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HomeMy WebLinkAbout06-21-1993 cJtyOf' ~.~~ Auburn ~ YS/Jin~~ CITY OF AUBURN COUNCIL MEETING MINUTES June 21, 1993 7:30 p.m. I. CALL TO ORDER 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, Brothers, and Kurle. Staff members present included Fire Chief Bob Johnson, Personnel Director Pam Sime, Parks and Recreation Director Len Chapman, Police Chief Jake Evans, Finance Director Pat Dugan, Public Works Director Frank Currie, Planning Director Steve Lancaster, City Attorney Stephen Shelton, Police Lieutenant Marion Dukes, Fire Marshal Wayne Senter, Senior Engineer Dennis Selle, Utilities Engineer Rod Linja, City Engineer Dennis Dowdy, Senior Planner Lynn Rued, City Clerk Robin Wohlhueter, and Dani Daskam, Deputy Clerk. C. Announcements and Appointments I. Announcements AI.12 Mayor Roegner thanked Councilmembers who attended the Kids' Day celebration at Game Farm Park on June 18, 1993. Mayor Roegner also expressed his appreciation to the staff of the Parks and Recreation Department, Police Department, Fire Department, and other City departments who participated in and supported the annual Kid's Day events. 2. Appointments - None. D. Agenda Modifications - None. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. 1993-94 Auburn Downtown Association Budget A1.l0 1993-94 Budget The Auburn City Council to receive citizen comments for or against the proposed 1993-94 Budget for the Auburn Downtown Association. Mayor Roegner opened the public hearing. Seeing no requests for recognition with regard to the 1993-94 Auburn Downtown Association Budget, Mayor Roegner requested a motion to close the public hearing. AUBURN CITY COUNCIL MINUTES Page No. 2 June 21, 1993 Motion by Councilmember Burns, second by Councilmember Barber to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Resolution No. 2419 AI.IO, 1993-94 Budget A Resolution of the City Council of the City of Auburn, Washington, approving the proposed Auburn Downtown Association Budget for the period of July I, 1993 to June 30, 1994 as required by Ordinance No. 4293. Motion by Councilmember Burns, second by Councilmember Borden to adopt Resolution No. 2419. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Appeal File No. MIS0004-93 Appeal File No. MIS0009-93 A3.23.l0 MIS0004-93, A3.23.l0 MIS0009-93 This is an appeal filed by the Primark Corporation asking that the decision of the Hearing Examiner, to affirm the following determinations of the Planning Director, be overturned: That a surface mining permit would be required to undertake excavation proposed for the Nakiska Apartment project; and That the Conditional Use Permit issued under Auburn Ordinance No. 4308 approving the apartment project has expired and is null and void. The property subject to appeal is located east of "W" Street N.W., and west of the terminus of 15th Street N.W. Prior to opening the public hearing, Mayor Roegner briefly explained the public hearing process to be used this evening. He also stated the City Council has an extensive history of the issue and all information pertaining to this public hearing has been made available to them. Mayor Roegner said the City Council has read and considered all the information available to them and encouraged the proponents to submit any new information. Mayor Roegner opened the public hearing. Following a brief summary of the issues by Planning Director Steve Lancaster, Councilmember Borden disclosed that while walking the property under consideration she had a conversation with Gary Miller, a resident of the West Beverly Hills development. Councilmember Borden stated she does not feel this conversation will in any way effect her ability to make a fair decision tonight. Councilmember Burns disclosed he had a conversation with Maris Nixon, a resident of West Beverly Hills, who told him that she is opposed to this particular project. Councilmember Burns stated he does not feel this conversation will effect his ability to fairly hear or rule on this issue this evening. George A. Kresovich - 1221 Second Avenue, Seattle WA AUBURN CITY COUNCIL MINUTES Page No. 3 June 21, 1993 Mr. Kresovich, attorney representing the Primark Corporation made comments centered around the two issues before the Council this evening. Mr. Kresovich recounted the essential