10, Indemnification, located on page 3 of the Agreement as follows: "District agrees to indemnity and hold City harmless in defense of impact fee ordinance to extent of Page 10 City of Auburn Council Meetin.Q Minutes May 4, 1998 challenges to the ordinance constitutionality or a challenge to the underlying District required plans or policies including but not limited to the District Capital Facilities Plan, except any procedural due process challenges or challenges to the adopting process of the impact fee ordinance or amendments thereto." City Attorney Reynolds explained that in the event the entire underlying constitutionality is challenged by someone, the School District will take on the defense. However, if the City makes a procedural error in adopting it, the City would have to defend. Mayor Booth opened the public hearing. Mary Urbach, 12417 12th Street East, Puyallup, WA Mary Urbach identified herself as a representative of the Dieringer School District. She reported that Dieringer School District accepts the impact fee formula and schedule that will be adopted by Ordinance No. 5096. She also conveyed the District's approval of the Interlocal Agreement with the change to the Agreement proposed by City Attorney Reynolds. In response to a question from Councilmember Wagner, Ms. Urbach advised that the District would not hold the City harmless from any procedural errors that may have occurred with the adoption of the ordinance or any amendments which may occur in the future. She also advised that there is a process outlined in the ordinance for challenging the fees. Councilmember Singer moved and Councilmember Lewis seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 6-0. B. Audience Participation There were no requests from the audience for recognition. C. Correspondence No correspondence was received for Council review. Page 11 City of Auburn Council Meetinn Minutes May 4, 1998 III. COUNCIL COMMITTEE REPORTS A3.7.e a. Municipal Services Chair Poe reported the Municipal Services Committee met this afternoon. The Committee reviewed and recommended approval of Resolution No. 2938 and Resolution No. 2956. The Committee discussed the Goedecke North property negotiations and hiring a roofing consultant for airport hangars. The next regular meeting of the Municipal Services Committee is scheduled for Monday, May 18, 1998 at 5:00 p.m. B. Planning & Community Development In the absence of Chair Borden, Vice Chair Singer reported the Planning and Community Development Committee met April 27, 1998. The Committee discussed school impact fees and a water and sewer certificate. The Committee also reviewed and recommended approval of several resolutions for human services financial support. The next regular meeting of the Planning and Community Development Committee is scheduled for Monday, May 11, 1998 at 7:30 p.m. C. Public Works Chair Wagner reported the Public Works Committee met on April 27, 1998. The Committee recommended Council approval of several items which appear on this evening's agenda. The Committee also discussed the Water Rate Study and the Coal Creek Springs Water Study. The next regular meeting of the Public Works Committee is scheduled for Monday, May 11, 1998 at 4:30 p.m. D. Finance Chair Barber reported the Finance Committee met this evening at 6:30 p.m. The Committee discussed and recommended approval of ordinances and resolutions as they appear later on this evening's agenda. The Committee also discussed tax discovery audit services and reviewed claims and payroll vouchers. The next regular meeting of the Finance Committee is scheduled for Monday, May 18, 1998 at 6:30 p.m. Page 12 City of Auburn Council Meetin~l Minutes May 4, 1998 IV. CONSENT AGENDA A. Minutes 1. Minutes of the April 20, 1998 regular City Council meeting. B. Vouchers F4.9.2,F4.9.5 1. Claims Claims check numbers 131870 through 132211 in the amount of $548,463.34 for Period 17 and dated May 4, 1998. 2. Payroll Payroll check numbers 245659 to 245890 in the amount of $577,391.98 and electronic deposit transmissions in the amount of $473,654.18 for a grand total of $1,051,046.16 for the pay period covering April 15, 1998 to April 28, 1998. C. Contract Administration 1. Public Works Project Number PR 620 O4.11.1 City Council to award Public Works Contract No. 98-17, Lea Hill Reservoir Protective Coating and Exterior Repainting, to S & K Painting, Inc. on their low bid of $186,405.00 plus Washington state sales tax. 2. Public Works Project Number PR 615 O4.11.1 City Council to grant permission to advertise for Public Works Project Number PR 615, Green River Crossing. 