HomeMy WebLinkAbout05-02-1994
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CITY OF AUBURN
COUNCIL MEETING MINUTES
May 2, 1994 7:30 p.m.
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:
Pat Burns, Rich Wagner, Virginia Haugen, Trish Borden, Stacey Brothers, and Don Kurle.
Councilmember Jeanne Barber was excused from the meeting. Staff members present included
Parks and Recreation Director Len Chapman, Fire Chief Bob Johnson, Personnel Director Pam
Sime, Police Chief Dave Purdy, Planning and Community Development Director Paul Krauss,
Public Works Director Frank Currie, Assistant Finance Director Arlene Mempa, Acting City
Attorney Michael Reynolds, Senior Planner Lynn Rued, Assistant City Attorney Judy Ausman,
City Clerk Robin Wohlhueter, and Deputy City Clerk Dani Daskam.
C. Announcements and Aooointments
1. Announcements
a. Proclamation
A1.8
Mayor Booth read a proclamation designating the week of May 2-8, 1994 as Optimist
Bike Safety Week in the City of Auburn and urged citizens to cooperate with the
Optimists' effort to make Auburn a safe city for cyclists.
b. Proclamation
A1.8
Mayor Booth read and presented a proclamation designating May 9-16, 1994 as Law
Enforcement Torch Run Week in the City of Auburn to Police Chief Purdy and
encouraged citizens to support the efforts of the Washington Special Olympics.
c. Proclamation
A1.8
Mayor Booth read and presented a proclamation honoring the Auburn Senior High
School Forensic Program especially recognizing Auburn Senior High School seniors
Larry Daugherty and Nigel Barron and Coach Michael Burton for their outstanding
achievements and distinguished awards including the 1994 AAA Debate State
Championship and national ranking. Coach Michael Burton thanked the Mayor and
City Council for their support and recognition.
A UBURN CITY COUNCIL MINUTES
May 2, 1994
Page No.2
d. Proclamation
A1.8
Mayor Booth read and presented a proclamation honoring the 1993-94 Auburn High
School Gymnastics Team to individual team members and their coach as Parks and
Recreation Director Len Chapman announced the names of the team members as
follows: Julie Henning, Gloria Spencer, Christy Super, Elissa Deeds, Lisa Longmire,
Becky Celver, Brenda Daily, Ruth Herren, Shannon Sandmire, Angela Swanson, Amy
Rickard, Jessica Clark, Kelly Wannamaker, Christen Herrick, Nath Chumary, Jessica
Larson, Nan Ward, Stacy Sasse, Head Coach Terri Herren and Assistant Coach Melanie
Kosoff. Coach Herren thanked the Mayor and City Council for their recognition and
announced that team members Julie Henning and Gloria Spencer received All
American Status.
e. Proclamation
A1.8
Mayor Booth read a proclamation proclaiming the week of May 15-21, 1994 as
Emergency Medical Services Week and presented the proclamation to Lieutenant Dan
Bosch, Firefighter Dale Lagnes, and Firefighter Doug Degraff. Lieutenant Bosch
announced the department will have an information booth at Fred Meyer during
Emergency Medical Services Week.
2. ADDointments - None.
D. Agenda Modifications - None.
II. CITIZEN INPUT. PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. Aoolication No. MIS0007 -94
A3.23.1 MIS0007-94, 03.10.5 VAROOOI-94
The appeal of the Hearing Examiner's Decision filed by Salvatore Mancuso to deny the
request for a variance to allow an addition to be constructed that would exceed the lot
coverage requirements.
Mayor Booth opened the public hearing and invited interested persons to comment.
Salvatore Mancuso. 305 Pike Street N.E.. Auburn. W A
Mr. Salvatore spoke in favor of his appeal of the Hearing Examiner's decision and his
request for a variance to build a bedroom addition to his home for use by one of his sons.
Al Cummings. 314 Pike Street N.E.. Auburn. WA
Mr. Cummings spoke in favor of Mr. Mancuso's appeal and request to construct an addition
to his home at 305 Pike Street N.E. Mr. Cummings stated Mr. Mancuso has resided in the
neighborhood for several years and urged the Council to approve Mr. Mancuso's appeal and
his request for a variance.
AUBURN CITY COUNCIL MINUTES
May 2, 1994
Page No. 3
Motion by Councilmember Burns, second by Councilmember Kurle to close the public
hearing.
MOTION CARRIED UNANIMOUSLY. 6-0.
Councilmember Borden disclosed she had some recent conversations with Mrs. Mancuso
related to the process, and the conversations would not affect her ability to vote on the
appeal.
Motion by Councilmember Burns, second by Councilmember Brothers to affirm the Hearing
Examiner's decision.
