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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 Page 1 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. Page 2 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 Page 3 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. Page 4 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 Page 5 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 Page 6 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 Page 7 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 Page 8 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. Page 9 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 Page 10 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. Page 11 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 Page 12