HomeMy WebLinkAbout02-04-1991
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~ CITY OF AUBURN.
CITY COUNCIL MEETING MINUTES
February 4, 1991 7:30 P.M.
` (Conected 2/ 12/91)
I. CALL TO ORDER
The regular meeting of the City of Aubum Council was called to order.by Mayor
Bob Roegner at 7:30 p.m. in the City of Auburn Council Chambers.
A. flag Salute
Ivtayor Roegner led those in attendance in the pledge of allegiance.
B. R 11 11 .
Those in attendance in¢luded Mayor Bob Roegner and Councilmembers
Whittall, Wagner, Burns, Lazson, Brothers, and Kurle. Staff inembers in
attendance included Police Chief Jake Evans, Fire Chief Bob Johnson, Parks ~
Recreation Director Len Chapman, Personnel Director Gretel Sloan,
Finance Director Pat Dugan, Public Works Director Frank Cunie, Planning
Director Steve Lancastei, City Attorney Stephen Shelton, and City Clerk Robin Wohlhueter. Other staff in attendance included Assistant Parks
Director Dick Deal, and Library Director Mary Stanton.
C. Anoointments and Announcements
1. Annointments a." Council Position #1 Annointment
A3.10.8
Council to confirm the appointment of Jeanne Barber to the
position vacated by Judi Roland.
Motion by Councilmember Larson,, second by Councilmember
Kurle to confi=m the appointment bf Jeanne Barber to the vacant
Council Position No. 1 vacated by Judi Roland.
MOTION CARRIED UNANIMOUSLY. 6-0.
Councilmember Barber was swom intb office by City Attorney
Steve Shelton. Mayor Roegner congratulated Councilmember
Barber on her appointment, presented her with a lapel pin, and
she was seated with the Council.
2. Announcements
a. Proclamation
A1.8
• , .
CITY OF AUBURN COUNCIL MEETING February 4, 1991
En¢ineers Week
Mayor Roegner to read a proclamation proclaiming,February 17
through February 23, 1991 as "Engineers Week".
D. Agenda Modifications - None.
II. CITIZEN INPUT. PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. Aonlication No. CAP0001-91
03.10.5 VAR0007-90, A3.23.1 CAP0001-91
Appeal of the Hearing Examiner's decision rendered on December 28,
1990 with regard to VAR0007-90 the request of Mr. and Mrs. Fred
Poe for a variance of setback requirements on property located at the
north side of 4th Street N.E. in the.1800 block.
Mayor Roegner opened the public hearing, and drew attention to
agenda item II.C.1 as being additional information submitted on behalf
of Fred & Rita Poe with regazd to the Appeal Hearing on Application
No. CAP0001-91. Peter Curran - 555 West Smith Street, Kent, WA 98035-0140
Peter Curran of the Law Offices of Curran, Kleweno & Johnson is the
Attorney representing Mr. and Mrs. Fred Poe. Mr. & Mrs. Poe's
request for a variance was denied by the Hearing Examiner.
Referring to his letter dated January 30, 1991, Mr. Curran stated that
no one thought the variance would negatively affect anyone in the
City, and that his client meets the criteria established for a variance.
Mr. Curran stated the recommendation of the Planning Department as
to where to locate the rear and side yards was opposite the other
homes in the area.
. Mr. Curran discussed how panhandle lots are treated in Auburn City
Code Titles 17. He stated that the special exception for panhandle lots
recognized in Title 18 as not included in Title 17.. Mr. Curran is
concemed that the months of planning and design work already
, completed on Mr. & Mrs. Poe's home would be undone due to the language of the code which forces the Poe's to reposition their home
exactly opposite of what was planned.
