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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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