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HomeMy WebLinkAbout09-02-1980173 AUBURN WASHINGTON TUESDAY SEPTEMBER 2 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 present. It was moved by Flechsig, seconded by Hitchcock, to approve the Council minutes of the August 18, 1980, Council meeting as mailed. MOTION CARRIED PUBLIC HEARINGS 1. Mayor Kersey declared the continued public hearing o,,en on the request of Sandy Boulevard Drive -In Theatres Inc. requesting vacation of 49th St. N.E. between "D" and "G" Streets N.E. (Application V-7-80) No one spoke for or against the request. It was moved by Hitchcock, seconded by 00 00 Larson,to continue the public hearing to the first Council meeting in October. Iq MOTION CARRIED 0 Q 2. Mayor Kersey declared the public hearing open on the request of Robert Ostlund to Q rezone from R-3 (Duplex) to C-3 (Heavy Commercial) a parcel of land 3,677 square feet in size located on the east side of "A" Street S.E. in the 1000 block. (Applica- tion 20-80) The Planning Commission recommends approval of this request because it will conform to our Comprehensive Land Use Plan and will not be detrimental to surrounding properties. Consideration should be given to any requirements of the Public Works Department. Robert Ostlund, petitioner, was in the audience. He stated he would like this ' property rezoned so he could develop it. No one else spoke for or against the request. It was moved by Larson, seconded by Hitchcock, to close the public hearing.: MOTION CARRIED It was moved by Larson, seconded by Kitchell, to approve the request of Robert Ostlund to rezone from R-3 to C-3, Application 20-80, and instruct the City Attorney to draw up the necessary ordinance to include the conditions of the Public Works Department. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 3. Mayor Kersey declared the public hearing open on the request of Rainbow Car [dashes, Inc. to rezone from C-1 (Light Commercial) to C-3 (Heavy Commercial) a parcel of land 2 acres in size located on the easterly side of Auburn Way South in the 1400 block aka 1410 Auburn Way South. (Application 21-80) The Planning Commission recommends approval of this request because it will conform to our Comprehensive Land Use Plan and will be compatible with existing development on adjoining properties. Consideration should be given to any requirements of the Public Works Department. No one spoke for or against the request. It was moved by Flechsig, seconded by Hitchcock, to close the public hearing. MOTION CARRIED It was moved by Flechsig, seconded by Kitchell, to approve the request of Rainbow Car Washes, Inc. to rezone from C-1 to C-3, Application 21-80, and instruct the City Attorney to draw up the necessary ordinance to include the five recommendations of the Public Works Department. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 4. Mayor Kersey declared the public hearing open on the request of Jeff Monk to rezone from Unclassified to C-4 (Commercial) a parcel of land 34,320 square feet aC 1'74 AUBURN. WASHINGTON SEPTEMBER 2. 1980 in size located on the northwest corner of 49th and "D" Streets N.E. (Application 22-80) The Planning Commission recommends approval of this request because it will conform to our Comprehensive Land Use Plan and the vroposed use will conform to existing development on adjoining property. Also, that the lighting be designed on this property so as not to adversely interefer with the adjoining property owner. Consideration should be given to any requirements of the Public Works Department. No one spoke for or against the request. It was moved by Hitchcock, seconded by Roegner, to close the public hearing. MOTION CARRIED It was moved by Flechsig, seconded by Hitchcock, to approve the request of .Jeff 'conk to rezone from Unclassified to C-4, Application 22-80, and instruct the City Attorney to draw up the necessary ordinance to include tl.e recommendations of the Public Works Department and the Planning Commission. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 5. Mayor Kersey declared the public hearing open on the request of Robert Lloyd for approval of a revised grading plan for the two existing gravel mining permits known as the Standard Mining and Shepard Properties authorized under City Ordinance Numbers 2585 and 2881, situated on two 40 acre sites lying 1300 feet west of the West Valley Highway and lying south of 15th Street N.W. (Application 23-80) The Planning Commission recommends approval of the revised grading plan for the Shepard and Standard Mining sites for the following reasons: (1) The revised grading plan will create approximately 26.8 acres of usable residential property, (2) The revised grading plan will leave 16.2 acres of natural vegetation and will provide for 28.9 acres of