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HomeMy WebLinkAbout01-02-2001 CITY OF AUBURN COUNCIL MEETING MINUTES January 2, 2001 7:30 PM I. CALL TO ORDER A. Flag Salute Mayor Charles 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 following Councilmembers were present: Rich Wagner, Jeanne Barber, Trish Borden, Fred Poe, Pete Lewis and Stacey Brothers. Councilmember Sue Singer was excused from the meeting. Staff members present included: Parks and Recreation Director Dick Deal, Personnel Director Brenda Heineman, Assistant Police Chief Marion Dukes, Fire Officer Dan Bosch, Assistant City Engineer Dennis Selle, Solid Waste Supervisor Sharon Conroy, Finance Director Diane Supler, Planning Director Paul Krauss, Assistant Planning Director Lynn Rued, City Attorney Michael J. Reynolds, and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements There were no announcements 2. Appointments City Council to confirm appointments to the following Boards and Commissions: Airport Advisory Board The reappointment of Joe Dejoie to a five-year term to expire December 31, 2005. Page City of Auburn Council Meeting Minutes January 2, 2001 Arts Commission The reappointment of Dr. Herman Ansingh to a three-year term to expire December 31, 2003. The reappointment of Don Gardner to a three-year term to expire December 31,2003. The reappointment of Bonnie Egbert to a three-year term to expire December 31, 2003. The reappointment of Steve Le Penske to a three-year term to expire December 31,2003. The reappointment of Anne Baunach to a three-year term to expire December 31, 2003. Cemetery Board The reappointment of Lucille Whittall to a five-year term to expire December 31, 2005. The reappointment of Fred Helser to a five-year term to expire December 31, 2005. Human Services Committee The reappointment of Jeani Rottie to a five-year term to expire December 31, 2005. The reappointment of Dan Shields to a five-year term to expire December 31, 2005. The reappointment of Joanne Waiters to a five-year term to expire December 31,2005. Library Board The reappointment of Phillip Jenkins to a five-year term to expire December 31,2005. Park Board The reappointment of Vicki Gilthvedt to a three-year term to expire December 31, 2003. Page 2 City of Auburn Council Meeting Minutes January 2, 2001 The reappointment of Pete Whittall to a three-year term to expire December 31, 2003. The appointment of Greg Clark to a three-year term to expire December 31, 2003. Councilmember Barber moved and Councilmember Poe seconded to confirm the appointments to Boards and Commissions as presented as part of the agenda modifications. MOTION CARRIED UNANIMOUSLY. 6-0. D. Agenda Modifications Agenda modifications included Board and Commission appointments transmitted under Item I.C.2 of these minutes and correspondence related to Closed Record Appeal HAP00-0002 transmitted under Item II.B. 1 of these minutes. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Application No. V-03-00 03.9 V-03-00 City Council to consider a petition for vacation of an alleyway located south of West Main Street, between "G" Street SW and the Union Pacific Railroad line. Assistant City Engineer Selle presented the staff report for Auburn Dairy's application to vacate an alleyway located south of West Main Street between "G" Street SW and the Union Pacific Railroad line. Auburn Dairy owns property on both sides of the alley, and they desire to build over the alley to improve their facility. Mr. Selle advised that the City has received no requests for existing or future easement dghts from any utility. The water line previously located in the alleyway has been relocated to adjacent right-of-way. The existing storm and sewer lines serve only Auburn Dairy. Mr. Selle reported the City has no plans for future public utilities to be located in the alleyway and staff has no transportation or access needs for the alley. Staff recommends approval of the vacation with conditions requiring Auburn Dairy to Page 3 City of Auburn Council Meeting Minutes January 2, 2001 assume ownership of the storm and sewer lines and agree to reconstruct a new side sewer during the time of redevelopment or within six months from the date of approval of vacation. Mayor Booth opened the public hearing. City Attorney Reynolds advised that Councilmember Lewis has excused himself from the proceeding due to a potential conflict of interest. Duncan Wilson, 1400 Talbot Road South, Suite 400, Renton, WA