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HomeMy WebLinkAbout04-18-1994 ~ G\tYor ~~ Auburn ~ q$/Jin~~ CITY OF AUBURN COUNCIL MEETING MINUTES April 18, 1994 I. CALL TO ORDER A. Flag Salute Mayor Booth called the meeting to order at 7:30 p.m. and led those in attendance in the pledge of allegiance. B. Roll Call Those in attendance included Mayor Booth and Members of the Auburn City Council as follows: Burns, Wagner, Haugen, Borden, Barber, Brothers and Kurle. Staff members present included Police Chief Dave Purdy, Fire Chief Bob Johnson, Personnel Director Pam Sime, Parks and Recreation Director Len Chapman, Planning Director Paul Krauss, Assistant Public Works Director Alice Conrad, City Engineer Dennis Dowdy, Acting City Attorney Mike Reynolds, Assistant City Attorney Judy Ausman, Deputy Finance Director Arlene Mempa, City Clerk Robin Wohlhueter, and Deputy City Clerk Gayle Butcher. C. Announcements and Aooointments 1. Announcements a. Proclamation A1.8 Mayor Booth presented a proclamation designating the week of April 17, 1994 through April 23, 1994 as Volunteer Week. Mayor Booth expressed his appreciation of the dedication each volunteer provides to the Auburn community. Senior Center Supervisor Cheryl Sallee introduced volunteers receiving proclamations from Mayor Booth this evening as: Sharon Bickler for volunteer services performed at the Library, Kiwanis President Arnie Colby and Lois Johnson for their volunteer services performed at ACAP, Judy Covington and Tom Richardson for their volunteer services performed at the Auburn Police Department, and Jo and Forest McKenzie for their volunteer activities at the Auburn Senior Center. b. Proclamation A1.8 Mayor Booth presented a proclamation to City Clerk Robin Wohlhueter proclaiming May 1 through May 7, 1994 as Municipal Clerks' Week, and he noted the City Clerk's office is a vital service to government and citizens. , AUBURN CITY COUNCIL MINUTES Page No.2 April 18, 1994 c. Proclamation A1.8 Mayor Booth presented a proclamation to Gene Cerino honoring his induction into the Washington State Wrestling Coaches Hall of Fame. Mayor Booth expressed his pride in presenting this prestigious honor to Gene Cerino. Councilmember Kurle recalled a fond memory of his teacher, Gene Cerino, while he was a teenager attending Auburn High School. d. Proclamation A1.8 Mayor Booth presented a proclamation to Kip Herren honoring his induction into the Washington State Wrestling Coaches Hall of Fame. e. Proclamation A1.8 Mayor Booth presented a proclamation to the members of the Auburn High School Girls Varsity Basketball Team. Mayor Booth noted he would be presenting proclamations at the High School to those members unable to attend this evening's meeting. Mayor Booth presented the proclamation to team members present and Parks and Recreation Director Len Chapman announced Auburn High School Girls Varsity Basketball team members as: Leigh Anne Raschkow, Michelle Jacobson, Sarah Gerlitz, Mandy Jacques, Amber Towne, Corina Draper, Tiffany Bermensolo, Stephanie Smith, Sarah Rockey, Kim Clark, Celeste Hill, and Heidi Simms. Head Coach is Tony Higgins with Assistants Chris Carr, Deedee Goodspeed, Mike Feola, Dale Pound, and Christy Mariani. f. Proclamation A1.8 Mayor Booth presented a proclamation to the 1993-94 Auburn High School Wrestling Team, noting the Team was the South Puget Sound League Champions, Region III Champions, and the State Academic runner-up with a team 3.46 grade point average. Parks and Recreation Director Len Chapman announced the Auburn High School Wrestling Team Members and Mayor Booth presented the proclamation to the following: Dan Anic, 3rd Place, Kirk Elliott, Joey Hess, Mark Morris, State Champion, Russ Halsey, Ben Celver, State Champion, Jonny Hess, 3rd Place, Justin Bowen, Dennis Herren, State Champion, Rian Coffey, Brian Criddle, 5th Place. Coach is Scott Bliss, with staff being Phill Celver, Kevin Cloud, Chris Schelde, and David Brame. 