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.
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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.
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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.
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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.
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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
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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
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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
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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."
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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