facts, and why he believes the Council should reverse the Hearing Examiner decision with regard to whether the surface mining permit is required for his client to proceed with construction of the apartment project authorized by the Conditional Use Permit that the City issued in 1988. Mr. Kresovich detailed the basis for his clients appeal based upon what they feel is in error of the determinations issued in a August 6, 1992 letter from the Planning Department. Referring to the Hearing Examiner's Decision under Findings of Fact number 45, and Auburn City Zoning Ordinance 18.62, Black's Law and the American Heritage Dictionaries pertaining to the definition of a Surface Mining Permit, Mr. Kresovich challenged the definition of the City's surface mining permit. He explained that the City does not have a specific definition of the term "mining" in the Zoning Code which leaves them with a common definition. He felt that since his clients will not export or sell any materials and that surface mining applies to such an activity, that in effect, his client will not be mining according to the definition. Therefore he said, a mining permit is not required per City Ordinance. Mr. Kresovich stated they are not suggesting, because they do not need a mining permit, that they should be able to proceed unregulated. Referring to Chapter 70 of the 1991 Uniform Building Code, Mr. Kresovich suggests they are regulated by a grading permit as part of the existing building permit application and should be allowed to proceed with construction of the apartment project. Mr. Kresovich discussed the second issue of whether or not the Conditional Use Permit issued by the City under Ordinance No. 4308 expired. Mr. Kresovich stated, pertaining to the Primark Nakiska Project, the Ordinance did not have a specific date of expiration, and further read Section 9 of Ordinance No. 4308 that "Construction of this project must commence within 18 months of the completion of the mining approved in the 1986 permit or this Conditional Use Permit shall be void." Under the mining permit, Lloyd constructed a road on Terrace Drive. They were allowed to continue through December 31, 1990. As of this date, Lloyd had taken no action, nor were they required, and the City did not expect them, to take any action to begin to restore the site. He said since that time, Lloyd's have removed and sold over 200 thousand cubic yards of material to bring Terrace Drive into the grade necessary for road construction as a condition of their mining permit, and as a contractual obligation with Primark to do this. Mr. Kresovich concluded that one of two situations must exist by allowing construction of Terrace Drive: that the construction is considered as part of the mining activity and surface mining continued to exist during construction; or construction of Terrace Drive is considered commencement of the construction of the Nakiska apartment project and results in non-expiration of the Conditional Use Permit. Mr. Kresovich discussed the remaining conditional requirements of the 1986 Surfacing Mining Permit as it pertains to Mr. Lloyd. If remaining to be completed on the surface mining permit is certification from the City that Lloyd's have completed the restoration then the period in the CUP has not yet begun to run; or, if the construction of Terrace Drive is the commencement of construction of the Nakiska project, then the CUP has not yet expired. Mr. AUBURN CITY COUNCIL MINUTES Page No.4 June 21, 1993 Kresovich maintains the City has had a valid Building Permit Application on file for and a half years before the CUP expired. He said it was unfair that it still exists today as not being issued. Mr. Kresovich asked the City Council to take action to reverse the Hearing Examiner's Decision that no surface mining permit is required, and that the Conditional Use Permit issued by the City in 1988 is still in effect. Steve Lancaster presented the staff report. Due to the amount of information, Mr. Lancaster said he will focus on the issues raised by the appellant this evening. The first issue is what constitutes surface mining under the City of Auburn's Zoning Code. Mr. Lancaster drew attention to the analysis provided in the Memorandum presented by the City Attorney to the Hearing Examiner which analyzes the meaning of "surface