3. Public Works Project Number PR 617 O4.9.1 PR 617 City Council to grant permission to advertise for Public Works Project Number PR 617, Oravetz Road Restoration. Councilmember Barber moved and Councilmember Wagner seconded to approve the consent agenda. Page 13 City of Auburn Council Meetin~l Minutes May 4, 1998 MOTION CARRIED UNANIMOUSLY. 6-0. V. UNFINISHED BUSINESS There were no items for Council review under this section. Mayor Booth recessed the meeting to executive session at 9:01 p.m. for approximately 20 minutes in order to discuss potential litigation. Mayor Booth reconvened the meeting at 9:19 p.m. VI. NEW BUSINESS A. First Amendment to Lakeland Annexation and Utilities Agreement O3.1, A3.13.20 City Council consideration on the First Amendment to Lakeland Annexation and Utilities Agreement between the City of Auburn and The Lakeland Company, Inc. Councilmember Wagner disclosed that he had two conversations with Mr. Chuck Henderson within the last six months. His conversations did not reveal anything that is not already part of the public record. Councilmember Wagner indicated that his conversations with Mr. Henderson will not compromise his ability to make a fair decision with regard to the First Amendment to Lakeland Annexation and Utilities Agreement and other matters relating to Lakeland. Councilmember Lewis disclosed that he had a number of conversations with representatives of Henderson Homes and The Lakeland Company over the past five years as part of his involvement with the Chamber of Commerce. He indicated that the conversations will not hinder his ability to fairly consider the First Amendment to Lakeland Annexation and Utilities Agreement. Councilmember Cerino disclosed he had conversations with Mr. Chuck Henderson and The Lakeland Company representatives. He indicated that his conversations will not affect his vote this evening. Councilmember Singer disclosed that she had two conversations with Mr. Chuck Henderson regarding Lakeland Hills. She indicated Page 14 City of Auburn Council Meetin¢l Minutes May 4, 1998 that her discussions with Mr. Henderson will not affect her ability to vote impartially this evening. Councilmember Poe disclosed that he had conversations with Mr. Chuck Henderson. He indicated the conversations were informative and will not affect his vote this evening. Councilmember Singer moved to approve the First Amendment to Lakeland Annexation and Utilities Agreement. Councilmember Lewis seconded the motion. MOTION CARRIED UNANIMOUSLY. 6-0. Please refer to Item VII. B. 18 for further action on this item. B. Application No. ANX0002-98 O3.1 City Council consideration on the request for annexation of Lakeland, Phase II property located in Pierce County. Councilmember Singer moved and Councilmember Lewis seconded to authorize the Planning Department to prepare an annexation petition for Phase II of Lakeland property located in Pierce County. MOTION CARRIED UNANIMOUSLY. 6-0. C. Development Agreement A3.13.8 WSC0001-98 City Council to consider the request of D & E Investments LLC for the issuance of water and sewer availability certificates for property located at 51st Avenue South and South 321st Street. Councilmember Singer moved and Councilmember Lewis seconded to approve the Development Agreement which will enable the issuance of a sewer availability certificate to the applicant. Assistant Planning Director Rued confirmed that the property is outside the city and is not contiguous to city limits. MOTION CARRIED UNANIMOUSLY. 6-0. Page 15 City of Auburn Council Meetinq Minutes May 4, t998 Please refer to Item VII. A.9 for further action on this item. D. Application No. REZ0005-97 03.8 REZ0005-97 City Council to consider the request of Judith C. Cole for rezone of 0.25 acres from the existing R-2, Single Family, to RO, Residential Office, on property located at 300 "M" Street NE. Councilmember Singer moved and Councilmember Lewis seconded to approve rezone based upon the Hearing Examiner's findings of facts, conclusions and conditions; and instruct the City Attorney to prepare the necessary ordinance. MOTION CARRIED UNANIMOUSLY. 