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HomeMy WebLinkAbout07-05-2000 CiTY OF AUBURN COUNCIL MEETING MINUTES July 5, 2000 7:30 PM I. CALL TO ORDER A. Flag Salute Mayor Chades A. Booth called the meeting to order at 7:30 PM and led those in attendance in the Pledge of Allegiance. B. Roll Call Mayor Booth and the follow!ng Councilmembers were present: Rich Wagner, Jeanne Barber, Trish Borden, Fred Poe, Pete Lewis and Stacey Brothers. Councilmember Sue Singer was excused. Staff members present included: Planning Director Paul Krauss, Assistant Planning Director Lynn Rued, Police Chief Jim Kelly, Fire Chief Bob Johnson, Finance Director Diane L. Supler, Parks and Recreation Director Dick Deal, Assistant Personnel Director Roger Cartwright, City Attorney Michael J. Reynolds, Public Works Director Christine Engler, and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements There was no announcement. 2. Appointments There was no appointment for City Council review. D. Agenda Modifications There were no agenda modifications. Page I City of Auburn Council Meeting Minutes July 5, 2000 II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings No public hearing was scheduled for this evening. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Debra Novak, 721 6th Street SE, Auburn Ms. Novak displayed a box of expended fireworks debris that she collected from her yard and parking area. She objected to fireworks in the city of Auburn because of the noise, litter, and pollution it creates as well as stress to pets and discord among neighbors. She reported that her neighbors were detonating fireworks for several days and into the early morning hours. She spoke in favor of a fireworks ban in the city of Auburn. Gary AIlment, 115 R Street NE, Auburn Mr. AIlment spoke regarding fireworks in the city of Aubum. He expressed concern with the stress on pets created by fireworks noise. He also noted the amount of litter and debris created by fireworks. He urged the Council to better control fireworks and enforce the City's litter law. Cory Spang, 2014 C Street SE, Auburn Mr. Spang spoke regarding the City's 21st Street Storm Improvements Project. Mr. Spang reported that he owns property adjacent to the project site. He indicated the project includes a proposed six-foot fence to be built one foot off his property line. He requested that the City move the fence back a couple more feet from the property line and move the landscaping outside the fence rather than inside the fence line. Jeff Rovegno, 3307 168th Place, Auburn, WA Mr. Rovegno identified himself as the owner of the Mecca Tavern located at I East Main Street. He spoke regarding proposed ordinances on the agenda this evening regarding zoning and taverns in the downtown area. He expressed concern with the effect of the ordinances on existing businesses. He requested as much advance notice as possible on any changes that would effect Page 2 City of Auburn Council Meeting Minutes July 5, 2000 the continuity of his business. Councilmember Borden pointed out that the existing tavern businesses are grandfathered in under the proposed ordinances. Mark Hancock, PO Box 1772, Auburn, WA Mr. Hancock announced his attendance this evening as a represenative of LaPianta Limited Partnership with regard to Application Number MIN0001-99 on the Council agenda this evening. C. Correspondence There was no correspondence for City Council review. Ill. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Vice Chair Wagner reported the Municipal Services Committee met this evening at 6:00. The Committee discussed Ordinance Nos. 5415 and 5419, which accept grants. The Committee also discussed the airport lease policies and proposed amendments to increase the lease rate by approximately 25 percent, postpone the potential leasing of the hangar areas, and to move forward with the potential lease of the twin engine hangar areas. Vice Chair Wagner also reported the Committee received a report from the Police Department regarding fireworks activity throughout the city, including the Muckleshoot Reservation. There was nearly 1,000 people detonating fireworks on the reservation. The Municipal Services Committee has asked the Police Department to compile data related to a total ban of fireworks. Vice Chair Wagner stated it