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HomeMy WebLinkAbout04-19-1993 - <' city o/, ~~ Auburn ~ ~$J,in~~ CITY OF AUBURN CITY COUNCIL MEETING MINUTES April 19, 1993 7:30 p.m. I. CALL TO ORDER The regular meeting of the City of Auburn Council was called to order by Mayor Bob Roegner at 7:30 p.m. in the City of Auburn Council Chambers. A. Fla2 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 Police Chief Jake Evans, Fire Chief Bob Johnson, Personnel Director Pam Sime, Parks and Recreation Director Len Chapman, Finance Director Pat Dugan, Public Works Director Frank Currie, Planning Director Steve Lancaster, City Attorney Stephen Shelton, and City Clerk Robin Wohlhueter. Other staff present included Police Captain Bill Pitzl, Senior Planner Lynn Rued, Library Director Andy Waters, and Deputy City Clerk Dani Daskam. C. Announcements and Aooointments 1. Announcements a. Sorin2 Clean-uo/Recvclin2 04.7.1 Mayor Roegner displayed buttons promoting the City's spring clean-up program and recycling efforts. The buttons included Auburn's 1993 recycling slogan, "Our Dream: Keep Auburn Clean." The 1993 slogan is a result of this year's Elementary School Litter Challenge and Slogan Contest and was submitted by the students of Miss Goffin's first grade class from Washington Elementary School. b. Proclamations A1.8 1) Volunteer Week Mayor Roegner read a proclamation proclaiming April 18 through April 24, 1993 as "National Volunteer Week" in the City of Auburn and presented proclamations to the following recipients as representatives of the many volunteers that serve the City: Bob Nichols, Millie Dugas Barrows, Marjane Winston, Tom Richardson, and Thelma Serrano. Mayor Roegner and the City Council thanked the volunteers for their service to the City. Mayor Roegner announced the Volunteer Luncheon will be held Tuesday, April 20, 1993 at the Auburn Senior Center. AUBURN CITY COUNCIL MINUTES Page No.2 April 19, 1993 2) Mayor Roegner presented a proclamation declaring May 2 through May 8, 1993 as "Municipal Clerks' Week" in the City of Auburn to Auburn City Clerk Robin Wohlhueter. Mayor Roegner extended his appreciation to City Clerk Robin Wohlhueter and Deputy City Clerks Gayle Butcher and Dani Daskam for their professionalism in carrying out the functions of the City Clerk's office. 2. Aooointments a. White River Historical Society Board of Directors A3.8 City Council confirmation on the appointment of R. Wayland Scarff to the White River Historical Society Board of Directors filling a one-year term to expire on December 31, 1993. Motion by Councilmember Kurle, second by Councilmember Burns to confirm the Mayor's appointment of R. Wayland Scarff to the White River Historical Society Board of Directors filling a one-year term to expire on December 31, 1993. MOTION CARRIED UNANIMOUSLY. 7-0. b. City En2ineer A4.5.2 Mayor Roegner requested City Council confirmation of the appointment of Dennis Dowdy as City Engineer effective April 19, 1993. Motion by Councilmember Kurle, second by Councilmember Burns to confirm the Mayor's appointment of Dennis Dowdy as City Engineer effective April 19, 1993. MOTION CARRIED UNANIMOUSLY. 7-0. D. A2enda Modifications Agenda modifications include correspondence not available prior to publication of the Council Agenda and are found under II.C.l and II.C.3 of these minutes. II. CITIZEN INPUT. PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearin2s 1. Aoolication No. MIS0006-93 A3.23.1 MIS0006-93, 03.10.5 V AR0005-92 The appeal of the Hearing Examiner's Decision filed by Linda A.J. and Eugene W. McKnight to deny the request for a variance to allow a deck to be within the required sideyard setback located at 1123 57th Drive S.E. Mayor Roegner opened the public hearing and requested those persons wishing to testify to please appear before the Council. AUBURN CITY COUNCIL MINUTES Page No. 3 April 19, 1993 Linda McKnight. 1123 57th Drive SE. Auburn. Mrs. McKnight presented approximately 10 slides depicting her property from several different angles. She stated that her property has changed in configuration since the Hearing Examiner's decision to deny the request for a variance. Mrs. McKnight advised that the house built to the south of their lot was constructed approximately seven feet on their property and took the only flat property on their lot. Mrs. McKnight explained that the 60-foot slope of their property makes it unfeasible to build the deck in any other location. Mrs. McKnight contended that the three foot setback of the existing deck allows for adequate air and light and requested compassion in considering her request for a variance. Christine Schrader. 5620 Lakeland Hills Way. SE. Auburn Ms. Schrader questioned the need for another hearing on the McKnight's request for a variance as the Hearing Examiner denied the original application and the subsequent appeal. Ms. Schrader stated that an exception should not be made to allow the McKnight's to build their deck within the setback. Roberta Chevalier. 