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HomeMy WebLinkAbout03-01-1993 c\tY of ~:~J.... Auburn ~~ YS/ in~\O CITY OF AUBURN CITY COUNCIL MEETING MINUTES March 1, 1993 7:30 p.m. I. CALL TO ORDER The regular meeting of the City of Auburn Council was called to order by Mayor Bob Roegner at 7:30 p.m. in the City of Auburn Council Chambers. A. Flag Salute Mayor Roegner led those in attendance in the pledge of allegiance. B. Roll Call Those in attendance included Mayor Bob Roegner and Councilmembers Weekley, Wagner, Burns, Borden, Barber, and Brothers. Council member Kurle was excused from the meeting. Staff members in attendance included Police Chief Jake Evans, Fire Chief Bob Johnson, Personnel Director Pam Sime, Parks and Recreation Director Len Chapman, Finance Director Pat Dugan, Public Works Director Frank Currie, Planning Director Steve Lancaster, City Attorney Stephen Shelton, and City Clerk Robin Wohlhueter. Other staff in attendance included Senior Planner Lynn Rued, Deputy City Clerk Dani Daskam, and Police Lieutenant Marion Dukes. C. Announcements and Appointments 1. Announcements a. Proclamations 1) Auburn High School Wrestling Team Mayor Roegner introduced the Auburn High School Wrestling Team and their coaches who represented Auburn at the AAA State Tournament where the team placed fourth. Mayor Roegner presented each team member and coach with a proclamation honoring them for their winning season. Mayor Roegner thanked the team members and coaches for the pride they have brought to the community. 2) Auburn High School Gvmnastics Team Mayor Roegner introduced the Auburn High School Girls Gymnastic Team and coaching staff and congratulated them for their outstanding record. Mayor Roegner presented each team member and coach with a proclamation recognizing their accomplishments during the year and placing fourth at the State Gymnastics meet. AUBURN CITY COUNCIL MINUTES Page No. 2 March 1, 1993 2. Appointments - None. D. Agenda Modifications Agenda modifications include three letters not available prior to publication of the Council Agenda and are found under II.C.3, 4, and 5 of these minutes; the withdrawal of Ordinance No. 4613 found under VII.A.7 of these minutes for further staff review; the withdrawal of Resolution No. 2380 found under VII.B.l of these minutes for further staff review; and changes to Resolution No. 2383 and exclusion of Exhibit B on advice of the City's Bond Attorney found under VII.B.3 of these minutes. City Attorney Shelton advised the City has received a motion for reconsideration of the Hearing Examiner's decision in regard to New Business, VI.A, Application No. MIS0002-93. Mayor Roegner stated the appropriate Council action is to table until completion of the reconsideration by the Hearing Examiner. Application No. MIS0002-93 A3.23.1 MIS0002-93, 03.10.4 ADM0002-93 Council consideration on the decision of the Hearing Examiner to deny an Administrative Use Permit to allow the construction of a vehicle emission inspection facility to be located at 4122 B Place N.W. as requested under Application No. ADM0004-92. Motion by Councilmember Burns, second by Councilmember Borden to table Application No. MIS0002-93 pending motion for reconsideration. MOTION CARRIED UNANIMOUSLY. 6-0. II. CITIZEN INPUT. PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings - None. B. Audience Participation Mayor Roegner explained for the benefit of the audience that Application No. CUP0008-92 from Anthony Chung is a referral from the City's Hearing Examiner. He said the Hearing Examiner has already heard the matter and responsibility of the Council is to ascertain whether the Hearing Examiner's decision is appropriate and consistent based on the Hearing Examiner's Findings of Fact and Conclusions of Law to approve or deny the request of the petitioner. The Hearing Examiner has forwarded a recommendation to deny the application. If the Council agrees with the Hearing Examiner's recommendation, the Council can affirm the decision. The Council can modify or disaffirm the Hearing Examiner's recommendation only after a hearing before the Council. Mayor Roegner advised those in the audience wishing to express their support for affirmation of the Hearing Examiner's decision may do so this evening. Those in the audience in support of a full hearing before the Council should request a hearing which would be set for two weeks from this date. AUBURN CITY COUNCIL MINUTES Page No. 3 March I, 1993 Mayor Roegner then invited citizens in the audience this evening who may want to bring to attention of the City Council something occurring in the community or to comment on an item occurring later in tonight's agenda. 