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HomeMy WebLinkAbout08-17-1998 CITY OF AUBURN COUNCIL MEETING MINUTES August 17, 1998 7:30 p.m. I. CALL TO ORDER A. Flag Salute Mayor Booth called the meeting to order at 7:30 PM and led those in attendance in the Pledge of Allegiance. B. Roll Call Mayor Booth and the following Councilmembers were present: Pete Lewis, Sue Singer, Jeanne Barber, Trish Borden, Fred Poe, Gene Cerino, and Rich Wagner. Staff members present included Police Chief Dave Purdy, Fire Chief Bob Johnson, Personnel Director Brenda Heineman, Parks and Recreation Director Dick Deal, Finance Director Diane L. Supler, Public Works Director Christine Engler, Planning and Community Development Director Paul Krauss, Assistant Planning Director Lynn Rued, City Attorney Michael J. Reynolds, and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements There were no announcements this evening. 2. Appointments There were no appointments for City Council review. D. Agenda Modifications Agenda modifications included materials relating to Application No. ZOA0004-97 transmitted under II.A.1 of these minutes, which were inadvertently omitted from the Council agenda packet. Page 1 City of Auburn Council Meeting Minutes August 17, 1998 Mayor Booth recessed the meeting to executive session at 7:33 PM for approximately fifteen minutes in order to discuss litigation and real estate matters. Mayor Booth reconvened the meeting at 8:02 PM. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Application No. ZOA0004-97 - Planned Unit Development (PUD) Ordinance o3.4.2.1.2 Citizens are invited to comment on the proposed Planned Unit Development (PUD) Ordinance, Chapter 18.69, Auburn City Code. Mayor Booth opened the public hearing. Jesus Moulinet, Landmark, 1130 140th Avenue NE, Suite 200, Bellevue, WA, 98005 Mr. Moulinet identified himself as a principal planner with Landmark, a planning, engineering and surveying firm, representing some of the property owners in the Northeast Auburn Special Planning Area who are interested in the proposed PUD Ordinance and its impact on development. He identified Section 18.69.060, Calculation of Number of Dwelling Units, of the proposed PUD Ordinance as a point of concern. The proposed calculation of dwelling units is based on net acreage that is developable. He presented an exhibit of a sample subdivision for a 10 acre site comparing calculations for net density versus gross density. Mr. Moulinet proposed basing the density of a project within a PUD on the gross acreage of the project rather than the net usable area of the site. He noted that a developer would still need to meet the minimum lot size requirements. Planning Director Rued explained that according to the proposed PUD Ordinance, each PUD is required to set aside 20% of the gross area for open space. The proposed ordinance allows that up to 50% of the total open space to be unbuildable acreage. Page 2 City of Auburn Council Meeting Minutes Au.~ust 17, 1998 Assistant Planning Director Rued presented an overhead slide depicting a table identified as Scenario One, Comparison of 20% vs 25% Open Space, which he used to demonstrate the effect of Mr. Moulinet's proposal on the total number of units and the number of units allowed per net acre for a single family PUD. Jesus Moulinet Mr. Moulinet conceded that the implementation of the PUD Ordinance is more important than his proposal to change the calculation of the dwelling units. He suggested the Council may want to include the additional density in order to meet goals of the Growth Management Act. Gary Young, Polygon Northwest Company, 4030 Lake Washington Boulevard NE, Suite 201, Kirkland, WA, 98033 Mr. Young explained that Polygon is working to develop property in Auburn. Polygon builds for a variety of housing needs. Mr. Young spoke in favor of the PUD Ordinance, but also encouraged the Council to consider Mr. Moulinet's proposal in order to add more flexibility to the PUD Ordinance. Eric Campbell, Campbell Development, PO Box 676, Kirkland, WA, 98033 Mr. Campbell complimented the City Council and staff on the proposed PUD Ordinance. Mr. Campbell spoke in favor of transferring density from the unbuildable acreage to the remaining project site within the PUD. Councilmember Borden moved and Councilmember Lewis seconded to close the public hearing. Councilmember Wagner referred to Section 18.69.090, Public Infrastructure Requirements, specifically paragraph 2 regarding private streets. He proposed the City's street standards should be referenced in this