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HomeMy WebLinkAbout03-01-1999 CITY OF AUBURN COUNCIL MEETING MINUTES March 1, 1999 7:30 p.m. CALL TO ORDER Fla,q Salute Mayor Booth called the meeting to order at 7:30 PM and led those in attendance in the Pledge of Allegiance. Roll Call Mayor Booth and the following Councilmembers were present: Pete Lewis, Sue Singer, Jeanne Barber, Trish Borden, Fred Poe, Gene Cerino, and Rich Wagner. Staff members present included: Fire Chief Bob Johnson, Planning and Community Development Director Paul Krauss, Assistant Planning Director Lynn Rued, Finance Director Diane L. Supler, Parks and Recreation Director Dick Deal, Personnel Director Brenda Heineman, Public Works Director Christine Engler, Police Chief Dave Purdy, City Attorney Michael J. Reynolds, and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements a) Special Olympics Reco.qnition Mr. Dave Siebert, Executive Director of Special Olympics Washington, to present special recognition to Police Chief Dave Purdy. Mr. Dave Siebert, Executive Director of Special Olympics Washington presented Police Chief Dave Purdy with a plaque in recognition of his role as Director of the Special Olympics Torch Run Council Page 1 City of Auburn Council Meeting Mip.t,,. March I1. from 1997 through 1998 and for his support of Special Olympics programs. Parks and Recreation Director Deal announced that the City of Auburn will be hosting the Special Olympics Summer Sports Tournament on August 14 and 15, 1999 at Game Farm Park. Appointments There were no appointments for City Council consideration. Agenda Modifications Ordinance No. 5218, transmitted under Item VII.A.2 of these minutes, was submitted as an agenda modification. The ordinance was not available prior to the publication of the agenda. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings Application No. HAP0002-98 A3.23.1 City Council to conduct a closed record hearing on an appeal filed by AADA Systems, Inc. on the Hearing Examiner's decision to deny an appeal of the Planning Director's decision that AADA Systems is not a permitted use in the M-l, Light Industrial District. A closed record headng is limited to the existing record and no new evidence or information is a/lowed to be submitted. Assistant Planning Director Lynn Rued presented the staff report on AADA Systems' appeal of the Planning Director's decision to not allow uses proposed by AADA Systems in the M-1 Light Industrial zone. AADA Systems' business consists of loading and off-loading and temporary storage of vehicles until transport to their final destination. A small office and small maintenance facility is also proposed for the site. The property in question, located at 171 and 211 Clay Street NW, is in the M~I Light Industrial zone. The Comprehensive Plan and Zoning Ordinance are very restrictive of outdoor activities in the M1 zone. Mr. Rued Page 2 City of Auburn Council Meetinq Mim~*,~= March 1, 15~ quoted from Auburn City Code 18.32.060 in part: "All activities shall be conducted entirely within a building." Mr. Rued contended that the outdoor loading and off-loading and temporary parking of vehicles is not an appropriate use for the M1 zone and is more appropriate for the M2 zone. The Planning Director issued the decision that AADA Systems is not a permitted use in the M1 zone. The decision was appealed to the Hearing Examiner. The Hearing Examiner subsequently upheld the Planning Director's decision, and the appeal is now before the City Council. Mr. Rued cautioned that a decision to allow AADA Systems to operate in an M1 zone would affect all M1 zoned property within the city regardless of size of operation. City Attorney Reynolds indicated the Council will be faced with an evidentiary decision this evening. Mr. Reynolds explained that the City Attorney's Office received a public records request from AADA Systems' attorney, Robert E. West, Jr. The records request went beyond the record for the closed record hearing. Mr. Reynolds advised that Mr. West will request that documents contained through the public records request should be included as part of the record. Staff believes that the documents are not part of the record to be reviewed by the Council. The Council will determine whether the documents should be entered as pad of the record. Mayor Booth opened the closed record hearing. Robert E. West, Jr., 332 1st Street NE, Auburn, WA Mr. West identified himself as the attorney representing the appellant, AADA Systems Inc. Mr. West presented the Council with a