Mr. Wilson identified himself as an attorney representing Auburn Dairy. He spoke in favor of the staff recommendation and the vacation of the alleyway. He explained that the vacation would allow redevelopment and reconstruction of Auburn Dairy to allow a linear flow for production. He also noted that Auburn Dairy paid over $11,000 to relocate the water line. He urged the Council to approve the alley vacation. Martin Lavine, Auburn Dairy, 702 West Main Street, Auburn, WA In response to questions from Councilmember Brothers, Mr. Lavine advised that Aubum Dairy employs approximately thirty people. He anticipates redevelopment and reconstruction to take approximately one year. Councilmember Wagner moved and Councilmember Poe seconded to close the public hearing. MOTION CARRIED. 5-0. City Attorney Reynolds read the title of Ordinance No. 5497 approving the alley vacation. Councilmember Wagner moved and Councilmember Poe seconded to introduce and adopt Ordinance No. 5497. MOTION CARRIED. 5-0. Page 4 City of Auburn Council Meeting Minutes January 2, 2001 B. Closed Record Hearings This is a closed record hearing where any public testimony must be strictly limited to the issues involving the proposal and must also be limited to comments "on the record". No new or additional evidence may be allowed. 1. HAP00-0002 A3.23.1 HAP00-0002 City Council to consider an appeal filed by Roy Haueter on the Hearing Examiner's decision to affirm the Planning Director's decision to not allow the expansion of a nonconforming use located at 102 Auburn Way North. City Attorney Reynolds advised that Councilmember Lewis has excused himself from the proceeding due to a potential conflict of interest. Councilmember Lewis left the meeting room during the hearing and Council consideration of HAP00-0002. Assistant Planning Director Rued presented the staff report on Mr. Haueter's appeal of the Planning Director's decision to not allow the use of a graveled parking lot. The property is located at 1st and Aubum Way North. Mr. Rued displayed the site using an overhead slide of a vicinity map. Three lots are involved with the parcel. Lot 9 includes an existing auto repair business, which is an existing nonconforming use. Lot 10 is a legal nonconforming use which has been used as a gravel parking area and has been associated with the building on Lot 9 for a number of years and prior to codes requiring paved parking. The issue of the appeal relates to Lot 11. Lot 11 is now being used as a gravel parking area. City records indicate that until at least 1989, a single family residence was located on the property. In 1989, the City issued a demolition permit for the house and subsequently the area was used as a gravel parking lot. Mr. Rued advised that in 1980, the City of Auburn adopted parking standards requiring paved parking areas. Since the house was removed after 1980 and the site has been used as a gravel parking area, the use is not in conformance with the City's requirement for paved parking areas. Page 5 City of Auburn Council Meeting Minutes January 2, 2001 Mr. Rued referred to a black and white Washington State Department of Transportation aerial photo of the area. The photo was taken in 1988 and shows Lot 11 with the existing house. The photo was passed to the Council and filed with the City Clerk. In response to questions from Councilmembers Mr. Rued advised that parking lots are permitted in a C2 zone, but the parking lot must meet all applicable standards. Additionally, nonconforming business uses can expand up to twenty-five percent. The owner would not be allowed to sell cars at this location. Mayor Booth opened the closed record hearing. Roy Haueter, 29732 226th Avenue, Kent, WA Using overheads, Mr. Haueter showed the location of the property on a GIS-type map. Mr. Haueter stated that prior to purchasing the property, he had asked the Auburn Building Department if he could gravel the area. He reported that he was told that he could gravel the lot and that no permits were needed. Six months later, he received a letter dated June 29, 2000 from Planning Director Krauss which instructed Mr. Haueter to cease the current use of the site. Mr. Haueter stated that he received verbal and written confirmation from the previous property owner and business owner that the subject property had been used for automotive purposes for decades. Mr. Haueter also referred to statements from the contractor who regraveled the lot and the Auburn Licensing