section. Assistant Planning Director Rued explained that reference to the City's street standards was not included in the proposed PUD Ordinance since the standards have not yet been adopted. Page 3 City of Auburn Council Meetin.o Minutes Au~3ust 17, 1998 He suggested that once the standards are adopted, the section will be modified accordingly. Councilmember Wagner suggested paragraph 2.c of Section 18.69.090 be changed. He expressed opposition to allowing the City Engineer to adjust construction standards considered appropriate for the situation. Councilmember Poe expressed support for Councilmember Wagner's concerns. Eric Campbell, Campbell Development In response to a question from Councilmember Poe, Mr. Campbell spoke regarding his experiences with private streets and PUD street standards in other jurisdictions. Police Chief Purdy and Fire Chief Johnson both indicated that the main concern with private streets is enforcement to prevent parking obstructions. Gary Young, Polygon Mr. Young spoke regarding his experience with private streets in single family condominium developments. He also spoke regarding responsibility for maintenance of open space areas for projects that he has participated in. Councilmember Borden spoke in favor of requiring 25% open space as illustrated in the table identified as Scenario One. MOTION TO CLOSE THE PUBLIC HEARING CARRIED UNANIMOUSLY. 7-0. Councilmember Borden moved to approve the proposed PUD Ordinance, Chapter 18.69, with the following changes: change the open space requirement from 20% to 25%; change Section 18.69.090, subparagraph 2.b to require a minimum right of way width for private streets of 36 feet rather than 30 feet, and eliminate subparagraph 2.c of Section 18.69.090. Motion was seconded by Councilmember Lewis. Page 4 City of Auburn Council Meetina Minutes Auaust 17, 1998 Councilmember Cerino spoke against increasing the open space requirement from 20% to 25%. Councilmember Wagner expressed his support for the 25% open space requirement. Councilmembr Poe spoke against increasing the open space requirement to 25%. Councilmember Wagner moved and Councilmember Poe seconded to amend the motion to include a change to Section 18.69.050.A to add the following to the end of the second sentence of the paragraph: ";however no more than 20% may be multi-unit structures." Assistant Planning Director Rued advised that the language contained in Section 18.69.050.A is consistent with the Comprehensive Plan. Councilmember Cerino spoke in favor of leaving the open space requirement at 20% to ensure less dense development. Councilmember Wagner reiterated his support to increase the open space requirement to 25%. Jesus Moulinet In response to Mayor Booth, Mr. Moulinet spoke in favor of increasing the open space requirement if the density is calculated on the gross area. He objected to increasing the open space requirement if the density must be calculated based on the developable land. Councilmember Singer spoke in favor of calculating density on the gross area if the open space requirement is increased to 25%. Councilmember Borden spoke against transferring density. MOTION TO AMEND THE MAIN MOTION CARRIED. 5-2. Councilmembers Barber and Singer voted no. Page 5 City of Auburn Council Meetinf~ Minutes Aullust 17, 1998 Assistant Planning Director Rued explained the purpose of Section 18.69.090 subparagraph 2.c. It provides for the standards for the second or additional access to lots. THE MAIN MOTION, AS AMENDED, FAILED. 3-4. Councilmembers Cerino, Poe, Barber and Singer voted no. Councilmember Wagner moved to approve Chapter 18.69 with an amendment to Section 18.69.090 to change Item 2.b regarding minimum right of way width for private streets from 30 feet to 36 feet, and change Item 2.c by inserting the word "City" before the word "standards" in the first sentence and delete the remainder of the paragraph, and add to Section 18.69.050.A, second sentence, ";however no more than 20% may be multi-unit structures." Councilmember Poe seconded the motion. Public Works Director Engler noted there are currently no City standards for private streets and shared driveways that provide a second access to lots. Councilmember Borden suggested referring the issues of private streets and access to the Public Works Committee. MOTION FAILED. 3-4. Councilmembers Cerino, Barber, Singer and Lewis voted no. Councilmember Singer moved and Councilmember Barber seconded to approve the Planned Unit Development Ordinance and instruct the City Attorney to prepare the necessary ordinance. MOTION CARRIED. 