HomeMy WebLinkAbout01-20-2004CITY OF
WASHINGTON
CITY COUNCIL
MEETING MINUTES
January 20, 2004 7:30 PM
CALL TO ORDER
Flag Salute
Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. and
led those in attendance in the Pledge of Allegiance.
Roll Call
Mayor Lewis and the following Councilmembers were present:
Councilmember Pro Tern Fred Poe, Councilmember Nancy
Backus, Councilmember Lynn Norman, Councilmember Gene
Cerino, Councilmember Sue Singer, Councilmember Roger
Thordarson, Councilmember Bill Peloza.
Staff members present included: Human Resources/Risk
Management Director Brenda Heineman, City Attorney Daniel B.
Heid, Accounting Manager Craig Violante, Planning and
Community Development Director Paul Krauss, Community
Development Administrator David Osaki, Parks and Recreation
Director Daryl Faber, Acting Fire Chief Russ Vandver, Police Chief
Jim Kelly, Public Works Director Dennis Dowdy, Senior Planner
Sean Martin, and City Clerk Danielle Daskam.
C. Announcements and Appointments
1. Announcements
a)
Proclamation - DECA Don't Drink and Drive Week
Mayor Lewis read and presented a proclamation to
Marielle Madison from Auburn High School DECA
Club declaring January 19 through 23, 2004 as "Don't
Drink and Drive Week" in the City of Auburn.
b) Proclamation - Auburn Family Week
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City of Auburn Council Meetin.q Minutes January 20, 2004
Mayor Lewis read and presented a proclamation
declaring February 22 through 28, 2004 as "Auburn
Family Week" in the City of Auburn to Mrs. Julie
Molen,
Appointments
City Council to confirm the following Board and Commission
appointments:
a)
Arts Commission
The appointment of Nancy Colson to fill an unexpired
three-year term that will expire on December 31,
2004.
The reappointment of Don Gardner to a three-year
term to expire on December 31, 2006.
The reappointment of Bonnie Egbert to a three-year
term to expire on December 31,2006.
The reappointment of Steve LePenske to a three-year
term to expire on December 31, 2006.
The reappointment of Anne Baunach to a three-year
term to expire on December 31,2006.
The reappointment of Dr. Herman Ansingh to a three-
year term to expire on December 31, 2006.
b)
Human Services Committee
The appointment of Michael Cummings to fill an
unexpired five-year term which expires December 31,
2004.
c)
Planning Commission
The reappointment of Kevin Chapman to a six-year
term to expire on December 31,2009.
d)
Lodging Tax Advisory Committee
The reappointment of David Kwok to a three-year
term to expire on December 31, 2006.
The reappointment of Khara Litscher to a three-year
term to expire on December 31,2006.
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City of Auburn Council Meeting Minutes January 20, 2004
The reappointment of Mike Morrisette to a three-year
term to expire on December 31, 2006.
Councilmember Singer moved and Councilmember
Cerino seconded to confirm the board and
commission appointments as presented.
MOTION CARRIED UNANIMOUSLY. 7-0.
II.
Agenda Modifications
Revised versions of Ordinance Numbers 5819 and 5820 were
presented and correspondence dated January 20, 2004 from
Jeffrey Oliphant regarding Ordinance No. 5820 was received.
CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
Closed Record Hearing- Application No. VAR03-0013
A3.23.1
City Council to conduct a closed record hearing on an
appeal filed by Jeff and Elena Lindell on the Hearing
Examiner's decision to deny their application for a variance
to reduce the required rear yard setback for a single-family
residence from 25 feet to 21 feet for property located at
5201 Nathan Loop SE.
Community Development Administrator David Osaki
presented the staff report regarding the appeal of the
Hearing Examiner's decision on a variance application. The
variance request proposed to construct a patio cover within
21 feet of rear yard setback. The subject property is a single
family dwelling in an R-2 single-family zoning district, with a
25-foot year yard setback. The Hearing Examiner held a
public hearing and subsequently denied the request,
although denied the request with regret. Mr. Osaki
explained that the Hearing Examiner's regret was probably
based on the following factors. Ten variance criteria must
be met in order for a variance to be granted. One of the
criteria is to demonstrate that the addition would not be
detrimental to the neighborhood. Mr. Osaki noted that the
applicant proved that the variance would not be detrimental
to the neighborhood by providing a petition from the
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City of Auburn Council Meetin.q Minutes January 20, 2004
neighbors in favor of the variance request and testimony
from neighbors at the hearing expressing support for the
variance request. The applicant also provided as part of the
record, photos of adjoining properties that have rear yard
deck projections over daylight basements, which the code
allows. Mr. Osaki further explained that the Hearing
Examiner had difficulty granting the request because of the
criteria that the applicant must prove there is some unique
physical condition to the property that merits the variance.
