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HomeMy WebLinkAbout04-06-19812 6 o UBURN WASHINGTON MONDAY APRIL 6. 1981 The regular meeting of the City of: Auburn Council convened at 8:00 p.m. in the City of. Auburn Council Chambers. ROLL CALL CbUNCILMEMBERS: Councilmembers Roegner, Kitchell, Craig, Larson, Hitchcock, Flechsig and Lea present. APPROVAL OF MINUTES It was moved by Larson, seconded by Hitchcock, to approve the minutes of March 16, 1981, with the correction on Page 6, Resolution 1192, changing 15th Street Southeast to Southwest. MOTION CARRIED PUBLIC HEARINGS Mayor Kersey excused himself since the first item on the agenda for a public hearing might constitute a conflict of interest. Be turned the meeting over the Mayor Pro-Tem Ron Craig. 1. W. A. SWISHER - VACATION OF ALLEY - "A" BETWEEN 7TH AND 8TH S.E. - APPL. V-13-80 Mayor Pro-Tem Craig declared the public hearing open on the request for vacation of alley right-of-way, situated on that portion of land designated as a public alley lying east of "A" Street Southeast between 7th and 8th Street Southeast. No one in the audience spoke for or against the request. It was moved by Flechsig, seconded by Kitchell, to close the public hearing. MOTION .CARRIED , Lea noted the Street Committee recommended approval and that an easement had been requested by Puget Power. It was moved by Lea,.seconded by Flechsig, to approve the request of W. A. Swisher to vacate an alley situated east of "A" Street Southeast between 7th and 8th ' Street Southeast with the stipulation that a utility easement be retained above and below the alley and the City Attorney be instructed to draw up the necessary ordinance. ROLL CALL VOTE: Councilmembers Flechsig, Lea, Roegner, Kitchell and Craig voted YES. Councilmembers Larson and Hitchcock voted NO. MOTION CARRIED Mayor Kersey returned at this time. 2. QUADRANT COMPANY - VACATION OF STREET - APPL. V-5-80 Mayor Kersey declared the public hearing open on the request of Quadrant Company for vacation of street right-of-way, situated on that portion of 59th Avenue S. between S. 344th Street and S. 346th Street; and that portion of 59th Avenue S. between S. 346th Street and Iowa Drive; and that portion of S. 344th Street between 56th Avenue S. and 59th Avenue S.; and that portion of 56th Avenue S. between S. 344th and Iowa Drive. Lynn Keenan, representing SEA Engineers, 33811 9th Avenue S., Federal Way, showed the Council an illustration of the area involved in the vacation request. She said the reason this vacation was being requested was in order to remove material and grade to complete reclamation of a barrow pit approved for grading in 1972. She also noted Algona had approved vacation of those street portions located in their city limits. No one else spoke for or against the request. It was moved by Craig, seconded by Hitchcock, to close the public hearing. MOTION CARRIED Lea noted that the Street Committee had not review the request as yet. -1- AUBURN WASHINGTON MONDAY APRIL 6, 1981269 Roegner also noted the Utility Committee has recommended denial. Pat Nevins said it was because all of the information had not been available. It was moved by Lea, seconded by Roegner, to refer the request of Quadrant Company for vacation of street right-of-way to the Street and Utilities Commmittees. MOTION CARRIED Councilmember Al Flechsig excused himself at this time because of the upcoming public hearing which he felt could be construed as a conflict of interest. 3. FRANK MILES DON MAR INC. MRS. C. PAUTZKE & OLGA MEADE - SPU - APPL. 41-80 Mayor Kersey declared the public hearing open on the request of Frank Miles, Don Mar Inc., Mrs. C. Pautzke and Olga Meade for a Special Property Use Permit to mine sand and gravel from a parcel of land 169 acres in size zoned R-1 (Single Family) located north of 17th St. S.E. extended, south of SR 18 and east of "R" St. S.E. extended. The Planning Commission recommends approval of this request provided that the 10 foot setback proposed around White Lake is changed to a minimum of 50 feet and provided that the issuance andn-'.ntenance of said M gravel removal permit shall be contingent upon compliance by the petitioner W and/or their assigns with the following conditions and restrictions: (1) That the permit be granted for a ten (10) year period from the effective date of the ordinance, (2) Excavation shall be in conformance with the plans and profiles included with the final impact statement of Lakeview issued November 19, 1980, Q (3) This permit shall be for the removal of sand, gravel and earth materials Q only with no crushing of material by mechanical equipment allowed, (4) No undercutting of finished slopes will be allowed, (5) No blasting or other activities producing ground vibrations will be allowed, (6) All equipment operating within the permit area using gasoline or diesel engines shall be equipped with an approved muffler containing a series of chambers, baffles or other mechanical designs for the purpose of receiving exhaust gases from internal combustion engines and being. effective in reducing noise resulting therefrom, (7) Noise levels shall not exceed those levels established by the Washington State Department of Ecology, ' (8)Hours of operation shall be from 7:00 a.m. to 7:00 p.m. six (6) days per week. No materials shall be removed or equipment operated on Sundays or legal holidays. (9) All final slopes and excavated areas shall be seeded and caused to grow with