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HomeMy WebLinkAbout05-01-1989� •, CITY OF AUBURN CITY COUNCIL MEETING MINUTES May 1, 1989 7:30 p.m. 1. 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. Flae Salute Led by Mike Morris Boy Scout Pack 784 posted the colors of the flag. Participating scouts included: Danny Crangle; Joshua Braciley; Adam Peterson; Jess Sheneberger; Jonathon Moore; Gary Miller; Matthew Swart; Aaron Philson, Kevin Sampson; Kyle Flores; Joshua Miller; Chris Shape; Wayne Salus; Matthew Salus; Brandon Fellows; Brian Riffle; Colin Peterson; Mike Bradley; Janet Bradley; Ruth McGreyor; Andrew Bradley; Dustin Davison; Kyle Johnston; Brett McCarty; Chris Tipton; and Wade Watkinson. B. Roll Call Those in attendance inciude Mayor Bob Roegner and Councilmembers Whittall, Roland, Brothers, and Kur1e. Councitmembers Walters, Larson, and Burns were excused. Staff inembers in attendance include Police Chief Jake Evans, Police Captain Bill Pitzl, Fire Ch;ef Bob Johnson, F;re Marshal Wayne Senter, Personnel Director Gretel Sloan, Parks & Recreation Director Len Chapman, Finance Director Pat Dugan, Public Works Director Frank Currie, Building Official Alice Conrad, Planning Director Mary McCumber, Senior Planner Lynn Rued, City Attorney Marguerite Schellentrager, and City Clerk Robin Wohlhueter. C. Announcements and Anoointments Announcements Prior to continuing with Council agenda items, Mayor Roegner regretfully informed those ii Councilmember Walters' son members and friends. attendance of the death of Jim, and expressed syropathy to family Elder Alert Protection Svstem Mayor Roegner continued his comments by explaining the "Elder Alert Protection System program co-sponsored by Unicare, new owners of Green River Terrace Nursing Center, and the City of Auburn Fire Department. Displaying a fluorescent orange tube type cylinder, Mayor Roegner stated the purpose of [his program is to provide emergency personnel with healdi information of the patient resident such as medical history, types of inedications they are taking, or any allergies to medications. The florescent cylinder is placed in the refrigerator with a sticker placed on the outside refrigerator door to , , CITY OP AUBURN COUNCIL MEETING May I, 1989 indicate to emergency personnel that health information is located inside. a. Proclamations Older Americans Month/Senior Center Week Mayor Roegner presented 'a proclamation to Wayne Kelly and his daughter Hazel Thrasher declaring the Month of May, 1989 as "Older ' Americans Month", and the week of May 7, 1989, as "Senior Center Week". As in the four previous years Wayne Kelly, age 99 years old, accepted the proclamation on behalf of all "Older Americans". , � National Public Works Week Mayor Roegner presented a proclamation to Public Works Director Frank Currie declaring the week of May 21 through 27, 1989 as "National Public Works Week". Municioal Clerk's Week Mayor Roegner presented City Clerk Robin Wohlhueter a proclamation declaring the week of May 7 through 13, 1989 as Municipal Clerk's Week. 2. Apoointments - None. D. Aaenda Modifications Agenda modifications are noted under Council agenda items II.A.I resubmitting documents pertaining to Application No. 56A-89 for clarity; II.C.I.& 2 transmitting letters received by the City of Auburn from Wesiey & Ann Stephens & Lillian Williams regarding Application No. 56A-89; II.A. forwarding minutes ro the April 27, 1989 Municipal Services Committee meeting; and VII.A. 2. 3. 4. 5. 6. & 7 recommending referral back to the committee for further review. II. CITIZEN INPUT. PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearines Annlication No. 56A-89 An amendment to the Auburn Zoning Code which addresses the recreationat vehicles being used a living units in the RMHP (Residential Manufactured Home Park District). Prior to opening the public hearing Mayor Roegner requested a brief update from Planning Director Mary McCumber. Mary McCumber stated the City of Auburn has had a Iong history of recognizing the need for affordable housing within the community. The city has planned for multi-family and single family growth. In order to help decrease the cost of housing, the city has within its single family areas provided for small lot development. Ms. McCumber discussed Auburn's treatment of mobile homes as single family units. Along with design requirements mobile homes can be PAGE 2 109 110 CITY OF AUBURN COUNCIL MEETING May 1, 1989 placed on lots in single family areas, and the City has approved, through the years, a number of mobile home parks. Initially, the recreational