Loading...
HomeMy WebLinkAbout08-04-1980AUBURN, WASHINGTON MONDAY AUGUST 4 1980 The regular meeting of the City of Auburn Council convened at 8:00 p.m. in the City of Auburn Council Chambers. ROLL CALL COUNCILMEMBERS: Councilmembers Roegner, Kitchell, Craig, Larson, Hitchcock, Flechsig and Lea. It was moved by Flechsig, seconded by Hitchcock, to approve the minutes of the July 21, 1980, Council minutes as mailed. MOTION CARRIED PUBLIC HEARiNCS 1. Mayor Kersey declared the continued publi, hearing c_len on the petition for vacation right-of-way by Sandy Boulevard Drive -In Theatres Inc. of that portion of 49th St. N.E. between "D" and "G" Streets N.E. (Application V-7-80) David Millard, Land Planning & Management, 22627 152nd S. E., Kent, stated they have asked for a delay in this matter until they have had an opportunity to talk with Public Works to find out if they will need the street. If they did not need the street they would be in favor of the vacation. It was moved by Hitchcock, seconded by Roegner, to continue the public hearing on the petition for vacation of 49th St. N.E. between "D" and "G" Streets N.E. (Application V-7-80) until the Council meeting of September 2, 1980. MOTION CARRIED 2. Mayor Kersey declared the public hearing open on the request of Tony Susnar to rezone from R-3 (Duplex) to R-4 (Multi -Family) a parcel of land 1.93 acres in size located on the south side of 3rd St. S.E. in the 1300-1400 blocks. (Applica- tion 19-80) The Planning Commission recommends denial of the request for R-4 (Multi -Family) with a recommendation of approval for the southerly 120 feet of the site be zoned R-4 (Multi -Family) because it lies between a future arterial street and the railroad. Also, that the north 100 feet of the site abutting 3rd St. S.E. retain the existing R-3 (Duplex) zoning to provide a transitional zone between the existing single family dwellings on the north side of 3rd St. S.E. and the higher density to the south. Further, that the balance of the site which would be less the north 100 feet and less the south 180 feet be zoned R-3 with a Conditional Use Permit which would allow the construction of multi -family units with a requirement of 3500 square feet of lot area per living unit, and the north 60 feet of the south 180 feet be set aside for future street purposes. Considera- tion should be given to any requirements of the Public Works Department. Harry Malesis, Red Carpet Auburn Reality, representing Mr. Susnar and Hebert Construction who will be building on the site, stated they felt more considera- tion should be given what is to be built on the site rather than the zoning. He said they were only asking for four more units than could be allowed on the present zoning. Matesis suggested possibly having a performance bond so there would be assurance on the type of construction to be put on the land. It was moved by Larson, seconded by Hitchcock, to close the public hearing. MOTION CARRIED Craig wondered if what they wanted was a Conditional Use Permit. He questioned if the request had been submitted improperly. Mayor Kersey suggested the Planning Commission recommendations were in line with having R-3 north of 4th and R-4 south of 4th. Roegner asked Lynn Rued, representing the Planning Department, if a Conditional Use Permit was more appropriate. Rued said that a Conditional Use Permit with site elevation could be done and brought back to the Council. Hitchcock suggested passing the Planning Commission recommendations since this -1- a AUBURN WASHINGTON MONDAY AUGUST 4, 1980 would provide for the future 4th St. It was moved by Roegner, seconded by Craig, to refer the request of Tony Susnar to rezone from R-3 to R-4, Application 19-80, be referred to the Planning & Community Development Committee to be referred back to the Council. MOTION CARRIED 3. Mayoi Kersey declared the public hearing open on the request of TransCanada Enterprises, Ltd. to rezone from Unclassified to R-T (Residential Mobile Homes) and R-TP (Mobile Home Park) on a parcel of land approximately 110 acres in size lying on the south side of the Stuck River 1/2 mile east of "R" St. S.E. (Application 28-79) The Planning Commission recommends approval of this request and that any conditions as set forth by the staff are to be worked out with the Engineering Department. Dave Millard, Land Planning & Management, representing TransCanada Enterprises, showed the Council a map illustrating the area in question. He noted none of the proposed development was in the floodway