6-0. VII, ORDINANCES AND RESOLUTIONS A. O~inances 1. Ordinance No. 5063 F4.9.6 An Ordinance of the City Council of the City of Auburn, Washington, adding a new Chapter 3.30 entitled "Use of Collection Agencies" to the Auburn City Code which provides collection agency use procedures and a reasonable fee to be added to any outstanding debt for the collection agency fee incurred or to be incurred. Councilmember Barber moved and Councilmember Wagner seconded to introduce and adopt Ordinance No. 5063. MOTION CARRIED UNANIMOUSLY. 6-0. 2. Ordinance No. 5087 F4.1 An Ordinance of the City Council of the City of Auburn, Washington, amending the Auburn City Code Section 2.54.130 relating to travel expense advances, to provide for the provision to assure repayment. Page 16 City of Auburn Council Meetin,q Minutes May 4, t998 Councilmember Barber moved and Councilmember Wagner seconded to introduce and adopt Ordinance No. 5087. MOTION CARRIED UNANIMOUSLY. 6-0. 3. Ordinance No. 5089 O3.1 An Ordinance of the City of Auburn, Washington, annexing to the city a 280 acre parcel of land located in Pierce County and adjacent to the Lakeland Hills North Project in King County. Councilmember Singer moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5089. MOTION CARRIED UNANIMOUSLY. 6-0. 4. Ordinance No. 5090 O3.10.1 An Ordinance of the City of Auburn, Washington, amending Ordinance No. 4689 that provided a conditional use permit to construct and operate a thoroughbred horse racing facility, to amend Section 2, Subsection 22 to allow a one- time national motorcycle-racing event to be held in 1998 at the Emerald Downs Track. Councilmember Singer moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5090. MOTION CARRIED UNANIMOUSLY. 6-0. 5. Ordinance No. 5091 03.4.3 An Ordinance of the City Council of the City of Auburn, Washington, relating to planning; adopting Emergency Comprehensive Plan Map and Text Amendment pursuant to the provisions of R.C.W. Chapters 36.70A and 35A.63 of the Laws of the State of Washington; designating these amendments as guidelines for exercising the City's authority under the Washington State Environmental Policy Act (SEPA); directing that this ordinance and the Comprehensive Plan Amendments it adopts and approves Page 17 City of Auburn Council Meetincl Minutes May 4, 1998 be filed with the Auburn City Clerk and be available for public inspection. Councilmember Singer moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5091 with an amendment to the text to change the permitted density range for High Density Residential from 12-24 units per acre to 12-19 units per acre. MOTION CARRIED UNANIMOUSLY. 6-0. 6. Ordinance No. 5092 An Ordinance of the City Council of the City of Auburn, Washington, adding a new chapter to Auburn City Code Title 18, entitled "Planned Unit Development District (PUD) - Lakeland Hills South." Councilmember Singer moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5092 with the following amendments: The addition of Section 18.XX.075 - Landscaping and Screening Requirements which reads as follows: "A. Within 120 days of the effective date of this ordinance, a Master Landscape Plan shall be submitted to the City Planning Director for review and approval. The Master Landscape Plan shall designate the scope of the Plan, plant material references, types of landscaping including screens and buffers, and regulations by Planning Area. B. The purpose and goal of the Master Landscape Plan is to achieve a harmonious and consistent appearance within the PUD area, including that of a well-planned residential area and a theme that carries into the non-residential areas. Consideration of transitional areas and boundaries between different uses will be important. The City of Auburn Landscape Code shall be used as a Page 18 City of Auburn Council Meetinq Minutes May 4, 1998 guideline in the development of the Plan, although ACC 18.50.060(L) shall not apply. C. Until the Master Landscape Plan in paragraph A above is approved by the City Planning Director, the City of Auburn Landscape Code (excluding ACC18.50.060(L)) shall apply to new Development Application submitted to the City. The City Planning Director may approve variances from the Code for specific submittals." Section 18.XX. 110(B), page 27: Remove the word "street" from the first sentence. Section 18.XX.077(C), page 18: Insert "D" after the word Exhibit in the first sentence. Section 18.XX.030(I), page 6: Last sentence of the paragraph should read: Open space for the Lakeland Hills South Special Area Plan is shown on the Official Lakeland Plan Map and shall be provided in accordance with the First Amendment to Lakeland Annexation and Utilities Agreement as adopted by City Council Ordinanoo Resolution No. 2955. MOTION CARRIED UNANIMOUSLY. 