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HomeMy WebLinkAbout08-18-1986226 CITY OF AUBURN COUNCIL MEETING MINUTES August 18, 1986 7:30 p.m. CALL TO ORDER I. A. Flaq 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, Finance Director Pat Dugan; Police Chief Jake Evans, Fire Chief Bob Johnson; Planning Director Mary McCumber, Personnel Director Gretel Sloan, and Acting City Clerk Bonnie Middleton. Also in attendance was Senior Planner Lynn Rued. C. Announcements and Appointments Mayor Roegner respectfully requested confirmation of Bill Taylor and Rich Wagner to the Planning Commission. MOTION by Larson, Second by Walters to concur with the confirmation of Bill Taylor and Rich Wagner to the Planning Commission. MOTION CARRIED UNANIMOUSLY. D. Agenda Modifications Resolution 1706 regarding the 1987-1992 Comprehensive Six-year Street Program; Correspondence from Steven M. Steger regarding Application 31-86, Powell Investment Co.; Correspondence from Ken Bellamy, First City Developments Corp regarding City of Auburn Comprehensiwe Plan; Municipal Services minutes; Resolution 1703 City of Auburn Comprehensive Plan revisions; Revised Agenda Bill for New Pacific Development Corp (Application 28-86>; and Revised Agenda Bill for Harold Wynn (Application 12-86). CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE II. A. Public Hearings 1. Powell Investment Co. request a rezone from P-1 (Public Use District) to C-1 (Light Commercial) in the vicinity south of SR-18 between Auburn Way South and "D" Street S.E. (old City Fire Station Property) (31-86) Mayor Roegner noted that an appeal of the Planning Director's Findings of Nonsignificance was filed in the City Clerk's office by Mr. Steven Steger, and it was ruled to be a timely appeal. He indicated that as long as the appeal stands, it will stop any deliberations by the City Council until the Hearing Examiner reviews the Planning Director's Findings of � Fact and Conclusion. He did indicate, however, there would be a public hearing as scheduled. � 1 Steven Steaer (507 7th St. S.E) submitted a petition signed by homeowners. He said the purpose of the petition was to propose: (1) the elimination of the proposed two exits onto "D" Street S.E.; (2) the elimination of the proposed widening of "D" Street S.E.; and (31 the entrance(s) and exit(s> to the pro- posed development be entered and vacated directly from Auburn Way. Steger noted that the -1- � 22� AUBURN COUNCIL MINUTES PAGE TWO AUGUST 18, 1986 t J II. A. Public Hearings (Continued) traffic the City proposed to direct into the neighborhood would be too heavy. He did not believe that much traffic should be emptied into the residential area. He suggested a:ight-hand sign be installed to direct traffic out of the residential area onto Auburn Way. He stated the residents are not opposed to the development of the fire station property bu.t the impact it might have on the residential area around it. Clayton Leeson (627 6th St. S.E.) stated he lives directly adjacent to the proposed development area. He mentioned the dust problems and noise from trucks that exist now. Any development on the property would look better than what is there now, he said. He supported the proposed rezone. John Anderson (620 E St. S.E.) did not oppose the development of the lot, but did oppose the added traffic in front of his home and the widening of the street to three lanes. If that was approved, he said, I understand I would not be able to park in front of my house. He stated he has lived in that location for 30 years, and with the added traffic, it would be almost impossible to live there. Randy Mynatt (405 7th St. S.E.) stated that he did not tell anyone that they were going to put six lanes of traffic down 6th Street. He said he did not say anything about putting four lanes of traffic down 7th Street. We presented just what we were told which was that they were going to direct traffic down our streets coming off of "D" Street. That is what we asked the neighbors to get together on because we are all opposed to that, he said. ' Wallace Durham (518 6th St. S.E.) asked what would be the impact on 6th, 7th and Bth Streets as far as widening and costs. Mayor Roegner stated that this was not the time to answer questions. Durham stated he thought the area should be developed, but felt the information should be presented before the proposal is passed. He asked how the City acquired the property in question. He said that he had heard that the property had been donated�to the City for park use only some years aqo. � Larry McCormack (517 7th St. S.E.) stated he was not opposed to