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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
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Robin WOhlhuetJ City Clerk