2. Aooointments A3.8 a) Human Resources Committee Term Exoires Patrick Amata 12/31/98 AUBURN CITY COUNCIL MINUTES Page No. 3 April 18, 1994 Annette Bryce Ira Frank Cyril Van Selus Joanne Walters 12/31/94 12/31/98 12/31/96 12/31/95 Motion by Councilmember Kurle, second by Councilmember Barber, to confirm appointments to the Human Resources Committee. MOTION CARRIED UNANIMOUSLY. 7-0. b) Planning Commission Sue Singer Term Exoires 12/31/99 Motion by Councilmember Kurle, second by Councilmember Burns to confirm the appointment of Sue Singer to the Planning Commission. MOTION CARRIED UNANIMOUSLY. 7-0. D. Agenda Modifications - None. II. CITIZEN INPUT. PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Aoolication No. V -02-94 03.9 V -02-94, 03.3.1 Supermall A petition requesting the vacation of the street right of way known as the Northern portion of 15th Street S.W. between "0" Street S.W. and Industry Drive S.W. Mayor Booth opened the public hearing. There were no requests from persons wishing to make comments. Motion by Councilmember Wagner, second by Councilmember Borden, to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Aoolication No. V -04-93 03.9 V -04-93, 03.3.1 Supermall A petition requesting the vacation of the street right of way known as a portion of "0" Street S.W. located North of 15th Street S.W. Mayor Booth opened the public hearing. There were no requests from persons wishing to make comments. A UBURN CITY COUNCIL MINUTES Page No.4 April 18, 1994 Motion by Councilmember Wagner, second by Councilmember Borden, to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Aoolication No. V -06-93 03.9 V-06-93, 03.3.1 Supermall A petition requesting the vacation of the street right of way known as a portion of Industry Drive S.W. located North of 15th Street S.W. Mayor Booth opened the public hearing. There were no requests from persons wishing to make comments. Motion by Councilmember Wagner, second by Councilmember Burns, to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. B. Audience Particioation A3.6.4.l Mayor Booth invited citizens in the audience to make any comments or suggestions they wished to bring to the attention of the City Council. 1. Stan Vickers. 123 "M" Street SE. Auburn Mr. Stan Vickers stated since he appeared before the City Council on April 4, 1994, he has been advised of additional concerns with regard to his property and home occupation. Mr. Vickers presented City Council members with copies of additional correspondence he has received since April 4, 1994. Mr. Vickers stated that after he tore down his shed, he requested the City of Auburn Codes Compliance Official Larry Rushing to inspect the teardown. After inspecting the shed teardown, Mr. Rushing further indicated that the porch and carport must also be torn down. Mr. Vickers expressed his concern for removing these structures because the deck, porch and carport were structures in place when he purchased his home eight years ago. He feels if these structures were a safety concern, the FHA inspector would have so noted prior to closing of the property sale. Mr. Vickers also noted he is not sure how to interpret the Acting City Attorney's letter of March 24 with regard to home occupation standards which may impact his baseball card business. Mr. Vickers believes baseball cards falls under the category of being a collectible item, which exempts his business from possible home occupation violations. Councilmembers requested further detail with regard to Mr. Vickers building code violations. City Attorney Reynolds noted that the property is in violation of setback requirements. Councilmembers further expressed concern with Mr. Vickers being cited for structures that have been in place for 12 years. Councilmembers discussed the drafting of an ordinance that might address structures that do not meet the setback requirements. Councilmembers requested AUBURN CITY COUNCIL MINUTES Page No. 5 April 18, 1994 city staff take another look at the issues setback and safety issues. Acting City Attorney was also asked to provide a legal opinion with regard to whether sportscard trading meets the exemption criteria of being a collectible. Virginia Moses. 