5-2. Councilmembers Poe and Wagner voted no. 2. Application No. ZOA0001-98 - Amendments to Land Division Ordinance 03.4.2.6 Citizens are invited to comment on proposed amendments to the Land Division Ordinance, Sections 17.06.020 and 17.06.070 in order to implement the proposed Planned Unit Development (PUD) Ordinance. Page 6 City of Auburn Council Meetin_a Minutes Au.qust 17, 1998 Mayor Booth opened the public hearing. There was no request from the audience to speak regarding this issue. Councilmember Borden moved and Councilmember Cerino seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Borden moved and Councilmember Barber seconded to approve amendments to Section 17.06.020 and Section 17.06.070 of the Land Division Ordinance and instruct the City Attorney to prepare the necessary ordinance. MOTION CARRIED. 6-1 Councilmember Wagner voted no. B. Audience Participation There was no request from the audience to speak during audience participation. C. Correspondence Mayor Booth acknowledged the following correspondence item: 1. Documents received from Bob Tidball for distribution to the City Council: Supreme Court Decision in the City of Redmond v. Central Puget Sound Growth Management, et al; Final Decision and Order of the Central Puget Sound Growth Management Hearings Board in Consolidated Case No. 98-3-0008c, Green Valley, et al, v. King County; and a copy of King County Comprehensive Plan, Chapter 6, Natural Resource Lands. III. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Chair Poe reported the Municipal Services Committee met today at 5:00 PM. The Committee recommended approval of a request to call for bids for a new Fire Department aid unit, adoption of Ordinance No. 5133 regarding participation in the Puget Sound Page 7 City of Auburn Council Meeting Minutes Au~3ust 17, 1998 Urban Search and Rescue Task Force, and approval of Resolution No. 2996 regarding the purchase of property for storm drainage improvements. The next regular meeting of the Municipal Services Committee is scheduled for Tuesday September 8, 1998 at 5:00 PM. B. Planning & Community Development Chair Borden reported the Planning and Community Development Committee met August 10, 1998. The Committee discussed the proposed PUD Ordinance and other items which appear later on the Council's agenda. The Committee also discussed the Interlocal Agreement with King County regarding potential annexation areas. The Committee tabled further discussion of the Interlocal Agreement until September 14, 1998. Chair Borden advised that King County may be willing to discuss an Interlocal Agreement which does not include the Agricultural Production District. Mayor Booth advised that he will refer the Interlocal Agreement to the Public Works Committtee as well for review. The next regular meeting of the Planning and Community Development Committee is scheduled for August 24, 1998 at 6:30 PM. C. Public Works Chair Wagner reported the Public Works Committee met August 10, 1998. The Committee recommended approval of a number of contract administration items that appear later on this evening's agenda. The next meeting of the Public Works Committee is scheduled for August 18, 1998 at 4:30 PM. An additional Public Works Committee meeting is scheduled for August 31, 1998 at 4:30 PM. D. Finance Chair Barber reported the Finance Committee met at 6:30 PM this evening. The Committee recommended approval of claims and payroll vouchers which appear on this evening's agenda. The Committee also discussed the Capital Facilities Plan, solid waste utility, sewer utility billing, library general obligation bonds, and capital project accounting. The next regular meeting of the Finance Committee is scheduled for Tuesday, September 8, 1998 at 6:30 PM. Page 8 City of Auburn Council Meetinn Minutes August 17, 1998 IV. CONSENT AGENDA A. Minutes 1. Minutes of the April 13, 1998 special City Council meeting. 2. Minutes of the April 27, 1998 special City Council meeting. 3. Minutes of the August 3, 1998 regular City Council meeting. B. Vouchers F4.9.2,F4.9.5 1. Claims Claims check numbers 134841 through 135202 in the amount of $2,011,141.59 for Period 8 and dated August 17, 1998, and claims check numbers 135212 through 135221 in the amount of $5,506.09 for Period 7 and dated July 31, 1998. 