revegetated slopes much of which will be visable from the valley floor. This should eliminate the existing eyesore, (3) The total amount of cubic yards of material to be removed from.the sites will be reduced, (4) This new roadway will provide a needed access to the West Hill and will provide a safer and shorter route to the elementary school located on South 316th St. This plan will eliminate an unsitely condition and will make the land usable again for development in accordance with our Land Use Plan. This will be accomplished with little or no additional adverse effects on the adjoining residential areas. Consideration should also be given to any requirements of the Public Works Department. Tom Barghausen, Cavness Engineers, representing Robert Lloyd, reviewed the background of the proposed grading plan and reviewed an illustration showing the proposed grading plan. The illustration included an extention to 15th St. N.W.; greenbelt areas and areas where housing could be developed. He stated he felt this was the first step to effective use of the property. Susanne Limric, 524 Aaby Drive, asked if an Environmental Impact Statement had been done. Schuler responded a checklist had been done on the proposed extention of the grading and modification to the Master Plan. He added an EIS.wouid be required on development of the property. Mrs. Limric expressed concern over erosion of the property. Maris Nickson, 523 Aaby Drive, wondered if consideration had been given to the fact the proposed road would be four lanes which would terminate at the school where kids would be walking. She also wondered about no direct access to I-5 or 320th. Mrs. Nickson suggested an alternate route could be through the City watershed. She added according to Planning Commission minutes the road was supposed to be no closer than 1000 ft. and now it would be within 200 ft. Edith Durbin, 515 Aaby Drive, 515 Aaby Drive, was concerned the road would be too close to their home. She also expressed concern about trucks in the Evergreen Heights Elementary School area and how dangerous they were to teachers going in and out of the parking and lot as well as children walking. She felt a hill road would not be safe. Ted Nickson, 523 Aaby Drive, reviewed the history of the west hill gravel mining. He noted what he felt were discrepancies in what the residents of the area thought was happening. One was the original amount of gravel supposed to be removed and the other was there was supposed to be a 1000 buffer zone and now it was down -2- 1 1 175 AUBURN. WASHINGTON TUESDAY SEPTEMBER 2, 1980 to 200 feet. He felt the whole matter had been dealt with ineptly. He cited Shepard had been given a permit to "restore" what had been illegally done and he had not been penalized but rather benefitted from his actions. Robert C. Kline, Jr., 520 Aaby Drive, made a correction to Barghausen's presenta- tion as to the location of Aaby Addition. He felt that although a Declaration of Non -Significance had been filed the amount of gravel being removed was significant. P.: quoted from the March 4, 1975, Planning Commission minutes when Dr. Donald Shepard said,"...therefore as you look at the property from the valley you can't see any changes being made here at all." Kline said he could see the changes. He added Dr. Shepard also said, "there will be no activity within 1000 feet of the Aaby Addition." He pointed out this was proof the original permit .was issued on the premise there would be a 1000 foot buffer. He noted Barghausen had stated if the permit was notapproved they would have to leave it as an eyesore. Kline noted the original permit provided for restoration anyway. He said they would like to get the property restored and if the permit was approved would appreciate some dust controls. Kline proposed the area be divided into several parcels and limit excavation to one parcel then restore it and then move on to the next. He felt this would be an orderly way to to restore it. He added that to his 00 00 knowledge there is all Class B gravel on the hill and his request would not cause any problems in excavation. (7 It was moved by Craig, seconded by Larson, to close the public hearing. Q MOTION CARRIED a Larson asked if reference was made in an ordinance to the amount of gravel to be removed. Schuler replied it was in the profile. Larson asked also if reference was made to the 1000 foot buffer from the Aaby Addition. Schuler responded there was no reference to the 1000 foot buffer in the ordinances,that it was testimony from Planning Commission hearings and the site plan would prevail. He also noted Kline's testimony about the location of was incorrect. Aaby Addition was not next to the area in question. It is actually touching corner to corner to the southeast. Lea asked if everyone