the McDonalds Restaurant or office buildings being built on the old fire station lot. He said that what he was opposed to was the added traffic on 6th, 7th and 8th which would increase crime. He had to install a six-foot fence around his backyard to prevent intruders. There are alternatives, he said, other than dumping the traffic into our neighborhood. Lorie Mynatt (405 7th St. S.E.) stated she was not opposed to the development of the property. She has lived in the neigh- borhood for 20 years. She was opposed to some 1,000 additional people driving through the street, and stated this would increase the traffic hazards terribly. She mentioned the troubles with the current roads and sidewalks and the increased potential of those problems. Landon Gibson (421 6th St. S.E.) supported the comments from the citizens and stated he was not opposed to the development of the property. He stated there were developments along the margins of the neighborhood including a doughnut shop and Dairy Queen. He mentioned the noise generated from Highway 18 imme- diately to the north, from Auburn Way and from "F" Street. Essentially what is there is an island of three streets which, within itself, is fairly quiet, he stated. His main concern was the early morning and late evening traffic which would -2- �28 \ AUBURN COUNCIL MINUTES PAGE THREE AUGUST 18, 1986 II. A. Public Hearings (Continued) potentially become unacceptable. Gibson stated there has to be some way for the traffic problems to be mitigated by shunting more of the traffic out onto Auburn Way. He felt the "right turn only" sign should be considered. Scott Tozer (1431 E. Main) stated he had lived.on 7th St. for approximately seven years and periodically had trouble with � cars using "F" Street to cut through to Auburn Way qoing 40 miles per hour. He suggested a park be constructed for childrens' safety. Vern Netzer (737 Market St., Kirklandl represented Powell investment. He confirmed the overall plan of the company. He stated there was no office planned for the site, but stricGly a fast food restaurant on a 5,000 foot pad for possibly a bank or another restaurant with a building in the back. Typical tenants would be a hairdresser, laundry mat, and dry cleaners. As a condition of the rezone, it was suggested by the Planning Commission to do a traffic study which would detail the number of trips that would be generated by the users, Netzer said. He said the ingress and egress will be very important to both the Powell Company and the residences. Collee❑ SteQer (507th 7th St. S.E.) reviewed the letter pre- sented to Planning Director McCumber regarding the request for an Environmental Impact Study. She mentioned the e,��ironmental checklist filed with the Planning Department by Powell Investment Co.. She said there were numerous questions on the checklist that were answered "no construction at this time." They did not address our concerns, she noted. She mentioned the aesthetics stated on the environmental checklist such as trees being removed and the height of the proposed structures. � She indicated that this was an easy way to pass over the questions by answering "no construction at THIS time." We know there are plans for construction because we have the proposed plans, she stated. "NO construction at this time" does not answer the questions, and that is why we have requested an Environmental Impact Statement. MOTION by Burns, SECOND by walters to close the public hearing. MOTION CARRIED UNANIMOUSLY. Mayor Roegner stated this issue would go to the Hearing Examiner on September 16, 1986. 2. Beneficial Development Co. request approval of the final Plat of Lakeland Hills, Division #4A located west of Mill Pond Drive and south of 47th Street S.E. right-of-way (undeveloped). (18-86) Russ Miller (22627 - 152nd S.E., Kent), a representative from Beneficial Development Co., stated that the plat filed was only for six lots and that there would be several divisions, this one being Division 4A. He confirmed that they were not requesting approval of all 20 lots at this time. Gail Matthus (4925 Mill Pond Loop) wondered what was planned for the six lots. Larry Bourn (5133 Mill Pond Loop) stated three divisions have been developed, and the homeowners are wondering if there are plans now for playgrounds and/or parks. MOTION by Burns, SECOND by Wisner to close the public hearing. MOTION CARRIED IJNANIMOUSLY. -3- � 22� AUBURN COUNCIL MINUTES PAGE FOUR AUGUST 18, 1986 II. A. Public Hearings.