Councilmember Borden questioned whether the overhang or footprint of the building was
used to calculate the lot coverage. Senior Planner Rued stated the eaves of the house, garage,
and proposed structure were used in the calculations of the lot coverage.
Councilmember Brothers questioned the lot coverage figures. Senior Planner Rued confirmed
the maximum allowable lot coverage is 35%, the existing lot coverage of 37.8% already
exceeds the limits, and the proposed structure would add 5.7%. Mr. Rued explained the
home was constructed several years ago, and there is no evidence the house was constructed
in a noncomplying manner.
In response to a question from Councilmember Kurle, Senior Planner Rued stated the lot
coverage includes the roofed patio area.
MOTION CARRIED UNANIMOUSLY. 6-0.
2. Aoolication No. MIS0008-94
A3.23.1 MIS0008-94, 03.10.2 MIS0005-94
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.
Mayor Booth opened the public hearing and invited interested persons to comment.
Wavne Heisserman. business address 20 "B" Street N.E.. Auburn. W A
Mr. Heisserman presented a petition addressed to the Mayor and Councilmembers and signed
by residents and property owners in the Martha Heisserman's Addition expressing opposition
to Application No. MIS0005-94 and a special home occupation permit by Nanette Barnes at
220 "R" Street N.E. Mr. Heisserman also spoke in favor of maintaining the existing
atmosphere of the neighborhood and requested the City Council deny the appeal.
Sherrill Clark. 1717 3rd Street N.E.. Auburn. W A
Mr. Clark spoke briefly in opposition to granting a special home occupation to the applicant.
Nanette Barnes. 220 "R" Street N.E.. Auburn. W A
Ms. Nanette Barnes explained she appealed the Hearing Examiner's conditional approval of
her application for a special home occupation on the basis the Hearing Examiner cannot
condition approval on covenants the City cannot enforce. Ms. Barnes stated the covenants,
which were established in 1956, have not been enforced for several years. Ms. Barnes stated
an in-home business was conducted by a previous resident of her residence at 220 "R" Street
N.E. She also advised the City provided information to her indicating home occupations
AUBURN CITY COUNCIL MINUTES
May 2, 1994
Page No. 4
were granted and operated or are operating as follows: 1) Rolando Maintenance Home
Repairs at 207 "T" Street NE; 2) Sandra Almaas, 30 "R" Place NE; 3)Simple Country, 220 "R"
Street N.E.; and 4) Neil White at 115 "R" Street N.E. Ms. Barnes stated she purchased her
home with the intent of operating a small in-home business. Ms. Barnes contended several
violations of the covenants have occurred with regard to home occupations, parking, and
signs.
David Foxlev. 28 "T" Street N.E.. Auburn. WA
Mr. Foxley spoke in opposition to any business operated in his neighborhood and in favor of
maintaining the family oriented atmosphere of the neighborhood.
Motion by Councilmember Burns, second by Councilmember Brothers to close the public
hearing.
MOTION CARRIED UNANIMOUSLY. 6-0.
In response to a question by Councilmember Borden, Mr. Heisserman stated the covenants
are automatically renewed and are currently in effect.
Acting City Attorney Reynolds explained the home occupation permits referenced by Ms.
Barnes were issued under different requirements than those required for a beauty shop.
Acting City Attorney Reynolds further explained that covenants are promulgated by a
developer and enforced by the home owners and not necessarily enforceable by the City. He
further stated a vote of the home owners' association is required to terminate the covenants;
they do not expire. Acting City Attorney Reynolds added that in this case the Hearing
Examiner took that into consideration in making a decision. Acting City Attorney Reynolds
further explained covenants are part of a real estate transaction and are noted in closing
papers to the purchaser.
Councilmember Kurle stated Condition No. 5 of the Hearing Examiner's decision requires the
applicant to provide evidence that the covenants have expired or have been amended to allow
operation of a hair salon at this location.
Councilmember Wagner asked what evidence would suffice to prove the covenants have
expired. Acting City Attorney Reynolds stated the appellant would have to show a vote of
the homeowners terminating the covenants.
Councilmember Haugen noted she counted 51 signatures on the petition submitted by Mr.
Heisserman, and she asked Mr. Heisserman how may residents lived in the Heisserman
Addition. Mr. Heisserman responded there are 61 lots two of which are vacant.
Councilmember Haugen indicated she was not ready to vote on the appeal of Nanette Barnes
until she received more information about other businesses in the Heisserman Addition and
she planned to abstain from any vote.
Motion by Councilmember Brothers to table Application No. MIS0008-94 and refer the
matter back to the Planning and Community Development Committee. There was no second
to Councilmember Brothers' motion.
