Loading...
HomeMy WebLinkAbout09-08-1981353 AUBURN WASHINGTON TUESDAY SEPTEMBER 8, 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 and Flechsig present. Councilmember. Lea excused. APPROVAL OF MINUTES It was moved by Hitchcock, seconded by Kitchell, to approve the Council Minutes of the August 17, 1981, meeting as mailed. MOTION CARRIED PUBLIC HEARINGS 1. LAWRENCE GALLOWAY - REZONE - 24TH & "I" STREETS S.E. - APPLICATION 24-81 Mayor Kersey declared the public hearing open on the request of Lawrence Calloway from R-2 (Single Family) to R-4 (Multi -Family) a parcel of land 12,400 sq. ft. 00 00 in size located at the northeast corner. of 24th and "I" Streets N.E. The Planning Commission recommends approval of this request because it does. conform to the Comprehensive Land Use Plan and consideration should be given Q to any requirements of the Public Works Department with strict adherence to the parking requirements. Q Lawrence Galloway stated the reason for the request was to allow him to remove an old building and build a new one. Robert Haugen, 2426 "I" Street N.E., said he was one of the petitioners who had given their objections at the Planning Commission hearing. He said some of their objections centered around inadequate streets, parking areas, fencing, and inadequate traffic indicators. He also wondered about notification of nearby residents stating there had been no notices mailed regarding the Council's ' hearing. He said notice of the hearing had only been posted on one telephone pole. Richard Lockhart, 2410 "I" Street N.E., also spoke in opposition to the request stating he felt it wasn't proper to put a building on this property because of inadequate streets. It was moved by Larson, seconded by Hitchcock, to close the public hearing. MOTION CARRIED UNANIMOUSLY Hitchcock noted there was a problem with improvements in the area of the request. He said he felt they had neglected this area by not making improvements. He wondered how this was going to be handled. Lynn Rued responded each request was considered on its own merits. Pat Nevins added as rezones come in and applicants agree to a L.I.D eventually they will get improvements. Larson asked if area was surrounded by R-2. Rued stated the immediate land adjacent to the property was R-2 and a little further it was substantially R-4. Roegner asked the department rationale for recommending R-4 since the nearby area was R-2. Rued said it would be a transitional area because of the other R-41s. He added that because of the Comprehensive Land Use Plan it was expected that all the area would go R-4. Roegner asked for further clarification on the number of units which could be put on the property. Rued stated he doubted with the yard setback and off-street parking requirements the petitioner could get four units under the single story restriction. Roegner asked Nevins if he had a feel for the traffic count in the area and what impact replacing two units with four would have. Nevins said he had none. Craig said he felt there was a real danger in approving a R=4 in the middle of R-2's. He thought if an R-4 was approved it could set a precedent. Craig added if the application was for a duplex he would consider it transitional. He thought a R-4 would be a mistake because this area hadn't been handled consistently. -1- 354 AUBURN WASHINGTON TUESDAY SEP'1'EMBI?K 8i 1981 Hitchcock noted there were several brick homes in the area which would probably not go R-4. He asked why the applicant petitioned for R-4 rather than a duplex? Rued answered it was what they originally applied for. Galloway explained it was a corner lot and a very old dwelling. He noted there were four-plexes within several hundred feet on three sides of the property. He added he had made a concession