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HomeMy WebLinkAbout07-06-19813 2 AUBURN. WASHINGTON MONDAY JULY 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 COUNCILMEMBERS: Councilmembers Roegner, Kitchell, Craig, Larson, Hitchcock, Flechsig and Lea present. APPROVAL OF MINUTES It was moved by Flechsig, seconded by Hitchcock, to approve the minutes of the June 15, 1981, Council meeting with the following correction on Page 4 under Utility Committee Report changing STRAAM Engineers to URS Engineers. MOTION CARRIED PUBLIC HEARINGS 1. HOEFERT. MCMULLEN & HOLZ - CUP FOR DAY CARE CENTER - 710 "I" ST. N.E. - APPL. 16-81 Mayor Kersey declared the public hearing open on the request of L. Hoefert, D. McMullen and R. Holz for a Conditional Use Permit on a parcel of land approxi- mately 14,000 sq. ft. in size zoned R-2 (Single Family) and located at 7th and "I" Streets N.E. aka 710 "I" St. N.E. The Planning Commission recommended approval of this request provided: (1) A maximum of 32 children be maintained at the day care center, (2) The Conditional Use Permit is issued to Ron and Diana Holz only and is non -transferable, (3) At no time will the play area abut any single-family residences. Doris Wood, 912 8th St. N.E., spoke in opposition to the request. She said she felt there were plenty of day care centers in Auburn. She illustrated her point by a news clipping showing many advertisements by day care facilities. She stated she was not opposed to day care, that she had four children of her own, however she was opposed to changing the residential area in to a commercial area. She expressed concern over the location of the day care because of the dust and noise of construction going on and the children playing in the yard. Mrs. Wood also fell the day care in the neighborhood would de -evaluate her home. She submitted a peti n to the Council. Diana Holz, 701 "F" Street N.E., spoke in favor of the request. She said she had met with the neighbors in the area and felt the meeting had indicated they were generally not opposed to the day care as it was a quality day care. She said she felt the children were not being exposed to anything hazardous to their health from the construction. She added she was licensed by the State and their inspections included the setting in a neighborhood for the day care. Mrs. Holz said they had a petition in support of the day care. Bob Coatin, representing Les Rowland Construction,builders of the apartment complex going on next door. He said they were not unaware of the problems the construction had caused especially with the dust. He stated they were delighted with the idea of having a day care in the area. It would be'off the main path, would not be considered an intrusion to the neighborhood setting and serve as a buffer to the apartments. He added the Holz's will be employed as resident managers at the apartments and will be nearby the day care. Ed Eaton, 920 8th N.E., said he was one of the people who signed the petition in opposition to the request. He said he did so only because he objected only to any intrusion on anything which makes the area anything other than residential. He felt also if this business were to be considered a buffer it would only mean one more special use permit after another. He noted the Planning Commission recommend tions did not say this business would conform to the Comprehensive Land Use Plan. He emphasized he was not objecting to this particular day care center because he was convinced the people would work with the neighbors, but he had a serious objec to the principle of the thing in approving one more special use permit. Susan Smith, 529 8th St. N.E., submitted a petition containing 40 signatures of people who would like to see the day care center stay. She wondered where those people opposing the request would like to see the children put; on Pike Street or an industrial area? -1- 12 AUBURN, WASHINGTON MONDAY JULY 6. 1981J 2 3 It was moved by Craig, seconded by Roegner, to close the public hearing. MOTION CARRIED Craig asked if there was a day care operating there now, illegally? George Schuler responded yes. Craig noted that George Schuler recommended denial. He said his own sympathies was with the people in the neighborhood and he felt the people were 1 gimately concerned about what is going in in the area. He added this business is really not in keeping with the Comprehensive Land Use Plan and there has been a problem in the past with the apartments going in. He stated if the Council allowed one non -conforming use come in,it would be asking for another and another. Hitchcock stated he was inclined to go along with the need of parents for day care. He felt rather than imposing on the neighbors it would be providing services to them. He added a properly licensed and properly supervised home would certainly do a