1145 57th Drive. SE. Auburn Mrs. Chevalier submitted for the record a letter from herself and her husband and a letter from Judy and Bruce Henry. Gene McKnight. 1123 57th Drive SE. Auburn Mr. McKnight explained that the Clawson home was built approximately 7.5 feet into their property. Mr. McKnight stated he believed the issue of the deck has created more attention than the Clawson's house encroachment on his property. Mr. McKnight requested Council grant a variance to construct his deck within three feet of the side yard setback. Motion by Councilmember Burns, second by Councilmember Barber to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Planning Director Lancaster stated that the City did not create the problems the McKnight's have encountered with their property. He stated there are constraints with the McKnight property because of its slope and the Puget Power easement; however, the McKnight's purchased the property with these constraints. Mr. Lancaster added that the property constraints do not result in an inability to construct a deck that meet all requirements of the zoning code. Mr. Lancaster pointed out that Mr. McKnight testified that the deck was built without the required permit when setback requirements would have been addressed. Mr. Lancaster stated that the rights of the property owner as well as neighboring property owners need to be considered and that the Council should be aware of the precedent which may be created by granting a variance or exception to existing City regulations. Mr. Lancaster stated that staff supports the Hearing Examiner's decision and recommends the request for a variance be denied. A UBURN CITY COUNCIL MINUTES Page No.4 April 19, 1993 Councilmember Kurle asked Planning Director Lancaster where a deck could be built on the McKnight house. Mr. Lancaster explained that there is a large area in the rear of the home to construct a deck although the land is steeply sloped. Mr. Lancaster explained there is reasonable ability to construct a deck within required setbacks. Councilmember Borden asked whether the McKnight's hot tub could be located on one of their other decks. Mrs. McKnight explained that their hot tub is a built-in hot tub and needs to be placed on the ground. Councilmember Brothers questioned whether a deck previously existed in the location of the deck in question. Mr. McKnight advised there was an approximate 10'x10' deck. Motion by Councilmember Burns, second by Councilmember Barber to deny the appeal and affirm the decision of the Hearing Examiner. MOTION CARRIED UNANIMOUSLY. 7-0 B. Audience Particioation Tom Riley. 210 "I" St. SE. Auburn A1.6 Mr. Riley addressed the Council to comment on his previously submitted letter regarding his Little League baseball roster and player Danny Hourihan. Mr. Riley submitted a Parks and Recreation Department baseball registration form for Council information, and he quoted from the registration form regarding placement of players. Mr. Riley said he requested the Parks and Recreation Department place Danny Hourihan on his roster because he fits the Parks and Recreation Department's criteria for placement with players from his school, but his request had been denied. Mr. Riley submitted a letter from William Hourihan, father of Danny Hourihan. Parks and Recreation Director Len Chapman explained that there were adjustments made to Mr. Riley's roster to the satisfaction of Mr. Riley with the exception of the placement of Danny Hourihan. Mr. Chapman stated that Mr. Riley has players from two different schools including his returning players from Lea Hill and Washington Elementary Schools. This year they had sufficient players from Washington Elementary to replace players from Lea Hill who did return to play. Mr. Riley wants to replace one of his returning players, and whose parent requested specifically that he be placed on Mr. Riley's team, for Danny Hourihan who is from Lea Hill School. Mayor Roegner advised Mr. Riley if he feels he has been aggrieved, the next step is to contact the Park Board for further consideration. AUBURN CITY COUNCIL MINUTES Page No. 5 April 19, 1993 C. Corresoondence 1. Suoermall of the Great Northwest 03.3.1 Letter received April 7, 1993 addressed to Councilmember Trish Borden from "Roy" expressing concern with the Supermall development and the 37th Street LID. Letter dated March 30, 1993 to the Auburn Planning Commission, Mayor, and City Council from Margo Wolfe expressing support for the Supermall. Letter dated April 3, 1993 to the Mayor and City Council from Winafred M. Parcel expressing opposition to the Supermall project. Letter dated April 12, 1993 to Mayor Roegner, Auburn City Council Members from Michael A. Hart voicing his support of The Supermall of the Great Northwest. Postcard dated April 6. 