1. Bob West. 960 E. Main Street. Auburn. Mr. West spoke in favor of Application No. REZ0005-92 from Jack Jones to rezone property from R-4, Multi-family residential, to C-3, Heavy Commercial, located at 12 and 18 "D" Street S.W. Mr. West requested Council affirm the Hearing Examiner's decision to approve the rezone. 2. Laurie Mvnatt. 405 7th Street S.E.. Auburn. Ms. Mynatt reported she attended a Hearing Examiner's meeting on February 17, 1993. When she left the meeting her car was intact; however, the next afternoon she found the top of her car had been damaged. She presented an itemized bill of the damage to the Council. She believes there is a connection between the testimony she gave at the Hearing Examiner's meeting and the damage caused to her car. Ms. Mynatt also expressed concern for her children when drug dealing, drinking, and carousing is occurring in her neighborhood. 3. Paul Nelson. 520 "F" Street S.E.. Auburn. Mr. Nelson congratulated City staff and the Police Department for the preparation of their materials for the Hearing Examiner meeting. He encouraged the City Council vote of Application No. CUP0008-92 tonight "and affirm the Hearing Examiner's recommendation to deny the application. Mr. Nelson stated he and his neighbors are talking with Mr. Chung in an attempt to mitigate some of the problems which appear to be associated with his business. 4. Steve Steger. 507 - 7th Street S.E.. Auburn. Mr. Steger stated the developer of the property at 700 Auburn Way South conditioned the property in an attempt to protect the adjacent single family neighborhood. Mr. Steger quoted the following from a newspaper article published several years ago: "Burns said 'restrict' wasn't strong enough and modified the motion to say 'traffic revisions must totally deny access to the neighborhood streets.' Motion passed 6-0." Mr. Steger stated traffic through their neighborhood has increased due to the businesses there. Mr. Steger presented a diagram of the traffic pattern and requested that the City Council deny access from the businesses to their neighborhood and presented recommendations for a barrier to limit access to the neighborhood. Mr. Steger expressed concern of an unsettling encounter his wife had on the street outside their home. Mr. Steger stated the type of incident he described had not occurred prior to the Q Club being located near their neighborhood. Mr. Steger urged the Council to deny Mr. Chung's request to expand the Q Club. AUBURN CITY COUNCIL MINUTES Page No.4 March 1, 1993 5. Mike Skehan. business address 301 Lund Road. Auburn. Mr. Skehan stated his support for adoption of Ordinance No. 4607 dealing with parking of semi-trailers and trailers on City streets. He expressed concern for Lund Road and other streets where fully-loaded unattended trailers are beginning to cause damage to the streets. Mr. Skehan requested Council adopt Ordinance No. 4607. 6. Virginia Haugen. 2503 "R" St. S.E.. Auburn. Ms. Haugen reported that she and a friend conducted their own surveillance of the Q Club over the past weekend. She said she saw only very few people in the club. She added that the children and young adults of Auburn need a place to go. Ms. Haugen also stated the conditions of concern to the neighbors were present five years ago. 7. Dennis Shell. 