takes one year from enactment for a ban to be enforced. The next regular meeting of the Municipal Services Committee is scheduled for Monday, July 17, 2000 at 6:00 PM B. Planning & Community Development Chair Borden reported the Planning and Community Development Committee did not meet last week. The next regular meeting of the Planning and Community Development Committee is scheduled for July 10, 2000 at 6:30 PM. Page 3 City of Auburn Council Meeting Minutes July 5, 2000 C. Public Works Chair Wagner reported the Public Works Committee met June 26, 2000. The Committee discussed contract administration items. The Committee also received a report on the Six Year Transportation Improvement Plan and discussed the Water Conservation Plan. In addition, Public Works Director Engler reported on a number of interlocal issues involving Bonney Lake, Pacific, and the Muckleshoot Tribe. The next regular meeting of Public Works Committee is scheduled for July 10, 2000 at 4:30 PM. D. Finance Chair Barber reported the Finance Committee met this evening at 6:30 PM. The Committee reviewed and recommended approval of consent items including claims and payroll vouchers and surplus equipment. The Committee discussed proposed Ordinance No. 5413 relating to LID 347, the 1999 audit results, Valley Com financing, Council salaries and benefits, and proposed 2000 Budget amendments. The next regular meeting of the Finance Committee is scheduled for July 17, 2000 at 6:30 PM. IV. CONSENT AGENDA A. Minutes 1. Minutes of the June 19, 2000 regular City Council meeting. 2. Minutes of the June 12, 2000 special City Council meeting. B. Vouchers F4.9.2,F4.9.5 1. Claims Claims check numbers 152361 through 152817 in the amount of $779,623.30 for Period 6 and dated July 5, 2000. 2. Payroll Payroll check numbers 258800 to 259009 in the amount of $339,082.26 and electronic deposit transmissions in the amount of $638,606.80 for a grand total of.$977,689.06 for the pay period covering June 14, 2000 to June 27, 2000. Page 4 City of Auburn Council Meeting Minutes July 5, 2000 C. Contract Administration 1. Public Works Project Number C9048 04.6.3 C9048 City Council to grant permission to advertise for bids for Public Works Project Number C9048, Contract 00-01, Year 2000 Sanitary Sewer Replacement Program. 2. Public Works Project Number C8064 04.9.1 C8064 City Council to award the bid for Contract 00-09, Project Number C8064, Kersey Way Improvements, to the lowest responsible bidder. 3. Public Works Project Number C9035/C9014 O4.8.1 C9035/C9014 City Council to award the bid for Contract 00-05, Project Number C9035/C9014 21st Street Storm Improvements, to RCI Construction Inc. on their low bid of $876,966 plus Washington State sales tax of $58,667.65 for a total contract price of $935,633.65. 4. Auburn Municipal Airport Tree Removal 04.4.9.2 City Council to award the contract for tree removal at Auburn Municipal Airport to R. L. Clearing and Excavating, Inc., in the amount of $35,000 plus Washington State sales tax. D. Surplus Property F4.6.1 1. Auburn Municipal Court City Council to authorize the surplus and disposal of the following equipment that is either broken or obsolete: 1 monitor stand 1 printer table 1 typewriter tabie 2 stacking chairs 8 partitions 55" x 66" 1 partition 36" x 55" 1 desk chair 3 calculators Page 5 City of Auburn Council Meeting Minutes ,July 5, 2000 6 electrical cords 2 microphones w/cords 3 microphone stands 1 mike cord w/4 jacks and 4 plugs 4 wire cords w/jacks 1 desk lamp 1 metal cabinet 2. Legal Department , City Council to authorize the surplus and disposal of the following equipment that is either broken or obsolete: IBM Selectric III electric typewriter 5 drawer lateral filing cabinet 3. Finance Department City Council to authorize the surplus of the following described property which is not in working order or is no longer in use: one (1) two-drawer filing cabinet (narrow) - broken one (1)four-drawer filing cabinet (narrow) one (1) 6 x 10 foot metal shelving Councilmember Barber moved and Councilmember Wagner seconded to approve the Consent Agenda. MOTION CARRIED UNANIMOUSLY. 