Agency who has used the subject area for parking. Mr. Haueter stated that lot 11 has been used for automotive purposes prior to adoption of existing zoning and therefor should be grandfathered as a nonconforming use. Mr. Haueter indicated he would be willing to fence and enclose the parking area. Councilmember Brothers noted the photograph from 1989 showing a house on lot 11 and no gravel parking lot. He also noted that the City's parking lot standards requiring paved parking areas dates back to 1980. Page 6 City of Auburn Council Meeting Minutes January 2, 2001 In response to questions from Councilmember Poe, Mr. Haueter advised that he purchased all three lots from the same property owner. Councilmember Borden questioned whether Mr. Haueter is unwilling to pave lot 11. Mr. Haueter responded the option to pave and improve the parking area with the required storm drainage appurtenances is too expensive. Assistant City Engineer Selle clarified that all paved parking lots are to be equipped to meet storm drainage water quality requirements. In response to questions from Councilmember Wagner regarding Mr. Krauss's June 29, 2000 letter to Mr. Haueter, Mr. Krauss clarified that the issue relating to potential car sales at the site was resolved. It is staff's understanding that car sales are not being conducted at the site. The issue that remains is the use of the site as a gravel parking area. Mr. Haueter contended the house and the area around the house was used for automotive purposes, and should be a grandfathered use. Assistant Planning Director Rued stated there is no evidence on file with the City that the house had been legally used for anything other than a single family home. Councilmember Wagner referred to the project site plan for Walt's Radiator dated 1986 which clearly states that the lot would have to be brought up to standards in order to be used. Walt Austin, 14823 47th Avenue East, Tacoma, WA, 98846 Mr. Austin identified himself as former owner of Walrs Radiator and Muffler. Mr. Austin verified that a house was on lot 11 in 1989 and was demolished the same year. Mr. Austin purchased the property in 1985 or 1986. He stated the house was used for storage and the remaining area of the lot was used as a gravel parking area. Mr. Austin believes the back half of lot 11 was used for parking in the 1970's and perhaps in the 1960's. Page 7 City of Auburn Council Meeting Minutes January 2, 2001 Councilmember Wagner referred to the project site plan for Walrs Radiator dated 1986 and noted that lot 11 shows an existing house and shed and indicates grass surrounding the buildings, not gravel parking area. Victor Lewis, Bonney Lake, WA Mr. Lewis identified himself as a previous business owner of Vic's Radiator and Muffler located at the subject site. He stated that the house located on lot 11 was used for business storage and the remainder of the lot was used for business parking. Councilmember Borden moved and Councilmember Wagner seconded to close the hearing. MOTION CARRIED. 5-0. Councilmember Borden moved and Councilmember Wagner seconded to uphold the Headng Examiner's decision. MOTION CARRIED. 5-0. Councilmember Lewis returned to the Council Chambers at this time. C. Audience Participation This is the place on the agenda where the public is invited to speak , to the City Council on any issue. There was no audience participation. D. Correspondence No correspondence was received for City Council review. III. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Chair Poe reported the Municipal Services Committee met this evening at 5:00. The Committee received a presentation on and discussed solid waste. The Committee also discussed engineering services for the airport. The Committee also recommended referring Resolution Nos. 3288 and 3310 to the Municipal Services Page 8 City of Auburn Council Meeting Minutes January 2, 2001 Committee for further review. The next regular meeting of the Municipal Services Committee is scheduled for Tuesday, January 16, 2001 at 5:00 PM. B. Planning & Community Development Chair Borden reported the Planning and Community Development Committee meeting scheduled for December 26, 2000 was canceled. The next regular meeting of the Planning and Community Development Committee is scheduled for Monday, January 8, 2001 at 6:30 PM. C. Public Works Chair Wagner reported the Public Works Committee meeting scheduled for December 26, 2000 was canceled. The next regular meeting of the