522 - 7th Street S.E.. Auburn. Mr. Shell stated that he lives directly behind the Q Club. He also stated that the problem is not in the Q Club, but the problem is behind the Q Club and with the foot and vehicle traffic. Mr. Shell reported vandalism has increased and residents harassed in the neighborhood although it may not have been reported. Mr. Shell added that littering has become a problem in the area also. Application No. CUP0008-92 03.10.1 Application No. CUP0008-92 Council consideration on the request of Anthony Chung for a Conditional Use Permit to allow a mechanical amusement arcade within an existing facility located at 620 Auburn Way South, Suite I. Councilmember Borden disclosed that she attended a public meeting in the subject neighborhood. Council member Borden stated her attendance at the public meeting will not affect her ability to act impartially on the application. Council member Brothers said he attended the Q Club with his children some weeks ago, but it will not affect his ability to act impartially on the application. Mayor Roegner asked whether any other Councilmembers have participated in any forum or meeting that may have resulted in them receiving testimony or comment. Councilmember Barber reported that she has received numerous concerned calls regarding the application. Councilmember Barber said that the calls will not affect her ability to act impartially. Councilmember Burns reported that he attended the same meeting described by Councilmember Borden. He said that his attendance will not affect his ability to act impartially. Council member Brothers questioned Chief Evans for his opinion on whether there is a higher degree of incidents in the area than exists in other areas of the City. A UBURN CITY COUNCIL MINUTES Page No. 5 March 1, 1993 Chief Evans said he compared the number of police calls for the period of December-February 1992 to the period of December-February 1993 he found an insignificant increase. Chief Evans also stated that the Police Departments receives calls for the parking lot which could mean any of the businesses in the area. Motion by Councilmember Brothers to call for a public hearing on Application No. CUP0008-92 at the next regularly scheduled Council meeting. MOTION DIED FOR LACK OF SECOND. Councilmember Wagner asked Planning Director Lancaster for confirmation that the Q Club does not now possess a conditional use permit. Mr. Lancaster confirmed that the Q Club does not currently have a conditional use permit. Motion by Councilmember Burns, second by Councilmember Barber to affirm the Hearing Examiner's decision to deny the conditional use permit based upon the Examiner's Findings of Fact and Conclusions as outlined. MOTION CARRIED. 5-1. Councilmembers Brothers voted no. C. Correspondence I. Letter dated February 10, 1993 to Council Member Jeanne Barber from Melody Weeks expressing concerns about the new Supermall. 2. Letter dated February 16, 1993 to Council Member Trish Borden from Velma Rowe requesting a no vote on the Supermall. 3. Letter dated February 23, 1993 to Councilmember Rich Wagner from Michael D. Skehan on behalf of Western Coating, Inc., in favor of passage of Ordinance No. 4607. 4. Letter dated February 24, 1993 from Randy Hamblin, Senior Development Manager from Quadrant, extending their support to proposed Ordinance No. 4607. 5. Letter dated February 26, 1993 from Wes Uhlman to the Auburn City Council urging that the City Council uphold the decision of the Hearing Examiner in Application No. MIS0002-93 (Appeal of ADM0004-92). III. COUNCIL COMMITTEE REPORTS A. Municipal Services. A3.6.4.4 Chairman Brothers reported that the Municipal Services Committee met today at 4:30 p.m. The Committee requests that Ordinance No. 4613 found under VII.A.7 of these minutes and Resolution No. 2380 found under VII.B.l of these minutes be withdrawn from the Council Agenda pursuant to the Agenda Modification. The Committee also discussed Resolution 2381 at length and requests Council AUBURN CITY COUNCIL MINUTES Page No.6 March 1, 1993 adoption of the resolution. The next meeting of the Municipal Services Committee will be Monday, March 15, 1993 at 4:30 p.m. B. Planning & Community Development A3.6.4.4 Councilmember Burns reported the Planning and Community Development Committee met on Monday, March 8, 1993 at 5:30 p.m. and the minutes are of public record. The Committee will be reviewing the CDBG Grant funds and the