document entitled, Declaration of Robed E. West, Jr. in re Closed Record Hearing of Application No. HAP0002-98 for entry into record. Mr. West acknowledged that the Hearing Examiner minutes of October 20, 1998 are fair and representative of the testimony and evidence presented and clearly present the issues. He expressed the belief that the appellant met the Page 3 City of Auburn Council Meetin~q Minutes March 1,199,q burden of proof for the issues before the Hearing Examiner, and the Hearing Examiner decision was incorrect. Mr. West explained that AADA Systems Inc. is a transportation broker involving various functions including administrative operations. AADA Systems operates as a clearinghouse between businesses and military and their personnel. Their business involves the transport of primarily automobiles and trucks for people who are relocating their jobs. Most of the vehicles that are transported by AADA Systems do not come into the city but go directly to the Port for shipment. Approximately one to two truck transports per day come into Auburn. The transports may carry up to nine vehicles. The vehicles are off-loaded, parked briefly at the facility, and then reloaded onto smaller trailer transports which usually carry up to three vehicles. Mr. West indicated that it is very rare that a vehicle would remain on site for more than 24 hours. The remaining activities that occur on site and indoors include: administrative office functions, a caretaker facility, security operations, and a small detail shop for small cosmetic repairs. Mr. West explained that the City's interpretation of ,AADA Systems operation, that of off-loading and loading of vehicles, is an outdoor activity and the principal use of the property. The appellant disagrees. AADA is a unique business involving a number of different functions. Mr. West referred to the preamble to the M1 zone and that the predominant goal is to encourage indoor types of uses but it does not exclude all outdoor activities. Mr. West referred to other uses in the area of West Main Street where outdoor uses exist in the M1 zone. He also noted that the record includes photographs of several existing businesses with outdoor uses in the M1 zone. Mr. West pointed out that the M1 zone allows warehousing and distribution facilities to include wholesale trade not open to the general public. This includes motor freight transportation as an incidental use but specifically excludes motor freight transportation as the principal use of the property. Mr. West contended that AADA Systems includes a distribution facility and most activities are conducted indoors with incidental outdoor activities. The M1 zone allows a distribution facility and Page 4 · City of Auburn Council Meetin;! Minutes March 1, permits caretaker quarters. The M1 also permits minimal outside storage limited to ten percent of the associated building square footage. AADA Systems' outdoor storage is under the ten percent allowed. The M1 zone also allows office use. Mr. West maintained that the Hearing Examiner erred in not concluding that AADA Systems does not fit the categories permitted in the M1 zone. The Hearing Examiner also erred in that AADA Systems' principal activity is loading and off-loading of trailers. Mr. West explained that Mr. Curtis, principal owner of AADA Systems, Inc., investigated permitted uses for the property prior to purchasing it. In a letter dated April 23, 1997, addressed to the City of Auburn from Lynn Curtis of AADA Systems, Mr. Curtis requested the City's response to AADA Systems intended use for the property. The letter explained that AADA Systems is a transportation broker of vehicles. The vehicles are prepared for delivery or shipment. At least 75 percent of the vehicles are driven to and from the site. A truck transports the balance. The number of vehicles trucked will be incidental and significantly less than a new car dealer on Auburn Way. Some repairs will be done on site, although minor in scope. Long term storage is not offered and limit short term storage to a few days. AADA Systems has only one truck it keeps on the property. Mr. West referred to a letter received by Mr. Curtis from Keith Niven of the Planning Department. Mr. Niven responded that according to the description of the business, it is the City's determination that AADA Systems can locate in either the M1 or M2 zone within the city of Auburn. However, if the business is located in the M1 zone, the business will be required to meet the standards of the M1 zone. Mr. Curtis then purchased