6-0. V. UNFINISHED BUSINESS A. Auburn Airport Lease Policies, Lease Rates, and Bids for Hangar Sites 04.4.9 City Council to adopt the Airport development lease policies, accept the lease rate recommendations contained in the report by Bruce Allen & Associates Inc., and authorize staff to advertise for bids for hangar sites. The Auburn Airport Lease Policies, Lease Rates and Bids for Hangar Sites was tabled at the June 19, 2000 City Council meeting. Councilmember Wagner moved and Councilmember Borden seconded to remove from the table and adopt a modified version of Page 6 City of Auburn Council Meeting Minutes July 5, 2000 the lease policies and lease rate recommendations contained in the agenda packet modifying the rate for lease to forty cents ($0.40) per square foot and limiting to the ground space for the twin hangars at the far south end of the airport proposed development. MOTION CARRIED UNANIMOUSLY. 6-0. VI. NEW BUSINESS A. Application No. CUP00-0002 O3.10.1 cuPoo-oo02 City Council to consider the request of Jeff Woodward and Jim Cox for a conditional use permit to allow the construction of three duplexes on property located at 2121 "D" Street SE. Assistant Planning Director Lynn Rued presented a brief staff report for Application No. CUP00-0002. The proposal is to replace an existing mobile home on the property with three duplex units. The proposal meets all the zoning standards of the City. He noted that one of the Hearing Examiner's conditions provides that the applicant shall demonstrate that there is sufficient water pressure for minimum fire flow. Councilmember Borden moved and Councilmember Lewis seconded to approve the conditional use permit based on the Hearing Examiner's Findings of Fact, Conclusions and Conditions; and instruct the City Attorney to prepare the necessary ordinance. Councilmember Poe questioned whether the proposal meets the City's standards as the lot appears to be a panhandle lot. Assistant Planning Director Rued explained that the lot is an existing lot. Regulations for panhandle lots would apply to newly platted lots. In response to a question from Councilmember Lewis, Assistant Planning Director Rued stated that the Zoning Code contains a limitation of 100 feet for new lots. The reason for the limitation is primarily for emergency access. Councilmember Wagner questioned whether the "No Parking" signs could be enforced in the turn-around. Chief Johnson confirmed that they could be enforced. Page 7 City of Auburn Council Meeting Minutes July 5, 2000 Councilmember Brothers questioned the reason for the conditional use permit. Assistant Planning Director Rued explained that the R- 3 allows for one duplex per lot. A conditional use permit is required for more than one duplex. The applicant is requesting a total of three duplex units for the lot. Councilmember Borden requested that staff include discussion of panhandle lots on the next Planning and Community Development Committee agenda. Councilmember Poe stated he does not oppose the layout of the project, and spoke in favor of discussing the issue of panhandle lots at the next Planning and Community Development Committee meeting. Councilmember Lewis agreed with Councilmember Poe's comments regarding the proposal and panhandle lots in general. MOTION CARRIED UNANIMOUSLY. 6-0. B. Application No. CUP00-0003 03.10.1 CuPoo-oo03 City Council to consider the request of Cliff and Cheryl Dechand for a conditional use permit to allow a drive through espresso stand to be located in the side yard located adjacent to "D" Street SW at 410 West Main Street. Councilmember Borden moved and Councilmember Brothers seconded to approve the conditional use permit based on the Hearing Examiner's Findings of Fact, Conclusions and Conditions, and instruct the City Attorney to prepare the necessary ordinance. There was brief discussion regarding the entrance and exit for the drive through espresso stand. MOTION CARRIED UNANIMOUSLY. 6-0. C. Application No. MIN0001-99 03.10.3 MIN0001-99 City Council to consider the request of La Pianta Limited Partnership for a mining permit to continue mining operations at the Meade Pit located at 1740 Auburn-Black Diamond Road. Page 8 City of Auburn Council Meeting Minutes July 5, 2000 Councilmember Borden moved and Councilmember Poe seconded to approve surface mining permit based on the Hearing Examiner's Findings of Fact, Conclusions and Conditions and instruct the City Attorney to prepare the necessary ordinance. In response to questions from Councilmember Brothers, Assistant Planning Director Rued'advised that the mine was originally granted a permit in 1980 and is anticipated to operate another ten years to remove two million cubic yards of material. MOTION CARRIED UNANIMOUSLY. 