a mixture of seed, fertilizer and wood cellulose fiber in accordance with the most recent requirements of the Washington State Highway Department of Hydroseeding. Seeding of final slopes and excavated areas shall begin with 90 days after excava- tion is completed, unless otherwise directed by the Planning and Community Develop- ment Committee due to weather conditions, (10) Approval from the State of Washington pertaining to air, water and noise pollution and land restoration, if applicable, shall be submitted to the City Planning Department prior to removal of any material from the approved reclamation site, (11) The City shall have the right to make inspections of the reclamation site at any reasonable time to determine compliance with the provisions of the permit. The City shall notify the owner and/or operator of a proposed inspection, lack of such notification shall not be cause for denying the right to inspect. .The owner and/or operator shall have the option of accompany- ing the inspector, (12) A performance bond in the amount of one thousand dollars ($1,000.00) per acre guaranteeing restoration of the reclamation site shall be filed with the City Planning Department prior to commencement of grading, (13) That if the ownership is transferred the new owner and/or owners shall be required to review the grading plan and conditions with the City Council Planning and Community Development Committee to insure compliance with the conditions of the permit, (14) Every six (6) months after the effective date.of this ordinance the owner and/or engineer shall submit to the City Planning Department a report of the amount of material removed together with a statement and other information to indicate compliance with the grading plan. The Planning Department may require additional information if necessary to insure compliance, (15) A storm water runoff plan including retention ponds, etc. necessary to protect the water quality of White Lake shall be submitted to the Public Works Department for approval prior to the removal of any material from the site, (16) All haul roads within the excavation site leading to City streets shall be surfaced to reduce dust, (17) A paved haul road shall be constructed in accordance with the haul road location map as shown on Page 22 of the Lakeview EIS to direct the truck traffic under SR-18 to intersect the Auburn Black Diamond Highway in the vicinity of the existing railroad crossing thence easterly along the Auburn Black Diamond Road to the SR-18 Green River Interchange. Plans for the intersection improvements of the haul road -2- 270 AUBURN, WASHINGTON MONDAY APRIL 6, 1981 with the Auburn Black Diamond Road shall be approved by the Auburn Public Works Department, (18) The Lakeview site shall be fenced with a 6 foot high open wire mesh type fence to control access to the excavation site. There shall be retained a continuous 10 foot wide natural green -belt along the inside of the fencing. Where native vegetation is lacking the owners shall plant native conifer trees to supplement the screening effect, and (19) This request will conform to the elements of the Comprehensive Plan and consideration shall be given to any require- ments of the Public Works Department. Dick Kammeyer, representing all the petitioners with the exception of Frank Miles who was also in the audience, 302 "0" St., introduced Jeff Moore, Director of Planning for Sleavin Associates, to make a presentation. Jeff Moore, 301 IBM Bldg, showed the Council an enlarged air photo of the area and oriented them to where the project was. He also gave a brief summary of how the project would progress. He noted a fence would be put around the entire area to begin with, that there would be a 10 foot green belt, the haul road put in, top soil removed and stock piled for later restoration. He said the project would take about 10 years and 6.5 million cubic yards of material. lie also provided the Council with a three dimensional model of the net result of the surface mining operation. Moore stated the Impact Statement covered the reclamation plan. The map was marked Exhibit 1; the Model, Exhibit 2 and the Environmental Impact Statement, Exhibit 3. Hitchcock questioned Moore further about the haul road. Moore indicated the road would go under SR-18 to intersect with the Auburn Black Diamond Highway in the area of the existing railroad crossing then east along the Auburn Black Diamond Road to the SR-18 Green River Interchange. Richard Reich, 39105 172nd Ave. S.E., attorney for the Muckleshoot Indian Tribe, submitted a letter dated April 6, 1981, listing seven objections to the proposed permit. He also said the City's assertion of jurisdiction over this land is disputed by the Tribe and while he realized he probably wouldn't be able to change the Council's mind on the Tribe's jurisdiction their objections on the SPU are ' outlined in the written statement. He also noted the aerial photograph showed some overlapping area of work already being done in what appeared to be the area now being requested for a Special Property Use Permit. He wondered if previous restrictions have not been followed how the Council could expect proposed restrictions to be followed. Roger Hornbuckle, 2419 - 17th S.E., representing 50 petitioners opposing the Special Property Use Permit. He read the petition giving six objections to the permit. He also added that the area around Skyway Lane was being used for dumping refuse, teenage