the property for several hundred thousand dollars. When he began utilizing his property, the City prohibited its use. Mr. West described the City's action as unfair and unreasonable to deprive Mr. Curtis of the use of his property. Page 5 .City of Auburn Council Meetin.q Minutes March t, 'I~.'::: Mr. West recalled that AADA Systems appealed the Planning Director's decision to the Hearing Examiner. The appellant presented a complete record to the Hearing Examiner and the contravening evidence submitted by the City was limited. Mr. West advised that the Hearing Examiner did not issue her decision or advise of an extension within the required ten days. The Hearing Examiner denied the appeal. AADA Systems then filed a motion for reconsideration based on erroneous procedure, errors of fact, and errors of law. The Hearing Examiner denied the motion for reconsideration citing in part that the applicant was not prejudiced by her taking extra time to carefully consider the factual and legal issues. Mr. West reported that he requested a copy of documents in the Planning Department file regarding Application No. HAP0002-98. The file contained the documents which constitute the record of the application, but also included some correspondence between the Hearing Examiner and the Planning secretary with regard to some of the draft documents. One of the documents was a transmittal from the Hearing Examiner to the Planning secretary, which included comments by the Hearing Examiner about possibly changing her mind and the CounCil's role. The correspondence referred to by Mr. West is attached is to his declaration submitted to the Council this evening. City Attorney Reynolds advised that the correspondence described by Mr. West is not currently part of the record. The Council must make the decision of whether or not to allow it as part of the record. Mr. West reported that the correspondence was contained in the Planning Department file. He argued the documents should be part of the record because it was contained in the file. City Attorney Reynolds explained staff's position that the documents contained in the Council agenda packet constitute the record before the Hearing Examiner. The Hearing Examiner made the decision and any correspondence after the decision is not relevant and not part of the record. Page 6 City of Auburn Council Meetin~l Minutes March 1, 1~ Mr. West requested the Council consider the additional information. He noted that the correspondence occurred before the motion for reconsideration was made. He urged the Council to reject the Hearing Examiner decision. Councilmember Borden questioned the appellant's intended use of property. Mr. West referred to Mr. Curtis's letter of April, 23, 1997 in which he described that at least 75 percent of the vehicles are driven to and from the site and the balance transported via truck. However, the information before the Hearing Examiner was that less than 75 percent of the vehicles were driven to and from the site as most of it is performed off site. Approximately one to three trailer transports are driven to the site per day. In response to Councilmember Borden's questions regarding paving and landscaping, Mr. West responded that the applicant will meet the code requirements. Assistant Planning Director Rued added that landscaping is required for the street frontage and the paved parking area. The required parking spaces for the office and detail operation will be paved. No perimeter landscaping is required since the use is not classified as storage, and paving is required for parking lots only. Councilmember Wagner questioned whether there exists within the record any quantitative measurement of the various components of the business; for example, the value of number of cars transported without coming to Auburn versus the value of those coming through Auburn to determine whether the use is incidental or primary. Mr. West advised that the record does not contain specific information, although the minutes fairly reflect the essence of the amount of activity conducted on-site versus off-site. Councilmember Poe noted Tim's Cascade, Auburn Auto Auction, auto detail shops, Livingston Boat, and other wholesalers who have outdoor activities are located in the M1 zone. Mr. Rued advised that some of the businesses mentioned by Councilmember Poe and those entered into the record by Mr. West were in existence prior to the 1987 Page 7 City of Auburn Council Meetin~l Minutes March 1, 1~ code change while others are not operating legally and have been