- Continued Planning Director McCumber stated the use would be six sinqle family lots. She also indicated that part of the overall development would dedicate some land for City park use, and the actual locations and type of park plans Len Chapman could elaborate on. , Parks Director Chapman indicated he had been working with the deve- loper, who was considering two different types of parks. Kurle asked when parks would be constructed. Chapman said he did not know when, but the developer will be required to donate the land for park use. � B. L _J Councilman Larson stated Division 4 is actually supposed to have 20 lots, and the final plat states only six lots. He asked what is qoing to happen to the other 14 lots. There was a lengthy discussion to determine and confirm that Division No. 4A included six lots of the twenty lot preliminary plat subdivision known as Lakeland Hills Division No. 4. Sr. Planner Lynn Rued confirmed that the Council had previously been provided a preliminary plat on all 20 lots, but that the final plat before the Council now was for final approval of six lots only. Rued stated that further action on the remaining 14 lots would have to come before the Council at a later time. Planning Director McCumber indicated that utilities are available now for the six lots and that when the developer is ready to deve- lop the remaining 14 lots, utilities will be required. MOTION by Burns, SECOND,by Wisner to approve the request for final plat of Lakeland Hills Division #4A, to include six lots only, based upon the Findings of Fact and request the City Attorny to prepare the necessary ordinance. MOTION CARRIED UNANZMOUSLY. 3. Resolution 1706 - Public Hearing on the 1987-1992 Comprehensive Six-year Street Program. No one spoke regarding this issue. Kurle to close the public hearing. Audience Participation MOTION by Larson, SECOND by MOTION CARRIED UNANIMOUSLY. 1. Rich Waqner (4925 Foster Avenue S.E.) spoke regarding the spe- cial planning area proposed for Mt. Rainier Vista. His con- cerns were that if the area is developed in a cluster, it may aggravate the eventual heavy density development within that 135 acres. He wanted to clarify, for the Council's benefit, that he did not think that preserved the rural character of southeast Auburn. He hoped Mr. Burns would report on the chemicals in the water supply. He stated that in 1984 the Washington State Legislature passed guidelines for comprehen- sive planners that made it their primary responsibility to look after the aquifers that feed the City water supply. He stated he was in the business of technology for the Weyerhaeuser Company and constantly deals with regulatory issues that deal with chemicals with respect to wood treating. It is an ' emerging technology, and the most recent reports available on the safety of that area are in the 1970s and early 1980s. That is an old technology base to act from in proposing to put any kind of heavy density development in the area of the aquifer, Wagner stated. 2. Walt Cowart (3432 53rd St. S.E.) made comments regarding Resolution 1703, the proposed development at Coal Creek Springs. He mentioned the fact that the Committee voted two to one to proceed with the 145 units on that property which is -4- 230 AUBURN COUNCIL MINUTES II. A. Public Hearings (Continued) PAGE FIVE AUGUST 18 located directly across from his house. He said Planninq Director McCumber's report (Page 30) said the City shall pro- tect Coal Creek Sprinqs in two ways: (1) by limiting the den- sity of one residence for four acres within a tributary of the water shed and by protecting Coal Creek Springs by designating Mt. Rainier Vista a"Special Planning Area;" and (2) the pri- mary consideration on Page 97 of the Special Planning report is to use and develop Mt. Rainier Vista to be a protection to the Coal Creek Springs water quality. Development types are not going to be allowed that would possibly sustain the risk, but the report does not eliminate any undue risk to this pro- perty. Cowart proposed that if there was going to be a deve- lopment in that area, the developer should have to post a bond with the City in the sum of $6 or $7 million to replace the water system, if there had to be a new system installed. 