drug and booze parties and in the area of the burn trails were being used by kids on motorcycles, unsupervised, some going in excess of 50 m.p.h. Hornbuckle said the people in the area were not opposed to someone making a living, however, if the permit were approved they would like to see (1) the buffer changed from 10 to 100 feet, (2) mining of 10 to 20 acres only at a time, (3) limited hours of operation and not on weekends, (4) fencing of the entire propery to include existing operations, (5) mining restrictions during dry season and a (6) surety bond for drapes, carpets and other items which suffer from severe dusting from the operation. He called the Council's attention to his calculations that removing 6.5 million cubic yards of material would drop the elevation 25 plus feet. He wondered if this was mining operation rather than a regrading? Also, he felt it would be good to make the owner's promises part of the requirements. Finally, he asked if the fence could be maintained since constructing it and leaving it unmaintained didn't help. Frank Mills, 21380 North Tapps Highway, Sumner, said the area questioned by Mr. Reich has been in operation since the early 1900's and was grandfathered in. Also he responded about the fence being maintained saying they plan to not only main- tain it but plan to build a more substantial fence. Dick Kammeyer, 302 "0" St. N.E., asked to clarify a few points with regard to Mr. Reich's statements. He noted the Indian property bordering the Enumclaw Highway has been mined and left the property 30 or 40 feet up in the air. Also. they mined their property on the other side of the Enumclaw/Auburn Highway for a shopping center three or four years ago. A crusher was put in with no apparent concerti for -3- AUBURN WASHINGTON MONDAY APRIL 62 1981 271 dust or noise. He felt, frankly, some of the things they are worrying about they haven't done on their own land. He added as far as their operation was concerned about the dust, the was mining going on before houses were built and they are under regulation by the Air Pollution Agency. He said everything was either water, oiled or hacktopped and there was no processing of material but strictly removal. Jeff Moore added to his previous comments. He said the planning process has gone on for two years. They had met with staff and more recently the Planning Commission. He noted the Planning Commission had reviewed the Environmental Impact Statement apparently quite thoroughly and that the statement addressed many of the items brought up by Mr. Reich and Mr. Hornbuckle. Moore stated specifically the items regarding the water quality in White Lake was mentioned in Condition 15 of the Planning Commission recommendations. Noise levels were addressed in Conditions 5,6,7 and 8. Dust and dirt under the hydroseeding condition. He also added the Audubon Society had recommended a 50 foot buffer area while the Planning Commission felt 10 feet was enough. The sponsors have agreed on 50 feet. M It was moved by Craig, seconded by Larson, to close the public hearing. w MOTION CARRIED Craig stated his experience has been that a lot depends on who the gravel operator is and what you put in the ordinance offers no real guarantees. He felt you Q couldn't put in this type of operation without some impact. He said six days Q was a lot for residents abutting the area. Craig asked Schuler if the petitioners could go to the Board of Adjustments if they decided they wanted something changed. Schuler responded the Board of Adjustment have changed their rules so they could not change SPU or CUP conditions. Craig felt one thing they maybe should be looked at was the six day operation. Another thing was the $1000 per acre performance bond. He wondered if this amount ' was too little. He added he believed a specific haul route should be a part of the ordinance. He asked if some consideration couldn't be given to specifying perhaps a 100 foot buffer zone in the Dogwood Street area until the operations came up to that point. Mayor Kersey suggested 200 feet north and south in a triangular -type shape. Hitchcock stated the petitioners in the past have a record of operating six to seven days. He asked if it would be a hardship to work five days and end at 5:30 p.m. Kammeyer responded they could live with five days a week, that presently their hours are until 3:30 p.m. and they could also live with the 100 foot buffer down the north end. Larson asked of the present pit was closer than the proposed one so their would be no more noise than their is now. Kammeyer said this was correct. Lea asked George Schuler if this was going to be a 10 year operation could it not be restored in segments. Schuler replied the restoration was broken down into two phases and to break it down any more than that it would be almost impossible to restore into a manner you would want to use. Lea asked if there wasn't some kind of safeguard to see the restoration was done. Schuler suggested it could be inserted into ordinance to do the seeding. Moore added as indicated in the EIS there were two phases which would be seeded after each was completed. Lea also wondered if this was in the EIS would it suffice or should it be in the ordinance. Schuler said part of the Planning Commission's recommendations (14) covered this because it would require the operator to meet with the Planning.Department every six months together with a statement to indicate they were in compliance