turned over to enforcement staff. In response to a question from Councilmember Lewis, Public Works Director Engier advised that the nonconforming uses referred to by Mr. Rued have been notified by the City more than once of their nonconforming operation. Councilmember Lewis inquired whether the City Council could have received the correspondence presented by Mr. West in addition to the documents consisting of the record of the application. City Attorney Reynolds advised that the transmittal correspondence is not part of the official record, and a City Councilmember would be required to submit a records request for the transmittal documents. Mayor Booth added that during a closed record hearing, the Council cannot consider information obtained after the decision and outside the process. Councilmember Wagner noted that the correspondence in question occurred on December 3, 1998; however, the Hearing Examiner did not sign her decision until December 7, 1998. City Attorney Reynolds responded that the transmittal was not relevant to the decision. Councilmember Borden moved and Councilmember Poe seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Borden moved and Councilmember Poe seconded to overturn the Hearing Examiner decision. Councilmember Lewis questioned the next step for the applicant if the Council overturns the Hearing Examiner decision. Assistant Planning Director Rued explained that the applicant would apply for permits to build the facility. The zoning code standards require a few landscaping trees along the street and a few trees in the parking lot. Mr. Rued stated the Council decision would then be applied to every other M1 zoned piece of property within the city regardless Page 8 City of Auburn Council Meetin~l Minutes March 1, 1999 of its size. Any other similar use would be treated the same as the decision issued by the Council. City Attorney Reynolds briefly explained the procedure for ruling on the admission of evidence. Councilmember Cerino commented that should the City Council reject the Hearing Examiner decision, the Council's action is not intended to allow all types or amounts of outdoor activities in the M1 zone, Businesses locating in the M1 zone would need to meet the code or be similar to the activities proposed by AADA Systems. Councilmember Borden spoke in favor of allowing AADA Systems' proposed use of the property. She suggested the City Council then review the M1 zoning for the concerns expressed by Mr. Rued. Councilmember Wagner concurred with Councilmember Borden's suggestion to review the M1 zoning standards. Councilmember Lewis also suggested the Planning and Community Development Committee review the M1 zoning standards. Councilmember Poe also recommended addressing the concerns regarding the M1 zoning standards. MOTION CARRIED UNANIMOUSLY. 7-0. B. Audience Participation Scott Switzer 1300 Supermall Way, Auburn, WA Mr. Switzer spoke on behalf of Funsters. He expressed concern with the proposed increase in tax on social card games, but agreed that the increase to twelve percent is a good compromise. He encouraged the Council to review the tax on social card games sometime in the future to determine whether it is a reasonable tax rate. Page 9 ,City of Auburn Council Meetinfl Minutes March 1, 19C~ III. Burke Sower, 1215 24th Street SE, Auburn, WA Mr. Sower spoke ag,ainst the proliferation of card games and other gambling activities. Correspondence No correspondence was received for City Council review. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Chair Poe reported the Municipal Services Committee met this evening. The Committee reviewed a proposed ordinance regarding airport hangar and tie-down rental fees, and an agreement for subleasing premises at the airport. The Committee also reviewed Resolution No. 3067 authorizing a Purchase and Sale Agreement with Ron Forte for property which will improve access to the new library site. The next regular meeting of the Municipal Services Committee is scheduled for March 15, 1998 at 6:00 PM. Plannin.q & Community Development Chair Borden reported the Planning and Community Development Committee met February 22, 1999. The Committee recommended approval of resolutions regarding Community Health Centers of King County. The Committee also recommended a call for bids for the skate park, received a presentation on neighborhood grants, received a report on the King County Library bids, and discussed the Commuter Rail Station. The next regular meeting of the Planning and Community Development Committee is