3. Dana Mower (6625 S. 190, Suite 102, Kent) a representative from Barghausen Consulting Engineers, Inc. spoke regarding the City of Auburn Comprehensive Plan's inconsistencies and submitted a map to the Council of rezoned areas. He stated that the pti- mary reason for the rezone for those particular properties from nonrural to rural was because people wanted to use the property in that area. The property owners which previously had their rezone requests granted have been denied complete use of their property and are not allowed to build sinqle family units. He stated the philosophical question the Council answered at the time of the original 500 acre rezone request, as well as the 40 and 30 acre rezone request, was whether or not we should allow a down zone in an area which otherwise would be encouraged to bring utilities out to the south Auburn area at a faster rate. The ordinance passed on May 5, 1986 states that this area is on the fringe of an area t� the east � that is being developed as rural suburban with lot sizes ranging from one-to five acres in size. There have been four recent rezones in our estimate in this area, Mower stated, that are currently designated rural zoned. There are no utilities supporting the existinq zoning. R-S zoning wou18 allow the property to be subdivided in four-acre parcele and develope8. The existing zoning will not allow one home to be built. The proposed rezone would be a down zone and would allow the owner to develop his property consistent with Ordinance 4057. in summary he stated he would like the Council to take into account the 40 acre parcel which seems to be identical to the remainder of the nearly 700 which has been previously rezoned into a rural designation. 4. Leon Stucki (724 W. HiCrest Dr.> thanked the Mayor and several of the City officials for answering some questions proposed at the August 4 Council meeting regarding the Lloyd property. He discussed three areas: (1) the pond; (2) the processing of materials on the land; and (3) the phasing plan. He stated there was supposedly a"phasing plan" submitted, but was surprised of its content...it was a picture. An adequate phasing plan, as mentioned in the ordinance, should have con- sisted of: (1) detailed plans illustrating in phases where the mining activity shall occur; (2) materials to be removed; (3) final slope configuration; and (4) the restoration of the area. � Stucki said the ordinance adopted, in Conclusion No. 2 of the Hearing Examiner's report says the materials shall be removed in phases in order to allow more effective management of the site. Specifically, one portion of the site should have gravel removed and completely restored prior to removing gravel from subsequent phases. This was a Findings of Fact and Conclusion from the Hearing Examiner's report, he said. -5- 2� AUBURN COUNCIL MINUTES PAGE SIX AUGUST 18. 1986 � , II. A. Public Hearings (Continued) Mr. Stucki said he found it interestinq that the City is not enforcing the designated vegetation line since the pond was constructed. He had asked staffinembers prior to the meetinq if the City had given consideration to alternative sites for the pond before it was arbitrarily allowed to be constructed in that area. The engineer seemed to think there might have been some reason to consider other sites and Mr. Stucki was disap- pointed that more investiqation was not done. Regarding materials, Mr. Stucki stated the ordinance specifi- cally said in Section 12 that this permit shall be for the removal of sand, gravel and earth materials only. Section 27 of the ordinance states that transporting of materials (sand, gravel and topsoil) to the mining site and subsequent pro- cessing shall be considered incidental to the opera��.on and shall consist only of materials excavated from a site being filled by the owner. Stucki stated that they are transporting sawdust and manure, and he would like the City's Comprehensive Plan to address odor pollution. Mel Lindbloom (2540 Forest Ridqe Dr. ) stated that with the City's concern to protect Coal Creek Springs, why is it encouraging a rural designation. If we developed our property on the four-acre plots, he stated, conceivably we could have 33 wells and 33 septic tanks. There is the possibility of penetrating the aquifer with the wells. If it is the concern of the City to protect_the Coal Creek Springs area, he said, maybe the City should purchase the land. If the City zones the Mt. Rainier Vista area as rural, would the City therefore per- mit us to develop access to our property with the same standard roads that Hidden Valley has at the present time, he asked. If the answer is no, is the City going to require Hidden Valley to bring roads up to standards, he asked. C. Correspondence 1. Appeal to Hearing Examiner's Public Hearing will be held 2. Letter from Steven M. Steqer Powell Investment Co. Decision from Perler September 2, 1986. regarding Application Photo. 