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HomeMy WebLinkAbout07-21-1986�L . CITY OF AUBURN COUNCIL MEETING MINQTES July 21, 1986 7:30 p.m. CALL TO ORDER A. Flag Salute 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. Mayor Roegner led those in attendance in the pledge of allegiance. B. Roll Call Those in attendance included Mayor Bob Roegner, and Councilmembers Brothers, Burns, Kurle, Larson, Walters, Whittall, and Wisner. Staff inembers included City Attorney Jack Bereiter, Parks and Recreation Director Len Chapman, Public works Director Frank Currie, Deputy Finance Director Arlene Mempa; Police Chief Jake Evans, Fire Chief Bob Johnson; Planning Director Mary McCumber, Personnel Director Gretel Sloan, and City Clerk Darlene Parks. Also in attendance was Senior Planner Lynn Rued. C. Announcements and Appointments 1. Mayor Roegner thanked Councilmember Kurle for acting Pro Tem at the July 7, 1986 Council Meeting. Other Councilmembers were acknowledged for their assistance filling in during the Mayor's absence. as Mayor in 21 2. Finance Department Award for Conformance - The Washington Financial Officers Conformance Award was awarded to the Finance Department who has had four continuous years of good financial operations. The award was presented to the Finance Department and accepted by Deputy Finance Director Arlene Mempa. An award was also presented to Dan Clements, prior Finance Director, for his services involved with the City achievinq the Conformance Award. D. Agenda Modifications included Planning and Community Development Committee minutes, amendment of Consent Agenda Item V B 2, and attachments for New Business Items VI A and B. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE II. A. Public Hearinqs 1. Donald Cross appeal of the Hearing Examiner's decision deny a variance which would have allowed two compact parking spaces of the 18 full size spaces required for proposed 12-unit apartment development to be located at 2nd Street S.E. to a 323 Don Cross, agent for the applicant, said he had checked � apartments in the immediate area and none of them complied with the regulations for parking spaces. The proposed building would still have the same requirements if one unit was eliminated, and our building has more landscaping than other buildings in the area, Cross told the Council. No one spoke aqainst the appeal. MOTION by Burns, SECOND by Walters to close the public hearing. MOTION CARRIED UNANIMOUSLY -1- 212 \ AUBURN COUNCIL MINUTES PAGE TWO JULY 21, 1986 II. A. Public Hearings (continued) � 1. Brothers asked what the deminsions of the proposed building site were. It is 55' deep x 166' long, which fronts on 2nd Street and there is a 10 foot easement on the back which is to be used only by the adjoining proper�ty. The entrance will be located on 2nd Street. The rent for the two- bedroom luxury class apartments will be somewhere between $400-$500, Cross said. Kurle asked the staff about other apartments not meeting requirements. Most of the buildings are old and were built when there were no existing requirements of buildings, Lynn Rued responded. Larson asked about the driveway from Auburn Way South to the freeway. Rued responded that it is a private easement. The applicant needs to secure five feet to allow for egress and ingress. Whittall questioned the 10 foot easement. Rued responded the easement is not totally the applicant's. There needs to be an additional 20 feet over and above to serve his property. The applicant only controls 5 feet, he does not control the north 5 feet. Whittall supported the appeal. Brothers felt the apartment would be an improvement, but adding additional units and parking would be inappropriate unless it meets the codes. He recommended the appeal be denied. MOTION by Burns, SECOND by Walters to approve the variance and deny the Hearing Examiner's decision. Brothers, Kurle and Whittall voted no. MOTION CARRIED 2. Carwash Enterprises, Inc. request to rezone from R-3 (DUplex) to C-3 (Heavy Commerciall property located on the southeast corner of 8th and "D" Streets S.E. No one spoke for or SECOND by Wisner to CARRIED UNANIMOUSLY against the rezone. MOTION by Burns, close the public hearing. MOTION MOTION by Burns, SECOND by Walters to approve the rezone based upon the Findings of Fact and Conditions, and to instruct the City Attoreey to prepare the necessary ordi- nance. MOTION CARRIED UNANIMOUSLY 3. Georqe and Ethvl Lyden request to rezone from C-1 (Light Commercial) to C-3 (Heavy Commercial) property located at 1112 Auburn Way North. Brenda Supasatit, 2005 Hemlock St. S.E., represented George and Ethyl Lyden, landlords, and who were present at the meeting. Supasatit and her husband operates a used car dealership business. Pictures and a map of the business were distributed to the Council. Her concern was the notification they received from the Planning Department stating their auto dealership was non- compliance to a C-1 zoning, and they would have to move elsewhere. By referring to the Comprehensive Plan dated December 1985 they decided to request a rezoning to C-3 (Heavy Commercial) based on the following City objectives: compatibility, transitional redevelopment of residential -2- � � � AUBURN COUNCIL MINUTES II � r �J A. Public Hearings (continued) PAGE THREE 