to limit the building to a single story and he felt a four-plex was not out of keeping with uses and beauty of the area. He said he had agreed to also put in a fence and because of the yard set back and other items it may be he could only go to a tri-plex anyway. Roegner asked if he had any interest in a duplex. Galloway explained it was not economically feasible. Craig noted there was nothing in the zoning ordinance which required fencing, etc. He felt if it came back to the Council as a conditional use permit the City would be protected should there be a change of ownershir. It was moved by Hitchcock, seconded by Craig, to deny the request of Lawrence Galloway to rezone from R-2 to R-4, Application 24-81.. Roegner asked if maybe some negotiations could take place and asked that the motion be tabled rather than denied. This would save the petitioner having to wait six months. It was moved by Roegner, seconded by Larson, to amend the previous motion that if the applicant was able to come up with a successful compromiseand brought to the City and discussed with the neighbors that the six months waiting period be waived. ROLL CALL VOTE ON AMENDMENT: MOTION CARRIED UNANIMOUSLY VOICE VOTE ON MOTION AS AMENDED: MOTION CARRIED UNANIMOUSLY Galloway said he wasn't able to understand how the Council could deny the request when the Comprehensive Land Use Plan permitted it and there were other multi -family units in the area. , 2. MATHERS INVESTMENT INC. - REZONE - 37TI1 STREET S.E. - APPLICATION 25-83, Mayor Kersey declared a public hearing open on the request of Mathers Investment Inc. to rezone from Unclassified to R-4 (Multi -Family) a parcel of land 1.23 acres in size lying on the south side of 37th St. S.E. just east of "M" Street extended. The Planning Commission recommends denial of the R-4 (Multi -Family) zoning and the granting of an R-3 (Duplex) zoning to provide a transitional zone between the multi -family zoning to the west and the single family zoning to the east. Consideration should be given to any requirements of the Public Works Department and to the dedication of the necessary right of way for 37th Street S.E. Randall Parson, Sadler Bernard 5 Assoc., Inc., 31218 Pacific Highway South, Federal Way, representing Mathers Investment Inc., said they were in concurrence with the Planning Commission's suggestions. No one else spoke for or against the request. It was moved by Flechsig, seconded by Hitchcock, to close the public hearing. MOTION CARRIED UNANIMOUSLY It was moved by Craig, seconded by Roegner, to deny the R-4 rezone request of Mathers Investment Inc. in accordance with the Planning Commission recommendation. MOTION CARRIED UNANIMOUSLY It was moved by Craig, seconded by Larson, to grant a R-3 rezone to Mathers Investment Inc., Application 25-81, and instruct the City Attorney to draw up the necessary ordinance to include the recommendations of the Planning Commission and Public Works Department. MOTION CARRIED UNANIMOUSLY 3. JAY W. KANE - REZONE - 37TH STREET N.W. - APPLICATION 27-81 Mayor Kersey declared the public hearing open on the request of Jay W. Kane to -2- 355 AUBURN WASHINGTON TUESDAY SEPTEMBER 8, 1981 rezone from Unclassified to M-1 (Light Industrial) a parcel of land 1.5 acres in size lying on the south side of 37th Street N.W. in the 400 block. The Planning Commission recommends approval of this request because it will conform with the Comprehensive Land Use Plan and will conform to existing zoning on adjoining properties. Jay Kane, 20427 N.E. 162nd St., Woodinville, owner of the property, said he felt this rezone would conform with the adjoining property. It was moved by Hitchcock, seconded by Flechsig, to close the public hearing. MOTION CARRIED UNANIMOUSLY It was moved by Hitchcock, seconded