Mr. Osaki requested that, if it is the decision of the Council
to overturn the Hearing Examiner's decision and grant the
variance, the variance be conditioned to require the
applicant to secure all necessary permits for the construction
of the patio cover and that the structure be constructed in
substantial conformance with the site plan.
City Attorney Heid briefly explained the process of a closed
record hearing. During a closed record hearing, any public
testimony must be strictly limited to the issues involving the
application and must also be limited to comments on the
record. No new or additional evidence may be allowed.
Mayor Lewis opened the closed record hearing.
Jeff Lindell, 5201 Nathan Loop SE, Auburn, WA
Mr. Lindell presented his appeal through a brief Powerpoint
presentation. Mr. Lindell requested the City Council reverse
the Hearing Examiner's decision to deny his variance
request. He noted that his request meets nearly all the
variance criteria, and his neighbors support the variance
request. Mr. Lindell displayed photos of his existing patio
cover and other deck projections in the neighborhood.
There being no further testimony, Mayor Lewis closed the
hearing.
Councilmember Singer moved and Councilmember Backus
seconded to grant the appeal and overturn the Hearing
Examiner's decision with the conditions that the applicant
obtain the necessary permits and construct the patio cover
according to the site specifications.
MOTION CARRIED UNANIMOUSLY. 7-0.
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City of Auburn Council Meeting Minutes January 20, 2004
B=
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 comment.
III.
Correspondence
Letter dated January 20, 2004 addressed to the Mayor and
City Council from Jeffrey Oliphant regarding Ordinance No.
5820.
COUNCIL COMMITTEE REPORTS
A3.7.6
A.
Municipal Services
Chair Cerino reported the Municipal Services Committee met this
evening at 5:00. The Committee discussed Ordinance No. 5819
relating to fees and charges, and Resolution No. 3676, approving
an interlocal agreement with City of Pacific to allow Auburn fire
personnel to perform self-contained breathing apparatus services
for the City of Pacific. The Committee also discussed Ordinance
No. 5802, adopting Council rules and procedures, basic life support
transport cost recovery, the 2004 Fire Department goals, school
zones, and a dangerous dog ordinance which will be presented at
the next Council meeting. The next regular meeting of the
Municipal Services Committee is scheduled for February 2, 2004 at
5:00 p.m.
Planning & Community Development
Chair Singer reported the Planning and Community Development
Committee met January 12, 2004. The Committee discussed the
West Beverly Park project, a Park Department survey which is
ongoing through the mail and on the City's web site, Council rules
and procedures, outdoor storage regulations in the M1 zoning
district, and the work program for the Planning Commission and the
Planning and Community Development Committee. The next
regular meeting of the Planning and Community Development
Department is scheduled for January 26, 2004 at 5:00 p.m.
Public Works
Chair Pro Tem Poe reported the Public Works Committee met
January 12, 2004. The Committee recommended approval of
consent items to purchase right-of-way for the 3rd and Cross Street
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City of Auburn Council Meeting Minutes January 20~ 2004
IV.
improvements and the Auburn Way South safety improvements.
The Committee also recommended approval of Resolution Nos.
3651 and 3675 and Ordinance No. 5816, which appear later on the
Council agenda. The Committee discussed the status of a
downtown lighting analysis, Auburn Station commercial
improvements, GSA ballpark field improvements, and participation
in Lakehaven Utility District's oasis study. The next regular
meeting of the Public Works Committee is scheduled for January
26, 2004 at 5:30 p.m.
Dm
Finance
Chair Backus reported the Finance Committee met this evening at
6:30. The Committee recommended Council approval of
Ordinance No. 5819. The Committee also reviewed and discussed
Ordinance No. 5802, the City's year-end investment portfolio, and
the public defense contract. The next regular meeting of the
Finance Committee is scheduled for February 2, 2003 at 6:30 p.m.