31-86, 3. Letter from Ken Bellamy, First City Developments Corp. regar- ding the corporation's position on the City of Auburn Comprehensive Plan. COUNCIL COMMITTEE REPORTS III.A. Municipal Services Chairwoman Wisner reported minutes are a matter of public record. The next meeting will be August 28, 1986. LJ B. Planninq and Community Development Chairman Burns reported the minutes are a matter of public record. He reported the Committee discussed the issues of the Comprehensive Plan as they had been referred back to the Committee from the Council. The Enumclaw Plateau area was amended. It was suggested that the Comprehensive Plan be changed to a rural area with the idea that as the ability to provide services to that area deve- loped, the Council would look strongly towards changing that designation to an urban designation. The Committee also reaffirmed its recommendation that the Mt. Rainier Vista area be designated a Speclel Plnnning Area within the Comprehensive Plan. The next meetinq will be held August 26, 1986. C. Public Works Chairman Larson Council meeting. reported there had been no meeting since the last The next meeting will be held September 4, 1986 � 232 AUBURN COUNCIL MINUTES PAGE SEVEN AUGUST 18, 1986 III.D Finance Chairman Kurle reported the Finance Committee had met prior Council meeting. Subjects discussed were: Ordinance 4146 regarding budget reallocation; Resolution 1705 regarding Governmental Investment Pool; Interfund Loan in the amount $250,000; and payroll and claims vouchers. The minutes are matter of public record. The next meeting will be held on September 2, 1986. IV. Citizen Input - None CITIZEN INPUT CONSENT AGENDA to the of a V. A. Minutes - August 4, 1986 Regular Meeting. B. Vouchers 1. Payroll #118275-118655 in the amount of $388,920.29. 2. Claims �23821-24079 in�the amount of $973,429.02. C. Out of State Travel - Authorize Assistant Fire Marshal Wayne Senter to travel to the National Fire Academy in Emmitsburg, Maryland for the Fire/Arson Investigation Class October 27th through November 7, 1986. D. Chanqe Orders: 1. No. 7(Final) - St. Imp. 250 to R. W. Scott Construction Co. in the amount of $21,422.52. 2. No. 3(Final) - St. Imp. 268 in the amount of $734.44. E. Interfund Loan - Request interfund loan to General Fund 001 for $250,000 from Water Fund #430 at the rate of 5.208 from t 18 1986 to September 18, 1986. Augus , F. Call for Public Hearing - Approve revisions to the Auburn Park and Recreation Plan and adopt as an element of the Auburn Comprehensive Plan. Public hearing to be held September 2, 1986. MOTION BY Larson, SECOND by Wisner to approve Consent Agenda Items V A through V F. MOTION CARRIED UNANIMOUSLY. OLD BUSINESS Resolution 1703 - Adopts and approves a Comprehensive Plan for the City pursuant to the provisions of RCW Chapter 35A.63 of the laws of the State of Washington, designating its policies as guidelines for exer- cising the City's authority under SEPA, and directing that this resolu- tion and the Comprehensive Plan it adopts and approves be filed with the Auburn City Clerk and be available for public inspection. Councilman Burns reminded the Council that this matter was still on the floor as a motion made at the August 4, 1986 Council meeting. The motion as stated was for the approval of the Comprehensive Plan with the changes that had been made by the Planning Commission and the Planning and Community Development Committee. Burns asked that Resolution 1703 be approved including the changes made by the Planninq and Community Development Committee in its last meeting, as well as changes that were reflected in the agenda modification. He also asked that the vote on the motion be divided with the issue of the Mt. Rainier Vista Special Planning Area portion of that motion, and be set aside and dealt with immediately following the call for motion on the rest of the plan. MOTION by Burns, SECOND by walters to approve Resolution 1703, adoptinq the Comprehensive Plan as modified by the Planning Commission, with additional recommendations of the Planning and Community Development Committee (except for the issue of Mt. Rainier Vista which will be resolved with a separate vote) to be considered as part of the Comprehensive Plan. MOTION CARRIED UNANIMOUSLY. MOTION by Burns, SECOND by Walters, to approve designated as Special Planning Area within the recommended by the last meeting of the Planning Development Committee. -7- Mt. Rainier Vista area Comprehensive Plan as and Community , �J 1 � � 23� AUBURN COUNCIL MINUTES PAGE EIGHT AUGUST 18, 1986 VI. OLD BUSINESS (Continued) Councilperson Wisner noted that the minutes of the Planning and Community Development Committee reflected a nonunanimous vote. She reiterated her concerns regarding the water table in the Coal Creek Springs area and the water sources