Motion by Councilmember Burns, second by Councilmember Borden to affirm the Hearing
Examiner's decision.
AUBURN CITY COUNCIL MINUTES
May 2, 1994
Page No. 5
MOTION CARRIED UNANIMOUSLY. 5-0. (Councilmember Haugen abstained.)
B. Audience Particioation - None.
C. Corresoondence
1. A letter dated April 20, 1994 addressed to the Auburn City Council from Frank N. Perry
requesting a change in the Auburn City Ordinance regarding parking.
III. COUNCIL COMMITTEE REPORTS
A. Municioal Services
A3.6.4.4
Chair Brothers reported the Municipal Services Committee cancelled its May 2, 1994 meeting. The
next regularly scheduled meeting of the Municipal Services Committee will be Monday, May 16,
1994 at 4:30 p.m.
B. Planning & Communitv Develooment
A3.6.4.4
Chair Burns reported the Planning and Community Development Committee met on Monday, April
25, 1994 at 7:30 p.m., and the minutes are of public record. Chair Burns requested the City
Council's support of the Planning and Community Development Committee items appearing before
the City Council this evening. Chair Burns also reported the Committee reviewed the downtown
parking ordinance. Chair Burns noted the Committee will probably not address the concerns
expressed by Mr. Perry in his correspondence under Item II.C.l of these minutes.
C. Public Works
A3.6.4.4
Chair Wagner reported the Public Works Committee met on April 25, 1994 and requested the
Council's support of those items appearing before the City Council this evening. Chair Wagner
also reported the Committee reviewed the Six Year Transportation Plan, and the Committee will
invite community representatives to attend the May 23, 1994 Public Works Committee meeting to
review the Plan. The next meeting of the Public Works Committee is scheduled for Monday, May
9, 1994 at 5:30 p.m.
D. Finance
A3.6.4.4
Vice Chair Brothers reported the Finance Committee met this evening at 7:00 p.m. and discussed
claims and payroll. The next meeting of the Finance Committee is scheduled for Monday, May 16,
1994 at 7:00 p.m. Chair Brothers also reported the minutes of the April 18, 1994 meeting of the
Finance Committee were amended to include the attendance of Acting City Attorney Michael
Reynolds and the following: "Vice Chair Brothers questioned whether or not appointees to
Auburn's Board and Commissions were required to be residents of the City. Acting City Attorney
Reynolds indicated they did not, with the exception of the Planning Commission members. Vice
Chair Brothers indicated he felt that this requirement should be considered by the Council for
possible adoption."
AUBURN CITY COUNCIL MINUTES
May 2, 1994
Page No. 6
IV. CONSENT AGENDA
A. Minutes
1. Minutes of the April 18, 1994 regular Council meeting.
2. Amend the March 21, 1994 Council minutes under IV.C.l as follows, "Recommend approval
of utility adjustment to account 3:-~Q3QQ 2.42.1080 in the amount of $3,015.39."
B. Vouchers
F4.9.2, F4.9.5
1. Claim numbers 91396 through 91772 in the amount of $950,571.62, with Claim numbers
91443 through 91450 voided, and dated May 2, 1994.
2. Payroll numbers 203187 through 203675 in the amount of $685,343.35 covering the period
April 19, 1994 to April 22, 1994.
C. Call for Public Hearing
1. Aoolication No. MIS0006-94CP
03.4.3
City Council to schedule a public hearing to be held June 20, 1994 on the Planning
Commission's recommendation to amend the Arterial Street Plan Map.
2. Aoolication No. MIS0009-94
03.8 REZ0003-92, 03.4.4 MISOOOI-94
City Council to schedule a public hearing to be held May 16, 1994 to amend Condition #5C
of Ordinance No. 4660 which authorized the rezone and Comprehensive Plan Map
amendment for the new high school.
D. Surolus Prooertv
F4.6.1
1. Public Works
Request permission to surplus and sell at the next auction the vehicles and equipment listed
below:
Unit License
No. Descriotion Serial Number Number
6426A 1985 Patchmaster Patch Machine 91616 D35474
6444A 1989 FMC Street Sweeper IF9V A3Hl5KP041030 05713D
6471 A 1973 Leroi Compressor 273915 D20006
P040A 1989 Dodge Dynasty 1 B3BC4632KD600816 08059D
6910A 1974 Mack Dump Truck RD686S110jl 04727D
AUBURN CITY COUNCIL MINUTES
May 2, 1994
Page No. 7
Small Eauioment
6459A 1973 Layton Truck Paver
.450A 1987 Stihl Chain Saw
.452A 1978 Homelite Chain Saw
.452B 1978 Homelite Chain Saw
.452C 1981 Stihl Chain Saw
H5463-B-2
(Unreadable)
(Unreadable)
(U nreadable)
(Unreadable)
NjA
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E. Citv Vehicle Purchases
Request permission to purchase three (3) 1994 vans.