Mr. Curran furthered his comments by stadng the Hearing.Examiner
missed the issue, and that the variance code is .what controls his clients
rights, and what the Gouncil can do: Mr. Curran pointed out moving
the house to accommodate setbacks is an unnecessary hardship for Mr.
and Mrs. Poe. Mi. Curran stated the criteria has been met with regard
to the variance: Mr. Cunan urged the Council to approve the
variance. Mr. Curran stated if the variance is not approved the Poes
would have to move the front of their house to the south side which
would make the setbacks twenty-five feet and would deprive Mr. and
Mrs. Poe of rights commonly enjoyed by other property owners.
PAGE 2
CTTY OF AUBURN COUNCIL MEETING February 4, 1991
Fr P - 24503 140th Avenue S.E., Kent, WA. 98045
Fred Poe is the applicant on the variance application. Mr. Poe
explained to the Council he had purchased the property in 1981,
thereafter granted an easement to the Corp of Engineers of King
County flood Control, and in 1987 annexed the property into the City
of Auburn.
Prior to applying for a building permit Mr. Poe stated he inquired
about set back lines from the River. Directing the Council's attendon
- to the overhead projector, Mr. Poe explained the lot lines within the
short plat, and where his house is to be positioned on the lot.
In support of Mr. and Mrs. Poe's request for a variance to allow
construcdon of their home ten feet from the north property line, Mr.
Poe submitted a petition signed by neighboring property owners to the
Mayor and Council.
Mr. Poe continued to discuss arrangement of his home on the lot,
elevafion, and daylight considerations.
Mr. Poe expressed concern with regard to number ten of the Hearing
Examiner's Findings of Fact in that he did aot argue the orientation of
his house but rather his. counsel represented him. Under the Heazing
Examiner's Conclusions of Law, Mr. Poe argued his concems with
paragraphs one, two and three in support of his position.
Mr. Poe concluded his comments by stating the location of his home
on the lot is not affecting neighbors to the north nor is it altering the
chazacter of the neighborhood. He stated the location of his home conforms with the neighborhood and allows harmonious use of the lot
as defined.
Mvron Massev - 414 Riverview Drive, Auburn, WA
Mr. Massey, speaking on behalf of his wife and himself, is a resident
adjacent to Mr. & Mrs. Poe's building lot. Mr. Massey supported the ,
Poe's variance.
V-irginia Hausen - 2503 R Street S.E., Auburn, WA
Virginia Haugen supported Mr: and Mrs. Poe's request for a variance
to build their home because the neighbors feel the house plans are
, terrific. She said the Council should approve his plan to situate his
house where he wants to.
Motion by Gouncilmember Burns, second by Councilmember Brothers
to close the public hearing. ,
MOTION CARRIED UNANIMOUSLY. 7-0.
Mayor Roegner requested Planning Director Steve Lancaster update the
Council on the Planning Department position on this issue.
PAGE 3
CITY OF AUBURN COUNCIL MEETING February 4, 1991
Due to the Council already receiving information regarding the
variance, Steve Lancaster responded to main points raised during the
public heazing by emphasizing the location of the home being
inconsistent with the zoning code.
Drawing attendon to the overhead projector, Mr. Lancaster illustrated
how the home is proposed.to be situated on the lot in relation to the
portion of the lot remaining after easements and setbacks are
distinguished. Mr. Laacaster pointed out if the home was built in
compliance with xhe zoning code Mr. and Mrs.. Poe would still have a
large area to build their home even though they would have to move it
fifteen feet south. Illustrating the building lot with a photograph,
Steve Lancaster was able to show the Council the building area as
proposed by the Poe's.
Mr. Lancaster explained the standards in the zoning code to process
variances, and indicated Auburn's Zoning Code has ten specific criteria that must be met prior to granting a variance. He stated there
are three standards for granting a variance that cannot be met. He
indicated the uniqueness -of the lot does not. result in an unnecessary
hardship in terms of the physical placement of the home; that
development of the property in strict conformance with the zoning
code will not result in a disharmonious nse of property and denial of
the variance would not deprive the Poes of rights commonly enjoyed
by others in the same zoning district.
Mayor Roegner requested questions from members of the City CounciL
Council deliberated on the request of Mr. and Mrs. Poe for a vaziance.