2. Payroll Payroll check numbers 248145 to 248405 and 247743 and 248406 in the amount of $578,440.57 and electronic deposit transmissions in the amount of $494,784.38 for a grand total of $1,073,224.95 for the pay period covering July 29, 1998 to August 11, 1998. C. Contract Administration 1. Public Works Project Numbers C8047 and C048 o4.8.1 City Council to award Public Works Contract Number 98-26, Central Storm Drain Improvements Phase 1C and 1E, to Tydico, Inc., on their low bid of $397,490.00 plus Washington State sales tax. 2. Public Works Project Number PR 529D O4.9.1 City Council to grant permission to advertise Contract Number 98-32, Sunbreak/Thoroughbred Demolition. Page 9 City of Auburn Council Meetin_a Minutes August 17, 1998 3. Public Works Project Number PR 585 O4.11.1 City Council to approve Final Pay Estimate No. 4 in the amount of $28,010.53 to Holt Drilling, and accept construction for Contract Number 97-26, PR 585, Well No. 6 Drilling. 4. Public Works Project Number PR 599 04.11.1 City Council to approve Change Order Number 2 in the amount of $27,278.00 and Change Order Number 3 in the amount of $3,500.00, accept the project, and approve Final Pay Estimate No. 4 in the amount of $103,623.19 to Olson Brothers Excavating for Public Works Contract Number 98- 04, PR 599, 1998 Water Pipeline Improvement. 5. Public Works Project Number PR 620 04.11.1 City Council to approve Change Order Number 2 in the amount of $2,599.29 and Change Order Number 3 in the amount of $5,222.97, accept the project, and approve Final Pay Estimate No. 2 in the amount of $60,010.50 to S & K Painting, Inc. for Public Works Contract No. 98-17, PR 620, Lea Hill Reservoir Coating. D. Call for Bids 1. Aid/Medic Unit and Eauipment City Council authorize the Fire Department to issue a call for bids for one (1) Type I Aid/Medic Unit and Equipment. E. Call for Public Hearing 1. Right-of-way Agreement o3.10.9 City Council to call for a public hearing on September 8, 1998 on the request of Pacific Fiber Link for a Right-of-way Agreement to construct, maintain, and use equipment and facilities for an underground fiber optic cable system. Page 10 City of Auburn Council Meetinn Minutes August 17, 1998 F. Surplus Equipment 1. Public Works Department F4.6.1 City Council to grant permission to surplus the following equipment: Description Serial Number 6102C1991 Chevrolet % ton Suburban (4x4) SIN 1GCGV26KOMF130271 (FA #55000 6102C) 6524C 1995 Grasshopper Mower SIN 452119 (FA #55000 6524C) Original Mower Flail Arm to Unit 6916A (1994 Tractor/Mower) Councilmember Barber moved and Councilmember Lewis seconded to approve the consent agenda. MOTION CARRIED UNANIMOUSLY. 7-0. V. UNFINISHED BUSINESS There were no items for review under this section. VI. NEW BUSINESS There were no items for review under this section. VII. ORDINANCES AND RESOLUTIONS A. Ordinances 1. Ordinance No. 5120 F5.2.15 An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 5105 by authorizing the Mayor to sign a revised Agreement No. GCA 1269 between the City and the Washington State Department of Transportation, approving State funds as provided in Agreement for design of the 3rd Street SW Grade Separation Project/SR 18 - C Street Interchange Improvements. Councilmember Poe left the Council Chambers at this time. Page 11 City of Auburn Council Meetinn Minutes Au_Qust 17, 1998 City Attorney Reynolds read the title of Ordinance No. 5120. Councilmember Wagner moved and Councilmember Cerino seconded to introduce and adopt Ordinance No. 5120. MOTION CARRIED UNANIMOUSLY. 6-0. 2. Ordinance No. 5132 A3.14 An Ordinance of the City of Auburn, Washington, authorizing the Mayor to execute a new Franchise Agreement between the City of Auburn and Pierce County to construct, operate and maintain a sewer system, over, in, along, under, and upon certain public roads and highways in Pierce County, Washington until July 2003. Councilmember Poe returned to the Council Chambers. City Attorney Reynolds read the title of Ordinance No. 5132. Councilmember Wagner moved and Councilmember Cerino seconded to introduce and adopt Ordinance No. 5132. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Ordinance No. 5133 02.3 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the City to enter into a Memorandum of Agreement between Pierce County and participating organizations in the Puget Sound Urban Search and Rescue Task Force. City Attorney Reynolds read the title of Ordinance No. 5133. Councilmember Poe moved and Councilmember Cerino seconded to introduce and adopt Ordinance No. 5133. MOTION CARRIED UNANIMOUSLY. 