with the grading plan. He added he wouldn't see any problems if the Council wanted to insert it into the ordinance. Kammeyer offer further information on Lea's concern by stating it was State law that they have a reclamation permit. After Council approval they would have to get the permit. Also, in answer to one of Craig's concernsabout the $1000 an -4- 2'72 AUBURN WASHINGTON MONDAY APRIL 6, 1981 acre performance bond he noted it costs around $600 an acre to reseed. The State permit requires reseeding also. It was moved by Larson, seconded by Craig, to approve the request of Frank Miles, Don Mar Inc., Mrs. C. Pautzke and Olga Meade for a Special Property Use Permit and the City Attorney be instructed to draw up the necessary ordinance to include the stipulations that the haul route would be the only means of exit for removal of gravel, the days would be limited to Monday through Friday, the hours from 7 a.m. to 7 p.m. and the 100 foot buffer zone in the area in the Dogwood Street area in addition to the Planning Commission recommendations as amended. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED Councilmember Flechsig returned at this point. 4. TITLE GUARANTY CO. & VALLEY CITIES MENTAL HEALTH - SPU AMENDMENT - A_)PL. 1•81 Mayor Kersey declared the public hearing open on the request of Title Guaranty Co. and Valley Cities Mental Health to amend an existing Speci-I Property Use Permit to allow the construction of a 7,000 sq. ft. addition to an existing building located at 2704 "I" St. N.E. The Planning Commission recommends approval of this request because it will conform and will be compatible with existing development on adjoining properties and be subject to the following conditions: (1) That a 15 foot setback be maintained from the."I" St. N.E. property line, (2) That prior to the City Council public hearing that a revised site plan be submitted to the Planning Department for review. Said site plan shall also include a landscape plan, (3) That any requirements of the Public Works and Fire Departments be complied with. Mayor Kersey asked Schuler if the revised site plan had been submitted as required in the conditions recommended by the Planning Commission. Schuler said a revised site plan had been submitted which showed a 15 foot setback. Bill Stewart, Director of Administrative Services for Valley Cities Mental Health Center, representing the Center as well as Title Guaranty Co., stated there were three facilities located in Auburn. The main facility is where they were proposing the addition. He said the purpose of this request is to help them stabilize the cost of their facilities as two of them are tied to the Consumer Price Index. They would be adding on to give them the ability to house these two units with the main one. He also stated the impact on travel would not increase. It was moved by Hitchcock, seconded by Larson, to close the public hearing. MOTION CARRIED Hitchcock asked about the comments from the Fire Department regarding the need for a fire hydrant. Schuler responded the hydrant problem would be addressed at the time of issuance of a building permit. He added the, is more than adequate parking for this facility. It. was moved by Hitchcock, seconded by Lea, to approve the request of Title Guaranty Co. and Valley Cities Mental Health to amend an existing Special Property User Permit and the City Attorney be instructed to draw up the necessary ordinance to include the recommendations of the Planning Commission. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 5. JOHN KINGMAN - REZONE FROM R-3 TO R-4 "M" STREET S.E. IN 3300-3400 BLOCKS - APPL. 2-81 Mayor Kersey declared the public hearing open on the request of John Kingman to rezone from R-3 (Duplex) to R-4 (Multi -Family) a parcel of land on the west side of "M" Street S.E. in the 3300-3400 blocks. The Planning Commission recommends approval of this request and that it be subject to any recommendations of the Fire and Public Works Departments. Robert Van Siclen, attorney, 29 1st St. N.F.., representing the petitioner, briefed the Council on existing land uses around the area in question. He said because -5- 1 273 AUBURN WASHINGTON MONDAY APRIL 6 1981 of those uses surrounding the property he felt the proposal was a logical use for the property. He also saw there would be no greater burden as far as traffic was concerned. Harry Malesis, 2701 18th St. S.E., spoke on behalf of Mr. Kingman, inquiring about George Schuler's comment in the March 18, 1981, memo about leaving this property in its existing zoning to act as a buffer. He wondered what it would buffer. He stated but only 9% of the area in a 1000 foot corridor on either side is single family. The other 91% is multiple use, mobile home park or high density. He noted what had been planned for the was ten four-plex units not necessarily apartments. It was moved by Larson, seconded by Hitchcock, to close the public hearing. MOTION CARRIED Craig expressed concern over approving this because there is a lot of difference in saying they are going to put in four-plexes and what they are really able to do under R-4. He said he was opposed to R-4 zoning because there needs to be a transition somewhere. He asked what would take place if they came in with a 00 Conditional Use Permit. Larson said that even though a mistake may have been in the past he didn't see any reason to deny this because it appeared it wouldn't make any difference CD anyway. He noted