Some of the Council questions centered around the site of the river
guaging station concrete anchor in .relation to the lot, sunlight on the
Poe property, code definitions of front yard and back yards and what
neighbors currently have as side yards, and river bank levels. In
addition, Council requested clarification on how the easements were
granted, and what constitutes a hardship.
Steve Lancaster responded that our Subdivision Code and Zoning Code
were designed to work together. However, the Poe's lot was platted
under Counry standards that pre-date annexation. Mr. Lancaster
indicated there might be an alternative ' in dealing with our code
requirement that would not be detrimental to the code and would allow
Mr. and Mrs. Poe to const=uct their home as they wish, if the Council
believes the code setback provisions are not workable.
Mr. Massey responded to the Council's question with regard to water
line levels : on the Green River. Mr. 1Vlassey indicated for as long as he
has lived on Riverview Drive that Mr. and Mrs. Poe's property has
never been flooded; Prior to the Howard Hansen Dam being built,
however, the whole neighborhood was sometimes under about three
feet of water.
PAGE 4
CI1 Y OF AUBURN COUNCIL MEETING February 4, 1991
Mr. Poe clarified the location of the easements on his property, and ,
stated the easements were granted of his own free will.
Mr. Curran responded to the Council's question on what constitutes a
hardship, Mr. Curran stated the courts have had a hard tiine
determining what an undue hardship is. Mr. Curran pointed out Mr.
and Mrs. Poe's panhandle lot is unique environmentally because it is
on a river, and denial of the Poe's request for a variance does consdtute a hardship in that the City is asking that they situate their
home differendy on the lot.
Prior to a motion on the request for a variance, Councilmembers '
Whittall and Burns expressed their concerns for and against approving .
the variance request. Councilmember Whittall felt that the
configuration of the lot and the presence of a restrict'ive easement
created a hardship for. 'the effective use of the property, and that Mr.
and 1VIrs. Poe were trying to maximize the use of their property in a
way that was not affecting anyone. Councilmember Burns supported
the city codes and did not feel that situating their home fifteen feet
from where Mr. and Mrs. Poe wanted it is.an undue hardship.
Councilmember Burns explained that when the Comprehensive Plan
was being put together, the Council could not have contemplated all
of the.possiliilities that would arise. He indicated that redefining
setbacks on a panhandle lot is something the Council could look at.
Councilmember Burns pointed out the mle the Council is playing in
this appeal process in that they sit in a judicial capacity, and if you
look at the law with regard to variances the Hearing Examiner's
decision is consistent with that law. Councilmember Burns stated the
Council should giant a variance based upon its law. Councilmember
Burns continued his comments by stating if the law needs to be
changed then the Council should look at that separately, and not as a
part of whether or not the variance is granted. This would ensure
consistency with our codes which is important to maintain.
Motion by Councilmember Burns, second by Councilmember Brothers
to affirm the decision of the Hearing Examiner to deny the variance
of setback requirement request according to Hearing Examiner's
Findings of Facf and Conclusions of Law.
Under discussion, some of the Councilmembers expressed concern on
the position of the applicant if the motion is approved.
Councilmembei Wtiittall commented he disagreed with Councilmember
Burns in that he believed the variance could be granted and would
remain consistent with the laws, and that he is in favor of granting the
variance. Councilmember Burns reiteiated the issue before the Council
is whether to deny or grant the variance, and that further
consideradons of the law.as it is today could be directed to staff to
schedule before the Planning and Community Development Committee.
Discussion briefly followed with Councilmembers Brothers and Wagner offering their opinions. Mayor Roegner requested all those
PAGE 5
CITY OF AUBURN COUNCIL MEETING February 4, 1991
, Councilmembers in favor of the motion signify by saying aye, and
opposed the same sign. .
MOTION IS DEFEATED. 3-4 with. Councilmembers Kurle, Larson, .