F. Contract Administration
1. Public Works Proiect Nos. 516 and 520
04.10.2
Recommend awarding contract for construction of PR 516, Signal at 6th and "A" Street S.E.,
and PR 520, Mountain View Guardrail, Contract No. 94-03 to Totem Electric on their low
bid of $147,379.55.
2. Public Works Proiect No. 502
04.9.1, F2.4.9 LID 341
Recommend awarding contract for construction of 37th Street S.E., "A" Street S.E. to "M"
S.E., LID 341, Contract No. 94-01, PR 502 to R. W. Scott Construction on their low bid of
$1,042,198.27.
Acting City Attorney Reynolds advised he had received contact from one of the bidders on
Consent Agenda Item No. IV.F.2, Public Works Project No. 502, regarding a conflict with
wording contained in a handout versus the bid specifications. Acting City Attorney
Reynolds advised staff has made the determination it is an informality the City can waive as
the bid specifications are accurate.
Motion by Councilmember Kurle, second by Councilmember Burns to approve Consent
Agenda items IV.A.l through IV.F.2 and to modify Item IV.D to declare the items surplus,
notify the surrounding municipalities of the surplused items, and if the items are not wanted
by the surrounding municipalities, the surplused items be sent to auction.
MOTION CARRIED UNANIMOUSLY. 6-0.
V. UNFINISHED BUSINESS - None.
AUBURN CITY COUNCIL MINUTES
May 2, 1994
Page No. 8
VI. NEW BUSINESS
A. Aoolication No. PL T0003-93
03.5 PL T0003-93
The request of TCR Construction for preliminary plat approval of a 9 lot multi-family subdivision
to be located at the 3600-3700 block of Auburn Way South.
Motion by Councilmember Burns, second by Councilmember Haugen to approve the preliminary
plat based upon the Hearing Examiner's Findings of Fact, Conclusions and Conditions; and to
instruct the City Attorney to prepare the necessary Resolution.
MOTION CARRIED UNANIMOUSLY. 6-0.
VII. ORDINANCES AND RESOLUTIONS
A. Ordinances - None.
B. Resolutions
1. Resolution No. 2514
A3.13.4
A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor
and City Clerk to execute an agreement to purchase real property between the City of
Auburn and Caspar C. Clarke and others for the sale of property on Oravetz Road west of R
Street S.E. and south of the White River for park purposes.
Acting City Attorney Reynolds read the title to Resolution No. 2514.
Motion by Councilmember Burns, second by Councilmember Borden to adopt Resolution No.
2514.
MOTION CARRIED UNANIMOUSLY. 6-0.
VIII. MA YOR'S REPORT
A. Suburban Cities Association
Mayor Booth announced the Suburban Cities Association has requested each jurisdiction assign a
member to be a liaison for the following Committees: Human Services Committee, Transportation
Committee, Growth Management Committee, and Regional Services Committee.
Councilmember Burns stated he is a member of the Regional Services Committee, but would not
oppose any Councilmember desiring to serve as the liaison to the Committee.
Councilmember Brothers advised he previously served as a member of the Human Services
Committee, and City of Renton Mayor Earl Clymer has requested he serve as a member of the
Committee again.
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A UBURN CITY COUNCIL MINUTES
May 2, 1994
Page No.9
It was agreed Councilmember Wagner serve as liaison to the Transportation Committee and
Councilmember Kurle serve as liaison to the Growth Management Committee.
B. Executive Session
Mayor Booth announced there will be an approximate 20-minute Executive Session to discuss
potential litigation. The City Council meeting was recessed to Executive Session at 8:50 p.m. The
City Council meeting reconvened at 9:25 p.m.
Citv of Kent-Ramstead Annexation
A1.3.3.2
Motion by Councilmember Burns, second by Councilmember Kurle to approve the Memorandum
of Understanding concerning the Ramstead Annexation as presented to the Council in Executive
Session with the conditions the City of Kent City Council approves the same Memorandum of
Understanding by resolution and the City of Kent City Council approves an additional requirement
that will provide for a pre-deannexationjannexation agreement that will result in the annexation of
the Ramstead "finger" into the city of Auburn.
MOTION CARRIED. 5-1. Councilmember Haugen voted no.
IX. ADJOURNMENT
There being no further business to come before the Council, it was the consensus of the Council to
adjourn the meeting at approximately 9:30 p.m.
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Charles A. Booth, Mayor Robin Wohlhueter, City Clerk
94A5-2