vehicle issue started as a land use issue; whether or not recreational vehicles should be permitted as living units within the city's mobile home parks. Ms. McCumber noted the differences between mobile homes and recreational vehicles as defined by code, and pointed out that recreation vehicles are considered seasonal, recreational, temporary units, and located in commercial and institutional zones within the city. ' Mary McCumber stated that the staff's initial recommendation was to allow ]0%0 of the units within the existing mobile home parks to be recreational vehicle units, plus siting and safe[y requirements, and to (imit the impacts on the residental nature of mobile home parks and adjacent areas. Additional discussion centered around p�oblems associated with the city recognizing seasonal recreational vehicles as long term permanent living units. The Public Works Department, Building Official, Planning Department, & Fire Department reviewed the differences between the construction standards for long term living units. As a result the staff changed their recommendations to the Council. Ms. McCumber stated the amendment before the Council is to amend the zoning code to recognize the existing recreational vehicles to allow continued use of mobile home parks, but would not recognize recreational vehicles as long term permanent units. The recreational vehicles could not be replaced with another recreational vehicle once a current tenant owning a recreationat vehicle leaves the park permanently. Existing recreational vehicle tenants would not be affected by this change unless they left the park permanently. Addressing the concern of the amendment being a hardship for the owner, Mary McCumber identified solutions when the recreational , vehicles leave permanently. The vacant Iots could be replaced with a small mobile home or the vacant spaces could be combined with other lots for a larger mobile home in the future. Mayor Roegner opened the public hearing. Steve Henderson 2424 Evergreen Park, Olympia, WA Steve Henderson, Attorney representing Steve Hynes who is the owner of Skylark Mobile Home Village I& II. Mr. Henderson stated on behatf of his client, that they are opposed to the amendment to the zoning code. Mr. Henderson remarked that the park has been in existence since 1958 originally being called a trailer park. The zoning code in effect at that time did not distinguish between mobile homes or recreational vehicles. Mr. Henderson stated the mobile home parks provide affordable safe housing and there is no need to change. If the amendment is approved and recreational vehicles are vacated there is no alternative to replace them. Lots are too small and internal lines PAGE 3 � �� � � ' L__J , � CITY OF AUBURN COUNCIL MEETING May I, 1989 have to be redrawn; therefore, the whole area should be allowed to stay in its current use. Steve Hvnes - Suite 210, 1511 Bellevue Avenue, West Vancouver, British Columbia V7VIA6 Steve Hynes, owner of Skylark Village Mobile Home Park. Steve Hynes stated that most of the people in Auburn are not in favor of the proposed zoning change. Mr. Hynes furthered discussion around his disagreement with staff recommendations and comments. Mr. Hynes disagrees with staff comments of electrical extensions for mobile homes, building standards for mobile homes safety concerns. Mr. Hynes held up an example of an extension cord used for small recreational vehicles. 'The extension cord is UL approved, state approved, weather proofed, and designed and suitable for the purpose it is intended. Mr. Hynes stated spaces in Skylark I have been there for thirty years and have been used for recreational vehicle spaces. The spaces are grandfathered in. Finally, Mr. Hynes identified that the proposed zoning code change would sterilize a significant capital investment, and by combining lots wouid eliminate two-thirds of the revenue. An expenditure of between fifty and seventy-five thousand doilars is required to develop spaces which would impact the people in the mobiie home park. Mr. Hynes recommended the Council drop the zoning change or rezone an area of the park to include recreational vehicles. Russell Austin - 47th Floor of Columbia Center, Seattle, WA Mr. Austin, Attorney litigating mobile home law for approximately thirty years, briefed the Council on the case of Christine Work who in 1964 was arrested for living in a vehicle, a 36 foot long mobile home. She was convicted for living in a mobile home. The case went to the Supreme Court, and in 1967 it was determined that her mobile home was a home. Mr. Austin stated