21 JULY 21, 1986 3. areas, economic stability and consistency with overall policy direction. Compatibility - there are no plans to develop on the property, the lawn and woods to the east provide an ade- guate buffer between the residential neiqhbor to the east, and the existing on-site structure and parking lot entails one third of the frontage which leaves an 80 feet buffer zone to the east and an additional 100 feet of natural vegetation beyond that to the end of the lot. The proposed use will be low intensity in nature, have an average of ten or less customers per day, would operate between the hours of mid- morning and generally to 7:00 p.m., the premises will be maintained and well lighted at night, and the noise level will be minimal, stated Supasatit. Transitional redevelop- ment of older residential areas - there exists a slow tran- sitional redevelopment of a commercially zoned residential strip located on the east side of Auburn Way North between lOth and 12th Streets N.E., and a slow transition exists from older residential to M-1 (Light Industriall on the west side. The approval to allow the dealership to remain would be a continuation of the rehabilitation step. Economic - the auto dealership provides income for the owners of the property, business operators, and local auto related businesses. Consistency with overall policv direction - Supasatit felt the Planning Department's claim that the auto dealership is more disruptive to easterly residences than the existing per- mitted business allowed under the C-1 zoning is erroneous. A denial of the auto dealership to continue in the location for the reasons of inconsistency and incompatibility would be discriminatory. In conclusion, she encouraged the Council to allow flexibility and grant the rezone, a Conditional Use Permit, or whatever was deemed appropriate so the business may continue in the location. MOTION by Burns, SECOND by Walters to close the public hearing. MOTION CARRIED UNANIMOUSLY Kurle questioned why the present zoning would allow a new car dealership, but not a used car dealership. Kurle's concern was what other businesses the C-3 zoning would allow. He was against the rezoning, but asked if the business could operate until the zoning law was reviewed. McCumber said the denial was recommended because of other uses that could be allowed there. The east side of Auburn Way North is zoned for less intensive uses. The area was considered by the Planning Department and community and determined that Auburn Way North would be zoned a Region Serving Area. Lighter commercial was zoned to the east - older existing designated areas. The area above 15th was zoned C-3. The probable uses allowed in a C-3 zone were read. Walters asked if the Supasatits felt their business was allowed when they applied for their business license. The Supasatits did not check with the location prior to license application. They had been operating a half block from the proposed location. A discussion was made on the conditions a previous motorcycle shop had at the location. Walters con- curred with Kurle to allow a new and not a used car dealership in a C-1 zone. Instead of a rezone a contract rezone could be possible, but there must be a public benefit. Larson said an ordinance and ideas have changed. way to do anything. The He felt if the zoning was should be good for a used -3- was passed in the past, but times Under the circumstances there is no rezone would open it for anything. good for a new car dealership it one. 214 � AUBURN COUNCIL MINUTES PAGE FOUR JULY 21, 1986 II. A. ia C. Public Hearings (continue) 3. whittall asked McCumber if in the future the issue discussed would be excluded. McCumber said the Planning Commission has asked to look at it and rewrite the code. They expect to resolve it and make a recommendation to the Planning Commission in the fall and then to the Council at the end of the year. Whittall asked about improvements the Supasatit had done to the proposed business location. Painting and cleaning were the only improvements done. Brothers concurred with Walters and Kurle that the definition is ambiguous. He felt there is a public benefit because the business is active and growing, and because the business owners are Auburn citizens that operate a well kept business without intruding on the neighborhood, but he did not favor spot rezoning in general. MOTION by Whittall to refer the item to the Planning and Community Development Committee, SECOND by Burns. MOTION CARRIED UNANIMOUSLY 4. Proposed revisions to Chapter 18.58 Off-Street Parkinq and Loading Ordinance of the City of Auburn Zoning Ordinance 1702. No one spoke for or against the hearing. MOTION by Larson, SECOND by Whittall to close the public hearing. MOTION CARRIED UNANIMOUSLY MOTION by Burns, SECOND by Walters to approve the revisions to the Parking Ordinance Chapter 18.58, and to instruct the City Attorney to prepare the necessary ordinance. MOTION CARRIED UNANIMOUSLY Audience Participation - None Correspondence - None COUNCIL COMMITTEE REPORTS III. A. Municipal Services Chairwoman Wisner reported the July 17, 1986 Committee meeting had been cancelled. The next meeting will be July 31. B. PlanninQ & Community DeveloPment Chairman Burns reported the Committee met on July 15. Minutes are of