by Larson, that the request of Jay W. Kane to rezone from Unclassified to M-1, Application 27-81, be approved and the City Attorney instructed to draw up the necessary-rdinance to include any recommendations of the Public Works Department. MOTION CARRIED UNANIMOUSLY 4. AIRPORT HEIGHT RESTRICTIONS 00 Mayor Kersey declared the public hearing open on amendments to Chapter 18.40 of the Auburn City Code (Airport Zoning Ordinance) to update our present regulations to meet the Federal Aviation Administration requirements. (� The Planning Commission recommends approval of the amendment to Section 18.40 Q of the Auburn Zoning Ordinance No. 1702 relating to height restrictions Q creating new sections: 18.40.460 - Approach Surface 18.40.070 - Transitional Surface 18.40.080 - Horizontal Surface 18.40.090 - Conical Surface 18.40.110 - Height Limitations - Non -Instrument Approach Surface. 18.40.140 - Height Limitations - Conical Surface. 18.40.190 - Structure and Use Permit ' No one in the audience spoke for or against the request. It was moved by Larson, seconded by Hitchcock, to close the public hearing. MOTION CARRIED UNANIMOUSLY It was moved by Larson, seconded by Kitchell, to approve the amendments to Section 18.40 of the Auburn Zoning Ordinance No. 1702 as recommended by the Planning Commission. MOTION CARRIED UNANIMOUSLY 5. WARTER•ANNEXATION - 2.38 ACRES - N.E. CORNER OF 4TH AND "R" STREET N.E. Mayor Kersey declared the public hearing open on the request for annexation of 2.38 acres located on the northeast corner of 4th and "R" Streets N.E. Lenes Rasmussen, 1615 4th Street N.E., spoke in favor of the annexation. No one else spoke for or against the annexation. It was moved by Craig, seconded by Larson, to close the public hearing. MOTION CARRIED UNANIMOUSLY It was moved by Larson, seconded by Hitchcock, to authorize the Planning Department to forward the request for annexation to the King County Review Board for their review. MOTION CARRIED UNANIMOUSLY CORRESPONDENCE The City Clerk read a letter from Dick Causey,Manager, Land Planning, Puget Power dated August 27, 1981, requesting reconsideration of Conditional Use Permit request No. 21-81. It was moved by Hitchcock, seconded by Flechsig, to reopen the request for further discussion. Craig pointed out the matter had been referred the Planning 6 Community Development Committee for discussion and that he felt it would be proper to discuss the issue -3- 356 AUBURN WASHINGTON T.UESDAY SEPTEMBER 8, 1981 before the Committee rather than short circuit the process. Hitchcock and Flechsig withdrew the motion and second. BID OPENINGS L.I.D. 320 - WATER MAIN - 37TH STREET N.W. Bids were opened at 11:00 a.m., September 1, 1981, for L.I.D. 320, Contract 81-15, The following bids were received: Robison Construction Co. $144,214.34 Archer Construction Inc. 166,037.41 Kar-Vel Const. Inc. '66,512.71 Spartan Contractors, Inc. 167,177.84 DiOrio Construction Co. 168,294.82 Renton Const. Co., Inc. 188,314.23 Solie Const. Co., Inc. 190,640.14 Frank Coluccio Const. Co., Inc. 197,290.78 Schwicht Const. Inc. 208,317.83 Valley Cement Const. Inc. 229,547.76 The Public Works Department recomends L.I.D. 320, Contract 81-15, construction of a 12 inch water line and appurtenances on 37th Street N.W., Contract No. 81-15, be awarded to Robison Construction Co., Inc. on their low bid of $136,825.75 plus Washington State Sales Tax of $7,388.59 for a total of $144,214.34. It was moved by Craig, seconded by Kitchell, to award Contract No. 81-15, L.I.D. 320, to Robison Construction Co., Inc. on their low bid of $136,825.75 plus Washington State Sales Tax of $7,388.59 for a total of $144,214.34. MOTION CARRIED UNANIMOUSLY 1 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. APPLICATION 31-81 - The