COUNCILMEMBER REPORTS
At this time Councilmembers may report on items not specifically
described on the agenda, which are of interest to the community.
Councilmember Peloza reported he attended a Republic of Fiji prayer
breakfast on December 20, 2003 in Lynnwood, Washington, at the
invitation of Ms. B. Williamson in attendance this evening. At the meeting,
the Republic of Fiji Ambassador to the United States discussed the
possibility of a sister city relationship with the City of Auburn. The City of
Auburn recently received the formal letter from the Republic of Fiji to
initiate a possible sister city relationship with a town or city in the Republic
of Fiji.
Councilmember Peloza also reported that he attended the Green
Duwamish Watershed Resource steering committee on January 8, 2004.
The purpose of the committee is to continue planning for the recovery of
endangered species. The next meeting of the steering committee is
March 11th.
Councilmember Singer reported that within the next month Puget Sound
Regional Council (PSRC) Executive Committee will vote on policies for
the distribution of federal transportation funds. Councilmember Singer
announced that she has been urging the Committee to adopt a policy that
would allocate 50 percent of funds to regional projects and 50 percent of
funds to county and local projects, as opposed to the PSRC staff
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City of Auburn Council Meeting Minutes January 20, 2004
V=
recommendation to allocate 67 percent of the funds to regional projects
and 33 percent to county and local projects.
Councilmember Cerino reported that he attended the Pierce County
Review Commission on January 8, 2004.
Councilmember Norman thanked Mayor Lewis and staff for the Council
orientation and tour of Auburn.
Mayor Lewis reported on South County Area Transportation Board, which
is an advisory committee to King County relating to transportation
projects. Mayor Lewis was recently elected as Chair of the Board.
Mayor Lewis also reported that the Suburban Cities Association (SCA) will
be meeting this week and voting on their representatives for regional
boards and commissions of King County. Mayor Lewis announced that
Auburn City Councilmembers Singer, Norman, Peloza and Thordarson
are candidates for election by SCA to regional boards and commissions.
CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City
Council to be routine and will be enacted by one motion in the form listed.
A. Minutes
1. Minutes of the January 5, 2004 regular City Council meeting.
B. Vouchers
F4.9.2,F4.9.5
Claims
Claims check numbers 327278 through 327559 in the
amount of $843,734.86 and claims check numbers 326560
through 327709 in the amount of $1,831,690.31 and dated
January 14, 2004.
Payroll
Payroll check numbers 507062 to 507161 in the amount of
$37,846.31 and electronic deposit transmissions in the
amount of $16,613.04 for a grand total of $54,459.35 for the
pay period covering January 1, 2004 to January 14, 2004.
C. Right-of-way Acquisition
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City of Auburn Council Meeting Minutes January 20, 2004
VI.
VII.
Public Works Project Number C1006
A3.13.4, O4.91, C1006
City Council authorize the purchase of right-of-way
Project No. C1006, 3rd/cross Street Road Improvements.
for
Public Works Project Number C1014
City Council authorize the purchase of
Project No. C1014, Auburn Way
Improvements.
right-of-way for
South Safety
Councilmember Singer moved and Councilmember Cerino
seconded to approve the Consent Agenda.
MOTION CARRIED UNANIMOUSLY. 7-0.
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
There was no new business.
ORDINANCES AND RESOLUTIONS
A. Ordinances
Ordinance No. 5819
F4.3
An Ordinance of the City Council of the City of Auburn,
Washington, amending Sections 13.06.511, 13.20.440,
13.40.050, 13.41.030, 13.48.330, 13.48.340, 13.48.420,
15.56.020 and 15.56.030 of the City Code relating to fees
and charges, and amending the City of Auburn Fee
Schedule
Councilmember Backus moved and Councilmember
Norman seconded to introduce and adopt Ordinance No.
5819.
MOTION CARRIED UNANIMOUSLY. 7-0.
Ordinance No. 5820
03.10.1 cuP0007-91
An Ordinance of the City Council of the City of Auburn,
Washington, extinguishing and terminating the conditional
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City of Auburn Council Meeting Minutes January 20, 2004
use permit provided for in Ordinance Numbers 4535 and
4693
Councilmember Singer moved and Councilmember Norman
seconded to introduce and adopt Ordinance No. 5820.