6-0. D. Airport Storage Room Rental Rates and Hangar Damage Deposit Fee F4.3, 04.4.9.3 City Council to consider adjusted storage room rental rates and a hangar damage deposit fee. Councilmember Wagner moved to approve the adjusted storage room rental rates, AS90 to $100 and AS10 to $120, and implement a hangar damage deposit fee. Planning Director Krauss noted that the adjusted storage room rental rates apply only to those rooms affected by the installation of the sprinkler system. MOTION CARRIED UNANIMOUSLY. 6-0. VII. ORDINANCES AND RESOLUTIONS A. Ordinances 1. Ordinance No. 5382 O3.4.2.1.2 An Ordinance of the City of Auburn, King County, Washington, amending Auburn City Code Title 18 entitled "Zoning" Chapter 18.04, entitled "Definitions", to provide definitions for brewpub, restaurant, and tavern. Councilmember Borden moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5382. Page 9 City of Auburn Council Meeting Minutes July 5, 2000 Planning Director Krauss responded to questions posed by Councilmember Brothers. The main direction for the ordinance was the fact the taverns in the downtown area are unregulated. Mr. Krauss indicated there are no brewpubs currently located in the city of Auburn. The definition of brewpub was included in the ordinance as it is a fairly new concept and some brewpub developers have looked at Auburn for a possible site. The minimum and maximum barrel production rates for brewpubs come from state law. MOTION CARRIED UNANIMOUSLY. 6-0. 2. Ordinance No. 5383 o3.4.2.1.2 An Ordinance of the City of Auburn, King County, Washington, amending Auburn City Code Title 18 entitled "Zoning" and amending Chapter 18.26 entitled "C-1 Light Commercial District" by adding subsection 18.26.030 entitled "Uses Requiring a Permit" to eliminate taverns as an allowed use for which a conditional use permit can be issued in the C-1 Light Commercial District and to establish brewpubs as a use for which a conditional use permit can be issued and amending Chapter 18.28 entitled "C-2 Central Business District" by amending Section 18.28.030 entitled "Uses Requiring a Permit" to eliminate taverns as an allowed use for which a conditional use permit can be issued in the C-2 Central Business District and to establish brewpubs as a use requiring a conditional use permit and amending Section 18.30.020 entitled permitted uses to include brewpubs as a use in the "C-3 Heavy Commercial Zone." Councilmember Borden moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5383. In response to questions from Councilmember Brothers, Planning Director Krauss estimated there are five taverns in the downtown C-2 district. Mr. Krauss was unsure of the number of taverns in the C-1 district. Mr. Krauss explained that as a nonconforming use the tavern owners can operate as before, make repairs to their buildings, apply to increase their area by twenty-five percent, and change ownership. Page 10 City of Auburn Council Meeting Minutes July 5, 2000 Mr. Krauss was unsure of the amount of taxes derived from the affected taverns. Mr. Krauss added that there is a continuing ongoing concern over the impacts of the taverns on downtown development. The proposed ordinance does not have a direct impact on existing taverns, but prevents new ones from locating in the downtown area. The issue of taverns in the downtown area has come up repeatedly during the preparation of the Downtown Plan over the past two years. He stressed that it is not an attempt to legislate morality. MOTION CARRIED UNANIMOUSLY. 6-0. 3. Ordinance No. 5412 O3.1 ANX0002-99 An Ordinance of the City of Auburn, Washington, annexing to the city a 1.5 acre of land located at 28418 85th Avenue South in King County. Councilmember Borden moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5412. MOTION CARRIED UNANIMOUSLY. 6-0. 