1997 to City Council Members from George & Shirley Nickelsen expressing support of the Super Mall. Phone message dated April 12, 1993 to the City Council Members from Regan Dugger, General Manager of Burger King, expressing support of the rezone for the Super Mall. Phone message dated April 13, 1993 from E.J. Cass who resides at 130 F St SE expressing support of the Super Mall. Letter dated April 7, 1993 to Councilmember Jeanne Barber from Bruce D. Sanchez and Mary Merten expressing their opposition to the proposed Supermall project. Letter dated April 9, 1993 to the Auburn City Council from Bill Morchin expressing concerns with regard to the proposed Supermall project. Letter received by Councilmember Jeanne Barber from Margaret M. Sharp expressing her opposition to the proposed Supermall project. Letter dated April 9, 1993 to the Mayor and City Council from Joan Merritt expressing support for the proposed Supermall project. Letter dated April 12, 1993 from Bobby Wolf to Mayor Roegner and Auburn City Council Members urging a no vote until Algona is representated. Letter dated April 15, 1993 to Mayor Bob Roegner from Donald A. Rottle opposing the rezone necessary for the construction of the Supermall. AUBURN CITY COUNCIL MINUTES Page No.6 April 19, 1993 Letter dated April 12, 1993 to Mayor Bob Roegner and the Auburn City Council from Mr. and Mrs. William J. Peloza expressing their support of Auburn for the Supermall. Letter dated April 12, 1993 from Bobby Wolf to Mayor Roegner and Auburn Council Members urging a no voted until Algona is represented. Bill Morchin filed on April 19, 1993 a report titled "Suoermall Traffic" for Mayor and Council Distribution expressing concern with regard traffic impacts of the Supermall. This item was distributed under separate cover. 2. Citizen Reauest A1.6 Letter received by the City of Auburn on April 7, 1993 from Virginia Haugen requesting information. 3. Aoolication No. MIS0006-93 A3.23.1 MIS0006-93, 03.10.5 V AR0005-92 Letter dated April 19, 1993 from Mike Clawson to the City Council expressing his comments with regard to the appeal filed by Linda A. J. and Eugene W. McKnight with regard to Application No. MIS0006-93 which appears under agenda item II.A.l. III. COUNCIL COMMITTEE REPORTS A. Municioal Services A3.6.4.4 Chairman Brothers reported the Municipal Services Committee met today at 4:30 p.m. The Committee discussed the TCI Franchise Agreement and Resolution No. 2401 regarding a fire protection contract between the City and the Washington State Parks and Recreation Commission. The next meeting of the Municipal Services Committee will be Monday, May 3, 1993 at 4:30 p.m. B. Planning & Community Develooment A3.6.4.4 Chairman Burns reported the Planning and Community Development Committee met on Monday, April 12, 1993 at 5:30 p.m. The Committee discussed the agenda items presented this evening and appreciates Council support of these items. The next meeting of the Planning and Community Development Committee is scheduled for Monday, April 26, 1993 at 5:30 p.m. C. Public Works A3.6.4.4 Chairman Wagner reported the Public Works Committee met at 5:30 p.m. today and discussed contract items, storm drainage and road improvements, and received an informational update from Pierce County Regional Transit Manager. The next meeting of the Public Works Committee will be Monday, May 3, 1993 at 5:30 p.m. A UBURN CITY COUNCIL MINUTES Page No. 7 April 19, 1993 D. Finance A3.6.4.4 Chair Barber reported that the Finance Committee met at 7:00 p.m. prior to the Council meeting. The Committee discussed additional staff for the Municipal Court. The 1993 Budget authorized an additional court staff position subject to available court revenue. The increased court revenue in 1992 and 1993 will support the additional position. Therefore, the Committee authorized the Finance Director to implement the budget decision to fill the position. Chair Barber reported that the Committee also reviewed and approved claims and payroll vouchers. The next meeting of the Finance Committee is scheduled for Monday, May 3, 1993 at 7:00 p.m. IV. CONSENT AGENDA A. Minutes A3.6.2 1. Minutes of the April 5, 1993 regular Council meeting. B. Vouchers F4.9.2, F4.9.5 1. Claim numbers 82071 through 82396 in the amount of $1,307,535.58 and dated April 19, 1993. 2. Payroll numbers 190219 through 190732 in the amount of $767,494.27 covering the period April 2, 1993 to April 14, 1993. C. Contract Administration 1. White River Park 05.2 White River Park To award Contract No. 92-16, construction of White River Park, to Lloyd Enterprises, Inc., for their base bid in the amount of $1,063,294.93 (includes WSST). 2. Proiect No. 509 04.9.1 Recommend awarding contract for construction of Academy Drive and Auburn Way South Re-bid, Contract 93-01, PR 509 to West Coast Construction on their low bid of $580,723.76. D. Liauor License A5.6.1 1. Request approval for a Class "H" liquor license for Gerry Andal's Ranch Restaurant located at 635 "C" Street S.W. A UBURN CITY COUNCIL MINUTES Page No. 8 April 19, 1993 E. Call for Public Hearing 1. Aoolication for CATV Franchise Agreement with TCI A3.14, 04.4.4 Council to call for a public hearing for the May 3, 1993 Council meeting on the application/renewal of a CA TV Franchise Agreement between the City of Auburn and TCI. Motion by Councilmember Kurle, second by Councilmember Burns to approve Consent Agenda Items IV.A.1 through IV.E.l. MOTION CARRIED UNANIMOUSLY. 