114 M St. S.E.. Auburn. WA Ms. Moses stated she is a neighbor of Mr. Vickers and wished to expressed support for him. She noted the neighborhood does not have a problem with Mr. Vickers property or his business. Ms. Moses further indicated a day care in the neighborhood causes more of a traffic concern than Mr. Vickers' sportscard business. Ms. Moses further stated she has requested city codes official and fire inspection help over the past 10-years with an older home in the area. She requests her concerns be addressed. C. CorresDondence Mayor Booth acknowledged each piece of correspondence. 1. ADDlication No. MIS0007 -94 03.23.1 MIS0007-94, 03.10.5 V AROOOl-94 An Appeal of the Hearing Examiner's Decision filed on April 8, 1994 by Salvatore Mancuso with regard to the denial of a request for a variance filed under V AROOO 1-94. 2. ADDlication No. MIS0008-94 03.23.1 MIS0008-94, 03.10.2 MIS0005-94 An Appeal of the Hearing Examiner's Decision filed on April 8, 1994 by Nanette D. Barnes with regard to the conditional approval of a request for a special home occupation filed under MIS0005-94. 3. ADDlication No. MIS0005-94 03.10.2 MIS0005-94 A letter received April 11, 1994 addressed to the Planning Director from Wayne Heisserman regarding Application No. MIS0005-94, the application of Nanette D. Barnes for a Special Home Occupation Permit. 4. 1994 Community DeveloDment Block Grant F5.4.3 A memorandum, with attached memorandum dated April 12, 1994, addressed to the Mayor and City Council from Planning and Community Development Director Paul Krauss dated April 13, 1994 regarding Council request to consider offering bilingual services. 5. Pro Dosed Thoroughbred Race Track 03.3.4 A memorandum dated April 14, 1994, addressed to the Members of the Auburn City Council from Mayor Chuck Booth regarding notice of hearing cancellation. AUBURN CITY COUNCIL MINUTES Page No.6 April 18, 1994 6. ProDosed Thoroughbred Race Track 03.3.4 A letter dated April 8, 1994 addressed to the Auburn Planning Department from Juichi Arima regarding Auburn Hearing Examiner Application No. CUPOOOl-93. 7. Steamer's SDortcard 07.6, 07.7 A letter dated April 12, 1994 addressed to Stanley Vickers from Acting City Attorney Michael J. Reynolds regarding the home occupation at 123 M Street S.E. III. COUNCIL COMMITTEE REPORTS A. MuniciDal Services A3.6.4.4 Chair Brothers reported the Municipal Services Committee met this evening at 4:30 p.m. and requested support of this evening's agenda items Ordinance No. 4667 and Resolution No. 2511, a D.A.R.E. presentation, and a briefing of the recent Brittany Lane Apartment fire. The next regularly scheduled meeting of the Municipal Services Committee will be Monday, May 2, 1994 at 4:30 p.m. B. Planning & Community DeveloDment A3.6.4.4 Chair Burns reported the Planning and Community Development Committee met on Monday, April 11, 1994 at 7:30 p.m. and the minutes are of public record. The next regularly scheduled meeting of the Planning and Community Development Committee will be held on April 25, 1994 at 7:30 p.m. C. Public Works A3.6.4.4 Chair Wagner reported the Public Works Committee met Monday, April 11, 1994 at 5:30 p.m. and discussed the street vacation items and Resolution Nos. 2508 and 2509 on this evening's agenda. The next meeting of the Public Works Committee is scheduled for Monday, April 25, 1994 at 5:30 p.m. D. Finance A.3.6.4.4 Chair Barber reported the Finance Committee met today at 7:00 p.m. and discussed the Commission appointments, City Council workshop, and claims and payroll vouchers. The next meeting of the Finance Committee is scheduled for Monday, May 2, 1994 at 7:00 p.m. IV. CONSENT AGENDA A. Minutes 1. Minutes of the April 4, 1994 regular Council meeting. 2. Amend the March 21, 1994 Council minutes under III.C. to read, "Chair Wagner reported the Public Works Committee met on March 28, 1994 at 5:30 p.m. to AUBURN CITY COUNCIL MINUTES Page No. 7 April 18, 1994 discuss several Supermall street right of way vacations and a technical support service agreement which appear on tonight's agenda..." B. Vouchers F4.9.2, F4.9.5 1. Claim numbers 91038 through 91395 in the amount of $1,17,157.82 and dated April 18, 1994. 