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HomeMy WebLinkAbout05-02-1994 c\tyOI' ~ Auburn ~ ~$IJin~~ 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 NjA NjA NjA NjA 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. ~ 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. ~C.ß~~ ~ø~ Charles A. Booth, Mayor Robin Wohlhueter, City Clerk 94A5-2