public record. The next meeting will be held on July 29. C. Public Works Chairman Larson reported the Committee met on July 10. Minutes are of public record. The next meeting will be held July 24 at 7:30 p.m. Councilmembers were invited to attend the meeting which planned to have a speaker from the Puget Sound Council of Governments for this region. D. Finance Chairman Kurle reported the Committee met at 6:30 p.m. prior to the Council meeting. It was recommended that the Council approve the vouchers and interfund loan as under Consent Agenda. -4- � ' � � AUBURN COUNCIL MINUTES PAGE FIVE ' JULY 21, 1986 � � ITI. Council Committee Reports (continued) IV. D. The following motion was made to reaffirm what transpired in the Council Executive Session of July 7, 1986. MOTION by Kurle, SECOND by Whittall to the old fire station site in the amount and Wisner voted no. MOTION CARRIED Citizen Input - None CITIZEN INPUT CONSENT AGENDA authorize the sale of of $685.,000.00. Burns V. A. Minutes - July 7, 1986 Regular Meeting. B. Vouchers 1. Payroll #117646-117714 in the amount of $59,505.34. 2. Claims #23031-23499 in the amount of $629,691.40. C. Interfund Loans on the following LIDS at the rate of 7$ interest for the period of 7/30/86 to 7/30/87. 1. LID 334 in the amount of $153,000.00 from Fund 430 Water Fund. 2. LID 335 in the amount of $12,000.00 from Fund 102 Arterial Street Fund. 3. LID 337 in the amount of $100,000.00 from Fund 430 Water Fund. D. Out-of-State-Travel for Firefighter Rich Schneider to attend the Colorado Training Institute Hazardous Material In Depth Study on September 8-19, 1986. E. Surplus of the following items: 1. Fire Department diesel engine block and related parts (MACK ENDT673A) from Engine Company 35 (apparatus 05). 2. Public Works Department various radio equipment as listed on agenda bill. F. Call for Public Hearinvs 1. For the adoption of the 1987-1992 Six-Year Street Program. Hearing to be held at the August 18, 1986 Council Meeting. 2. To receive testimony on the proposed Comprehensive Plan. Hearing to be held at the August 4, 1986 Council Meeting. G. Final Pay Estimates: 1. No. 1 to M.A. Segale, Inc. for construction of Cemetery Imp. #1 in the amount of $19,924.48. 2. No. 8 to M.A. Segale, Inc. for construction of LID 332 in the amount of $19,597.60. H. Utility Bill Adjustments 1. Acc. #123-0030 in the amount of $269.70. 2. Acc. #319-2160 in the amount of $126.15. ' VI. MOTION by Larson, SECOND by Wisner A through H with the exception that CARRIED UNANIMOUSLY A. Proposed revis Auburn Zoning premise signs. OLD BUSINESS to approve Consent Agenda Items Item D be withdrawn. MOTION 18.62.060(C)f13) of the City of pertaining to freestanding off- Kurle questioned if a politician would be able to advertise. City Attorney Bereiter responded, there would be certain constraits. He did not feel an SIR race date would fall under the first amendment. A church could advertise, and a magazine probable could not. -5- 216 \ AUBURN COUNCIL MINUTES PAGE SIX JULY 21, 1986 VI. Old Business (continued) A. The ordinance would not pertain to existing signs. The signs would be new signs between now and March 31, 1987. The sign would have to be located no less than 500 feet from the business it is intended to advertise. Kurle felt the ordinance was not written very well•. Whittall asked how many applications have been submitted since the July 7 Council meetinq. McCumber responded five have come in - 2 signs have been put up, 2 permits have been issued, and. one pending. Larson said the value of the sign will be increased if there will be no more competition. Brothers concurred with Larson. The value of the ordinance as it is written is one that eliminates clutter of signs until March 1987, which Brothers favored. A discussion on the sunset provision was made. MOTION by Burns, SECOND by Walters to introduce and adopt Ordinance 1702, inclusive of the sunset clause. Whittall and Larson voted no. MOTION CARRIED B. Resolution 1696 - Relates to the proposed vacation of street right-of-way, situated on that portion of land designated as a public street located south of the cul-de-sac and just north of State Highway 18. MOTION by Larson, SECOND by Whittall to refer Resolution 1696 back to the Public Works Committee. MOTION CARRIED UNANIMOUSLY NEW BUSINESS VII. Ordinances and Resolutions A. Ordinance 4144 - Amends and adds new sections to Auburn Codified City Ordinance Chapter 10.36 relaY.ing to prohibited parking areas. MOTION by Burns, SECOND by Walters to introduce and adopt Ordinance 4144. MOTION CARRIED UNANIMOUSLY B. Ordinance 4145 - Provides for a Conditional Use Permit on pr.o- perty zoned R-4/CUP to allow a church in an existing building located at 1340 "M" Street S.E. MOTION by Burns, SECOND BY Walters to introduce and adopt Ordinance 4145. MOTION CARRIED UNANIMOUSLY C. Resolution 1701 - Approves the Preliminary Plat to be known as Lakeland Hills Division No. 4 located at the west side of the intersection of Mill Pond Drive and Mill Pond Loop consisting of 5.2 acres on property zoned R-2. MOTION by Burns, SECOND by Walters to adopt Resolution 1701. MOTION CARRIED UNANIMOUSLY VIII. Mavor's Report - None IX. T� meeting Roegner, MAYOR'S REPORT ADJOURNMENT adjourned at 8:45 p.m. � �����i �� Darlene L. Parks, City Clerk � i ,