Wagner, and Whittall voting no. ~
Modon by Councilmember Whittall, second by Councilmember Larson
to grant the variance requested by Fred and Rita Poe.
MOTION CARRIED. 4-3 with Councilinembers Burns, Brothers, and
Barber voting no..
B. Audience Particination Virginia Hau¢en 2503 R Street S.E:, Auburn, WA
Virginia Haugen, resident of the City of Auburn, quesdoned whether or not
the Mayor's State of the City Address is heard before the Auburn City
Council or before the Auburn Rotary Club, and questioned funding sources
for yout}i services within tlie City of Aubum due to the growing concern.
Mayor Roegner responded the State of the City Address is normally before
the Aubum Rotary Club, _
C. Corresnondence
1. Annlication No. VAR0007-90
03. T0:5 VAR0007-90
A3.23.1 CAP0001-91
Transmits Appeal of Hearing Examiner's Decision rendered on
December 28, 1990 and filed.for appeal on January 7, 1991 regarding
the L request of Fred & Rita Poe for a variance for setback requirements
on property located on the north side of 4th Street N.E. in the 1800
block.
Mayor Roegner acknowledged receipt of this correspondence prior to
the public hearing as being additional information provided to Council.
III. COUNCIL COMMITTEE REPOR'I'S
A3.7.6
A. Municinal Services Chairman Whittall reported the Municipal Services Committee has not met
since the last Council meeting. The next Mnnicipal Services Committee
meeting is scheduled for February 11, 1991 at 4;30 p.m.
B. Planning & Communitv Develonment Ghairman Burns reported tlie Planning & Community Development
Committee met on January 28, 1991. Chairmaa Burns stated a number of
items reviewed at this meeting are before the Council this evening. The
next meeting of the Planning & Community Development Committee is
scheduled for February 11, 1991 at 7:30 p.m.
C. Public Works
PAGE 6
CITY OF AUBURN COUNCIL MEETING February 4, 1991
Chairman Kurle reported the Public Works Committee met prior to the
Council meeting at 5:30 p.m:, and the minutes will be of public record when
published. Chairman Kurle asked for su.pport of items on this evening's
councit agenda.. The next meeting of the Public Works Committee is
scheduled for February 19, 1991 at 5:30 p:m.
. . D. Finance Chairman Brothers reported the Finance Committee met prior to the Council
meeting this evening at 7:00 p.m. to discuss ending fund balance, interfund
loans for three funds, and claims and payroll. The next meeting of the
Finance Committee is scheduled for Monday, February 19, 1991 at 7:00 p.m.
IV. CONSENT AGENDA
A. Minutes
, 1. Minutes of the January 21, 1991, regular Couacil meeting. 2. Minutes qf the January 23, 1991 Council Meeting of the Whole.
B. Youchers
F49:2, F4,9.5
1. 1990 claim numbers.60116 through 60174 in the amount of
$881,892.70 and dated January 31, 1991.
1990 unused claim numbers 60175 through 60365 are void.
1991 claim numbers 60366 through 60799 in the amount of $973,426.45 dated February 4, 1991.
2. Payroll numbers 163028 through 163762 in the amount of $542,375.87
covering the period January 14, 1991 -through January 18, 1991.
C. Interfund Loans
. F4.7
1. Request interfund loan for Fund 434 (Solid Waste) from Fund 430
(Water) in the amount of $250,000 at 7.9096 interest from 12-31-90 to
2-28-91.
2. Request interfund, loan for Fund 326 (91 Inside Levy) from Fund 001
(General Fund) in the amount of $61,500 at 7.9096 interest from 12-
31-90 to 04-30-91.
3. Request interfund loan for Fund 102 (Arterial Street) from Fund 001
(General Fund) in the amount of $400,000 at 7.90a1ro interest from 12-
31-90 to 12-31-91.
D. Utilitv Billina Adiustment
F4.5.2 -
Recommend approval of ufility adjustment to account #349-1770 in the
amount of $1,800.90.