scheduled for March 8, 1999 at 7:00 PM which is a change in meeting time. Public Works Chair Wagner reported the Public Works Committee met March 22, 1999. The Committee discussed the redevelopment of Main Street and "D" Street SE and possible adjustments to the half-street ordinance. The issue will come before the Council sometime in the near future. The Committee also discussed transportation impact fees and the Design and Construction Standards appeal process. The Committee determined that the appeal procedure used now needs to be documented and included in the Design Standards. Page 10 III I I --- ~] City of Auburn Council Meeting Minutes March l, t9~ IV, The next regular meeting of the Public Works Committee is scheduled for March 8, 1999 at 4:30 PM. Finance Chair Barber reported the Finance Committee met this evening at 6:30 PM. The Committee discussed and recommended approval of claims and payroll vouchers and Ordinance No. 5218. The Committee also received a legislative update. The next regular meeting of the Finance Committee is scheduled for Monday, March 15, 1999 at 6:30 PM. CONSENT AGENDA A. Minutes Minutes of the February 16, 1999 regular City Council meeting. B. Vouchers F4.9.2,F4.9.5 Claims Claims check numbers 139665 through 139919 in the amount of $1,369,279.25 for Period 15 and dated March 1, 1999. Payroll Payroll check numbers 251351 to 251565 in the amount of $395,789.56 and electronic deposit transmissions in the amount of $527,285.99 for a grand total of $923,075.55 for the pay period covering February 11 to February 24, 1999. C. Contract Administration Public Works Project Numbers PR 609, PR 610, PR 611, and PR 618 City Council approve Final Pay Estimate No. 5, Contract Number 98-07 in the amount of $69,704.28 to Robison Construction, Inc., and accept construction of Public Works Project Numbers PR 609, PR 610, PR 611, and PR 618, Lea Hill Intertie Pipelines. Page 11 City of Auburn Council MeetinR Minutes March 1, 19~ VI. Small Works Project Number MS 727 05.2 City Council award Small Works Contract No. 99-03, Project Number MS727, to Wm. Dickson Company on their Iow bid of $23,800 plus Washington State sales tax of $2,046.80 for the demolition of the Fenster residence Councilmember Barber moved and Councilmember Wagner seconded to approve the Consent Agenda. MOTION CARRIED UNANIMOUSLY. 7-0. UNFINISHED BUSINESS There were no items for review under this section. NEW BUSINESS There were no items for review under this section. VII. ORDINANCES AND RESOLUTIONS A. Ordinances Ordinance No. 5216 F4.3, O4.11.2 An Ordinance of the City Council of the City of Auburn, Washington, amending Auburn City Code Chapter 13.06 entitled "Water Utility" for purposes of consolidating water utility fees into one section of the water utility chapter and to revise fees to reflect current costs of providing the water utility service. Councilmember Wagner moved and Counciimember Cerino seconded to introduce and adopt Ordinance No. 5216. MOTION CARRIED UNANIMOUSLY. 7-0. Ordinance No. 5218 F6.4 An Ordinance of the City Council of the City of Auburn, King County, Washington, amending Auburn City Code Section 5.44.060 entitled "Tax - Levy - Social Card Games" contained in Auburn City Code Chapter 5.44 entitled "Gambling Activities" to increase the tax rate on social card Page 12 City of Auburn Council Meeting Minutes March 1, 1999 games as defined in RCW 9.46.0282 from ten to twelve percent effective September 1, 1999. Councilmember Barber moved and Councilmember Wagner seconded to introduce and adopt Ordinance No. 5218. Councilmember Borden asked for information from the Finance Committee on the impacts to the community by gambling businesses. She questioned whether a two percent increase in the tax on card games was sufficient in light of other cities contemplating a twenty pement tax on card rooms. Councilmember Barber explained that based on the information received from existing operators of card rooms, an increase in the gambling tax to twelve percent was fair and represents a compromise between those who want to increase the tax higher and those who want no change in the tax. Councilmember Cerino noted that Auburn is the site of Emerald Downs and the Muckleshoot Casino over which the City has no control. Any type of deterrent would create a monopoly. He also noted that the State Legislature is also considering controls on gambling taxes. Councilmember Lewis explained that the intent of the tax increase is to prevent Auburn from having the lowest tax rate for card rooms and represents