mining" under provisions of the City Code. Summarizing the analysis, located on page 2 through 6 of the Memorandum, and per Auburn City Code 18.62, Mr. Lancaster feels Mr. Kresovich is mis- interpreting the definition of surfacing mining. Mr. Lancaster pointed out just because the City chose to regulate grading activity does not negate its ability to regulate mining activities. Regarding the second issue raised, Mr. Lancaster responded to the arguments raised by Mr. Kresovich with regard to expiration of the Conditional Use Permit. He discussed the expiration of the Conditional Use Permit as it relates to the "completion of mining" approved in the 1986 permit. He said Ordinance No. 4113, Section 19 specifically states as it relates to the Surface mining permit, "the permit shall terminate at the end of 1990, at which time the operation shall be complete as to finished grades or the remainder of the site graded to acceptable slopes and hydroseeded." It is clear, he said, that the mining activity would cease at the end of 1990. With regard to restoration of the site, Mr. Lancaster explained the unfinished grades on the property would have to be stabilized by hydroseeding. He said it is clear in the Ordinances that the surface mining on the site was terminated at the end of 1990, and that the Conditional Use Permit was terminated 18 months after the expiration of the surface mining permit. Regarding whether or not the construction of Terrace Drive constitutes mining, he said it does not. Mr. Lancaster clarified that the construction of Terrace Drive should have been completed under the mining permit prior to expiration, but since the permit expired, Terrace Drive was constructed under an approved Public Facility Extension Agreement, and that is, by definition, not mining. Additionally, Mr. Lancaster disagreed with the appellant in how they could consider this as the beginning of construction of the apartment complex since it was not a condition of the apartment project but a condition of the surface mining permit. Mr. Lancaster finalized his comments by stating the record demonstrates that there have been and continue to be significant problems with the site such as storm drainage, and other issues. These issues, despite effort of the Engineering Division, have not been adequately addressed to the point where a permit can be issued for the project without impacts to soil erosion and storm drainage. Mr. Lancaster pointed out the City has made proper interpretations of the Zoning Code and the Ordinances as they relate to the surfacing mining permit. He said the City believes the Hearing Examiner's Decision should be upheld. AUBURN CITY COUNCIL MINUTES Page No. 5 June 21, 1993 Frank Currie showed the Video Tape designated as Attachment C Exhibit #6 of the record with regard to storm drainage. Mayor Roegner invited anyone in the audience to provide testimony. Raymond Bradley Auburn W A Raymond Bradley is president of the West Beverley Hills Homeowners Association. Mr. Bradley stated on behalf of other members of the Homeowners Association that they are opposed to this project. Based upon the ruling of the Planning Director and City Attorney, Mr. Bradley stated it appears the appellants legally cannot start construction without proper permits and that there is a financing concern. He said they want to encourage development of this site to single family which they feel is more compatible to their development. With high density development as proposed, Mr. Bradley expressed concern of traffic and noise. Mr. Bradley asked that the City deny the appeal and consider more appropriate development of this site. Maris Nickson - 523 Aaby Drive, Auburn W A Maris Nickson lives close the proposed construction site. She agrees with the City to deny the appeal of Primark Corporation. She indicated the city should be tough with zoning and mining regulations due to the problem of erosion. She felt the subject property proposed for an apartment development would be better served as a green belt or park. James Limric - 918 W Place NW, Auburn, WA Mr. Limric supports city staff its recommendation to deny the appeal because the area should be single family development and not multi-family. He complained that he has been looking at a stripped hillside since 1979, and there has been no