the laws regulating mobile homes have changed but are still directed at safety, health, and sanitation. Mr. Austin briefly discussed the history of Skylark Village which was originally created for recreational vehicles. Mr. Austin continued his comments by requesting the Council not adopt this ordinance because the Skylark Mobile home parks are needed and provide affordable safe housing. If adopted, Mr. Austin recommended a resolution to delay enforcement of the ordinance in order to test it. Jack Lioscomb - 900 29th Street S.E., Auburn, WA 98002 Jack Lipscomb, resident of Skylark I Mobile Home Park, pointed out that as a 7'rustee of the Skylark I& II Chapters he has discussed these questions with residents. There is only one resident who has voiced an objection to allowing recreational vehicles in the park. Mr. Lipscomb remarked the attendance of those in the audience tonight represents residents who are here supporting Mr. Hynes' position. Mr. Lipscomb pointed out the Planning Commission is in error when they stated recreational vehicles are for temporary or short term use when ads PAGE 4 111 112 C[TY OF AUBURN COUNCIL MEETING May 1, 1989 appearing in the newspaper for recreationai vehicles state for living or short term occupancy. Mr. l,ipscomb stated the recreational vehicles are safe. Edward Tone - 909 29th Street N.E., Auburn, WA Edward Tope, resident of Skylark Village, expressed concern about the rising cost of rental spaces for mobile homes. Mr. Tope stated that if Mr. Hynes loses thirty-nine recreational vehicle spaces Mr. Tope's rent goes up, and with a fixed income this would be a hardship for him. Teresa Center - 909 29th Street N.E., Auburn, WA Teresa Center, resident oC Skylark Village i who lives in an recreational vehicle, expressed concern with the cost of living especially at $164.00 per month. Teresa Center asked where people would go ro find a place to live that will not cost anymore than what we are paying now. Discussion centered around costs associated with approving the proposed amendment. ,Tohn Jensen - 18425 N.E. 95th Street, Space 214, Redmond, WA 98052. John Jensen lives in a mobile home park in Redmond. Mr. Jensen's comments centered around his concern at finding people dislocated from mobile home parks. Mr. Jensen mentioned a number of organizations he is affiliated with. He is a representative of Mobile Homes of America since 1952, and serves on the Mobile Home and RV Safery Committee for the National Fire Prevention Association. Mr. Jensen brought to the Council's attention, that two years ago the state supported a Washington State Housing Needs Study. The study presents a lack of sufficient affordable housing. Mr. ]ensen provides a network for working with people that are being displaced from mobile home parks. Mr. Jensen requested the Council consider the change closely looking at transition of the population out of affordable housing. Randal Smith - 909 29th Street S.E., Auburn, Wa Randal Smith, resident of Skylark Village 1, questioned the number of recreational vehides within the Ciry of Auburn and the impact they have. Mary McCumber answered there are thirty-one recreational vehic(es within the mobile home parks, twenty-eight of those are in Skylark I & fI. Jean Lawrence - 909 29th Street S.E., Auburn, WA 98002 Jean Lawrence, resident of Skylark Village II, is concerned as a recent mobile home owner. Ms. Lawrence briefly stated she bought a mobile home for safety reasons, and to obtain a quality of fife not obtainable in an apartment. PAGE 5 �\ �I�I � , CITY OF AUBURN COUNCIL MEETING ' � C. � May 1, 1989 Motion by Councilmember Kurle, second by Councilmember Whittall to close the public hearing. MOTION CARRIED UNANIMOUSLY. 4-0. Motion by Councilmember Kurle, second by Councilmember Whittall to table the decision on App(ication No. 56A-89 until the next Council meeting. MOTION CARRIED UNANIMOUSLY. 4-0. Mayor Roegner announced that the decision will be carried over to the next regularly scheduled Council meeting which is Monday, May I5, 1989 at 730 p.m. at which time we will have the benefit of the full Council. Mayor Roegner also stated that the tapes of the hearing will be provided to the absent Councilmembers so that they can listen to the testimony presented at the public hearing to assist them in their deliberations. Audience Particioation - None. Corresoondence Aonlication No. 56A-89 Letter dated April 14, 1989 from Stephen A. Hynes, owner of Skylark Village Mobile Home Park and Skylark II Village Mobile Home Parks, regarding Application No. 56A-89. 