allocation of social service funds. The next meeting of the Planning and Community Development Committee is scheduled for Monday, March 8, 1993 at 5:30 p.m. C. Public Works A3.6.4.4 Chairman Wagner reported the Public Works Committee met at 5:30 p.m. today and discussed Ordinance No. 4607 and the 37th Street LID (LID 341). The next meeting of the Public Works Committee is scheduled for Monday, March 15, 1993 at 5:30 p.m. D. Finance A3.6.4.4 Chair Barber reported that the Finance Committee met prior to the Council meeting at 7:00 p.m. to discuss Ordinance No. 4608, claims, and payroll. The next meeting of the Finance Committee is scheduled for Monday, March 15, 1993 at 7:00 p.m. IV. CONSENT AGENDA A. Minutes A3.6.2 1. Minutes of the February 16, 1993 regular Council meeting. B. Vouchers F4.9.2, F4.9.5 1. Claim numbers 80945 through 81263 in the amount of $402,995.31 and dated March I, 1993 1993. 2. Payroll numbers 188705 through 189165 in the amount of $649,307.96 covering the period February 18, 1993 through February 23, 1993. Motion by Council member Burns, second by Councilmember Brothers to approve Consent Agenda Items IV.A through IV.B.2. MOTION CARRIED UNANIMOUSLY. 6-0. V. OLD BUSINESS - None. AUBURN CITY COUNCIL MINUTES Page No. 7 March 1, 1993 VI. NEW BUSINESS A. Application No. MIS0002-93) A3.23.l MIS0002-93, 03.10.4 ADM0002-93 Council consideration on the decision of the Hearing Examiner to deny an Administrative Use Permit to allow the construction of a vehicle emission inspection facility to be located at 4122 B Place N.W. as requested under Application No. ADM0004-92. See I.D of these minutes for action on Application No. MIS0002-93. B. Application No. REZ0005-92 03.8 Application No. REZ0005-92 City Council to consider the request of Jack L. Jones for a rezone of property from R-4, Multi-Family Residential to C-3, Heavy Commercial, located at 12 and 18 "D" Street S. W. Motion by Councilmember Burns, second by Councilmember Borden to approve the rezone based on the Hearing Examiner's Findings of Fact, Conclusions and Conditions as outlined. MOTION CARRIED UNANIMOUSLY. 6-0. C. Application No. CUP0008-92 03.10.1 Application No. CUP0008-92 Council consideration on the request of Anthony Chung for a Conditional Use Permit to allow a mechanical amusement arcade within an existing facility located at 620 Auburn Way South, Suite I. See II.B of these minutes for action on Application No. CUP0008-92. VII. ORDINANCES AND RESOLUTIONS A. Ordinances I. Ordinance No. 4607 A3.5.5.l0, 01.2 An Ordinance of the City of Auburn, Washington, amending Auburn City Code Chapter 10.36 by adding three new sections pertaining to prohibited parking on city streets of semi-trailers and trailers. Motion by Councilmember Wagner, second by Councilmember Brothers to introduce and adopt Ordinance No. 4607 noting the need to correct the Section reference in the body of the second paragraph of Exhibit "A" to read Section 10.36.275. MOTION CARRIED UNANIMOUSLY. 6-0. AUBURN CITY COUNCIL MINUTES Page No. 8 March 1, 1993 2. Ordinance No. 4608 F6.4, Admin 3.5.5.5 An Ordinance of the City Council of the City of Auburn, Washington amending Chapter Auburn City Code Section 5.44.050 entitled "Tax-- Nonprofit or Charitable Organizations--Non-imposition When" to be in compliance with RCW 9.46.110. Motion by Councilmember Barber, second by Council member Weekley to introduce and adopt Ordinance No. 4608. MOTION CARRIED UNANIMOUSLY. 6-0. 3. Ordinance No. 4609 03.10.1 Application No. CUP0009-92 An Ordinance of the City of Auburn, Washington, providing for a Conditional Use Permit to allow the sale of water-ski boats on property zoned C-l (Light Commercial), located at 2015 "R" Street S.E., within the City of Auburn, Washington. Motion by Councilmember Burns, second by Councilmember Barber to introduce and adopt Ordinance No. 4609. MOTION CARRIED UNANIMOUSLY. 6-0. 4. Ordinance No. 4610 03.10.1 Application No. CUP0010-92 An Ordinance of the City of Auburn, Washington, providing for a Conditional Use Permit to allow a 1,560 square foot addition onto the North Fire Station on property zoned C-l (Light Commercial), located at 1101 "D" Street N.E., within the City of Auburn, Washington. Motion by Council members Burns, second by Councilmember Borden to introduce and adopt Ordinance No. 4610. MOTION CARRIED UNANIMOUSLY. 