7-0. V. OLD BUSINESS - None VI. NEW BUSINESS - None VII. ORDINANCES AND RESOLUTIONS A. Ordinances 1. Ordinance No. 4620 A3.23.1 MIS0002-93, 03.10.4 ADM0002-93 An Ordinance of the City of Auburn, Washington, affirming the Hearing Examiner's recommendation to grant an appeal and thereby deny the application for an Administrative Use Permit for a vehicle emission inspection facility proposed to be located at 4122 "B" Place N.W., Auburn, Washington. Motion by Councilmember Burns, second by Councilmember Barber to introduce and adopt Ordinance No. 4620. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Ordinance No. 4621 03.10.1 CUP0007-92 An Ordinance of the City of Auburn, Washington, providing for a Conditional Use Permit to allow for the construction of an industrial building on property zoned I, Institutional, located at the Auburn Adventist Academy, 2800 Academy Drive S.E., within the City of Auburn, Washington. Motion by Councilmember Burns, second by Councilmember Borden to introduce and adopt Ordinance No. 4621. MOTION CARRIED UNANIMOUSLY. 7-0. AUBURN CITY COUNCIL MINUTES Page No.9 April 19, 1993 B. Resolutions 1. Resolution No. 2392 05.3.31 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute the 1993 service agreement between the City of Auburn and the Seattle/King County Economic Development Council. Motion by Councilmember Burns, second by Councilmember Barber to adopt Resolution No. 2392. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Resolution No. 2396 04.4.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Meals on Wheels Satellite Site Memorandum of Agreement for 1993 between the City of Auburn and Senior Services of Seattle/King County (SSC/KC) to provide home delivered meal service in the Auburn area to the elderly. Motion by Councilmember Burns, second by Councilmember Borden to adopt Resolution No. 2396. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Resolution No. 2397 04.4.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Memorandum of Agreement for 1993 between the City of Auburn and Senior Services of Seattle/King County Nutrition Projects (SSC/KC) to provide a federally funded hot meal program for low-income elderly citizens in Auburn area. Motion by Councilmember Burns, second by Council member Barber to adopt Resolution No. 2397. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Resolution No. 2401 02 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 fire protection contract between the City and the Washington State Parks and Recreation Commission. Motion by Councilmember Brothers, second by Councilmember Wagner to adopt Resolution No. 2401. MOTION CARRIED UNANIMOUSLY. 7-0. A UBURN CITY COUNCIL MINUTES Page No. 10 April 19, 1993 5. Resolution No. 2404 03.5, PLTOOOl-90 A Resolution of the City Council of the City of Auburn, Washington, authorizing and approving the extension of the preliminary plat of Lakeland Hills, Divisions #6, #7 and #8 located on the east side of Lakeland Hills Divisions #2 and #3 extending south to the King-Pierce County line, within the City of Auburn, Washington for an additional year. Motion by Councilmember Burns, second by Councilmember Borden to adopt Resolution No. 2404. MOTION CARRIED UNANIMOUSLY. 7-0. 6. Resolution No. 2405 04.11 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Satellite Water System Agreement between the City of Auburn and Richard T. Wooding as an authorized owner for Smalkamish Rim Estates. City Attorney Stephen Shelton requested Section 1 of Resolution No. 2405 include the following language to read in part as follows: "The Mayor and City Clerk of the City of Auburn are herewith authorized. subiect to comoliance with the land division laws of the State of Washington and the City of Auburn. to execute a Satellite Water System Agreement. . ." Motion by Councilmember Wagner, second by Councilmember Weekley to adopt Resolution No. 2405 as amended by the City Attorney. MOTION CARRIED UNANIMOUSLY. 7-0. 7. Resolution No. 2406 04.8 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 KCM, Inc. relating to the 1993 Storm Drainage Improvements. Motion by Councilmember Wagner, second by Councilmember Weekley to adopt Resolution No. 2406. MOTION CARRIED UNANIMOUSLY. 7-0. A UBURN CITY COUNCIL MINUTES Page No. 11 April 19, 1993 VIII. MA YOR'S REPORT A. Executive Session - Labor negotiations. A4.6 Mayor Roegner advised there was no need for an executive session this evening as the anticipated vote on a union contract did not occur. The vote is expected to take place this week, and a potential contract is expected to be presented to the Council at its next regular meeting. B. Haosmith Comoany (Suoermall) Rezone. 03.31, 03.4.4 Mayor Roegner reminded Council there will be a special Council meeting on Tuesday, April 27, 1993 at 6:00 p.m. to consider the recommendation of the Planning Commission regarding the rezone application for the proposed Supermall project. IX. ADJOURNMENT come before the Auburn City Council, the meeting m<-t~ Æ~~ Robin Wohlhueter, City Clerk 93M4-19