4. Ordinance No. 5414 ol .8 An Ordinance of the City Council of the City of Auburn, King County, Washington, adopting a new City Code Chapter 9.14 entitled "Revised Code of Washington Section 66.44.200 entitled 'Sales to Persons Apparently Under the Influence of Liquor-Purchases or Consumption by Persons Apparently Under the Influence of Liquor on Licenses Premises-Penalty-Notice-Separation of Actions' Adopted by Reference"; creating Section 9.14.010 entitled "Adopted- Copy Filed and Authenticated"; creating Section 9.14.020 entitled "Severability". Councilmember Wagner moved and Councilmember Borden seconded to introduce and adopt Ordinance No. 5414. In response to questions from Councilmember Brothers, Police Chief Kelly explained that Ordinance No. 5414 adopts Page 11 City of Auburn Council Meeting Minutes July 5, 2000 RCW 66.44.200 by reference. Councilmember Brothers questioned utilizing the word "apparently" in the title of the section, Chief Kelly stated it is part of the statute and explained that business owners and servers are instructed by the Liquor Control Board to recognize the signs of persons under the influence of alcohol, City Attorney Reynolds advised that the maximum penalty for violation is one year imprisonment and $5,000 fine. MOTION CARRIED UNANIMOUSLY. 6-0. 5. Ordinance No. 5415 F5.3 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the acceptance of certain equipment from King County, the recipient of U.S. Department of Justice monies under the State and Local Domestic Preparedness Equipment Support Program Project, to respond to terrorist incidents involving weapons of mass destruction, and authorizing the Mayor and City Clerk to execute the certifications and assurances document and the Distribution Agreement required of subrecipients of equipment purchased with federal funds under the State and Local Domestic Preparedness Equipment Support Program Project, Award No. 2000-TE-CX-0003. Councilmember Wagner moved and Councilmember Borden seconded to adopt Ordinance No. 5415. Councilmember Brothers questioned the purpose of equipment the City will receive from King County. Fire Chief Johnson responded that the City will receive chemical, radiological, and biological protective gear and chemical detectors. A full list of the equipment is contained in the agenda packet. MOTION CARRIED UNANIMOUSLY. 6-0. Page 12 City of Auburn Council Meeting Minutes July 5, 2000 6. Ordinance No. 5419 F5.2 An Ordinance of the City Council of the City of Auburn, King County, Washington, approving acceptance of grant funds from the State of Washington Military Department, Emergency Management Division, in the amount of One Thousand Five Hundred and 00/100 Dollars, ($1,500.00), and authorizing execution of Contract No. EM010188 approving the expenditure and appropriation of said grant funds. Councilmember Wagner moved and Councilmember Borden seconded to introduce and adopt Ordinance No. 5419. MOTION CARRIED UNANIMOUSLY. 6-0. B. Resolutions 1. Resolution No. 3233 05.1.3 A Resolution of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn, to execute an Agreement with Ries Niemi, dba Manmade, to design and produce a sundial for Les Gove Park. Councilmember Borden moved and Councilmember Poe seconded to adopt Resolution No. 3233. MOTION CARRIED UNANIMOUSLY. 6-0. 2. Resolution No. 3234 05.1.2 A Resolution of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn, to authorize the Mayor to re-name "City Park" as "Veterans Memorial Park." Councilmember Borden moved and Councilmember Barber seconded to adopt Resolution No. 3234. MOTION CARRIED UNANIMOUSLY. 6-0. Page 13 City of Auburn Council Meeting Minutes July 5, 2000 3. Resolution No. 3238 O1.11 A Resolution of the City Council of the City of Auburn, King County, Washington, authorizing the Mayor and the City Clerk to execute an Interlocal Cooperative Agreement Combined Regional Emergency Services Unit Operational Agreement between the Seattle Port Authority and the cities of Auburn, Renton, and Tukwila. Councilmember Wagner moved and Councilmember Borden seconded to adopt Resolution No. 3238. MOTION CARRIED UNANIMOUSLY. 6-0. VIII. MAYOR'S REPORT A. Executive Session No executive session was held this evening. B. ESA, Lake Tapps, and South 277th Mayor Booth briefly commented on the Endangered Species Act (ESA), the Lake Tapps water issue, and the 277th Street Project. IX. ADJOURNMENT There being no further business to come before the City Council, the meeting adjourned at 8:33 PM. Approved on the//2 ~ day of ~ ,2000. Mayor D ~ Page 14