6-0. 7. Ordinance No. 5093 03.4.2.6 An Ordinance of the City Council of the City of Auburn, Washington, amending Auburn City Code Chapter 17.08 entitled "Improvement Methods", of the Land Division Ordinance pertaining to the bonding of plat improvements. Councilmember Singer moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5093. Councilmember Poe proposed the following amendments: Page 19 City of Auburn Council Meetin.el Minutes May 4, t998 Section 17.08.010(A), line 7, strike the words "in the City of Auburn"; Section 17.08.010(A)(1 ), change "150" to "125" Section 17.08.010(A)(1 ), first sentence, strike the word "City's" Councilmember Wagner expressed concern with reducing the amount of the bond from 150 percent to 125 percent in light of the evidence from other cities and the suggestion of the City's bond counsel. Councilmember Wagner indicated he would support the amendments proposed by Councilmember Poe with the exception of the reduced amount for the performance bond. Councilmember Poe proposed the bonding requirement is an excessive increase over the City's current bonding requirement of 100 percent. He pointed out that the City will have the ability to approve the amount bonded. Councilmember Lewis agreed that a performance bond is difficult to obtain. He indicated a performance bond in the amount of 125 percent of an amount approved by the City Engineer is adequate. City Engineer Dowdy explained that in a default situation, the City would execute on bonding company to complete the improvements or the bonding company could defer to the City to complete the project. City Engineer Dowdy indicated the amendments proposed by Councilmember Poe would be acceptable so long as it is understood that the City's markups will be included. Finance Director Supler reported that in the City's bonding counsel's recent experience, there was one case where a developer defaulted and the City was able to obtain 100 percent of the bond. In all other cases familiar to the bonding counsel, the cities received less than 75 percent of the bond value. Mayor Booth recapped the modifications to the ordinance proposed by Councilmember Poe and called for the vote on Page 20 City of Auburn Council Meetin~l Minutes May 4, 1998 the introduction and adoption of Ordinance No. 5093 as amended. MOTION CARRIED UNANIMOUSLY. 6-0. 8. Ordinance No. 5094 03.4.2.6 An Ordinance of the City Council of the City of Auburn, Washington, amending Auburn City Code Chapter 17.10 entitled "Final Plats", Section 17.10.070 entitled "Build ing and Occupancy Permits" and Section 17.10.080 entitled "Release of Improvement Guarantee" pertaining to the Land Division Ordinance to allow for the construction of model homes and bonding of plat improvements. Councilmember Singer moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5094 with the following amendments: Section 17.10.070(D)(2), first sentence shall read: "Up to two (2) model homes may be allowed for preliminary plats up to 20 lots." Delete paragraph D.7 of Section 17.10.070. MOTION CARRIED UNANIMOUSLY. 6-0. 9. Ordinance No. 5095 A3.13.8 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn to execute a Development Agreement between the City and D & E Investments. Councilmember Singer moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5095. MOTION CARRIED UNANIMOUSLY. 6-0. Page 21 City of Auburn Council Meetin~l Minutes May 4, t998 10. Ordinance No. 5096 An Ordinance of the City Council of the City of Auburn, Washington, creating a new Section 19.02.110 of the Auburn City Code entitled "Impact Fee Formula and Schedule" for the Dieringer School District, setting out the method for calculation of school impact fees and establishing a schedule of such fees for the Dieringer School District. Councilmember Singer moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5096. MOTION CARRIED UNANIMOUSLY. 6-0. B. Resolutions 1. Resolution No. 2938 O4.1.3.3 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Cable Television Consultant Services Agreement between the City and 3-H Cable Communications Consultants for 1998. Councilmember Poe moved and Councilmember Cerino seconded to adopt Resolution No. 2938. MOTION CARRIED UNANIMOUSLY. 6-0. 2. Resolution No. 2939 O3.11.