2. Letter dated April 24, 1989 from Herman Bracy, resident of Skylark II Village Mobile Home Park, regarding Application No. 56A-89. 3. Letter dated April 25, 1989 from Jack A. Lipscomb, resident of Skylark Viilage Mobile Home Park, regarding Application No. 56A-89. III. COUNCIL COMMITTEE REPORTS A. Municinal Services Chairman Whittall reported the Municipal Services Committee minutes of April 27, 1989 are of public record. The next Municipal Services Committee meeting will be May 11, 1989 at 5:30 p.m. B. Pl�nnine & Communitv Develonment Vice-Chairman Kurle stated the Planning & Community Development Committee met on April 25, 1989 and the minutes are of public record. The next meeting will be May 9, (989 at 7:30 p.m. PAGE 6 , 113 114 C1TY OF AUBURN COUNCIL MEETING May t, 1989 C. Public Works Chairman Kurle reported the Public Works Committee mec prior to the Council meeting this evening at 530 p.m. The minutes of the April I7, 1989 meeting are of public record. The next meeting of the Public Works Committee is scheduled for May 15, 1989, at 5:30 p.m. D. Financ Vice-Chairman Whittall stated the Finance Committee met prior to the Council meeting tonight. The next Finance Committee meeting will be prior to the regular Council meeting on May 15, 1989 at 7:00 p.m. IV. CONSENT AGENDA A. Minutes 1. April 17, 1989 regular Council meeting. B. Vouchers Claim numbers #444443 through 3t44936 in the amount of $887,824.19. Payroll tt143708 through #144149 in the amount of $463,491.37. C. ANXI- City Council to authorize the Planning Department to preUare an annexation petition which has to be signed by property owners representing 7596 of the assessed valuation. D. Out of State Travel Fire Deoartment Recommend authorizing out-of-state travel for FF1C Public Education Specialist David Cook to travel to Emmitsburg, Maryland to attend the Advanced Fire Safety Education class at the National Fire Academy � from May I through May 12, 1989. Recommend authorizing out-of-state travel for Administrative Assistant Dave Fugit to attend a course in Emergency Management at the National Emergency Training Center in Emmitsburg, Maryland from June 12 through June 23, 1989. 2. Police Deoartment Recommend authorization for two Auburn o1'ficers, currently assigned in the Department Drug Unit, to attend the annual Western States Information Network (WSIN) Conference in Sacramento, California from June 6 through 9, 1989. E. Open Soace & Trail Kin¢ Countv Bond lssue To approve the submittal of the White River/Lakeland Hills park and trail system in the amount of $1.8 million to King County for inclusion on the County-wide open space and trail bond proposition scheduled to be presented to the voters in November, 1989. PAGE 7 �\ � , r C1TY OF AUBURN COUNCIL MEETING F. 1989-90 Insurance Renewals Approve the renewal of property boiler and machinery insurance i by the Broker, Fred S. James May 1, 1989 insurance in the amount of $40,924 and n the amount of $4,257.00 as recommended Motion by Councilmember Kurle, second by Councilmember Whittall to approve Consent Agenda Items IV.A through IV.F. MOTION CARRIED UNANIMOUSLY. 4-0. V. OLD BUSiNESS - None. VI. NEW BUSINESS A. Aooiication No. CUP0002-89 The request of Claude Salisbury and The Saynor Company for a Conditional Use Permit for construction of a daycare center on property zoned R-4 (Multi-Family) and located on the northwest corner of 37th and "M" Streets S.E. AKA 1101 37th Street S.E. Motion by Councilmember Kurle, second by Councilmember Whittall to approve the Conditional Use Permit for a daycare center based upon the Hearing Examiner's Findings of Fact and Conclusions, and to instruct the City Attorney to prepare the necessary Ordinance. MOTION CARRIED UNANIMOUSLY. 4-0. B. Apolication No. PLT0001-89 The request of Allied Commercial Group for a Preliminary Plat to be known as Marycon Division No. I consisting of 3.10 acres on property zoned R-2 (Single Family) and located on the south side of 12th Street S.E. in the 500 block. Motion by Councilmember Kurle, second by Councilmember Brothers to approve the preliminary piat of Marycon Division No. 1 beased upon the Hearing Examiner's Findings of Fact, and Conclusions and Conditions; and to instruct the City Attorney to prepare the necessary Resolution. MOTION CARRIED UNANIMOUSLY. 4-0. VII. ORDINANCES AND RESOLUTIONS A. Ordinances Ordinance No. 4328 An Ordinance of the City of Auburn, Washington, providing for the rezoning of property located on the east side of "B" Street N.W. in the 4400 block, within the City of Auburn, Washington, changing the zon;ng classification thereof from County SR (Suburban Residential) and General to M-1 (Light Industrial). PAGE 8 115 116 CITY OF AUBURN COUNCIL MEETWG May 1, 1989 Motion by Councilmember Kurle, second by Councilmember Brothers to introduce and adopt Ordinance No. 4328. MOTION CARRIED UNANIMOUSLY. 