request of Betty Ladd to rezone from R-4 (Multi - Family) to C-2 (Central Business District), property located at 405 1st Street N.E. Public Works recommendation: 2. Change Order No. 1 to Contract 81-08, Schedule K, Water Imp. No. 138, Test Well, to Richardson Well Drilling, for 14 day time extention only. Police Department recommendation: 3. Approval for police officers yet to be named to attend a two-day Crime Investiga- tion Seminar at Lincoln City, Oregon on September 17, 1981. MOTION CARRIED UNANIMOUSLY RECOMMENDATIONS Public Works: 1. It was moved by Craig, seconded by Larson, that Pay Estimate No. 1 to Frank Coluccio Construction for Contract 80-10, L.I.D. 318, sanitary sewer on 37th Street N.E./N.W. in the amount of $127,155.52. Contract Amount $374,848.78 Earned to Date 138,736.97 (Incl. $11,581.45 retainage) MOTION CARRIED UNANIMOUSLY -4- 357 AUBURN WASHINGTON TUESDAY SEPTEMBER 8, 1981 2. It was moved by Craig, seconded by Kitchell, that Pay Estimate No. 1 to City Transfer of Kent, Inc., for Contract 81-12, L.I.D. 317, street improvements on West Valley Highway in the amount of $25,953.64. Contract Amount Earned to Date $795,438.00 28,770.32 (Incl. $2,816.68 retainage) MOTION CARRIED UNANIMOUSLY 3. It was moved by Craig, seconded by Larson, that Pay Estimate No. 2 to Armstrong Drilling Co., Inc, for Contract 81-07, Water Imp. No. 137, test and observation wells in the amount of $5,829.65. Contract Amount $ 92,091.11 Earned to Date 19,954.85 (Incl. $1,893.25 retainage) MOTION CARRIED UNANIMOUSLY 4. It was moved by Craig, seconded by Larson, that Change Order No. 81-07, Schedules 00 A-J, Water Imp. 137, to Armstrong Drilling Company, for increase to Schedules I, 11 L and M in the amount of $34,544.00 plus Washington State Sales Tax and a 30 I' day time extention. 0 MOTION CARRIED UNANIMOUSLY a Q 5. It was moved by Craig, seconded by Larson, that Contract 81,-07, Water Imp. No. 138, Schedule K, Test Well, be accepted by the City as complete and Pay Estimate No. 1, final, to Richardson Well Drilling, in the amount of $14,472.66 be approved for payment and:'the retained percentage amounting to $1,517.05 be paid in thirty days .provided no liens or.claims are filed and clearance is secured from the Department of Labor and Industries. Contract Amount $ 30,486.95 Earned to Date 15,989.71 (Incl. $1,517.05 retainage) ' MOTION CARRIED UNANIMOUSLY COUNCIL COMMITTEE REPORTS Street & Engineering Committee - Vice -Chairman Bob Roegner - Minutes are of public record. Public Safety Committee - Chairman Bob Roegner It was moved by Roegner, seconded by Kitchell to award the contract for the fire station location study to Fire Technology, Inc. for 160 hours of project services for a sum not to exceed $5,000 and pursuant to the recommended plan schedule. MOTION CARRIED UNANIMOUSLY It was moved by Roegner, seconded by Kitchell, to approve an Amusement Device License to William Masterman. MOTION CARRIED UNANIMOUSLY It was moved by Roegner, seconded by Kitchell to approve a Cabaret license to Paul Pazzella of the Eagles Nest Restaurant. MOTION CARRIED UNANIMOUSLY Planning & Community Development Committee - Chairman Lillian Kitchell - No report Utility Committee - Chairman Ron Craig - Minutes are of public record, Airport Committee - Chairman Bud Larson It was moved by Larson, seconded by Hitchcock, to authorize the Mayor to accept the $5,669.00 from the F.A.A. which were monies remaining from the settlement of the avigation easement. MOTION CARRIED UNANIMOUSLY -5- 358 AUBURN WASHINGTON TUESDAY SEPTEMBER 8, 1981 Municipal Building 6 Equipment Maintenance Committee - Chairman Lewis Hitchcock - No report. It was moved by Hitchcock, seconded by Larson, to authorize negotiations for the fee for the conceptual drawing phase of the expansion