marvelous job. He stated he didn't feel this was the same as a beauty parlor or machine shop. Roegner said Craig was right in the recent need for day care centers and the City still may need more. He stated the difficulty was in classifying it as a business since it is not appropriate to have day cares in commercial areas. He noted the 00 case before the Council did not abut any single family residences and would protect qq the residential area. He added in looking for a day care for his children he felt positive if they were licensed by the state and properly fenced. QFlechsig stated he agreed with Craig as there had been trouble in this area Q before on a conditional use permit for the apartments. Lea felt there was no reason to approve anything based on what has been approved previously. It was a matter of looking at the zoning issue. He said once you open the zoning you would have deterioration. Craig said he was not against the day care center but he felt it was a zoning problem. ' It was moved by Craig, seconded by Flechsig, to deny the request of L. Hoefert, D. McMullen and R. Holz for a Conditional Use Permit for a Day Care Center because it is not in keeping with the Auburn Comprehensive Land Use Plan. ROLL CALL VOTE: Councilmembers Craig, Flechsig and Lea Voted YES. Councilmembers Larson, Hitchcock, Roegner and Kitchell voted NO. MOTION FAILED It was moved by Roegner, seconded by Hitchcock, to approve the request of L. Hoefert, D. McMullen and R. Holz for a Conditional Use Permit for a Day Care Center, Appli- cation 16-81, and the City Attorney be instructed to draw up the necessary ordinance to include the recommendations of the Planning Commission and the Public Works Department. ROLL CALL VOTE: Councilmembers Roegner, Kitchell, Larson and Hitchcock voted YES. Councilmembers Craig, Flechsig and Lea voted 140. MOTION CARRIED 2. FUTURE DESIGN HOMES - REZONE - 37TH S.E. - APPLICATION 17-81 Mayor Kersey declared the public hearing open on the request of Future Design Homes to rezone from R-2 (Single Family) to R-TP (Mobile Home Park) a parcel of land 9.44 acres in size lying on the north side of 37th St. S.E. in the 700 block. The Planning Commission recommended approval of this request because it would conform to existing development on adjoining properties and that a revised site plan be submitted to the Planning Department for review after meeting with the Public Works Department on realignment of 37th St. S.E. and an actual survey of the site had been performed to determine the total area. Consideration should also be given to any other requirements of the Public Works Department. Wayne Gibbons, Land Planning and Management, representing the petitioner, avid this use made sense as it was totally surrounded by similar uses. He reported they had -2- 32 4AUBURN, WASHINGTON MONDAY JULY 6, 1981 submitted a plan to the Public Works Department on the alignment of 37th St. He added this was going to be a mobile home park to provide affordable homes for the community. It was moved by Hitchcock, seconded by Larson, to close the public hearing. MOTION CARRIED Hitchcock wondered if the lots were going to be single or double wide. Schuler replied the layout plan is designed for single or double wide mobile homes and could only be used as per the plan unless they came in for a revision. Lea asked if the curve on 37th St, had been resolved. Schuler responded they have submitted the revised plan with the curve and would have to work with Public Works on the improvement of the plan. Lea asked the representative of the petitioner if he had any quarrel with working with the City to straightened out the curve, Gibbons indicated no. Hitchcock asked the petitioner if there was any objection to the half street section including curb and gutter, storm drainage, sidewalk, street section and street lighting. Byron Dupont, LPM, responded he also represented petitioner and that they had met with Mary Seabrands and John Cutter and discussed the proposal to revise the 37th St. pavement section to add curbs and sidewalk. He said it was decided it would be more proper at this time to agree to join In the L.I.D. to improve the street in the future because at this time it would not be practical to improve a short portion of the street and have to have it torn up in the future in order to fit the total design of 37th Street. Hitchcock wondered if this changed the recommendations by Mary Seabrands. Dupont said this was what came out of the discussion. Roegner asked Pat Nevins to comment on the situation. Nevins explained while he was not aware of the decisions which came out of the discussion, however, his personal opinion was that an agreement with the property owner could be made to enter into the L.I.D. at such time the street was straightened out. Lea reported the Street Committee was desirous in