MOTION CARRIED UNANIMOUSLY. 7-0.
Ordinance No. 5826
O3.10.1 CUP03-0004
An Ordinance of the City Council of the City of Auburn,
Washington, providing for a Conditional Use Permit to allow
for a religious institution in a R-O, Residential Office Zone
located at 924 "M" Street SE, within the City of Auburn,
Washington
Councilmember Singer moved and Councilmember Norman
seconded to introduce and adopt Ordinance No. 5826.
MOTION CARRIED UNANIMOUSLY. 7-0.
Ordinance No. 5827
03.10.1 cuP03-0007
An Ordinance of the City Council of the City of Auburn,
Washington, providing for a Conditional Use Permit for
construction of 15 units in 5 tri-plex buildings located at the
1100 block of 3rd Street SE, within the City of Auburn,
Washington
Councilmember Singer moved and Councilmember Norman
seconded to introduce and adopt Ordinance No. 5827.
MOTION CARRIED UNANIMOUSLY. 7-0.
Ordinance No. 5828
O3.10.1 CUP03-0008
An Ordinance of the City Council of the City of Auburn,
Washington, providing for a Conditional Use Permit to allow
for expansion of an existing nursing home located at 2901 'T'
Street NE, within the City of Auburn, Washington
Councilmember Singer moved and Councilmember Norman
seconded to introduce and adopt Ordinance No. 5828.
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City of Auburn Council Meeting Minutes January 20~ 2004
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolutions
Resolution No. 3651
o4.6.1
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor to execute an Interlocal
Agreement establishing sanitary sewer service boundaries
between the Lakehaven Utility District and the City of Auburn
Councilmember Poe moved and Councilmember Cerino
seconded to adopt Resolution No. 3651.
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 3675
o4.6.1
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor to execute an Interlocal
Agreement with the City of Bonney Lake to provide sanitary
sewer service from Auburn to property located within
Bonney Lake's sanitary sewer service area
Councilmember Poe moved and Councilmember Cerino
seconded to adopt Resolution No. 3675.
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 3676
A3.16.4
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
a contract with the City of Pacific for SCBA services
Councilmember Cerino moved and Councilmember Singer
seconded to adopt Resolution No. 3676.
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 3680
03.5 PLT03-0003
A Resolution of the City Council of the City of Auburn,
Washington, approving the preliminary plat for a 10-lot
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City of Auburn Council Meeting Minutes January 20, 2004
IX.
subdivision located at 510 17th Street SE, within the City of
Auburn, Washington
Councilmember Singer moved and Councilmember Norman
seconded to adopt Resolution No. 3680.
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 3681
A3.17
A Resolution of the City Council of the City of Auburn,
Washington, approving an amended lease between the City
of Auburn and N. W. Hangars, LLC., for 24,948 square feet
of land at Auburn Municipal Airport, replacing and
superceding the lease authorized by Resolution Numbers
3475 and 3485
Councilmember Cerino moved and Councilmember Singer
seconded to adopt Resolution No. 3681.
MOTION CARRIED UNANIMOUSLY. 7-0.
MAYOR'S REPORT
A=
Executive Session
Mayor Lewis recessed the regular meeting to executive session at
8:19 p.m. for approximately 25 minutes to discuss potential
litigation pursuant to RCW 42.30.110(1)(i).
The regular meeting reconvened at 8:41 p.m.
Councilmember Singer moved and Councilmember Cerino
seconded to approve the settlement of the combination action
involving the Challstedt property in the amount of $220,000.
MOTION CARRIED UNANIMOUSLY. 7-0.
ADJOURNMENT
There being no further business, the meeting adjourned at 8:40 p.m.
APPROVED THIS DAY OF ~. ~z,~:~,~ ,2004.
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City of Auburn Council Meeting Minutes January 20, 2004
Peter B"L~wis, Mayor
Danielle Daskam, City Clerk
City Council agendas and minutes are available to the public at the City Clerk's
Office, on the City website, and via e-mail. Complete agenda packets are
available for review at the City Clerk's Office and at the Library.
Internet: http://www.ci.aubu rn.wa, us
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