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HomeMy WebLinkAbout10-05-1981366 AUBURN WASHINGTON MONDAY OCTOBER 52 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 Council. Minutes of the September 21, 1981, meeting as published. MOTION CARRIEll UNANIMOUSLY PUBLIC HEARINGS 1. JOHNSON & CRANE REZONE - 1ST AND "E" STREET N.E. - APPLICATION 28-81 Mayor Kersey declared the public hearing open on the request of Zane Johnson and Ernest and Susan Crane to rezone from R-4 (Multi -Family) to C-2 (Central Business District) a parcel of land 5497 sq. ft. in size located on the north- west corner of 1st and "E" Street N.E. The Planning Commission recommended approval of the request because it would conform to the Comprehensive Land Use Plan and the Business District Development Plan. Consideration should be given to any requirements of the Public Works Department. Ernest Crane, co -petitioner for the rezone, was in the audience to answer any questions. He noted there had been no opposition to the request. No one else 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 Hitchcock, seconded Flechsig, to approve the request of Zane Johnson and Ernest and Susan Crane to rezone from R-4 to C 2, Application 28 81, and the City Attorney be instructed to draw up the necessary ordinance to include the recommendations of the Planning Commission. MOTION CARRIED UNANIMOUSLY 2. RAMIREZ REZONE - "M" STREET S.E. - APPLICATION 29-81 Mayor Kersey declared the public hearing open on the request of Efren Ramirez to rezone from R-2 (Single Family) to R-4 (Multi -Family) a parcel of land .89 acres in size lying on the west side of "M" Street in the 3100 block. The Planning Commission recommended approval of the request because it would conform to the Comprehensive Land Use Plan and would be compatible with a majority of the uses on surrounding properties. Consideration should be given to any requirements of the Public Works Department. James Richardson, Cavness Engineers, representing Mr. Ramirez, was in the audience 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 UNANIMOUSLY Craig asked if the R-4 was consistent with the Comprehensive Plan since the map looked like there was a lot of R-2 zoning across from 'Ti" Street. Schuler responded the Comprehensive Land Use Plan designated this area as future R-4 zoning. Lea asked if on 29th going south the property adjacent to the proposed zone was now R-2. Schuler said yes they were developed as single family; they're older homes. Lea asked how this would differ from spot zoning. Schuler replied spot zoning would be in a situation where you put an industrial use in a residential area, however, this request is consistent with the Comprehensive Land Use Plan. -1- 1 '. 1 367 AUBURN, WASHINGTON MONDAY _ OCTOBER 5� 1981 Lea wasn't sure it was appropriate planning. Schuler stated this property was bound on three sides by existing family uses. It was moved by Larson, seconded by Roegner, to grant the request of Efren Ramirez to rezone from R-2 to R-4, Application 29-81, and instruct the City Attorney to draw up the necessary ordinance to include the recommendations of the Planning Commission. VOICE VOTE: Councilmembers Larson, Flechsi_g, Roegner, Kitchell and Craig voted YES. Counci.l.members Hitchcock and Lea voted NO. MOTION CARRIED 3. TRANS-CANADA ENTERPRISES, LTD. CEDAR DOWNS SOUTH REVISED PRELIMINARY PLAT - APPLICATION P-7-81 Mayor Kersey declared the public hearing open on the request of Trans -Canada Enterprises, Ltd. for approval of a revised preliminary plat of Cedar Downs South located on a tract of land 69 acres in size located on the south side of co Stuck River Drive approximately one-half mile east of "R" Street S.E. 44 Commission Planning Conission recommended approval of the preliminary plat of Cedar Downs South because it would be in the best interests and use of the public 0 and the proposed use would conform to the ekisting zoning. This approval to Q be subject to the following conditions: (1) On the final platall lots shall Q meet the minimum requirements of our Subdivision and Zoning Ordinances, (2) Lot 17 shall be eliminated or redesigned to provide an average depth of 100 feet, (3) A street opening shall be provided to Tract "A" in the vicinity of Lot 43 or 58 to provide access to this undeveloped area, (4) A State Flood Control Zone Permit shall be obtained before the preliminary plat wasapproved by the City Council. Further, that after the preliminary plat was approved, that the owner/engineer submit the plans and specifications for all the public improve- ments to the Public Works Department for their approval prior to performing any work on the final plat. Mayor Kersey noted a memo had been received from George Schuler indi.cati.ng the State Flood Control. Permit had been issued. Dave Millard, Land Planning and Management, representing Trans -Canada Enterprises, Ltd., stated they were in concurrence with the Planning Commission recommendations. He