6-0. 5. Ordinance No. 4611 03.5 PL T0032-88 An Ordinance of the City Council of the City of Auburn, Washington, approving the Final Plat of Lakeland Hills Division No. 5 located in the southeasterly portion of Lakeland Hills development, within the City of Auburn, Washington, according to the plat on file with the Clerk of the City of Auburn. Motion by Councilmember Burns, second by Councilmember Barber to introduce and adopt Ordinance No. 4611. MOTION CARRIED UNANIMOUSLY. 6-0. AUBURN CITY COUNCIL MINUTES Page No.9 March 1, 1993 6. Ordinance No. 4612 03.5 Application No. PL TOOO 1-90 An Ordinance of the City Council of the City of Auburn, Washington, approving the Final Plat of Lakeland Hills Division No. 6 located on the east side of Lakeland Hills Division Nos. 2 and No. 3 extending south to the King-Pierce County line, within the City of Auburn, Washington, according to the plat on file with the Clerk of the City of Auburn. Motion by Councilmember Burns, second by Councilmember Borden to introduce and adopt Ordinance No. 4612. MOTION CARRIED UNANIMOUSLY. 6-0. 7. Ordinance No. 4613 A3.5.5.8, 04.7.3 An Ordinance of the City Council of the City of Auburn, Washington, amending Chapter 8.08 of the Auburn City Code entitled "Solid Waste", specifically Auburn City Code Section 8.08.170 entitled "Collection - Yard Waste Disposal" and Section 8.08.230 entitled "Collection Charges - Residential and Commercial Collections". Ordinance No. 4613 was withdrawn under I.D, Agenda Modifications, of these minutes. B. Resolutions 1. Resolution No. 2380 04.7.5 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Solid Waste Disposal Agreement between the City of Auburn, the Boeing Company and R.S.T. Disposal, Inc. Resolution No. 2380 was withdrawn under I.D, Agenda Modifications, of these minutes. 2. Resolution No. 2381 04.1.3.3 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. Motion by Councilmember Brothers, second by Councilmember Wagner to adopt Resolution No. 2381. MOTION CARRIED UNANIMOUSLY. 6-0. AUBURN CITY COUNCIL MINUTES Page No. 10 March I, 1993 3. Resolution No. 2383 F2.4.9 LID 341, 04.9.1 Project No. 502 A Resolution of the City Council of the City of Auburn, Washington, declaring its intention to order the construction of streets, curbs and gutters, sidewalks, storm drainage system, street illumination system, undergrounding of electrical power system and necessary appurtenances as required (Project No. 502) on 37th Street S.E. from "A" Street S.E. to "M" Street S.E. and "D" Street S.E. from 37th Street S.E. 200 feet south (east one-half only) within the City of Auburn, County of King, State of Washington; to create a local improvement district (LID No. 341) and to assess the cost and expense thereof against the properties specially benefited thereby; and to notify all persons who desire to object to the improvement and/or LID to appear and present their objections at a hearing before the Auburn City Council to be held April 5, 1993. Motion by Councilmember Wagner, second by Councilmember Burns to adopt Resolution No. 2383 as contained in the Agenda Modifications of these minutes under I.D. MOTION CARRIED UNANIMOUSLY. 6-0. 4. Resolution No. 2389 04 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute Addendum I to the agreement for professional services for contour mapping program between the City of Auburn and David C. Smith & Associates, Inc. Motion by Councilmember Wagner, second by Councilmember Weekley to introduce and adopt Resolution No. 2389. MOTION CARRIED UNANIMOUSLY. 6-0. VIII. MAYOR'S REPORT Mayor Roegner noted there was no need for an Executive Session. Mayor Roegner announced he appointed Dani Daskam as Deputy City Clerk, and she is assisting City Clerk Robin Wohlhueter at this evening's meeting. IX. ADJOURNMENT There being no further business to come ~:: 8:3~p.m Bob Roegner, Mayor 93A3-1 before the Auburn City Council, the meeting ~ ¿¡JM{Áú¿~ Robin WOhlhuetJ City Clerk