7-0. Page 12 City of Auburn Council Meetinn Minutes Aunust 17, 1998 4. Ordinance No. 5136 03.10.1 cuP0002-98 An Ordinance of the City of Auburn, Washington, requesting an amendment to the Conditional Use Permit authorized by Ordinance No. 4596 passed December 7, 1992, to allow the seminary school to have classes three evenings per week in the existing church on property zoned R-4 (multiple family residential), within the city of Auburn, Washington. City Attorney Reynolds read the title of Ordinance No. 5136. Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5136. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Ordinance No. 5138 F5.2, 02.0 An Ordinance of the City Council of the City of Auburn, Washington, approving acceptance of grant funds from the State of Washington Military Department, Emergency Management Division to fund Hazmat Responder Team personnel salary and benefits associated with the planning, preparation and participation in a regional response hazardous materials team exercise scheduled for September 1, 1998, in the amount of Three Thousand Four Hundred seventy-one and 00/100 dollars, ($3,471.00), and authorizing execution of Contract No. EM998224 and approving the expenditure and appropriation of said grant funds. City Attorney Reynolds read the title of Ordinance No. 5138. Councilmember Poe moved and Councilmember Cerino seconded to introduce and adopt Ordinance No. 5138. MOTION CARRIED UNANIMOUSLY. 7-0. Page 13 City of Auburn Council Meetinn Minutes August 17, 1998 B. Resolutions 1. Resolution No. 2992 04.4.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a News and Information Station Agreement between the City and Prime West of Washington, Inc. City Attorney Reynolds read the title of Resolution No. 2992. Councilmember Borden moved and Councilmember Singer seconded to adopt Resolution No. 2992. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Resolution No. 2993 A3.13.8, O4.11 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute Auburn Participation Agreement with Microtel, for the purpose of sharing the cost of construction of the water facilities for Project No. FAC0027-96. City Attorney Reynolds read the title of Resolution No. 2993. Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution No. 2993. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Resolution No. 2994 03.9 A Resolution of the City Council of the City of Auburn, Washington, fixing a time for a public hearing on the petition for vacation of that portion of right-of-way near 8th Street NE in the vicinity of Pioneer Cemetery, within the city of Auburn, Washington. City Attorney Reynolds read the title of Resolution No. 2994. Page14 City of Auburn Council Meetini3 Minutes August 17, 1998 Councilmember Wagner moved and Councilmember Poe seconded to adopt Resolution No. 2994. Councilmember Wagner reminded staff to ensure the City retains a utility easement for this property. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Resolution No. 2995 A Resolution of the City Council of the City of Auburn, King County, Washington, authorizing the execution of a Settlement Agreement and Release of All Claims between Victor Enterprises, L.L.C. and Victor Dipietro, City of Auburn and the State of Washington Department of Transportation, for resolution of King County Cause No. 96-2-18019-0 KNT and to establish the City of Auburn and State of Washington's joint participation insofar as consideration paid and transfer of real estate and easement. City Attorney Reynolds read the title of Resolution No. 2995. Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution No. 2995. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Resolution No. 2996 A3.13.4, O4.8.1 C8053 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a Purchase and Sale Agreement between the City of Auburn Storm Drainage Utility Enterprise Fund and Richard Enterprises, Inc., a Washington Corporation, for the acquisition of Lot B, Auburn LLA 0006-98 King County Recording Number 9805011434 for City Project No. C8053 - 21st Street S.E., Storm Drainage Improvements. City Attorney Reynolds read the title of Resolution No. 2996. Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution No. 2996. Page 15 City of Aubum Council Meetinn Minutes Auqust 17, 1998 MOTION CARRIED UNANIMOUSLY. 7-0. VIII. MAYOR'S REPORT A. Executive Session Mayor Booth recessed the meeting to executive session at 9:40 PM for approximately 20 minutes in order to discuss items related to real estate and litigation. Mayor Booth reconvened the meeting at 10:22 PM. IX. ADJOURNMENT There being no further business to come before the Council this evening, the meeting adjourned at 10:22 PM. Approved on the ~v''~r day of ~ ,1998. Charles A. Booth, Mayor · ' Danielle Daskam, City Clerk Page 16