PAGE 7
CITY OF AUBURN COUNCIL MEETING February 4, 1991
_ Motion by Councilmember Larson, second by Councilmember Kurle to approve
consent agenda items IV.A through IV.D.
MOTION CARRIED UNANIMOUSLY. 7-0. .
V. OLD BUSINESS - None.
VI. NEW BUSINESS
A. Annlication °No. CUP0009-90
03.10.1 CUP0009-90 The request of Mark and Andy Chavers for a Condidonal Use Permit to
allow a nursing home annex situated in a C-3 (Heavy Commercial) wne and
located on the west side of "I" Street N.E. in the 2800-2900 blocks.
Motion by Councilmember Burns to approve the Gonditional Use Permit
:based upon the Hearing Examiners Findings of Fact, Conclusions, and
Conditions, and to instruct the City Attomey to prepare the necessary
' Ordinance. Second by Councilmember Brothers.
MOTION CARRIED UNANIMOUSLY. 7-0. .
VII. ORDINANCES. AND RESOLUTIONS
A. Ordinances
City Attomey Stephen Shelton read the titles to each ordinance out loud.
' 1: Ordinance Na 4484
A3.8.2Y -
An Ordinance of the City Council of the City of Aubum, Washington,
creating the Interim Museum Planning Commission, defining duties
and funcdons of the commission and esta6lishing methods of
appointing members,to the commission.
. Motion by Councilmember Burns, second by Councilmember Kurle to
introduce and adopt Ordinance No. 4484.
MOTION CARRIED UNANIMOUSLY. 7-0.
2. Ordinance No. 4485
A3.5.5.2, A3.8:4, .04,4.10
An Ordinance of the City Council of the City of Aubum, Washington,
adding new sections and amending and repealing sections of Auburn
City Code, Chapter 2.72 endded "Cemetery".
Motion by Couhcilmember Burns, second1by Councilmember Brothers
to introduce and adopt Ordinance No. -4485.
MOTION CARRIED UNANIMOUSLY. 7-0. -
3. Ordinance No. 4486 PAGE 8
CITY OF AUBURN COUNCIL MEETING February 4, 1991
F5.2.7, 03.4.1.17
An Ordinance of the City Council of the City of Aubum, Washington,
approving an appropriation'of Grant Funds in the amount of fourteen
tfiousand seven hundred eighty-one and 00/100 dollars ($14, 781), and
authorizing the Mayor and City Clerk to execute Grant No. G0091055
to. accept the grant from the Washington State Department of Ecology
for the Wedands Protection Plan and Ordinance.
Motion by Councilmember Burns, second by Councilmember Kurle to
introduce and adopt Ordinance No. 4486.
MOTION CARRIED UNArTIMOUSLY. 7-0.
B. Resolutions
City Attorney Stephen Shelton read the titles to each resolution out loud.
1. Resolution No. 3151
03.11.2
A Resolution of the City Council of the City of Aubum, Washington,
authorizing the Mayor and City Clerk to enter into an agreement
between the City of Auburn and Auburn Community Suppers.
Motion by Councilmember Bums, second by Councilmember Brothers
to approve Resolution No. 2151.
MOTION CARRIED UNANIMOUSLY. 7-0.
2. Resolution No. 21`53
A1.14
' A Resolution of the City Council of the City of Aubum, Washington,
authorizing the Mayor and City Clerk to enter into an agreement with
the Chamber of Commerce to administer tasks related to the BIA
(Business Improvement Area).
Motion by Councilmember Burns, second by Councilmember Kurle to
approve Resolutio.n No, 2153.
MOTION CARRIED UNANIMOUSLY. 7-0.
3. Resolution No. 2135
03.11.2
A Resolution of the City Council of the Ciry of Auburn, Washington,
authorizing the Mayor and City Clerk of the City of Auburn, to
execute a contract for services between the City of Aubum and
Domestic Abuse Women's Network (DAWN).
Motion by Councilmember Burns, second by Councilmember Brothers
to approve Resolution No. 2155.