getting the improvements ' in on 37th Street and it looked like it was just a matter of time before a L.I.D. would be formed. He believed the Council should not go into a delay with the rezone at this time. Craig wondered if he understood correctly that the Street Committee was going to go into an agreement with the petitioners that they would sign a L.I.D. It was moved by Craig, seconded by Larson, to approve the request of Future Design Homes to rezone from R-2 to R-TP, Application 17-81, and that the City Attorney be instructed to draw up the necessary ordinance to include the recommendations of the Planning Commission, and, further, that the Council highly recommended an agreement be entered into with the property owner to sign the L.I.D. to straightened 37th Street S.E. ROLL CALL VOTE: All Councilmembers voted YES 3. MILLIGAN - REZONE - 4TH ST. N.E. - APPLICATION 18-81 MOTION CARRIED Mayor Kersey declared the public hearing open on the request of Robert and Sandra Milligan to rezone from R-4 (Multi -Family) to C-1 (Light Commercial) a parcel of land 5250 sq. ft. in size lying on the north side of 4th St. N.E. 75 feet east of Auburn Way North. The Planning Commission recommended approval of this request because it would conform to our Comprehensive Land Use Plan and Central Business District Plan which designates the area for light commercial uses and proposed zoning wouldbe compatible with the existing zoning on surrounding propert Consideration should be given to any requirements of the Public Works Department. Cecil Braden, 13306 S.E. 339th Street, purchaser of the property in question, stated he was planning to put in a better quality women's apparel store. He said in talking with neighbors there had been no opposition. Sandy Milligan, owner of the property, stated she and her husband had purchased -3- AUBURN WASHINGTON MONDAY JULY 6 198B 2 5 the property as an investment and had tried to sell it as a residence. When they had talked with Braden they decided it would be a good idea to go along with the rezone. She said they felt this would be a good business for the area. 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 Robert and Sandra Milligan to rezone from R-4 to C-1, Application 18-81, and the City Attorney be instructed to draw up the necessary ordinance. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 4. BURKE - REZONE - 308 "B" ST. N.E. - APPLICATION 19-81 Mayor Kersey declared the public hearing open on the request of Reginald F. Burke to rezone from R-4 (Multi -Family) to C-1 (Light Commercial) a parcel of land 4500 sq. ft. in size located on the east side of "B" St. N.E. aka 308 "B" St. N.E. The Planning Commission recommended approval of this request because 0 it will be compatible with existing zoning on surrounding properties and will conform to our Comprehensive Land Use Plan and Central Business District Plan. Paul Morford, 21264 132nd Ave. S.E., Kent, partner in purchase of land, said Ur he was in partnership with a local physician and they plan to build a medical ` facility. Q No one else spoke for or against the request. It was moved by Larson, seconded by Flechsig, to close the public hearing. MOTION CARRIED 1 1 It was moved by Larson, seconded by Roegner, to approve the request of Reginald F. Burke to rezone from R-4 to C-1, Application 19-81, and instruct the City Attorney to draw up the necessary ordinance. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 5. SOUTHLAND CORPORATION - REZONE - 37TH ST. N.E. - APPLICATION 20-81 Mayor Kersey declared the public hearing open on the request of the Southland Corporation to rezone from C-1 (Light Commercial) to C-3 (Heavy Commercial) a parcel of land 28,750 sq. ft. in size lying at the northeast corner of 37th St. N.E. and Auburn Way North. The Planning Commission recommended approval of this request because it would provide the convenience needs of the new neighbor- hood to the east and it conforms to our Comprehensive Land Use Plan for highway oriented businesses. Consideration should be given to any requirements of the Public Works Department. Also that the possibility of a traffic control device be looked into for the intersection of 37th St. N.E. and Auburn Way North because of the extremely heavy traffic and the safety of pedestrians trying to cross Auburn Way North. Dick Schuler, real estate manager of the Southland Corp., said the reason for the request was so they could put in a single gas pump. They felt there was a need for additional facilities in this area. He noted there was no nearby residences which would be adversely affected. No one else spoke for or against the request. It was moved by Craig, seconded by Hitchcock, that the public hearing be closed. MOTION CARRIED It was moved by Craig, seconded by Flechsig, to approve the request of the Southland Corporation to rezone from C-1 to C-3, Application 20-81, and the City Attorney be instructed to draw up the necessary ordinance to include the recommendations of the Planning Commission and the Public Works Department, and further, that the Council considers it desirable to work with the Southland Corporation to resolve the access and egress and signal problems on 37th St. N.E. Lea asked if the Southland Corporation was willing to work out the traffic problems. -4- 326 UBURN. WASHINGTON MONDAY JULY 6, 1981 Schuler (Southland Corp.) stated they were not against sharing in the expense of the traffic signal, however, they felt it wouldn't be practical to bear the entire cost just for a single gas pump. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED AUDIENCE PARTICIPATION Jack Bereiter noted that Mrs. Patricia Smith was in the audience regarding a water and sewer agreement between Mrs. Smith and Mrs. Williams relating to the Green River Lair Condominiums and the Riverside Lift Station. He said he had been informed by Mrs. Smith she didn't have fee simple title to the property that it was a contract purchase. Mrs. Smith had indicated, however, she felt there would be no problems obtaining the seller6 signature. RESOLUTION 1230 - WATER/SEWER AGREEMENT - SMITH & WILLIAMS - GREEN RIVER LAIR CONDOS It was moved by Craig, seconded by Larson, that Resolution No. 1230, 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 WATER AND SEWER AGREEMENT BETWEEN PATRICIA ANN SMITH AND MARILYNS. WILLIAMS, RELATING TO THAT CERTAIN DEVELOP- MENT KNOWN AS GREEN RIVER LAIR CONDOMINIUMS AND THE RIVERSIDE LIFT STATION," be adopted with the stipulation both parties, seller and purchaser, sign and the resolution be amended to reflect the change. a ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED BID OPENINGS 1. Bids were opened June 17, 1981, 11:00 a.m., for the development of a geographical and statistical base upon which present and furture fire protection needs will be recommended. One bid from Fire Prot. Tech. was received. It was moved by Roegner, seconded by Flechsig, to table this bid for a recommendation from the Public Safety Committee. ' MOTION CARRIED 2, Bids were opened June 26, 1981, 11:00 a.m. for Sanitary Sewer Imp. 51, Contract No. 81-04. One bid from Arrow Electric Co., Inc, in the amount of $26,995.05 basic and $1,270.07 Alternate No. 1 was received. It was moved by Craig, seconded by Larson, to refer this bid to the Utility Committee. MOTION CARRIED CONSENT AGENDA It was moved by Roegner, seconded by Flechsig, to approve the consent agenda as indicated: Refer to the next regular meeting of the Planning Commission: 1, APPLICATION 23-81 - The request of Joyce Dinehart to rezone from Unclassified to R-4 (Multi -Family), property located on south side of 37th St. S.E. in 600-700 blocks. 2. APPLICATION 24-81 - The request of Lawrence Galloway to rezone from R-2 (Single Family) to R-4 (Multi -Family), property located on northwest corner of "I" and 24th St. N.E. 3• APPLICATION 25-81 - The request of Mathers Investments Inc. to rezone from Unclass ified to R-4 Multi -Family), property located on south side of 37th St. S.E. at the intersection of "M" St. S.E. 4. APPLICATION 26-81 - The request of Auburn Aerie #2298, Fraternal Order of Eagles for a Conditional Use Permit for a new lodge, property located on east side of 'N" St. S.E. in the 700 block. -5- AUBURN WASHINGTON MONDAY JULY 6 1981327 5. APPLICATION 27-81 - The request of Jay W. Kane to rezone from Unclassified to M-1 (Light Industrial), property located on the south side of 37th St. N.W. in 400 block. 6. APPLICATION P-10-81 - The request of Mathers Investments Inc. for approval of a preliminary plat known as Mathers North Auburn Industrial Park, property located oh northerly end of Western and Clay Streets N.W. between Valley Freeway and C.M., S.P. h P.R.R. right of way. As recommended by Public Works: 7. Authority to call for bids for Sdiewalk Imp. 86, "M" Street S.E. from south of SR 18 to 12th St. S.E. 8. Authority to call for bids for San. Sewer Imp. #52, 1981-82 sanitary sewer repair program. 9. Authority to call for bids for St. Imp. 228, 1981 local street improvement program. M 10. Authority to call for bids for L.I.D. 313, "C" St. N.W. from approximately 6th W N.W. to 15th St. N.W. 11. Authority to hold public hearing on assessment roll for L.I.D. 316, sidewalk construction on east side of Auburn Way North from 4th to 15th Streets N.E. Public hearing to be held Auburn 17, 1981, before the City Council. a Q MOTION CARRIED RECOMMENDATIONS Public Works: 1. It was moved by Lea, seconded by Hitchcock, to reject the bids received for construction of St. Imp. 231, "E" Street N.E. from approximately _900 ft. south of 22nd St. N.E. to 950 ft. of 22nd St. N.E. and authorize obtaining rebids or quotes on this project. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 2. It was moved by Lea, seconded by Flechsig, to approval Pay Estimate No. 3, final, to H 6 B Cement Finishing Co. for construction of L.I.D. 316, sidewalks on Auburn Way North, in the amount of $4,496.85. Contract Bid Amount $35,103.25 Total Amount Earned 40,806.60 (Incl. $4,060.66 retainage) (Contract exceeded bid amount due to providing driveways and extras as requested and paid for separately from the L.I.D.) { COUNCIL COMMITTEE REPORTS Public Safety Committee - Chairman Bob Roegner It was moved by Roegner, seconded by Kitchell, to approve the rental agreement between the City and King County to: -station a Paramedic Unit at the Auburn Fire Station and authorize the Mayor and City Clerk to sign the agreement. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED Planning S Community Development Committee - Chairman Lillian Kitchell - No report Utility Committee - Chairman Ron Craig - No report Airport Committee - Chairman Bud Larson - No report Municipal Building and Equipment Maintenance Committee - Chairman Lewis Hitchcock No report WE 321%BURN WASHINGTON MONDAY JULY 6. 1981 Finance Committee - Chairman Al Flechsig It was moved by Flechsig, seconded by Craig, to restore the $8,000 contained in the preliminary 1981 Budget for acquisition of a word processing system and authorize a call for bid. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED It was moved by Flechsig, seconded by Lea, to authorize the following inter -fund loans from the Current Expense Fund at a 12% annual interest rate, to December 31, 1981. L.I.D. 310 $ 2,000 L.I.D. 314 10,000 L.I.D. 315 7,000 L.I.D. 316 20,000 L.I.D. 317 10,000 L.I.D. 318 7,000 ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED It was moved by Flechsig, seconded by Craig, to authorize a call for bid for a new Cemetery pick-up truck with the stipulation the old vehicle not be driven on public highways. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED It was moved by Flechsig, seconded by Craig, to approve Claim Checks No. 3027 to 3353 in the amount of $368,061.68 and Payroll Checks No. 19230 to 19875 in the amount of $361,616.50. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED Street 6 Engineering Committee - Chairman John Lea - No report ORDINANCES AND RESOLUTIONS ' ORDINANCE NO. 3651 - D-L ENTERPRISES - REZONE - "M" ST. N.E. - APPL. 8-81 It was moved by Roegner, seconded by Larson, that Ordinance No. 3651, entitled, "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF A PARCEL OF LAND ON THE WEST SIDE OF "M" STREET S.E. IN THE 3300-3400 BLOCKS, WITHIN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION THEREOF FROM R-3 TO R-4," be introduced only. ROLL CALL VOTE: Councilmembers Roegner, Kitchell, Larson, Hitchcock, Flechsig and Lea voted YES. Councilmember Craig ABSTAINED. MOTION CARRIED ORDINANCE NO. 3652 - PUBLIC CONTRACTS AMENDMENT It was moved by Flechsig, seconded by Lea, that Ordinance No. 3652, entitled, "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CODIFIED CITY ORDINANCE 3.12.010 AND 3.12.020 RELATING TO PUBLIC CONTRACTS," be introduced and adopted. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED ORDINANCE NO. 3653 - 1981 BUDGET AMENDMENTS It was moved by Flechsig, seconded by Craig, that Ordinance No. 3653, entitled, "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY ORDINANCE NO. 3588 (PASSED DECEMBER 15, 1980), RELATING TO THE ADOPTION OF THE 1981 BUDGET FOR THE CITY OF AUBURN," be introduced and adopted. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED -7- AUBURN WASHINGTON MONDAY JULY 6, 1981 329 00 Q Q ORDINANCE NO. 3654 - FIRE ZONES It was moved by Roegner, seconded by Kitchell, that Ordinance No. 3654, entitled, "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, ADDING A NEW SECTION TO CHAPTER 10.36 OF THE CODIFIED ORDINANCES OF THE CITY OF AUBURN, (STOPPING, STANDING AND PARKING,) PROHIBITING PARKING IN DESIGNATED FIRE ZONES AND, IN ADDITION TO OTHER PENALTIES, AUTHORIZING SUCH ILLEGALLY PARKED VEHICLES TO BE IMMEDIATELY IMPOUNDED," be introduced and adopted. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED' RESOLUTION NO. 1229 - KING COUNTY ANIMAL CONTROL CONTRACT It was moved by Roegner, seconded by Kitchell, that Resolution No. 1229, 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 CHANGE ORDER BETWEEN THE CITY OF AUBURN AND KING COUNTY FOR THE PURPOSE OF ANIMAL CONTROL SERVICES (ORIGINAL AGREEMENT AUTHORIZED BY AUBURN CITY RESOLUTION NO. 1080 PASSED APRIL 7, 1980)," be adopted. ROLL CALL VOTE: t All Councilmembers voted YES MOTION CARRIED RESOLUTION NO. 1230 - WATER/SEWER AGREEMENT - SMITY 6 WILLIAMS - GREEN RIVER LAIR CONDOS Passed under Audience Participation. There being no further business to come before the Council, the meeting was adjourned at 9:26 p.m. ' Stanley 41 P. Kersey, Mayor Coralee A. McConnehey, City Clerk 1 i -8- 1