attempt to restore the property. Frank Ives - 1531 14th Street N.W., Auburn WA Frank Ives lives at the bottom of the hill where the mud has ended up. Historically, he said, there is concentrated drainage coming down 15th Street N.W., and he does not believe development of this property should be delayed. Phillip Jenkins - 910 W Place NW, A ubun, W A Mr. Jenkins is a resident of West Beverely Hill development. Mr. Jenkins spoke in opposition of the development of the subject property because he felt multi- family development would lead to a transient type populations entering the elementary school near his home. Mr. Jenkins felt single family development would be more appropriate. Gary Anderson - 1016 W Street NW, Auburn, WA Mr. Anderson is a resident of West Beverely Hill development. He supports the staff recommendation to deny the appeal because single family development is more conducive to the area. Because his property is at the lowest point of the development, Mr. Anderson further explained the storm drainage problem he has been faced with. Bob Lloyd - 1920 South 340th, Federal Way, WA AUBURN CITY COUNCIL MINUTES Page No.6 June 21, 1993 Bob Lloyd is the owner of the subject property. Mr. Lloyd explained what happened 15 years ago when the mining permit was issued. He briefly explained that he agreed with the City to construct a 4-lane road going east and west using 30 acres. Giving up 30 acres plus the cost to construct the road, he said, the City agreed to allow high density development. Mr. Lloyd sympathized with the residents of West Beverly Hills, but he said, they knew about this development before their homes were constructed. Mr. Lloyd felt it was time for the City to live up to its part of the agreement. Mr. Lloyd discussed storm drainage problems surrounding and within the proposed property. Paul Luetke - 932 W Street N.W, Auburn WA Mr. Luetke is a resident of West Beverely Hills. Mr. Luetke pointed out he was not informed of the proposed apartment development to the east of him. Mr. Luetke believes that time frames should be met. Motion by Councilmember Burns, second by Councilmember Barber to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Mayor Roegner asked for questions from members of the Council. Councilmember Kurle asked for clarification of whether or not restoration of the site is complete in terms of the road, and if construction of Terrace Drive is part of the mining activity. Mr. Lancaser responded that construction of the grade for Terrace Drive, plus two lanes of pavement, was a condition of the Ordinance authorizing the surface mining permit. However, when the mining permit expired at the end of 1990, the other requirement of the Ordinance, including restoration and construction of Terrace Drive, remained in effect. Therefore, construction of Terrace Drive is being accomplished under a Facility Extension Agreement between the City and Lloyd Enterprises. Councilmember Borden questioned why Mr. Kresovich's client did not apply for an extension on the surface mining permit. Mr. Kresovich answered that Mr. Lloyd is the underlining owner, and the surface mining permit was issued to him and his clients. Mr. Kresovich acknowledged that the construction of Terrace Drive, the pavement of two lanes per Ordinance No. 4113, took place after expiration of the surface mining permit. He said construction of Terrace Drive and paving of two lanes is a condition of the mining permit that has to be done before restoration is complete. Mr. Lloyd stated he did not obtain another mining permit because they were so close to being done. Final comments centered around Councilmember Wagner's question with regard to the number of units allowed on the proposed property site. Steve Lancaster stated under the existing R-2 zoning on the property, it is primarily single family district, but a Conditional Use Permit could to allow 40% of the dwelling units to be attached units. Motion by Councilmember Burns, second by Councilmember Barber to affirm the decision of the Hearing Examiner to deny the appeal and to instruct the City Attorney to prepare the necessary Ordinance. AUBURN CITY COUNCIL MINUTES Page No. 7 June 21, 1993 MOTION CARRIED UNANIMOUSLY. 