Public Works Committee is scheduled for Monday, January 8, 2001 at 4:30 PM. D. Finance Chair Barber reported the Finance Committee met this evening at 6:30. The Committee reviewed Ordinance No. 5495, Resolution No. 3311, and Resolution No. 3312. The next regular meeting of the Finance Committee is scheduled for Tuesday, January 16, 2001 at 6:30 PM. IV. CONSENT AGENDA A. Minutes 1. Minutes of the December 18, 2000 regular City Council meeting. B. Vouchers F4.9.2,F4.9.5 1. Claims Claims check numbers 157916 through 157955 in the amount of $84,124.67 for Period 12 dated December 27, 2000; and claims check numbers 157956 through 158241 in the amount of $1,698,581.35 for Period 13 and dated January 2, 2001. Page 9 City of Auburn Council Meeting Minutes January 2, 2001 2. Payroll Payroll check numbers 261271 to 261589 in the amount of $855,665.94 and electronic deposit transmissions in the amount of $1,323,113.42 for a grand total of $2,178,779.36 for the pay period covering December 14, 2000 to December 29, 2000. C. Contract Administration 1. Solid Waste Consultant Agreement o3.4.120, 04.7.3 City Council to approve a Consulting Services Agreement with Sound Resource Management for solid waste consulting services. Councilmember Barber moved and Councilmember Poe seconded to approve the Consent Agenda. MOTION CARRIED UNANIMOUSLY. 6-0. V. UNFINISHED BUSINESS There was no item under this section for City Council consideration. VI. NEW BUSINESS There wais no item under this section for City Council consideration. VII. ORDINANCES AND RESOLUTIONS A. O~inances 1. Ordinance No. 5495 A4.3.1 An Ordinance of the City Council of the City of Auburn, Washington, amending Auburn City Code Section 2.51.020 entitled "Councilmen's Compensation" contained in Chapter 2.51 entitled "Compensation of Officers" to provide for increased compensation to Councilmembers and to change "Councilmen's" to "Councilmember's". Councilmember Barber moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5495. Page 10 City of Auburn Council Meeting Minutes January 2, 2001 MOTION CARRIED. 4-2. Councilmembers Brothers and Poe voted no. 2. Ordinance No. 5497 03.9 v-03-00 An Ordinance of the City Council of the City of Auburn, Washington, approving the vacation of an alleyway located south of West Main Street, between "G" Street SW and the Union Pacific Railroad line, within the city of Auburn, Washington. Ordinance No. 5497 was adopted under Item II.A.1 of these minutes. B. Resolutions 1. Resolution No. 3288 04.4.9.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Engineering Service Contract for north hangar buildings with W & H Pacific, Inc., for the Auburn Municipal Airport. Resolution No. 3288 was removed from the agenda and referred to the Municipal Services Committee. 2. Resolution No. 3310 04.7.5 A Resolution of the City Council of the City of Auburn, King County, Washington, authorizing the Mayor and City Clerk to execute Addendum IV to the Solid Waste Collection Agreement between the City of Auburn and Washington Waste Hauling & Recycling d/b/a R.S.T. Disposal. Resolution No. 3310 was removed from the agenda and referred to the Municipal Services Committee. Page 11 City of Auburn Council Meetino Minutes January 2, 2001 3. Resolution No. 3311 A3.9.8 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 the International Association of Fire Fighters' Local #1352 Clerical and Support Staff Unit effective January 1, 2001 through December 31, 2003. Councilmember Barber moved and Councilmember Lewis seconded to adopt Resolution No. 3311. MOTION CARRIED UNANIMOUSLY. 6-0. 4. Resolution No. 3312 A3.4 A Resolution of the City Council of the City of Auburn, Washington, adopting the 2001 legislative agenda and requesting the Mayor of the City of Auburn to transmit said agenda to members of the Washington State Legislature. Councilmember Barber moved and Councilmember Wagner seconded to adopt Resolution No. 3312. MOTION CARRIED UNANIMOUSLY. 6-0. VIII. MAYOR'S REPORT A. Executive Session Mayor Booth recessed the meeting to executive session at 8:40 PM for approximately ten minutes in order to discuss real estate matters. Mayor Booth reconvened the meeting at 8:50 PM. Page 12 City of Auburn Council Meetin;~ Minutes Januarv 2, 2001 IX. ADJOURNMENT There being no further business to come before the Council this evening, the meeting adjourned at 8:50 PM. Approved on the//~ .1~ day of (/d,~j4,u2~zJ~ ,2001. Charles A. Booth, Mayor lie Daskam, City Clerk Page '13