was sure about the 1000 ft. Nickson stated the 1000 feet was used to nullify opposition and should be considered. Craig expressed the feeling the project should have never been allowed, that past operators had openly defied the City and the City allowed it. He explained the error on the original amount of gravel to be removed from the area was due to the mistaken use of a figure on an elevation drawing. The figure on the drawing had nothing to do with elevations and grading. He said it didn't make it right and he could see how the people in the area would be irritated. He noted the 1975 permit was dictated by the court and the City really had little leeway. Craig stated there was a need to relieve conjestion and the proposed plan did that. He added the water shed property had been looked at but the slope even with excavation would be too great. He said the Planning and Community Development had asked Mr. Schuler to..add five itemswhich he felt addressed the concerns of the residents. Flechsig asked if the drawing could be made a part of the ordinance. Bereiter noted a reduced version would be made a part of the ordinance. It was moved by Craig, seconded by Roegner, to approve the request of Robert Lloyd for approval of a revised grading plan for the two existing gravel mining permits known as the Standard Mining and Shepard Properties, Application 23-80, and the ' City Attorney be instructed to draw up the necessary ordinance to include the recommendations in George Schuler's letter of August 20, 1980, specifically the five items, the grading plan and the Engineer's recommendations. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 6. Mayor Kersey declared the public hearing open on the request of the South King County Activitiy Center to rezone from R-2 (Single Family) with a Special Property Use Permit for a handicapped training school to R-4 (Multi -Family) and C-1 (Light Commercial) a parcel of land 2.82 acres in size lying on the north side of Auburn Way South in the 3600 block. (Application 42-78) The Planning Commission recommends -3- 176 AUBURN, WASHINGTON TUESDAY SEPTEMBER 2 1980 approval of this request because it will conform to our Comprehensive Land Use Plan and it will conform to the recommendations of the Citizens Land Use Committee for this area that were approved by the Planing Commission and City Council and that the ordinance approving the zoning be tabled until the water question is resolved by the courts or the law suit is withdrawn. Consideration should also be given to any recommendations of the Public Works Department. No one spoke for or against the request. It was moved by Craig, seconded by Larson, to close the public hearing. MOTION CARRIED Various members of the Council questioned the legality of approving this until the matter was resolved in the courts. Bereiter said he would feel comfortable with approval of this rezone as long as passage of the ordinance was held until the water problem had been settled. It was moved by Flechsig, seconded by Larson, to approve the request of King County Activity Center to rezone from R-2 with a Special Property Use Permit to R-4 and C-1, Application 42-78, and the City Attorney be instructed to draw up the necessary ordinance to include the recommendations of the Public Works Department, and, further, the ordinance be tabled until the water question is resolved by the courts or the law suit is withdrawn. 7. Mayor Kersey declared the public hearing open on the request of Jack McIntosh and Associates to rezone a parcel of land approximately 27.52 acres in size lying south of 15th Street N.W. between the Chicago -Milwaukee Railroad right-of-way and the Valley Freeway. (Applciation 51-79) The Planning Commission recommends approval of this request and that the 9.61 acre parcel as shown on the conceptual site plan dated 5-1-80 be rezoned from Unclassified to M-1 (Light Industrial) and the balance of the site be designated as floodway and be restricted to those uses allowed under the floodway as defined by the Insurance and Hazard Mitigation Division of the Federal Insurance Management Agency. This is based upon a finding that the request will conform to our Comprehensive Land Use Plan, it has public utilities available for extension and will conform to existing and planned development on adjoining properties. Consideration shall also be given to the requirements of the Public Works Department. No one spoke for or against the request. It was moved by Larson, seconded by Flechsig, to close the public hearing. MOTION CARRIED Craig questioned why the property was being set aside for a program which had been scrapped. Schuler responded if the City let people build over these areas and the area was later declared floodway, the City would have to buy back the property. The Mayor noted the plan was scrapped and the City had approved it in concept. Lea expressed concern if the City would be legally liable if someone did not agree the area reserved. Bereiter stated the Federal government gave protection under the Federal Floodway Plan. It was moved by Larson, seconded by Craig, to approve the request of Jack McIntosh and Association to rezone from Unclassified to M-1 (Light Industrial), Application 51-79, and the City Attorney be instructed to draw up the necessary ordinance to include the letter of Mary Seabrands dated November 30, 1979, and the recommenda- tions of the Planning Department and Planning Commission. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 8. Mayor Kersey declared the public hearing open on the amendments to Chapter 18.06.070 - Board of Adjustments. The Planning recommends approval of the amendment to Chapter 18.06.070 Board of Adjustments variance application consideration. No one spoke for or against the amendment. It was moved by Hitchcock, seconded by Roegner, to close the public hearing. MOTION CARRIED It was moved by Hitchcock, seconded by Roegner, to approve the amendments to Chapter 18.06.070 - Board of Adjustments and adoption of the ordinance be tabled until -4- 7 1 1 177 AUBURN WASHINGTON TUESDAY SEPTEMBER 27 1980 other amendments of the Board of Adjustment regulations be considered by the Planning Commission are completed so. if approved they can be incorporated into the same ordinance thereby reducing publication costs. ROLL CALL VOTE: All Councilmembers voted YES CORRESPONDENCE MOTION CARRIED The City Clerk read a request for approval of the final 1981-1983 Cooperation Agreement by the King County Housing and Community Development Division. Roegner noted this had been through Committee. It was moved by Roegner, seconded by Craig, to authorize the Mayor to sign the 1981-1983 Cooperation Agreement with King County. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED CONSENT AGENDA It was moved by Roegner, seconded by Flechsig, to approve a call for a public hearing before the Council on September 15, 1980, on revisions to the Three Year Plan for the Community Development Block Grant Program. RECOMMENDATIONS Public Works recommendations: 1. It was moved by Craig, seconded by Larson, to authorize Change Order No. One to Contract 80-04, Sanitary Sewer Impr. #46, replacement of sanitary sewers various areas, community block grant project, in the amount of increase of $33,519.89 due to addition of approximately 453 l.f. of 8 inch pipe replacement alley north of Main Street between "D" St. N.E. and Auburn Way North. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 2. It was moved by Craig, seconded by Larson, to authorize Pay Estimate No. 1, Contract 80-05, L.I.D.'s 311, 312 & Water Imp. 131, water & sewer 37th St. S.E. area and watermain 2nd & "B" Streets S.W. to Renton Construction Co. in an amount of $15,343.30. Contract Bid Amount $220,507.32 Total Amount Earned 15,343.30 (Incl. $1,610.00 retainage) ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 3. It was moved by Craig, seconded by Larson, to authorize Pay Estimate No. 5, final, to Como Contractors, Inc. for Water Imp. 123, Contract-79-17, in the amount of $6,075.18. Contract Bid Amount $381,149.93 Total Amount Earned 382,250.84 (Incl. $23,150.56 retainage) ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 4. It was moved by Roegner, seconded by Larson, to authorize a public hearing on assessment rolls for L.I.D.'s 297 (undergrounding alley south of E. Main St.) and 299 ("H" St. N.W.) on October 6, 1980. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 4. It was moved by Craig, seconded by Larson, to approve amendingcChange,Ofder No..:l.:.. to Contract 80-04, Sanitary Sewer #46i replacement of'sanitary>sewer'mains in -various locations, to include time.extension of 15 days, last working day to be September 25, 1980. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED -5- 1'78 AUBURN WASHINGTON TUESDAY SEPTEMBER 2, 1980 5. It was moved by Craig, seconded by Larson, to authorize a credit of $400 to Assess- ment No. 12 on both L.I.D.'s 311 and 312, water and sewer in 37th St. S.E. due to prior engineering services performed. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED COUNCIL COMMITTEE REPORTS Public Sa aty Committee - Chairman Bob Roegner - Minutes are of public record. Street & Engineering Committee - Vice -Chairman Bob Roegner It was moved by Roegner, seconded by Hitchcock, to approve Change Ocder No 2, "A" St. S.E. project, Item #707 - Lift Station Modifications in the amount of $6,997.00. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED It was moved by Roegner, seconded by Hitchcock, to authorize the retainage of the law firm of Harpold, Combs, Hanis and Fiori to handle the condemnation and resolution of the title problems on 40th N.E. and at the same fee arrangements as they've previously been retained on prior condemnations. Planning & Community Development Committee - Chairman Lillian Kitchell - No report Utility Committee - Chairman Ron Craig Resolution No. 1129 It was moved by Craig, seconded by Kitchell, that Resolution No. 1129, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CALLING FOR A PUBLIC HEARING IN THE AUBURN CITY HALL COUNCIL CHAMBERS ON MONDAY, SEPTEMBER 15, 1980, AT 8:00 P.M. FOR THE PURPOSE OF DETERMINING BY THE AUBURN CITY COUNCIL THAT THE REAL PROPERTY CONSISTING OF APPROXIMATELY 79 ACRES AND PREVIOUSLY UTILIZED AS A SANITARY SEWER LAGOON BE DECLARED SURPLUS TO THE CITY'S NEEDS AND AUTHORIZING THE SALE THEREOF," be adopted. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED It was moved by Craig, seconded by Kitchell, to initiate proceedings to rezone the property previously utilized as a sanitary sewer lagoon from public use to M-1 in accordance with the Comprehensive Land Use Plan and refer to the Planning Commission. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED Resolution No. 1127 It was moved by Craig, seconded by Larson, that Resolution No. 1127, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE CITY OF AUBURN TO EXECUTE A LETTER OF AUTHORIZATION FOR SURGE ANALYSIS RELATED TO LAKELAND HILLS SANITARY SEWER SYSTEM BETWEEN THE CITY OF AUBURN AND THE URS COMPANY," be adopted. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED Airport Committee - Chairman Bud Larson - Minutes are of public record. Municipal Building & Equipment Maintenance Committee - Chairman Lewis Hitchcock - No report. Finance Committee - Chairman Al Flechsig It was moved by Flechsig, seconded by Craig, to approve claim checks #7354 thru 7533 in the amount of $751,898.47 and payroll checks #12018 thru 12507 in the amount of $302,318.84. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED ORDINANCES AND RESOLUTIONS 1 1 179 AUBURN WASHINGTON TUESDAY SEPTEMBER 2, 1980 Ordinance No. 3536 It was moved by Craig, seconded by Flechsig, that Ordinance No. 3536, entitled, "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, GRANTING TO THE WASHINGTON NATURAL GAS COMPANY, A WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY GAS PIPES AND MAINS IN THE STREETS, AVENUES, LANES, ALLEYS, HIGHWAYS, AND OTHER PUBLIC PLACES IN THE CITY OF AUBURN, WASHINGTON," be introduced and adopted with the change from 25 years to 5 years in Section 7., ROLL CALL VOTE: Councilmembers Craig, Hitchcock, Flechsig, Lea, Roegner and Kitchell voted YES. Councilmember Larson voted NO. MOTION CARRIED Ordinance No. 3543 It was moved by Flechsig, seconded by Larson, that Ordinance No. 3543, entitled, "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF A PARCEL OF LAND 1.93 ACRES IN SIZE LOCATED ON THE SOUTH SIDE OF 3RD STREET S.E. IN THE 1300- 00 1400 BLOCKS, WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION Iq THEREOF FROM R-3 TO R-3 WITH A CONDITIONAL USE PERMIT AND R-4," be introduced and iq adopted. QROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED Q Ordinance No. 3544 It was moved by Kitchell, seconded by Roegner, that Ordinance No. 3544, entitled, "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, GRANTING A ONE YEAR EXTENSION OF THE CONDITIONAL USE PERMIT AUTHORIZED BY AUBURN CITY ORDINANCE NO. 3425 (PASSED AUGUST 20, 1979) WHICH PROVIDED FOR A CONDITIONAL USE PERMIT ON PROPERTY ZONED M-2 LOCATED ON A PARCEL OF LAND APPROXIMATELY 27 ACRES IN SIZE LYING ON THE NORTH SIDE OF 15TH ST. N.W. BETWEEN THE VALLEY FREEWAY AND THE CHICAGO MILWAUKEE RAILROAD RIGHT-OF-WAY, WITHIN THE CITY OF AUBURN, WASHINGTON," be introduced and adopted. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED Resolution No. 1127 Passed under Utility Committee Report. Resolution No. 1128 It was moved by Larson, seconded by Flechsig, that Resolution No. 1128, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR OF THE CITY OF AUBURN TO EXECUTE AN INTERLOCAL AGREEMENT ESTABLISHING DISTRICT COURT FILING FEES FOR CERTAIN CRIMINAL ACTIONS, BETWEEN THE CITY OF AUBURN, AND KING COUNTY," be adopted. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED Resolution No. 1129 Passed under Utility Committee Report. The Council adjourned to an executive session at 10:18 p.m, to discuss matters of personnel negotiations. The regular session reconvened at 10:34 p.m. It was moved by Hitchcock, seconded by Kitchell, to authorize the Mayor to sign the contract with the Teamsters Union of the Police Unit. ROLL CALL VOTE: All Councilmembers voted YES MO MOTION CARRIED There being no further business to come before the Council, the meeting adjourned at 10:38 p.m. -7- Stanley Kersey, Mayor Coralee A. McConnehey, CitACle