7-0. B. Audience Participation A3.6.5, 01.8 Lois Massingale -34721 - 31st Court SW, Federal Way, W A Mrs. Massingale spoke with regard to banning fireworks. Mrs. Massingale read from her written statement, which she presented as a Council exhibit. In her statement she explained how her late husband, John Massingale, working as a Special Agent for the Alcohol, Tabacco and Firearms (A TF) Unit, was fatally injured during the destruction of seized chemicals used in the manufacture of illegal fireworks. She stated that the terrible accident that killed her husband, who was an explosives expert, demonstrates the danger and unpredictability of the chemicals used in the manufacture of legal and illegal fireworks. Mrs. Massingale also stated that according to the A TF Explosive Incident Report for 1991, there have been more deaths and injuries due to legal fireworks than illegal fireworks during the preceding five years. On behalf of her son and herself, Mrs. Massingale requested that the Council consider banning the use of fireworks. C. Correspondence - None. III. COUNCIL COMMITTEE REPORTS A. Municipal Services A3.6.4.4 Chairman Brothers reported the Municipal Services Committee met today at 4:30 p.m. and discussed Ordinance No. 4630, which restricts the sale and discharge of fireworks within the City of Auburn. The Committee also discussed the surplus of City property. The next meeting of the Municipal Services Committee will be Tuesday, July 6, 1993 at 4:30 p.m. B. Planning & Community Development A3.6.4.4 Chairman Burns reported the Planning and Community Development Committee met this evening at 5:30 p.m. and discussed several items which appear on the Council agenda this evening and are recommended for approval. The next meeting of the Planning and Community Development Committee will be Monday, June 28, 1993 at 5:30 p.m. C. Public Works A3.6.4.4 Chairman Wagner reported the Public Works Committee met this evening at 5:30 p.m. and discussed an easement to Puget Power, a utility bill adjustment, and priority transportation projects. The next meeting of the Public Works Committee will be Tuesday, July 6, 1993 at 5:30 p.m. D. Finance A.3.6.4.4 Chair Barber reported the Finance Committee met at 7:00 p.m. prior to the Council meeting. Chair Barber reported the Committee discussed surplus old telephone equipment and claims and payroll vouchers. The next meeting of the Finance Committee will be Tuesday, July 6, 1993 at 7:00 p.m. AUBURN CITY COUNCIL MINUTES Page No.8 June 21, 1993 IV. CONSENT AGENDA A. Minutes I. Minutes of the June 7, 1993 regular Council meeting. B. Vouchers F4.9.2, F4.9.5 1. Claim numbers 83621 through 83949 in the amount of $1,313,540.44 and dated June 21, 1993. 2. Payroll numbers 192246 through 192859 in the amount of $859,646.10 covering the period of June 3, 1993 through June 15, 1993. C. Utility Bill Ad iustment F4.5.2 Recommend approval of utility adjustment to account 4.38.2100 in the amount of $181.77. D. Surplus Property 1. Finance Department F4.6.1 Recommend approval to surplus the following telephone equipment: Vantage 12 Key System Unit Vantage 48 Key System Unit 43 Vantage Telephone Sets II Northern Telecom ADM's 9 Class 2 45-watt transformers I Class 2 l6-watt transformer I Busyout T70 unit 3 Logic hands free units for SL-I telephones 2 Water damaged SL-I telephones I Northern Telephone Wall Phone 2-QPC 311 G Port Cards l-QPC 311 H Port Card 3-QPC 430B Port Cards 2-QPC 432B Port Cards l-QPC 432A Port Card 2. Police Deapartment Recommend approval to declare the following City property as surplus because it is no longer operable: I-Cellular phone, serial number 289CKU8039. AUBURN CITY COUNCIL MINUTES Page No.9 June 21, 1993 Motion by Councilmember Kurle, second by Councilmember Burns to approve Consent Agenda Items IV.A.I through IV.D.2. MOTION CARRIED UNANIMOUSLY. 7-0. V. OLD BUSINESS - None VI. NEW BUSINESS - None VII. ORDINANCES AND RESOLUTIONS A. Ordinances I. Ordinance No. 4630 01.8, 08.2, A3.5.5.8 An Ordinance of the City Council of the City of Auburn, Washington, amending Auburn City Code Chapter 8.24 entitled "Fireworks" to limit the discharge of common fireworks within the city limits of the city of Auburn to the hours of 9:00 a.m. to II :00 p.m. on July 4, only, and to restrict the sale of common fireworks to persons sixteen years of age and older. Motion by Councilmember Brothers, second by Councilmember Wagner to introduce and adopt Ordinance No. 4630. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Kurle commented he believes fireworks should be banned, but Ordinance No. 4630 is a significant step in limiting the use of fireworks. 2. Ordinance No. 4631 03.10.1 CUP0002-93 An Ordinance of the City of Auburn, Washington, providing for a Conditional Use permit to allow the construction of a 137.5 square foot increase of administrative office area on property zoned R-2 (Single Family Residential), located at 816 "F" Street S.E., within the City of Auburn, Washington. Motion by Councilmember Burns, second by Council member Borden to introduce and adopt Ordinance No. 4631. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Ordinance No. 4632 04.4.10.2, F4.3 An Ordinance of the City Council of the City of Auburn, Washington, amending Auburn City Code Chapter 2.72 entitled "Cemetery", and more specifically, amending Section 2.72.305 entitled "Welfare Burial". Motion by Councilmember Burns, second by Councilmember Barber to introduce and adopt Ordinance No. 4632. MOTION CARRIED UNANIMOUSLY. 7-0. AUBURN CITY COUNCIL MINUTES Page No. 10 June 21, 1993 4. Ordinance No. 4633 A3.4.1, F5.2.11 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the 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 Borden to introduce and adopt Ordinance No. 4633. MOTION CARRIED UNANIMOUSLY. 7-0. B. Resolutions 1. Resolution No. 2418 A3.13.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an easement to Puget Power for a seventy- five-foot wide strip of land located in GSA Park on City of Auburn property which is located West of "C" Street, Southwest, and North of 15th Street, Southwest. Motion by Councilmember Wagner, second by Councilmember Weekley to adopt Resolution No. 2418. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Resolution No. 2419 A 1.10, 1993-94 Budget A Resolution of the City Council of the City of Auburn, Washington, approving the proposed Auburn Downtown Association Budget for the period of July I, 1993 to June 30, 1994 as required by Ordinance No. 4293. Resolution No. 2419 was adopted under Item II.A.I of these minutes. 3. Resolution No. 2420 A3.l0 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 a contract with the City of Auburn Chamber of Commerce to administer the operation of the Business Improvement Area. Motion by Councilmember Burns, second by Councilmember Barber to adopt Resolution No. 2420. MOTION CARRIED UNANIMOUSLY. 7-0. AUBURN CITY COUNCIL MINUTES Page No. II June 21, 1993 4. Resolution No. 2421 03.5 PLTOOOI-93 A Resolution of the City Council of the City of Auburn, Washington, approving the preliminary plat of Smalkamish Rim Estates located on the North end of Foster A venue S.E., within the City of Auburn, Washington. Motion by Councilmember Burns, second by Councilmember Borden to adopt Resolution No. 2421. MOTION CARRIED UNANIMOUSLY. 7-0 5. Resolution No. 2422 F4.3, 04.4.10.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing proposed fees and charges at Mountain View Cemetery as authorized by Auburn City Code Section 2.72.300 entitled "Cemetery Fees and Charges". Motion by Councilmember Burns, second by Councilmember Barber to adopt Resolution No. 2422. MOTION CARRIED UNANIMOUSLY. 7-0. 6. Resolution No. 2423 A3.13.4, 05.2 White River Trail System A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Agreement for Professional Services between the City of Auburn and Bruce C. Allen & Associates for services relating to acquisition of property along the White River for park trail uses. Motion by Councilmember Burns, second by Councilmember Borden to approve Resolution No. 2423. MOTION CARRIED UNANIMOUSLY. 7-0. 7. Resolution No. 2424 AI.3,03.11 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Joint Cooperation Agreement between the City of Auburn and King County for purposes of the Home Investment Partnerships Program, relating to the National Affordable Housing of 1990, as amended. Motion by Councilmember Burns, second by Councilmember Barber to adopt Resolution No. 2424. MOTION CARRIED UNANIMOUSLY. 7-0. VIII. MA VOR'S REPORT - None. A. Executive Session - None. AUBURN CITY COUNCIL MINUTES Page No. 12 June 21, 1993 IX. ADJOURNMENT There being no adjourned at a 93M6-21 come before the Auburn City Council, the meeting fJ~tJWiUL~ Robin Wohlhueter, City Clerk