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an agreement with Auburn Youth Resources for support services for youth and families in the Auburn community for 1998. Councilmember Singer moved and Councilmember Lewis seconded to adopt Resolution No. 2939. MOTION CARRIED UNANIMOUSLY. 6-0. Page 22 City of Auburn Council Meetin.cl Minutes May 4, t998 3. Resolution No. 2940 O3.11.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Agreement for Services with the Auburn Christian Action Program Day Care (known as "ACAP Day Care") to provide child care to Auburn residents during 1998. Councilmember Lewis moved and Councilmember Singer seconded to adopt Resolution No. 2940. MOTION CARRIED UNANIMOUSLY. 6-0. 4. Resolution No. 2941 03.11.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Agreement for Services with the Auburn Food Bank to purchase and provide food to Auburn residents during 1998. Councilmember Singer moved and Councilmember Lewis seconded to adopt Resolution No. 2941. MOTION CARRIED UNANIMOUSLY. 6-0. 5. Resolution No. 2942 O3.11.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Agreement for Services with the Auburn Christian Action Program Day Care (known as "ACAP Day Care") to provide parenting classes for Auburn residents during 1998. Councilmember Lewis moved and Councilmember Singer seconded to adopt Resolution No. 2942. MOTION CARRIED UNANIMOUSLY. 6-0. Page 23 City of Auburn Council Meetin~l Minutes May 4, t998 6. Resolution No. 2943 03.11.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Agreement for Services with Community Health Centers of South King County to provide health services to Auburn residents during 1998. Councilmember Lewis moved and Councilmember Singer seconded to adopt Resolution No. 2943. MOTION CARRIED UNANIMOUSLY. 6-0. 7. Resolution No. 2944 O3.11.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an agreement with Children's Home Society to provide child care services through the Families First Program for 1998. Councilmember Singer moved and Councilmember Lewis seconded to adopt Resolution No. 2944. MOTION CARRIED UNANIMOUSLY. 6-0. 8. Resolution No. 2945 03.11.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn, to execute a 1998 Contract for Services between the City of Auburn and Domestic Abuse Women's Network (DAWN). Councilmember Lewis moved and Councilmember Singer seconded to adopt Resolution No. 2945. MOTION CARRIED UNANIMOUSLY. 6-0. Page 24 City of Auburn Council Meetin,q Minutes May 4, 1998 9. Resolution No. 2946 O3.11.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn, to execute a contract between the City of Auburn and Domestic Abuse Women's Network (DAWN) relating to funds received from a portion of the Criminal Justice two percent sales tax revenues received by the City pursuant to RCW 82.14.340 to provide domestic violence community advocacy services for 1998. Councilmember Singer moved and Councilmember Lewis seconded to adopt Resolution No. 2946. MOTION CARRIED UNANIMOUSLY. 6-0. 10. Resolution No. 2947 03.11.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn, to execute an agreement with King County Sexual Assault Resource Center to provide counseling services to rape and other sexual assault victims within the Auburn area during 1998. Councilmember Lewis moved and Councilmember Singer seconded to adopt Resolution No. 2947. MOTION CARRIED UNANIMOUSLY. 6-0. 11. Resolution No. 2948 O3.11.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an agreement with Valley Cities Counseling and Consultation to provide mental health services for Auburn residents during 1998. Councilmember Singer moved and Councilmember Lewis seconded to adopt Resolution No. 2948. Page 25 City of Auburn Council Meeting Minutes May 4, 1998 MOTION CARRIED UNANIMOUSLY. 6-0. 12. Resolution No. 2949 03.11.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Agreement for Services with Washington Women's Employment and Education to provide employment training services to Auburn residents participating in the Auburn Healthy Families Program during 1998. Councilmember Lewis moved and Councilmember Singer seconded to adopt Resolution No. 2949. MOTION CARRIED UNANIMOUSLY. 6-0. 13. Resolution No. 2950 A1.3 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute the 1998 Service Agreement between the City of Auburn and the Economic Development Council of Seattle and King County. Councilmember Poe moved and Councilmember Wagner seconded to adopt Resolution No. 2950. Councilmember Singer moved and Councilmember Lewis seconded to table Resolution No. 2950 pending clarification of whether the resolution was recommended for approval by the Planning and Community Development Committee. MOTION CARRIED UNANIMOUSLY. 