in the community. She mentioned that she had received numerous telephone calls prior to the meeting from concerned citizens. She urged the Council to think about water supply versus potential future development. She thought it very impor- tant to protect the City's water source. She sugqested progress proceed slowly and perhaps additional study be done to alert the Council of dangers to the water supply. Councilman Kurle stated there are experts that have assured us that water supply will not be damaged and there are experts that have assured us that the water supply will be damaged. There are risks, said. He noted the Comprehensive Plan designated this area as a "Special Planning Area." At which time that area is proposed to be developed, how will we study the damages to the aquifer when we have not been able to study it so far, he asked. the he Councilman Larson made comments on what 35 septic tanks couid possibly do to the aquifer versus putting up 145 houses in a clustered pattern and installinq sewers draining into Lakeland Hills Addition could do. He indicated that the designation of "Special Planning Area" would make the property very difficult to develop and therefore probably provide the most protection to the watershed. Councilman walters stated that maybe the best idea for the area would be to declare it an open space, but that the Special Planning Area designation provides more control over the area than the rural desiqna- tion. One of the provisions in the Special Planning Area for Mt. Rainier Vista stated the fact that no development would come if there was any risk to the City's water supply. He stated that he felt it a more appropriate and intelligent approach to prefer the Special Planning Area over the rural designation. Councilman Whittall agreed with Councilman Walters. He stated there were adequate provisions in the Special Planning Area to protect the aquifer which would insure that it is looked at very closely. Councilman Burns stated that no one can say if a rural designation with a sanitary septic system versus a sewer system is preferrable. When we have data to base our decisions on then we should act, he said. Councilman Brothers stated the risk to the water supply in the area is of paramount concern. He was opposed to the Mt. Rainier Vista develop- ment. MOTION CARRIED. Kurle, Wisner and Brothers voted no. Mayor Roegner complimented the staff on the preparation and management of the Comprehensive Plan and the many hours spent in its preparation. NEW BUSINESS VII A. New Pacific Development Corp, request for a Conditional Use Permit � for construction of multifamily housing on property zoned C-3 (Heavy Commerciall and located on the S.W, corner of 17th and "R" St. S.E. (28-86) MOTION by Burns, SECOND by Walters to approve the Conditional Use Permit based upon the Hearing Examiner's Findings of Fact and Conclusion and instruct the City Attorney to prepare the necessary ordinance. MOTION CARRIED UNANIMOUSLY. � � 234 AUBURN COUNCIL MINUTES PAGE NINE AUGUST 18, 1986 VII NEW BUSINESS (Continued) B. Harold Wynn request for a Special Property Use Permit for removal of approx. 125,000 cu. yds. of qravel on property zoned R-2 (Single Familyl with an existing SPU for gzavel removal and located on the south side of Auburn Way South in the 2100 block. (12-86) MOTION by Burns, SECOND by Wisner to deny the Property Use Permit based on the Hearing Examiner's Findings of Fact and Conclusion. MOTION CARRIED UNANIMOUSLY. Ordinances and Resolutions C. Ordinance 4146 - Authorizes the Mayor to accept Schedule "A" which relates to the City of Auburn 1986 Budget reallocation of funds in various accounts in several funds pursuant to RCW 35A.33.120. MOTION by Kurle, SECOND by Larson to adopt Ordinance 4146. MOTION CARRIED UNANIMOUSLY. D. Resolution 1705 - Authorizes the Mayor and Finance Director to exe- cute an authorization of City of Auburn monies in the Local Government Investment Pool. MOTION by Kurle, SECOND by Larson to adopt Resolution 1705. MOTION CARRIED. Councilwoman Wisner voted no. Councilwoman Wisner asked staffinembers questions regarding insurance on the Government Investment Pool. E. Resolution 1706 - Adopts the 198'7-1992 biennial revisions and extensions of the Comprehensive Street Program. MOTION by Larson, SECOND by Kurle to adopt Resolution 1706. MOTION CARRIED UNANIMOUSLY. VIII. IX. Councilman Larson requested the Planning and Community Development Committee to revise the landscaping ordinance. MAYOR'S REPORT MAYOR'S REPORT - none ADJOURNMENT - The meeting adjourned at 9:25 p.m. ������ Bon ie Middleton, Acting City Clerk � � '