of the library with Dennis Neifert and Associates of Kent. MOTION CARRIED UNANIMOUSLY It was moved by Hitchcock, seconded by Larson, to approve Alternate No. 1 for the parking lot north of City Hall for the estimated cost of $7,208.40. MOTION CARRIED UNANIMOUSLY Finance Committee - Chairman Al Flechsig It was moved by Flechsig, seconded by Craig, that clai.,�s checks #4394 through #4640 in the amount of $427,605.50 and payroll checks #22349 through #22663 in the amount of $255,756.09 be approved. MOTION CARRIED UNANIMOUSLY Itwas moved by Flechsig, seconded by Craig, that the following interfund loans be approved: Fund 714; $20,000 Fund 715: 20,000 From Fund 440 @ 12% to 12/31/81 Fund 718: 5,000 Fund 720: 5,000 MOTION CARRIED UNANIMOUSLY It was moved by Flechsig, seconded by Craig, that Pam Pedersen be authorized to attend an IMOS V Operating System class in Portland, Oregon. MOTION CARRIED UNANIMOUSLY OLD BUSINESS ' ORDINANCE NO. 3671 - AUBURN AERIE #2298 FOE - CUP AMENDMENT FOR NEW LODGE - "M" ST. S.E. - APPLICATION 26-81 Mayor Kersey noted with the absence of Councilmember John Lea and counting those members of the Council who were Eagles members there was not a quorum of the Council. He asked Jack Bereiter for his opinion. Bereiter responded he had researched the matter and although under the Doctrine of Appearance of Fairness those Councilmembers who were Eagles members would have to abstain;in a situation such as confronted the Council in the lack of a quorum he would submit the Doctrine of Necessity would properly allow Eagles members to vote. Mayor Kersey asked William Wilcox, representative of the Eagles, if there would be problems if the matter was delayed. Wilcox replied the building they are in presently had been sold and it is costing them $1000.00 a month to stay in it. He asked if some action couldn't be taken. Mayor Kersey asked Wilcox if he had heard of any objections to the proposed new building. Wilcox stated he had never heard of any opposition. Flechsig asked if the 20 foot landscaping area had been resolved. Chief Will Spencer responded that it had. It was moved by Flechsig, seconded by Craig, that Ordinance No. 3671, entitled, "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY ORDINANCE NO. 2826 (PASSED JULY 15, 1974) REQUESTING AN AMENDMENT TO AN EXISTING CONDITIONAL USE PERMIT ON A PARCEL OF LAND LOCATED ON THE EAST SIDE OF "M" STREET S.E. IN THE 700 BLOCK, WITHIN THE CITY OF AUBURN, WASHINGTON," be introduced and adopted and, further, implicit in the motion that the three members of the Auburn Eagles and the Mayor who ordinarily might be disqualified from considering this matter under the Doctrine of Appearance of Fairness are found to be eligible to consider this matter under the Doctrine of Necessity to obtain a majority vote of the seven member Council either for or against the motion to adopt the ordinance. ROLL CALL VOTE: MOTION CARRIED UNANIMOUSLY -6- 359 AUBURN WASHINGTON TUESDAY SEPTEMBER 8, 1981 Craig noted for the record that the four Councilmembers who were not members of the Eagles did vote in the affirmative for approval of the request for an amended Conditional Use Permit. It was moved by Larson, seconded by Craig, that due to economic, hardships and delays involved in this application not caused by the applicant herein, there is herewith declared a public emergency necessary for the protection of public, public safety, public property and public peace, and upon its passage by a majority plus one of the whole membership of the Auburn City Council, this Ordinance shall be immediately effective. MOTION CARRIED UNANIMOUSLY NEW BUSINESS It was moved by Roegner, seconded by Craig, to authorize pay estimates, utility bill adjustments under $100.00 and call for bids %to be