6-0. 14. Resolution No. 2951 03.11.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute the 1998 Agreement for Services between the City of Auburn and the Auburn Respite Program. Councilmember Singer moved and Councilmember Lewis seconded to adopt Resolution No. 2951. Page 26 City of Auburn Council Meeting Minutes May 4, 1998 MOTION CARRIED UNANIMOUSLY. 6-0. 15. Resolution No. 2952 F4.1.1 A Resolution of the City Council of the City of Auburn, Washington, approving the new travel authorization and reimbursement policy for business-related travel expenses. Councilmember Barber moved and Councilmember Wagner seconded to adopt Resolution No. 2952. MOTION CARRIED UNANIMOUSLY. 6-0. 16. Resolution No. 2953 04.8, 04.5.5 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Pipe Line License Agreement between the Union Pacific Railway Company (UPRR) and the City of Auburn for the City to construct and maintain one thirty-six inch storm water drainage pipeline under the UPRR railroad tracks at 2nd Street between 2nd and "H" Street NW and the Interurban ditch. Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution No. 2953. MOTION CARRIED UNANIMOUSLY. 6-0. 17. Resolution No. 2954 O4.11 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute an Emergency Water Supply Agreement between Lakehaven Utility District and the City of Auburn for the Lakehaven/Auburn Intertie No. 2 Project. Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution No. 2954. MOTION CARRIED UNANIMOUSLY. 6-0. Page 27 City of Auburn Council Meeting Minutes May 4, 1998 18. Resolution No. 2955 A3.13.20 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute First Amendment to Lakeland Annexation and Utilities Agreement between the City and The Lakeland Company, Inc. Councilmember Singer moved and Councilmember Lewis seconded to adopt Resolution No. 2955. Councilmember Wagner commended Mayor Booth for his leadership in bringing this matter to closure. City Engineer Dowdy presented two proposed amendments to the First Amendment to Lakeland Annexation and Utilities Agreement relating to wells and sanitary and storm sewer. Mr. Dowdy indicated that the proposed amendment on the sanitary and storm sewer is agreeable to The Lakeland Company while a dispute exists regarding the wells. Mr. Kent Stepan, The Lakeland Company Mr. Stepan reported that The Lakeland Company reviewed the proposed amendments with regard to sanitary and storm sewer and agrees with the conditions. Mr. Stepan pointed out provisions in the agreement important to The Lakeland Company. These include: the City will take all storm water from within the Mill Pond drainage basin, The Lakeland Company needs to provide more information to Public Works outside the Mill Pond basin in the storm drainage plan, The Lakeland Company will provide more sewer information, there are minor changes to the sewer master plan that was previously prepared for the area, The Lakeland Company can connect to the City's sewer system, and the City needs to expand its service area boundaries to the south. He urged the Council to move forward with expansion of the sewer service area to coincide with Comprehensive Plan change dates each fall. City Engineer Dennis Dowdy expressed concern with the language of paragraph 14, Water, of the First Amendment to Page 28 City of Auburn Council Meeting Minutes May 4, 1998 Annexation and Utilities Agreement, specifically related to the value of the wells. City Engineer Dowdy advised that the City would not utilize the well shafts as production wells. The Lakeland Company has valued the wells based on the City utilizing them as production wells. He also noted there is no water right attached to the wells. In the future, the City could apply for supplemental rights. Testing of the wells revealed that the wells have no production value; however, the City would like to utilize them as test wells. An independent estimate of the cost of drilling a test well is $30,000. City Engineer Dowdy recommended amended language for paragraph 14, Water, which provides for payment for the fair market value of the property and a value of $30,000 for the wells. Steve Sheehy, The Lakeland Company