2. Payroll numbers 202663 through 203186 in the amount of $898,628.86 covering the period April 1, 1994 to April 8, 1994 and dated April 18, 1994. C. Call for Public Hearing 1. ADDlication No. MIS0007-94 A3.23.l MIS0007-94, 03.10.5 VAROOOI-94 Council to call for a public hearing for the May 2, 1994 Council meeting on the Appeal of the Hearing Examiner's Decision filed by Salvatore Mancuso with regard to the denial of a request for a variance. 2. ADDlication No. MIS0008-94 A3.23.l MIS0008-94, 03.10.2 MIS0005-94 Council to call for a public hearing for the May 2, 1994 Council meeting on the Appeal of the Hearing Examiner's Decision filed by Nanette D. Barnes with regard to the conditional approval of a request for a special home occupation. D. Utility Bill Ad iustment F4.5.2 1. Recommend approval of utility adjustments to the following accounts: Account Number 2.60.0990 Ad iustment of $806.34 T & S Development 28 - 37th Street N.E. Account Number 4.49.2730 Adiustment of $159.36 Cedric Hannon 901 - 22nd Street N.E. 2. Recommend approval of utility adjustment to the following account: Account Number 3.49.0420 Adiustment of $786.84 Ming & Fan Wong 310 "R" Street S.E. Motion by Councilmember Kurle, second by Councilmember Burns, to recommend approval of Consent Agenda Items IV.A-D.2. MOTION CARRIED UNANIMOUSLY. 7-0. V. UNFINISHED BUSINESS - None. VI. NEW BUSINESS - None. A UBURN CITY COUNCIL MINUTES Page No. 8 April IS, 1994 VII. ORDINANCES AND RESOLUTIONS A. Ordinances Acting City Attorney Mike Reynolds read the title to each ordinance. 1. Ordinance No. 4667 F4.3, 04.7.5 An Ordinance of the City Council of the City of Auburn, Washington, amending Chapter S.OS of the Auburn City Code, specifically Sections 8.0S.230 (A thru P) to adjust the existing rate structure and Section 8.08.240 "Special Services" to establish rates for a three, four, and five cubic yard compactor service. Motion by Councilmember Brothers, second by Councilmember Wagner, to introduce and adopt Ordinance No. 4667. MOTION CARRIED. 6-1 with Councilmember Haugen voting no. 2. Ordinance No. 4668 03.9 V-06-93, 03.3.1 An Ordinance of the City Council of the City of Auburn, Washington, approving the vacation of a portion of Industry Drive S.W. located north of 15th Street S.W., within the City of Auburn, Washington. Motion by Councilmember Wagner, second by Council member Burns, to introduce and adopt Ordinance No. 4668. MOTION CARRIED UNANIMOUSLY. 7 -0. 3. Ordinance No. 4669 03.9 V -04-93, 03.3.1 An Ordinance of the City Council of the City of Auburn, Washington, approving the vacation of a portion of "0" Street S.W. located north of 15th Street S.W., within the City of Auburn, Washington. Motion by Councilmember Wagner, second by Councilmember Burns, to introduce and adopt Ordinance No. 4669. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Ordinance No. 4670 03.9 V-02-94, 03.3.1 An Ordinance of the City Council of the City of Auburn, Washington, approving the vacation of the northern portion of 15th Street S.W., between "0" Street S.W. and Industry Drive S.W., within the City of Auburn, Washington. Motion by Councilmember Wagner, second by Councilmember Burns, to introduce and adopt Ordinance No. 4670. A UBURN CITY COUNCIL MINUTES Page NO.9 April 18, 1994 MOTION CARRIED UNANIMOUSLY. 7-0. 5. Ordinance No. 4671 F5.4.3 An Ordinance of the City of Auburn, Washington, approving the appropriation of the sum of Three Hundred Seventy-six Thousand Dollars ($376,000) in 1994- 1995 Community Development Block Grant Funds. Motion by Councilmember Burns, second by Councilmember Barber, to introduce and adopt Ordinance No. 4671. MOTION CARRIED UNANIMOUSLY. 7 -0. B. Resolutions Acting City Attorney Mike Reynolds read the titles to each resolution out loud. 1. Resolution No. 2505 03.9 V-01-94 A Resolution of the City Council of the City of Auburn, Washington, fixing a time for a public hearing on the petition for vacation of a portion of 29th Street N.W., within the City of Auburn, Washington. Motion by Councilmember Wagner, second by Councilmember Burns to adopt Resolution No. 2505. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Resolution No. 2507 A3.l6.5 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an agreement between the City and Bonnie Tours to serve as travel agent for a Branson, Missouri Tour Package for the City's Senior Center Program. Motion by Councilmember Burns, second by Councilmember Borden to introduce and adopt Resolution No. 2508. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Resolution No. 2508 A3.l6.9 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute Amendment No. 1 to an Agreement for Professional Services between the City of Auburn and TModel Corporation to prepare and calibrate a transportation model for the City of Auburn. Motion by Councilmember Wagner, second by Councilmember Borden to introduce and adopt Resolution No. 2508. AUBURN CITY COUNCIL MINUTES Page No. 10 April 18, 1994 MOTION CARRIED UNANIMOUSLY. 7-0. 4. Resolution No. 2509 A3.l6.9 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Consultant Agreement between the City of Auburn and Bell-Walker Engineers, Inc., for phase one preliminary engineering Services for SR l8/"C" Street westbound ramps. Motion by Councilmember Wagner, second by Councilmember Burns to introduce and adopt Resolution No. 2509. Councilmember Kurle asked City Engineer Dennis Dowdy whether there was a resolution on the conflict in the language between the contract document and Appendix B. City Engineer Dowdy stated the conflict was resolved, and there is consistency between the contract document and Appendix B. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Resolution No. 2511 A3.l6.9, F4.3, 04.7.5 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute Addendum II to the Solid Waste Collection Agreement between the City of Auburn and R.S.T. Disposal Company, Inc. Motion by Councilmember Brothers, second by Councilmember Wagner to introduce and adopt Resolution No. 2511. MOTION CARRIED. 6-1. VIII. MAYOR'S REPORT A WC Convention A5.3.l Mayor Booth announced the Association of Washington Cities Conference will be held in Spokane, Washington June 14-17, 1994. He asked City Councilmembers let his office know of any ideas draft resolutions they may wish to present for consideration at the conference. The Mayor's office will prepare the material for submission. Mayor Booth also asked for a Council consensus for a voting delegate and alternate delegate for the conference. By unanimous consent, Councilmembers Brothers and Burns will be the voting delegates at the A WC Convention. Executive Session A1.3.3.2 Mayor Booth announced there would be an approximate 30-minute Executive Session to discuss potential litigation. The City Council meeting was recessed to Executive Session at 8:34 p.m. The City Council meeting was reconvened at 9:16 p.m. AUBURN CITY COUNCIL MINUTES Page No. 11 April 18, 1994 City of Kent-Ramstead Annexation A1.3.3.2 Motion by Councilmember Burns, second by Councilmember Barber, to authorize the City to file with the Boundary Review Board a response to the proposed Ramstead Annexation. Councilmember Burns asked the Acting City Attorney for an opinion as to whether his motion is adequate to properly communicate that the City Council wants the City to intervene in this action and potentially protest this attempted annexation. Acting City Attorney advised Councilmember Burns to include the Washington State Boundary Review Board King County File Number 1858. Motion by Councilmember Burns, second by Councilmember Barber, to amend his motion to authorize the City to file with the Boundary Review Board a response to the Washington State Boundary Reivew Board for King County File No. 1858, also known as the proposed Ramstead Annexation, to the City of Kent. MOTION CARRIED UNANIMOUSLY. 7-0. IX. ADJOURNMENT There being no further business to come before the Council, it was the consensus of the Council to adjourn the meeting at 9:20 p.m. ~Q.ß~ ^,---../ ~//c-£~ utcher, Deputy City Clerk Charles A. Booth, Mayor 94M4-l8