4-0. 2. Ordinance No. 4335 An Ordinance repealing Ordinance No. 4285, and section 1.24.010 of the Auburn City Code entided penalties for violations, and enacting a new section 1.24.010. ' 3. Ordinance No. 4336 An Ordinance of the City of Auburn, Washington, repealing Auburn City Code section 9.40.010 entitled "Offenses Designated" contained in Chapter 9.40 entitled "Disorderly Conduct" and adding a new 9.40.0l0 clarifying and adding offenses constituting disorderly conduct. 4. Ordinance No. 4337 An Ordinance of the City of Auburn, Washington, adding a new Chapter 9.11 to Auburn City Code Title 9 entiNed "Public Peace, Morals and Welfare", to provide a new offense of disruption of government offices. 5. Ordinance No. 4338 An Ordinance of the City of Auburn, Washington, adding a new Chapter to Title 9 of the Auburn City Code, designated Chapter 9.45 entided "Criminal Trespass". 6. Ordinance No. 4339 An Ordinance of the City Council of the City of Auburn, Washington, repealing Auburn City Section 9.80.060 entitled "Switchblade Knives- Sale Prohibited" and enacting a new Section 9.80.060, entitied "Dangerous Weapons-Prohibited:' Ordinance No. 4340 ' An Ordinance amending Chapter 9.18 of the Auburn City Code entitled Domestic Violence to amend the definition, issuance and notice sections of that ordinance. Motion by Councilmember Whittall, second by Councilmember Brothers to refer Ordinance Nos. 4335 through 4340 back to committee. MOTION CARRIED UNANIMOUSLY. 4-0. 8. Ordinance No. 4344 An Ordinance of the City Council of the City of Auburn, Washington, approving the plat of Lakeland Hills Division No. 3 extension, to the City of Auburn, according to the plat on file with the Clerk of the City of Auburn. PAGE 9 \ CITY OF AUBURN COIJNCIL MEETING May l, 1989 Motion by Counictmember Kurle, second by Councilmember Roland to introduce and adopt Ordinance No. 4344. MOTION CARRIED UNANIMOUSLY. 4-0. 9. Ordinance No. 4347 � An Ordinance of the City of Auburn, Washington, annexing to the City certain land contiguous thereto, a 13.09 acre parcei of land located on "B" Street Northwest, and more particularly described in attached Exhibit "A" (The "Miyagishima" Annexation). Motion by Councilmember Kurle, second by Councilmember Roland to introduce and adopt Ordinance No. 4347. MOTION CARRIED UNANIMOUSLY. 4-0. B. Resolutions Resolution No. 1958 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 1989 amendment to the emergency medical services contract between the City of Auburn and King Counry to specify the 1989 funding mtaL Motion by Councilmember Whittall, second by Councilmember Brothers to approve Resolution No. 1958. MOTION CARRIED UNANIMOUSLY. 4-0. 2. Resolution No. 1961 , A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a lease agreement between the City of Auburn and Aaron Loudenback, to provide additional securiry at Mountain View Cemetery. Motion by Councilmember Kurle, second by Councilmember Roland to approve Resolution No. 1961. MOTION CARRIED UNANIMOUSLY. 4-0. 3. Resolution No. 1962 A Resolution of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn, to execute Addendum 1 to extend the agreement with Makers to allow for additional funds to complete consultant services en[itled "Auburn Urban Design Plan". The original agreement was entered into on October 7, 1988. Motion by Councilmember Kurle, second by Councilmember Whittall to approve Resolution No: 1962. PAGE 10 , T I17 118 CITY OF AUBURN COUNCIL MEETING May I, 1989 MOT[ON CARRIED UNANIMOUSLY. 4-0. 4. Resolution No. 1964 A Resolution of the City of Auburn, Washington, accepting the dedication of "I" Street N.E.from 44th Street N.E. to 52nd Street N.E. and the dedication of 45th Street N.E. from Auburn Way North to "I" Street N.E. by Statutory Warranty Deed. Motion by Counciimember Kurle, second by Councilmember Brothers ' to approve Resoiution No. 1964. MOTION CARRIED UNANIMOUSLY. 4-0. VIII. MAYOR'S REPORT Mayor Roegner announced there would be a brief Executive Session for approximately five minutes to discuss legal matters. Mayor Roegner anticipated there would be no action taken by the Council as a result of the Executive Session, and recommended adjournment. ADJOURNMENT There being no further business to come before the Auburn City Council, the meeting adjourned at 8:40 p.m. Bob Roegner, Mayor Robin Wohlhueter, City Clerk 89M5- I \ PAGE ►1 ,