fringe. He said they concurred with the Planning Commission and Planning staff recommendations. He noted from the staff report (1) This conforms to Comprehensive Land Use Plan both in land use and density, (2) It provides alternative family housing, (3) Provides portable housing and (4) It is outside the jurisdiction of Muckleshoot Indian Tribe. Wayne Gibbons, Land Planning & Management, presented a study on the demand for modular housing done in December, 1979, called King County House Market Study. He also provided information from the Planning Department Annual Report dated April 1979. He submitted this information indicated the development was a viable solution to the need for low cost mobile home housing. He submitted the King County House Market Study and the excerpts from the Planning Dept. Annual Report to the Council. Richard Reich, Attorney, representing the Muckleshoot Indian Tribe, presented the Council with a Statement Opposing the request for rezone, pictures of the , Cedar Downs proposed development and a newspaper article. He summarized the Statement opposing the rezone because (1) rezone is a significant upzone for which no need exists, (2) the proposed rezone constitutes spot zoning, (3) the proposed rezone is inconsistent with the City's comprehensive plan, (4) The Cedardowns site is inappropriate for RT and R-TP zoning and (5) the EIS prepared for the Cedardowns project is inadequate. Robert E. Ratcliffe, attorney, 315 2nd Ave. So., Seattle, representing TransCanada Enterprises, stated this kind of proposal really worked and if he understood the codes and reports this kind of housing could be put on single family residence lots anyway. He said this development provides the control and amenities which would not be present if it were developed on a lot by lot basis. Ratcliffe emphasized there would be complete platting and permits obtained so nothing would be hidden or misconstrued.. He stated this development falls within the City Comprehensive Plan and noted George Schuler's memo of June 24, 1980, stating prior zoning would be in effect until a Comprehensive Plan had been adopted for the area. It was moved by Larson, seconded by Flechsig, to close the public hearing. MOTION CARRIED Roegner asked if the EIS figure of $130,000 cost to City on new employees, police fire, etc. plus $8,000 street maintenance costs had been verified. Rued responded no,that most figures were taken from the 1980 City Budget. Roegner asked also if the parks would be maintained by. they homeowners. Rued said it had not been determined yet and that it was the City's option. Roegner asked about the EIS mentioning possible slides on the south side of the the property. Millard responded there were two areas found to have some sluffing, Fowever, there would be no development in these areas. lea asked Rued if he felt the EIS was improperly done? Rued replied the EIS was done completely down to the letter by regulations and he felt it was completely adequate, -2- AUBURN, WASHINGTON MONDAY AUGUST 4, 1980 Lea asked if developer had gotten the necessary permits. Rued stated the hydraulics permit would not be necessary unless they want to dump storm water into the river. Shorelines permit requires platting and zoning first. State Flood Control permit needs some idea of what design of the plat. Lea stated then everything was dependent on zoning. Rued concurred. 1 3 wondered if the zoning were granted would possible sale of the property change ' development of this kind. Mayor Kersey said there would be no way you could prevent sale, however, you might put a time limit on development. Bereiter added you couldn't speculate but the rezoning must be considered on its own merits. 1 1 Craig wondered if there couldn't be a Lime limit because if the plat is not agreed on the rezone would be forever. Bereiter suggested asking if their attorney would be agreeable. Ratcliffe stated he felt they could come to agreement and suggested some escape such as litigation be included. Larson asked Bereiter if it would be possible to approve the rezone for 5 years whether it is this developer or another developer. Bereiter responded a qualified yes in light of comments Mr. Ratcliffe made. Hitchcock asked why the development was divided into Residential Mobile Home and Mobile Home Park. Millard responded it was because of the type of housing. Flechsig asked about the water situation. Millard said they were proposing to put in a large municipal well to enlarge the Forest Hills Reservoir and put a transmission line to serve the five or six developments in the area. It was moved by Larson, seconded by Craig, to approve the request of TransCanada Ent., Ltd. to rezone from Unclassified to R-T and R-TP, Application 28-79, and the city attorney be instructed to draw up the necessary ordinance to include the recommenda- tions of the Planning Commission and as outlined in George Schuler's letter of May 29, 1980, in addition to a 5 year limit on approval of a final plat. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 4. Mayor Kersey declared the public hearing open on the request of Ralph Goad for approval of a preliminary plat to be known as Goad's Addition on a parcel of land 2.22 acres in size located on the northeast corner of Auburn Way South and Hemlock St. S.E. (Application P-16-80) The Planning Commission recommends approval of the preliminary plat with the recommendation that a variance be granted for the width of Lot 2 and further that the barn located on Lot 1 be moved or relocated or the lot line between Lots 1 and 2 be adjusted to provide a minimum setback from the barn. The final plan shall reflect a 20 foot radius at the southwest corner of Lot 2 and consideration should be given to requirements of the Public Works Department. Ralph Goad was in the audience and noted the boundary had been adjusted for the barn and the drawing for the 20 foot radius at the southwest corner of Lot 2. He added the question about storm sewer on Auburn Way South didn't affect this at all according to the Planning Commission. It was moved by Hitchcock, seconded by Flechsig, to close the public hearing. MOTION CARRIED Craig asked what was going to be done with the house on Lot 2. Goad responded nothing except possibly a retaining wall. Flechsig 'said the recommendations from Public Works did address storm drainage. He felt they should include all four of the Engineer's comments. It was moved by Flechsig, seconded by Lea, to approve the request of Ralph Goad for approval of a preliminary plat to be known as Goad's Addition, Application P-16-80, to include the recommendations of the Planning Commission and Engineering -3- a AUBURN WASHINGTON MONDAY AUGUST 4, 1980 Department. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 5. Mayor Kersey declared the public hearing open on the request of Valley Business Park for approval of a preliminary plat to be known as Valley Business Park located on a parcel of land 16.93 acres in size lying on the east side of "B" St. N.W. and north of 37th St. N.W. (Application P-17-80) The Planning Commission recommends approval of the preliminary plat of Valley Business Park because it will conform to the minimum requirements of the Subdivision and Zoning Ordinances and consideration shall be given to any requirements of the Putlic Works Department and any problems should be worked out by the proper City department. Fred Poe spoke in favor of the request stating he concurred with the recommendations from the Planning Commission. It was moved by Larson, seconded by Roegner, to close the public hearing. MOTION CARRIED It was moved by Larson, seconded by Roegner, to approve the request of Valley Business Park for approval of a preliminary plat to be known as Valley Business Park, Application P-17-80, to include the recommendations of the Planning Commission and Public Works Department being worked out at a committee level. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED CORRESPONDENCE It was moved by Craig, seconded by Lea, to refer the request of Harold Strand/Imperial Homes to rezone from R-2 (Single Family) to R-3 (Duplex), property located on the south side of 7th St. N.E. in the 500 block (Application 26-80) to the next regular meeting of the Planning Commission. MOTION CARRIED AUDIENCE PARTICIPATION Tom Amos, insurance agent, asked the Council to give consideration to changing the insurance requirements for property damage necessary under the taxi -cab licensing ordinance from $100,000 to $25,000. He stated the necessary $100,000 would be cost prohibitive and state statutes only require $25,000. It was moved by Roegner, seconded by Lea, to instruct the City Attorney to prepare an ordinance changing the insurance requirements on property damage in the taxi -cab licensing ordinance to $25,000 to coincide with State requirements. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED Mike Todd, State Energy Code Council, spoke to the Council about the Energy Ordinance coming before them. He gave a brief outline of the history and what the code provided. CONSENT AGENDA It was moved by Roegner, seconded by Craig, to approve the consent agenda as indicated: Refer to the next Planning Commission meeting: 1. The request of Robert Lloyd for a Conditional Use Permit for a C-3 (Heavy Commercial) and R-2/CUP (Single Family with Conditional Use Permit) on property presently zoned SPU (Special Property Use Permit), property located on south side of 15th St. N.W. extended between the future "S" & "W" Streets N.W. (69th Ave. S.) (Applica- tion 24-80) 2. Tree request of Gene Colburn to rezone from M-2 (Heavy Industrial) to C-2 (Central Business District), property located on west side of "A" Street N.W. approximately -4- 1 1 0 k 163 1 00 Iq Iq 0 Q Q 1 1 AUBURN, WASHINGTON MONDAY AUGUST 4, 1980 50 feet north of 2nd St. N.W. (Application 25-80) 3. The request of Community Builders for approval of preliminary plats as follows: Auburn Business Center North located between West.Valley Highway and Valley Freeway approximately 1200 feet north of 15th N.W. (Application P-18-80) and Auburn Business Center South located on northeast corner of West Valley Highway and 15th N.W. (Application P-19-80). MOTION CARRIED It was moved by Craig, seconded by Larson, to approve the Public Works recommendations as follows: 4. Authority to call for bid for San. Sewer Imp. #49, construction of "F" Street S.E. lift station. 5. Authority to call for bids for two standby power generators for Coal Creek pump station and Lea Hill Booster pump station. 6. Utility adjustment for Account No. 445-4427, 935-941 26th St. N.E., in the amount of $74.80 pending prior payment of bill up to date with the understanding the meter will be shut off if payment isn't made. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED RECOMMENDATIONS Public Works Recommendations: 1. It was moved by Craig, seconded by Larson, to approve Change Order No. 2 to Contract 79-18, Academy area booster station, time extension only of 52 calendar days due to delay in shipment of material. . ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 2. It was moved by Craig, seconded by Larson, to approve Change Order No. 2 to Contract 79-16, Academy area reservoir, increase in the amount of.$10,683.75. Painting of existing 1.0 MG reservoir. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 3. It was moved by Lea, seconded by Hitchcock, to approve Pay Estimate No. 11, Contract 79-12, Robison Construction Co., Inc., for St. Imp. 200, Auburn Way North in the amount of $156,010.25. Contract Bid Amount $1,265,867.27 (Incl. Change Orders) Earned to Date $1,193,360.48 (Incl. retainage of $64,196.87) ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 4. It was moved by Craig, seconded by Larson, to approve Pay Estimate No. 3, Contract 80-04, Pitardi Trucking Co., Inc. for construction of San. Sewer Imp. #46, replacement various sewer lines, in the amount of $31,844.70. Contract Bid Amount $103,866.61 Earned to Date $103,074.44 (Incl. $9,788.64 retainage) ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 5. It was moved by Lea, seconded by Hitchcock, to approve Pay Estimate No. 3, Contract 79-10, St. Imp. 165, "A" St. S.E. to Frank Coluccio Const. Co. in the amount of $300,025.14. Contract Bid Amount $3,029,835.00 Earned to Date $1,136,753.04 (Incl. $65,562.71 retainage) ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 0.is 8 164 AUBURN WASHINGTON MONDAY AUGUST 4, 1980 COUNCIL COMMITTEE REPORTS Public Safety Committee - Chairman Bob Roegner - Minutes are of public record Planning & Community Development Committee - Chairman Lillian Kitchell - No report Utility Committee - Chairman Ron Craig - Minutes are of public record Airport Cc mittee - Chairman Bud Larson It was moved by Larson, seconded by Hitchcock, to extend the airport runway 600 feet on the south end, that the 5.3 acres.north of the aiport office be purchased and that the number of aircraft on the field be limited to not more than 400 in accordance with the master plan up to the date 1996. ROLL CALL VOTE: All Councilmembers votes.: YES MOTION CARRIED It was moved by Larson, seconded by Hitchcock, to authorize the airport manager to draft a letter to the Federal Aviation Administration revising the master plan to eliminate plans for a second runway and to change the airport layout plan to reflect deletion of the sewer lagoon property. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED Municipal Building & Equipment Maintenance Committee - Chairman Lewis Hitchcock - No Report Finance Committee - Chairman Al Flechsig It was moved by Flechsig, seconded by Lea, to approve a negotiated bond sale with a 19 year amortization schedule on a $2 million Water/Sewer Revenue Bond issue. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED It was moved by Flechsig, seconded by Lea, to approve claim checks #6982 through 7204 in the amount of $2,779,603.97 and payroll checks #11594 through 11907 in the amount of $200,638.57. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED Ordinance No. 3537 It was moved by Flechsig, seconded by Craig, that Ordinance No. 3537, entitled, "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, TRANSFERRING THE SUM OF $200,000 IN AUBURN CITY FUND 430, WATER/SEWER FUND TO AUBURN CITY FUND 440, WATER/SEWER CONSTRUCTION FUND," be introduced and adopted. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED Ordinance No. 3538 It was moved by Flechsig, seconded by Lea, that Ordinance No. 3538, entitled, "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, TRANSFERRING THE SUM OF $25,000 FROM CITY OF AUBURN CURRENT EXPENSE FUND 000 TO CITY OF AUBURN STREET FUND 101," be introduced and adopted. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED Resolution No. 11 It was moved by Flechsig, seconded by Lea, that Resolution No. 1112, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTONNAMINGJAMES D. CLEMENTS AND ARLENE MEMPA, AS CITY AUDITORS FOR THE CITY OF AUBURN, WASHINGTON, EFFECTIVE AUGUST 1 1980, " be adopted with the addition of the word "or" .after "James D. Clements and." ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 1 1 1 d 165 AUBURN WASHINGTON MONDAY AUGUST 4, 1980 Street & Engineering Committee - Chairman John Lea It was moved by Lea, seconded by Roegner, to instruct the City Attorney to draw up a Resolution calling for a public hearing on the vacation of 29th Street S.E. MOTION CARRIED It was moved by Lea, seconded by Hitchcock, to instruct the City Attorney to draw up the r !cessary papers for Street Delay at 521 - 37th St. S.E. MOTION CARRIED ORDINANCES AND RESOLUTIONS Ordinance No. 3534 It was moved by Roegner, seconded by Hitchcock, that Ordnance No. 3534, entitled, "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, ADOPTING THE 1980 EDITION OF THE WASHINGTON STATE ENERGY CODE," be introduced and adopted with the addition of the words "or engineer" after "architect". CO ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED Ordinance No. 3535 QIt was moved by Flechsig, seconded by Hitchcock, that Ordinance No. 3535, entitled, "AN Q ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, RELEASING AND QUIT CLAIMING A STORM DRAINAGE EASEMENT TO THE OWNERS OF THE REAL PROPERTY THEREON," be introduced and adopted. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED Ordinance No. 3536 It was moved by Flechsig, seconded by Larson, to refer Ordinance No. 3536, on the Washington Natural Gas franchise to the Utility Committee. MOTION CARRIED Ordinance No. 3537 Passed under Finance Committee report. Ordinance No. 3538 Passed under Finance Committee report. Resolution No. 1111 It was moved by Hitchcock, seconded by Flechsig, that Resolution No. 1111, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN, TO EXECUTE AN ANTENNA SITE LEASE BETWEEN THE CITY OF AUBURN AND WASIINGTON NATURAL GAS COMPANY," be adopted. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED Resolution No. 1112 Passed under Finance Committee report. Resolution No. 1113 It was moved by Lea, seconded by Roegner, that Resolution No. 1113, entitled, "A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADOPTING A RIVER OF GREEN AS A GENERAL PLANNING GUIDE FOR FUTURE RIVER RELATED RECREATION AND OPEN SPACE PLANNING IN THE GREEN RIVER CORRIDOR AND ENDORSING THE CONCEPT OF SETBACK LEVEES, INCLUDING SPECIFIC SETBACK SITES, FOR FUTURE LEVEE FEASIBILITY STUDIES BY THE CORPS OF ENGINEERS IN THE LOWER GREEN RIVER VALLEY," be adopted. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED -7- e 166 AUBURN WASHINGTON MONDAY AUGUST 4, 1980 Resolution No. 1114 It was moved by Craig, seconded by Larson, that Resolution No. 1114, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR OF THE CITY OF AUBURN TO EXECUTE AN AUTHORIZATION AND NOTICE.TO PROCEED BETWEEN THE CITY OF AUBURN, STRAAM ENGINEERS AND VARIOUS DEVELOPERS," be adopted. ROLL CALL VOTE: All Councilmembers voted YES There being no further business to come before at 10"0 p.m.ley . StanKersey, Mayor MOTION CARRIED the Council, the meeting adjourned Coralee A. McConnehey, City lerk 1 1