everything to the west of "M" Street is pretty much R-4 now Q except for the school. He felt cast of "M" is a pretty good buffer because you Q have your R-3's and R-2's which buffer between single family on "0" Street. Roegner asked Schuler what was directly north. Schuler answered there were three duplexegsingle family on the smaller lot and the balance of the area is vacant. Hitchcock wondered if .the Council couldn't grant a R-3 with Conditional Use Permit or would they have to go R-4 with restrictions. Schuler said they had recommended they apply for a Conditional Use Permit for their four-plexes which would allow ' them to build eight four-plexes and still have ample area. This would have restricted the property to those uses. The R-4 would allow 2200 sq. foot living area per unit which would allow them to put half again as many units. Hitchcock asked Van Siclen if the eight four-plexes would be satisfactory. Van Siclen it they would need ten unit to make development feasible. It was moved by Craig to deny the request. The motion died for lack of a second. Lea asked what restrictionsiwould be under the Conditional Use Permit. Schuler said under the R-4 they could have multi -family but there would be height. Under the R-3 you could have one living unit per 3500 sq. ft. of lot area. A four-plex would take 14,000.sq. feet. Eight four-plexes and one duplex could be built on the site which wouldn't given them their ten four-plexes. Lea thought that in the transitional planning it .would go from single-family to multi -duplex type to apartment type. He wondered how this would differ. Schuler said you would have to go back to the previous rezone which was a R-4. The zoning on the Kingman property was already R-3 which would act as the buffer zone. Lea said he would probably feel a little more sympathetic to their position if he was reasonably sure the R-2's across to the east would remain R-2. He asked Schuler if there was anything in the Comprehensive plan which would prohibit any- thing else. Schuler replied not particularly. Hitchcock asked if he said east not west. Schuler said west of "M" is also low density zoning but duplexes have been allowed. Larson asked if the R-4 were approved could some restrictions be placed on the type of units put on the property. Schuler replied the Conditional,Use Permit would not allow them the ten units. He added the only other way would be if the City went in with a separate contract with the owners. It was moved by Larson, seconded by Hitchcock, to table the request until the next regular meeting so Schuler and Bereiter could meet with the petitioner. MOTION CARRIED 274 AUBURN WASHINGTON MONDAY APRIL 6, 1981 6. GARY TUININGA & GARY OHRT - REZONE UNCL. TO M-1 - S. 285TH ST. - APPL. 3-81 Mayor Kersey declared the public hearing open on the request of Gary L. Tuininga and Gary D. Ohrt to rezone from Unclassified to M-1 (Light Industrial) a parcel of Land 4.22 acres in size lying on the north side of S. 285th St. and east of SR 167 (Valley Freeway). The Planning Commission recommends approval of this request because it will conform to our Comprehensive Land Use Plan for the area which was adopted upon annexation and will conform to existing zoning in the area. Condiseration should be given to any recommendations of the Public Works and Fire Departments. Gary Tuininga was in the audience representing himself and Gary Ohrt to answer any questions. No one else spoke for or against the request. It was moved by Hitchcock, seconded by Larson, to close the public hearing. MOTION CARRIED It was moved by Hitchcock, seconded by Larson, to approve the request of Gary Tuininga and Gary Ohrt to rezone from Unclassified to M-1 and instruct the City Attorney to draw up the necessary ordinance to include the recommendations of the Public Works and Fire Departments. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 7. D. M. YOUNG CONSTRUCTION CO. INC. - COND. USE PERMIT - "I" ST. N.E. - APPL. 5-81 Mayor Kersey declared the public hearing open on the request of D. M. Construction Co., Inc. for a Conditional Use Permit to construct a zero lot line subdivision on a parcel of land 20.1 acres in size lying between a point 450 feet east of "I" St. N.E. and the Green River and lying north of Brannan Park. The Planning Commission recommends approval of this request for the "zero lot line" subdivision and that before it goes before the City Council that petitioner shall get together with the Planning and Public Works Departments to work out the items mentioned in Conditions Ill and #2 of the Planning Department's recommendations. ' Joe Iker, John Keith & Associates, 1140 14th Ave. N.E., Bellevue, representing D. M. Young Construction, spoke in favor of the request. He showed the Council a copy of the site plan and explained how they would build duplexes with the party wall on the lot line. He said it was a new concept which was being used in California and was working its way up to this area. No one else spoke for or against the request. It was moved by Flechsig, seconded by Hitchcock, to close the public hearing. MOTION CARRIED Larson asked if this was like the development on Lea Hill. Schuler replied yes, however, they had learned a lot fuom that development and there were also other substandard problems in addition. Larson asked further about parking of recreational vehicles. He thought it would be very hard to enforce not parking in a way protruding into the street. Schuler