included as items under the consent agenda. MOTION CARRIED UNANIMOUSLY 00 ORDINANCES AND RESOLUTIONS Iq ORDINANCE NO. 3635 - PUBLIC IMPROVEMENTS Q It was moved by Roegner, seconded by Hitchcock, that Ordinance No. 3635, entitled, "AN Q ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REASONABLE PUBLIC IMPROVEMENTS DIRECTLY ASSOCIATED WITH CONSTRUCTION WITHIN THE CITY OF AUBURN; AND REPEALING ORDINANCE 12.12.130 THROUGH 12.12,240 OF THE CITY OF AUBURN," be introduced and adopted. MOTION CARRIED UNANIMOUSLY ORDINANCE NO. 3675 - FINAL ASSESSMENT ROLL - L.I.D. 300 'It was moved by Craig, seconded by Larson, that Ordinance No. 3675, entitled, "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, APPROVING AND CONFIRMING THE ASSESSMENTS AND ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 300, WHICH DISTRICT HAS BEEN CREATED AND ESTABLISHED PROVIDING FOR THE CONSTRUCTION OF OF AN 8 INCH SANITARY SEWER ,,,AND APPURTENANCES ON WESTERN AVENUE BETWEEN WEST MAIN STREET AND A POINT APPROXIMATELY 1300 FEET NORTH OF WEST MAIN STREET, INSIDE THE CORPORATE LIMITS OF THE CITY OF AUBURN, AS PROVIDED BY ORDINANCE NO. 3318, OF THE CITY OF AUBURN, AND LEVYING AND ASSESSING THE AMOUNT THEREOF AGAINST THE SEVERAL LOTS, TRACTS, PARCELS OF LAND AND OTHER PROPERTY UPON SAID ROLL," be introduced and adopted. MOTION CARRIED UNANIMOUSLY ORDINANCE NO. 3676 - FINAL ASSESSMENT ROLL - L.I.D. 316 It was moved by Hitchcock, seconded by Kitchell, that Ordinance No. 3676, entitled, "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, APPROVING AND CONFIRMING THE ASSESSMENTS AND ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 316, WHICH DISTRICT HAS BEEN CREATED AND ESTABLISHED PROVIDING FOR THE CONSTRUCTION AND INSTALLATION OF CEMENT CONCRETE SIDEWALKS ON THE EAST SIDE OF AUBURN WAY NORTH BETWEEN 4TH STREET NORTHEAST AND 15TH STREET NORTHEAST, INSIDE THE CORPORATE LIMITS OF THE CITY OF AUBURN, AS PROVIDED BY ORDINANCE NO. 3554, OF THE CITY OF AUBURN, AND LEVYING AND ASSESSING THE AMOUNT THEREOF AGAINST THE SEVERAL LOTS, TRACTS, PARCELS OF LAND•AND OTHER PROPERTY UPON SAID ROLL," be introduced and adopted. MOTION CARRIED UNANIMOUSLY ORDINANCE NO. 3677 - COUNCILMEMBER COMPENSATION It was moved by Flechsig, seconded by Craig, that Ordinance No. 3677, entitled, "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, REPEALING AUBURN CODIFIED CITY ORDINANCE 2.51.020 RELATING TO COUNCILMEN'S COMPENSATION AND CREATING A NEW CHAPTER 2.51,020," be introduced and adopted. MOTION CARRIED UNANIMOUSLY ORDINANCE NO. 3678 - CEMETERY PETTY CASH FUND It was moved by Flechsig, seconded by Craig, that Ordinance No. 3678, entitled, "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, ADDING A NEW SUB SECTION TO AUBURN =7- 360 AUBURN, WASHINGTON TUESDAY S]iP7EMBER 8, 1981 BETWEEN THE CITY OF AUBURN AND TOWNSEND-CHASTAIN 6 ASSOCIATES, INC., FOR LUND ROAD SANITARY SEWER L.I.D.," be adopted. MOTION CARRIED UNANIMOUSLY EXECUTIVE SESSION' There being no further regular business to come before the Council, the meeting was adjourned to an executive session at 9:40 p.m. to discuss litigation, negotiations and salary survey. RECONVENEMENT The Council reconvened to regular session at 10:18 p.m. It was moved by Flechsig, seconded by Larson, that the Mayor be authorized to sign the Police Lieutenant's union contract for two years as presented by the Personnel Officer. MOTION CARRIED UNANIMOUSLY It was moved by Hitchcock, seconded by Kitchell, that in reviewing the salary survey as corrections are found to be necessary with the approval of the Council that it would be retroactive to September 15, 1981. MOTION CARRIED UNANIMOUSLY ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:21 p.m. 6WA�d Z l/YiW Stanley P. ersey, Mayor Coralee A. McCormehey, City Clerk ME 1 1