MOTION CARRIED UNANIMOUSLY. 7-0.
PAGE 9 .
CITY OF AUBURN COUNCIL MEETING February 4, 1991
4. Resolution No. 2156
03.11.1
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 Child and, Family Resource and Referral
Center to provide child care referral services.
Motion by Councilmember Bums, second by Councilmember Kurle to
approve Resolution No. 2156.
MOTION CARRIED UNANIMOUSLY. 7-0.
5. Resolution No. 2158
A1.3.1
A Resolution of the City Council of the City of Aubum, Washiagton,
authorizing the Mayor and City Clerk to execute a consultant
agreement between the City of Auburn and the Georgette Group for
, the purpose of preparing a Health Department: Feasibility Study.
Motion by Councilmember Burns, second by Councilmember Brothers.
to approve Resolution No. 2158.
MOTION CARRIED UNANIMOUSLY. 7-0.
6. Resolution No: 2159
F5.2.11, A3.4.1
A Resolution of the City Council of the City of Aubum, Washington,
authorizing the Mayor and City Clerk of xhe City of Auburn to
execute a service agreement for the distribution and administration of
certain Washington Department of Community Development Grant
Funds under the State of Washington Growth Management Act of
1990.
Motion :by Councilmember Burns, second by Councilmember Kurle to
approve Resolution No. 2159.
MOTION .CARRIED UNANIMOUSLY. 7-0.
7. Resolution No. 2160
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 serv'ices to rape and other sexual assault
victims within the Aubum area.
Motion by Councilmember Burns, second by Councilmember Brothers to approve Resolution No. 2160.
MOTION CARRIED UNANIMOUSLY. 7-0.
PAGE 10
CITY OF AUBURN COUNCIL MEETING February 4, 1991
8. Resolution No..2161
A1.3
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk #o execute an agreement , between_ the City of Auburn and the Seattle/King County Economic
Development Council. Motion by Councilmember Burns, second by Councilmember Kurle to
adopt Resolution No. 2161.
MOTION CARRIED UNANIMOUSLY. 7-0.
9. Resolution No.. 2162
. 04.10, 03.7
Resoludon No. 2162 authorizes the Mayor and City Clerk of the City
of Auburn to execute a Traffic Environniental Mitigation Agreement
with Specialties Distribution Corporation AKA Pressco Products, Inc.
Motion by Councilmember Kurle, second by Councilmember Wagner
to approve Resolution No. 2162.
MOTION CARRIED UNANIMOUSLY. 7-0.
10. Resolution No. 2163
A3.4
A Resolution.of the City Council.of the City of Auburn, Washington,
adopting the 1991 Legislative Package and requesdng the Mayor and
City of Aubum to transmit said package to the Washington State
Legislature.
Motion by Councilmember Larson, second by Councilmember Larson
to approve Resolution No. 2163.
Councilmember Whittall requested the following information be added
to the '1991 Legisladve Package: Auburn urges the legislature to
provide significant new funding to qualify for providers for children's
services so they can make measurable progress in dealing with children
and youth problems caused by abusive parents, alcohol and drug
addicted parents, and other dysfunctional family situations.
MOTION. CARRIED UNANIMOUSLY. 7-0.
11. Resolution No. 2164
03.4.1.2 -
Resolution No. 2164 authorizes the Mayor and City Clerk to execute a
Construction Administration Agreement between the City of Auburn
and the,City of Pacific relating to Lakeland Hills.
Motion by Councilmember Kurle, second by Councilmember Wagner
to adopt .Resolution No. 2164.
VIII. . MAYOR'S' REPORT - None.
PAGE 11
CITY OF AUBURN COUNCIL MEETING February 4, 1991
Executive Session - None. ,
IX. AIDJOURNMEN'I'
There being no further business to come before the Auburn City Council, the
meeting adjo ned at 9: m,
Bob Roegner, Mayor Robin Wohlhueter, City Clerk
91 M2-4
PAGE 12