an increase that could be supported by a majority of the Council. Councilmember Wagner spoke in favor of increasing the tax rate on card rooms to twelve percent to ensure that Auburn does not have the lowest tax rate on card rooms. He noted that Auburn is already the site of two large gambling establishments and others will locate in some proximity to them. Councilmember Wagner also expressed the belief that based on the business information provided by Fred Steiner, card room establishments cannot operate with a twenty percent tax rate, and a twenty percent tax would effectively ban card reoms. Page 13 City of Auburn Council Meeting Minutes March Councilmember Poe suggested continuing the moratorim and leaving the tax rate at ten percent until after the Legislature takes 'action on pending legislation. He expressed opposition to increasing the tax. Councilmember Lewis added that action by the Legislature is still unknown at this time.He expressed support for adopting Ordinance No. 5218. Councilmember Barber spoke in favor of adopting Ordinance No. 5218. Councilmember Borden spoke in favor of studying the impacts of gambling on the community. In response to a question from Councilmember Borden, City Attorney Reynolds explained that the moratorium is for a period of six months. Mr. Reynolds also advised a disagreement exists between the City Attorneys and the Gambling Commission with regard to the concept of moratoriums and the application of zoning to gambling. Councilmember Singer expressed support for the increase in tax on card rooms from ten to twelve percent. The tax rate will generate a substantial amount of tax which can be used for the good of the community. Councilmember Cerino expressed support for leaving the tax rate at ten percent. Motion by Councilmember Cerino, second by Councilmember Poe to amend Ordinance No. 5218 to change the proposed tax rate from twelve to ten percent. it was noted that the existing tax rate is ten percent. Counciimember Cedno explained that his motion would clarify the Council's position on the tax rate. Finance Director Supler explained that the proceeds from the gambling tax must first be spent on gambling enforcement. Thereafter, the City has discretion for its expenditure. Page 14 City of Auburn Council Meeting Minutes March 1~ 199,~ MOTION FAILED. 2-5. Councilmembers Barber, Borden, Lewis, Singer and Wagner voted no. MOTION TO ADOPT ORDINANCE NO. 5218 CARRIED UNANIMOUSLY. 7-0. Resolutions Resolution No. 3063 A3.17, O3.11.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and the City Clerk of the City of Auburn to terminate the Lease Agreement between the City of Auburn and Community Health Centers of King County. Councilmember Borden moved and Councilmember Lewis seconded to adopt Resolution No. 3063. MOTION CARRIED UNANIMOUSLY. 7-0. Resolution No. 3064 A3.17, O3.11.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and the City Clerk of the City of Auburn to execute a Lease Agreement between the City of Auburn and Community Health Centers of King County and for Community Health Centers of King County to furnish a lien to the City of Auburn, Washington in the amount of $23,750.00. Councilmember Borden moved and Councilmember Singer seconded to adopt Resolution No. 3064. MOTION CARRIED UNANIMOUSLY. 7-0. Page 15 I]1 I i H~! City of Auburn Council Meetin.q Minutes March 1,199q Resolution No. 3067 A3.13.4 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a Purchase and Sale Agreement between the City of Auburn and Ron Forte, President of Forte, Inc., in the amount of $13,750.00. Councilmember Poe moved and Councilmember Cerino seconded to adopt Resolution No. 3067. MOTION CARRIED UNANIMOUSLY. 7-0. VIII. MAYOR'S REPORT Certificate of Appreciation Mayor Booth announced that Chief Dave Purdy is the recipient of a Certificate of Appreciation from King County Executive Ron Sims in recognition of his service to the Critical Incident Stress Management Team for the Seattle-King Department of Public Health. Executive Session Mayor Booth recessed the meeting to executive session at 9:24 PM for approximately twenty minutes in order to discuss matters relating to collective bargaining. Mayor Booth indicated no action would be taken by the Council following the executive session. Mayor Booth reconvened the meeting at 9:50 PM. IX. ADJOURNMENT There being no further business to come before the Council this evening, the meeting adjourned at 9:50 PM. Approved on the /5- ~ day of ~'l,/~~ ,1999. Charles A. Booth, Mayor Danielle Daskam, City Clerk Page 16