said this is why they have requested putting in restrictive covenents administered through the home owners association. He said there would not be ample parking in the driveways and on the street with one side reserved for a fire lane. Craig expressed concern in having roads which are too small. He felt enforcing restrictive covenents would be impossible. He said he was opposed to streets so small parking could be allowed only on one side. Roegner asked Schuler about Item 2, Page 2 of his February 23, 1981, memo, "There shall beonescreened off-street parking space provided at a central location for recreation vehicles, boats, etc. for each 10 living units. Schuler responded this is what the owners had come up with themselves. Roegner asked Chief Gibson how the Police Department would enforce keeping one side of the street vacant. Gibson responded to the extent they enforce other areas with parking on one side. -7- 275 AUBURN WASHINGTON MONDAY APRIL 6, 1981 Hitchcock asked Chief Spencer to express the Fire Department's opinion on this type of parking. Spencer stated their experience up until now has not been too good. Roegner asked Mr. Iker what would happen if double parking were provided. Iker said it would have considerable impact on the development. Craig said he had a particular problem with this type of street. The City has had to live with these problems. He recommended referring the matter to the Street and Planning & Community Development Committees. It was moved by Craig, seconded by Larson, to refer this request to the Street and Planning & Community Development Committees to come back to the Council the first Council meeting in May. MOTION CARRIED 8. AMEND COMPREHENSIVE LAND USE PLAN - APPL. 6-81 Mayor Kersey declared the public hearing open a request to u:-:nd the existing Comprehensive Land Use Plan from single family low density rural to Heavy 00 00 Commercial a parcel of land lying between the Burlington Northern Railroad right of way and the Auburn Black Diamond Road/SR 18 Highway right of way. qZT The Planning Commission recommends approval of this request to amend the 0 Comprehensive Land Use Plan from single family to heavy commercial for the Q following reasons: (1) The area is not desirable for residential use with Q the maximum depth of the property of 300 feet with a railroad on one side and with the Auburn -Black Diamond Highway and the Tacoma -North Bend Freeway on the other side, (2) The area is not suitable for agricultural purposes, (3) Approximately 50% of the usable land is being used for commercial use. No one in the audience spoke for or against the request. It was moved by Hitchcock, seconded by Flechsig, to close the public hearing. MOTION CARRIED ' It was moved by Hitchcock, seconded by Roegner, to approve the amendment to the Comprehensive Land Use Plan from single family low density rural to. Hevery Commercial, Application 6-81, and instruct the City Attorney to draw up the necessary ordinance to include the recommendations of the Public Works Department. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED BID OPENINGS 1. Bids were opened at 11:00 a.m., March 25, 1981, for the purchase of a 10,000 lb. G.V.W. cab and chassis. No bids were received. The item will be rebid. 2. Bids were opened at 11:00 a.m., April 1, 1981, for the purchase of a 23,000 lb. G.V.W. cab and chassis. No bids were received. The item will be rebid. CONSENT AGENDA It was moved by Roegner, seconded by Craig, to approve the consent agenda as indicated: Refer to the next regular meeting of the Planning Commission: 1. The request of Gwynllyn.Vukich Exec. for Estate of George & Cecil Holt to rezone from R-2 (Single Family) & M-2 (Heavy Industrial) to R-4 (Multi -Family) property located between 17th and 21st S.E. in the 400 block. (Application 11-81) 2. The request of M/M Donald H. Meyers to rezone from R-2 (Single Family) to R-3 (Duplex) property located at southwest corner of "M" and 22nd Street N.E. (Appli- cation 12-81) 3. The request of David English, M.D. to rezone from R-4 (Multi -Family) to C-1 (Light Commercial), property located at 11 3rd St. N.E. (Application 13-81) ma 2'76 AUBURN, WASHINGTON MONDAY APRIL 6, 1983. 4. The request of G. L. Honeysett to rezone from R-4 (Multi -Family) to R-M (Multi - Family High Density), property located on the north side of 4th St. N.E. in the 500 block. (Application 14-81) Call for a public hearing before the Council at its April 20, 1981, meeting: 5. The request for annexation fo 3.35 acres on the west side of Auburn Way North south of 277th approximately in the 4900 block of Auburn Way North. MOTION CARRIED RECOMMENDATIONS Public Works: 1. It was moved by Lea, seconded by Hitchcock, to authorize a call for bids for construction of L.I.D. 313, street construction and related appurtenances on "C" Street N.W. from a point approximately 400 ft. north of 6th Street N.W. to 15th St. N.W. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 2. It was moved by Craig, seconded by Larson, to award Contract 80-10, L.I.D. 318, sanitary sewer construction 37th St. N.E./N.W. area, to Frank Coluccio Const. Co. on their low bid of $355,644.00 plus sales tax of $19,204.78 for a total at unit prices bid of $374,848.78. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 3. It was moved by Craig, seconded by Larson, to award Contract 80-11, L.I.D..33.5, Riverside sanitary sewer lift station, to Intermountain Construction on their .bid of $116,810.00 plus sales tax of $6,307.74 for a total at unit prices bid of $123,117.74. The City Attorney and City consultants recommend award to the second low bidder and have determined the first low bidder to be non -responsive to the bid specifications. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 4. It was moved by Craig, seconded by Larson, to approve an adjustment of credit in the amount of $99.75 to sanitary sewer bill of Account No. 305-2910, 220 "H" St. N.W., due to water leak. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 5. It was moved by Craig, seconded by Larson, to approve an adjustment in the amount ' of $158.19 on the water bill and $403.18 on the sewer bill of Account No. 240-4920 due to rusty tailpiece and fitting. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 6. It was moved by Lea, seconded by Hitchcock, to authorize the submission of a prospectus for the utilization of $5,000 of one-half cent gas tax funds for construction of traffic signal at 15th St. N.E. & Auburn Way North. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED Planning Department: Segregation of Assessment No. 3, L.I.D. 303, total amount $50,391.36 as follows: Assessment No. 9 Walter Lang 1018 28th St. S.E. Auburn WA 98002 Assessment No. 11 Walter Lang 1018 28th St. S.E. Auburn WA 98002 102,356.76 sq. ft @ $0.036 - $ 3,684.84 140,796.42 sq. ft. @ $ 0.036 = $5,068.65 1 277 AUBURN WASHINGTON MONDAY APRIL 6 1981 Assessment No. 12 Walter Lang 1018 28th St. S.E. 152,417.72 sq. ft. @ $0.036 = $ 5,487.04 Auburn WA 98002 15 f.f. @ $20.00 = 300.00 $ 5,787.04. Assessment No. 13 Guy G. Martin & Michael Muir 707 S. 295th Place 254,327.51 sq. ft. @ $0.036 = $ 9,155.80 Federal Way WA 98003 Assessment No. 14 Walter Lang 1018 28th St. S.E. 271,312.47 sq. ft. @ $0.036 = $ 9,767.22 Auburn WA 98002 co Assessment No. 16 11 Walter Lang 1018 28th St. S.E. 149,288.91 sq. ft. @ $0.036 = $ 5,374.39 (' Auburn WA 98002 260 f.f. @ $20.00 = 5,200.00 Q $10,574.39 Q Assessment No. 17 Walter Lang 1018 28th St. S.E. 149,288.91 sq. ft. @ $0.036 = $ 5,374.39 Auburn WA 98002 260 f. f. @ $20.00 5,200.00 $10,574.39 TOTAL $59,391.36 COUNCIL COMMITTEE REPORTS Public Safety Committee - Chairman Bob Roegner It was moved by Roegner, seconded by Flechsig, to approve Amusement Device Licenses for Svea Hellinger and Leonard W. and Joan F. Mosebar. MOTION CARRIED Planning & Community Development Committee - Chairman Lillian Kitchell - No report Utility Committee - Chairman Ron Craig - Minutes are of public record Airport Committee - Chairman Bud Larson - Minutes are of public record Municipal Building & Equipment Maintenance Committee - Chairman Lewis Hitchcock - No report It was moved by Hitchcock, seconded by Flechsig, to authorize bid under State bid a one ton cabin chassis 1981 Dodge Truck. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED Finance Committee - Chairman Al Flechsig It was moved by Flechsig, seconded by Lea, to approve Claim Checks No. 1831 through 2059`in-the-amount of $330,919.43, and Payroll Checks 17020 through 17345 in the amount of $23.9,967.92. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED It was moved by Flechsig, seconded by Craig, to authorize a full time clerical position for the Fire Department. MOTION CARRIED ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED -10- BURN WASHINGTON MONDAY APRIL 6 1981 It was moved by Flechsig, seconded by Lea, to approve the following interfund loans to be established at an annual interest rate of ll%: 1. $28,164.47 from 440 to LID 310 for 60 days 2. $20,000.00 from 440 to LID 317 to 12/31/81 3. $10,000.00 from 440 to LID 314 to 12/31/81 4. $15,000.00 from 440 to LID 315 to 12/31/81 5. $10,000.00 from 440 to LID 315 to 12/31/81 ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED Street & Engineering Committee - Chairman John Lea - Minutes are of public record ORDINANCES AND RESOLUTIONS ORDINANCE NO. 3613 - REGULATIONS TO PREVENT FLOOD DAMAGE It was moved by Lea, seconded by Flechsig, that Ordinance No. 3613, entitled, "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, ESTABLISHING REGULATI-6 TO PREVENT FLOOD DAMAGE WITHIN THE CITY LIMITS OF AUBURN, WASHINGTON," be introduced and adopted. ROLI. CALL VOTE: All Councilmembers voted YES ORDINANCE NO. 3619 - SENIOR CITIZEN UTILITY RATES MOTION CARRIED It was moved by Flechsig, seconded by Hitcbcock, that Ordinance No. 3619, entitled, "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, REPEALING AUBURN CODIFIED CITY ORDINANCE 13.24.050 (REQUIRING ANNUAL RENEWAL OF WATER AND SEWER RATE EXEMPTIONS), be introduced and adopted. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED ORDINANCE NO. 3620 - CLID 297 - ISSUANCE OF BONDS It was moved by Flechsig, seconded by Craig, that Ordinance No. 3620, entitled, "AN ORDINANCE RELATING TO LOCAL IMPROVEMENT DISTRICTS; ESTABLISHING CONSOLIDATED LOCAL IMPROVEMENT DISTRICT NO. 297 ET AL. AND CONSOLIDATED IMPROVEMENT FUND, DISTRICT NO. 297 ET AL.; AUTHORIZING THE ISSUANCE AND FIXING THE AMOUNT, FORM, DATE, INTEREST RATE, MATURITY AND DENOMINATIONS OF THE CONSOLIDATED LOCAL IMPROVE- MENT DISTRICT NO.297 ET AL. BONDS; PROVIDING FOR THE CITY'S CONTRIBUTION TOWARD PAYING THE COSTS OF THE LOCAL IMPROVEMENT DISTRICTS BEING CONSOLIDATED; CREATING A SPECIAL ESCROW FUND; AND PROVIDING FOR THE SALE AND DELIVERY OF THE BONDS TO FOSTER & MARSHALL INC. OF SEATTLE, WASHINGTON," be introduced and adopted with the addition of 11.125% interest added on Page 3. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED ORDINANCE NO. 3621 - ANNEXATION - 4700 BLOCK WEST SIDE OF AUBURN WAY NORTH It was moved by Craig, seconded by Hitchcock, that Ordinance No. 3621, entitled, "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, RELATING TO AND PROVIDING FOR THE ANNEXA- TION TO THE CITY OF AUBURN OF A CONTIGUOUS AREA OF LAND LYING ON THE WEST SIDE OF AUBURN WAY NORTH IN THE.4700 BLOCK, WHICH LAND IS DESCRIBED IN A PETITION DULY FILED WITH THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON," be introduced and adopted. ROLL CALL VOTE: All Councilmembers voted YES ORDINANCE NO. 3622 - CONDEMNATION - 40TH STREET N.E. MOTION CARRIED 1 1 It was moved by Lea, seconded by Hitchcock, that Ordinance No. 3622, enfitTed, "AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, RELATING TO AND PROVIDING FOR THE COMMENCEMENT OF AN ACTION TO QUIET TITLE TO THAT PORTION OF 40TH STREET N.E., SITUATED ON THAT PORTION OF LAND LYING UPON THE HARVEY H. JONES DONATION LAND CLAIM NO. 39, AND SITUATED WITHIN THE CITY LIMITS OF THE CITY OF AUBURN, STATE OF WASHINGTON," be introduced and adopted. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED -11- AUBURN WASHINGTON MONDAY APRIL 6, 198279 RESOLUTION NO. 1205 - AGREEMENT WITH METRO ON TRANSIT SERVICE It was moved by Kitchell, seconded by Roegner, that Resolution No. 1205, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR OF THE CITY OF AUBURN TO EXECUTE A SUPPLEMENTAL TRANSIT SERVICE AGREEMENT BETWEEN THE CITY OF AUBURN AND THE MUNICIPALITY OF METROPOLITAN SEATTLE (ORIGINAL AGREEMENT AUTHORIZED BY AUBURN CITY RESOLUTION NO. 1072), be adopted. ROLL CALL.VOTE: Councilmembers Kitchell, Craig, Larson, Flechsig and Roegner voted YES. Councilmembers Hitchcock and Lea voted NO. MOTION CARRIED RESOLUTION NO. 1206 - AGREEMENT WITH PACIFIC NATIONAL BANK FOR FINANCING It was moved by Flechsig; seconded by Lea, that Resolution No. 1206, 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 ENTER INTO AN AGREEMENT WITH PACIFIC NATIONAL BANK OF WASHINGTON, FOR THE FINANCING OF APPROXIMATELY $100,000 IN CAPITAL EQUIPMENT AT AN 11% ANNUAL RATE," be adopted. 00 ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED RESOLUTION NO. 1207 - EMS SERVICE CONTRACT WITH KING COUNTY AND STATE QIt was moved by Roegner, seconded by Flechsig, that Resolution No. 1207, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE Q MAYOR OF THE CITY OF AUBURN TO EXECUTE AN EMERGENCY MEDICAL SERVICES SERVICE CONTRACT BETWEEN KING COUNTY, STATE OF WASHINGTON, AND THE CITY OF AUBURN," be adopted. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED RESOLUTION NO. 1208 - ENGINEERING CONTRACT - URS - LAKELAND HILLS PUMP STATION It was moved by Craig, seconded by Larson, that Resolution No. 1208, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE. MAYOR OF THE CITY OF AUBURN TO EXECUTE A CONTRACT FOR ENGINEERING SERVICES BETWEEN THE CITY OF AUBURN AND URS COMPANY FOR THE LAKELAND HILLS PUMP.STATION PROJECT," be adopted. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED RESOLUTION NO. 1209 - PIPELINE CROSSINGS AGREEMENT - 37TH ST. N.W. UTILITY CROSSINGS It was moved by Craig, seconded by Larson, that Resolution No. 1209, 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 A PIPELINE CROSSINGS AGREEMENT BETWEEN OREGON-WASHINGTON RAILROAD & NAVIGATION COMPANY, UNION PACIFIC RAILROAD COMPANY AND THE CITY OF AUBURN FOR THE 37TH STREET N.W. UTILITY CROSSINGS," be adopted. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED RESOLUTION NO. 1210 - SOLID WASTE AGREEMENT AMENDMENT TO BOEING & R.S.T DISPOSAL It was moved by Larson, seconded by Kitchell, that Resolution No. 1210, entitled, "A RESOLUTION OF THE 'CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 1 OF THAT CERTAIN SOLID WASTE AGREEMENT ENTERED INTO BY THE CITY OF AUBURN, THE BOEING COMPANY AND R.S.T. DISPOSAL, INC. (ORIGINAL AGREEMENT AUTHORIZED BY AUBURN CITY RESOLUTION NO. 1200, PASSED MARCH 11, 1981)," be adopted. ROLL CALL VOTE: Councilmembers Larson, Hitchcock, Flechsig, Lea, Roegner and Kitchell voted YES. Councilmember Craig ABSTAINED. . MOTION CARRIED RESOLUTION NO. 1211 - ENGINEERING CONTRACT - URS - WEST VALLEY SAN. SEWER INTERCEPTOR It was moved by Craig, seconded by Larson, that Resolution No. 1211, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING CHANGE -12- 280 , AUBURN, WASHINGTON MONDAY APRIL 6, 1981 ORDER NO. 2 TO URS COMPANY CONTRACT FOR ENGINEERING SERVICES FOR SOUTH EXTENTION OF WEST VALLEY SANITARY SEWER INTERCEPTOR CONTRACT DATED OCTOBER 30, 1979 (ORIGINAL CONTRACT AUTHORIZED BY AUBURN CITY RESOLUTION 1020 DATED OCTOBER 15_, 1979), be adopted. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED' ADJOURNMENT There being no further business to come before the Council the meeting was adjourned at 11:04 p.m. to an executive session to discuss matters of personnel. .Stanley P. rsey, Mayor Al& d I-J'�Wazt� Coralee A. McConnehey, City Clerk -13- 1 1 1 281 AUBURN, WASHINGTON MONDAY APRIL 6, 1981 ADDENDUM Page 10 - Segregation of Assessments - Add the following motion: It was moved by Flechsig, seconded by Craig, to approve the segregation of assessments. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED Page 10 - Municipal Building & Equipment Maintenance Committee Report - The motion should read as follows: It was moved by Hitchcock, seconded by Flechsig,to authorize purchase under State 00 bid a one ton cabin chassis 1981 Dodge Truck. C a a 1 L