Mr. Sheehy acknowledged that a final resolution to all of the water issues would not be reached by this evening. He proposed that the best way to solve the issue at this time is to agree to a process for resolving the issue. He pointed out that paragraph 14 of the agreement includes a maximum amount of $370,000; however, the final price could be lower. He requested the Council approve the language that exists in the proposed agreement. He acknowledged that the wells do not have a production value to the City. City Engineer Dowdy stressed that the wells are not remarkably valuable to the City. He agreed to negotiate with The Lakeland Company for a fair price for the wells. Councilmember Poe and Councilmember Wagner suggested an amendment to the first sentence in the last paragraph of paragraph 14, Water, so that it reads: As consideration for TLC's conveyance of the water wells and the real property described in Exhibit 3, the CITY agrees to pay TLC the appraised value for the land and a mutually agreeable fair market value for the wells up to a maximum of $370,000, adjusted at 10% per annum until closing of the conveyance. Page 29 City of Auburn Council Meetin;I Minutes May 4, t998 Councilmember Singer and Councilmember Lewis agreed to the amendment proposed by Councilmembers Poe and Wagner and the amendments to paragraph 12, Storm Water, and paragraph 13, Sanitary Sewer. Mr. Sheehy indicated agreement with the proposed amendments. Mr. Sheehy requested the addition of a new paragraph 17, Pending Applications in Pierce County, and presented copies to the Council. Mr. Sheehy explained that The Lakeland Company has a number of applications in process with Pierce County. The purpose of paragraph 17 is to ensure the City's acknowledgment of the applications in process in Pierce County and their final determination by Pierce County. In response to a question from Councilmember Wagner, Mr. Sheehy advised that the applications identified on proposed paragraph 17 related to Divisions 1, 2, and 3. The total number of housing units for all three divisions is 576 units. Planning and Community Development Director Krauss advised that staff reviewed The Lakeland Company's proposed paragraph 17 and the Lakeland project list dated May 4, 1998 and recommends the Council's acceptance. MOTION TO ADOPT RESOLUTION NO. 2955 WITH AMENDMENTS TO PARAGRAPH 14, WATER, PARAGRAPH 12, STORM WATER, PARAGRAPH 13, SANITARY SEWER, AND THE ADDITION OF PARAGRAPH 17, PENDING APPLICATIONS IN PIERCE COUNTY CARRIED UNANIMOUSLY. 6-0. 19. Resolution No. 2956 A3.17, O4.4.9.1.3 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute Consent of City to Sublease premises at Auburn Municipal Airport between the City and Auburn Flight Services, Inc. Page 30 City of Auburn Council Meetin¢l Minutes May 4, t998 Councilmember Poe moved and Councilmember Cerino seconded to adopt Resolution No. 2956. MOTION CARRIED UNANIMOUSLY. 6-0. 20. Resolution No. 2958 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Interlocal Agreement for school impact fees between the City of Auburn and Dieringer School District No. 343. Councilmember Singer moved and Councilmember Lewis seconded to adopt Resolution No. 2958. City Attorney Reynolds advised that paragraph 10, Indeminification, second sentence should be changed to read: "District agrees to indemnify and hold City harmless in defense of impact fee ordinance to extent of challenges to the ordinance constitutionality or a challenge to the underlying District required plans or policies including but not limited to the District Capital Facilities Plan, except any procedural due process challenges or challenges to the adopting process of the impact fee ordinance or amendments thereto." Councilmember Singer and Councilmember Lewis acknowledged the change. MOTION TO ADOPT RESOLUTION NO. 2958 AS AMENDED CARRIED UNANIMOUSLY. 6-0. VIII. MAYOR'S REPORT A. Executive Session Mayor Booth recessed the meeting to executive session at 10:25 p.m. for approximately 20 minutes in order to discuss litigation. No action will be taken as a result of the executive session. Mayor Booth reconvened the meeting at 10:40 p.m. Page 31 City of Auburn Council Meetinn Minutes May 4, 1998 IX. ADJOURNMENT There being no further business to come before the Council this evening, the meeting adjourned at 10:40 p.m. Approved on the/oC'~"'day of (~')/2~_ ,1998. Charles A. Booth, ~ayJo~' Danielle Daskam, City Clerk 98M5-04 Page 32