explained the steps they had taken to cotlform to the recommendations. Richard Reich, attorney for the Muckleshoot Indian Tribe, 39015 172nd Avenue S.E., gave the reasons the Tribe opposed the plat. Included in their reasons for opposition were: (1) Plat did not provide sufficient open space or recreational areas, (2) Plat did not provide storage area for recreational vehicles and boats, (3) Concern there was not sufficient buffer between the slope and lots, (4) Not sufficient data on utility services to show the public interests have,been addressed, (5) Have some doubts about the State Flood Control Zone, (6) Not enough open space because of use of creek border. Dave Millard responded to some of the issues raised by Mr. Reich. lie thought Trans -Canada had been generous in providing open space and had allowed for more than 30 acres in the area. He said the reason there was no recreational vehicle storage was because this was a subdivision not a mobile home park. He said the vehicles and boats could be stored in the many warehouse storage areas. He added a geo-tech engineer would provide consultation on the final project to make sure the lots were far enough back from the slope. It was moved by Hitchcock, seconded by Larson, to close the public hearing. MOTION CARRIED UNANIMOUSLY Hitchcock asked if the Chief of Police's comment about access had been addressed. Schuler responded a statement on the plat indicated Lot 46 had been reserved for access. Craig noted a previous request from the Muckl2shoot Indian Tribe to disqualify himself. He explained his feelings about the firecracker stands and sale of -2- 368 AUBURN WASHINGTON MONDAY OCTOBER 5, 1.981 fireworks to minors. His comments regarding the Muckleshoot Indian Tribe's apparent double standard had been made because of the Tribe's impassionate plea to deny the rezone because of concern over public safety. Craig asked Schuler about recreational vehicle storage. Schuler replied this development was like a single family plat except they would be putting mobile homes on the lots. The ordinances would be the same as single family lots. Craig also wondered what guarantee the City had on the grading of the slope. Schuler stated there were only a few lots which would be graded. Most of the area was to be left natural since they were unusable. Craig noted the utilities still required some work. However, before the final. plat could be approved the matter would have to go through committees and staff which would see ordinances were complied wi'-.i. Flechsig asked if the lawsuit Reich mentioned would make it wise to delay action. Berei.ter responded he didn't think there was any correlation between the two and the request before the Council should be considered on its own merits. It was moved by Larson, seconded by Kitchell, to grant the request of Trans- Canada, Enterprises, Ltd. for approval of the Cedar Downs South revised preliminary plat, Application P-7-81, to include the recommendations in, George Schuler's 10/5/81 memo, and the recommendations of the Planning Commission with the exclusion of Item 4, and further include the recommendations of the Public Works Department. VOICE VOTE; Councilmembers Larson, Hitchcock, Lea, Roegner, Kitchell and Craig voted YES. Councilmember Flechsig voted NO. (Verbatum transcript available on this hearing) MOTION CARRIED AUDIENCE PARTICIPATION William Bailey, 1605 - 3rd Street, Auburn, asked the Council a number of questions including; handicapped persons access to City Hall, an unanswered letter he had writte requesting information, City of Auburn surplus monies, salaries of staff, staffing of police and fire, total budget alloted to police and fire, Burlington Northern employee transfers and layoffs, Stuck River silt build up, possible chemical spills, employees living out of town and Auburn's 1981 budget for the salary survey. Mayor Kersey responded to Mr. Bailey's questions. L.I.D. 321 PROTEST Tom Fitzpatrick, representing International Transport, spoke in opposition to Ordinance No. 3685 before the Council later in the meeting. He said their opposition was based on the mode of assessment used since they would not benefitfrom the L.I.D. lie urged the Council not to adopt the ordinance. HARNESS RACING Daniel P. Morriseau, 2616 Alpine, spoke in opposition to the City's possible sale of the sewer lagoon property for use as a harness race track. He said his concern was that of the intensification of the land use into high density, multi -family, uses. He felt there would be strains on public services such as police and fire and schools. He express concern also over the type of social costs the community would encounter and the kind of people the track would attract. Robert Delliger, Kent, spoke in favor of the harness track. He said the people involved in harness racing were not bad people and his family had been in harness racing for years. He stated the income could provide police and fire monies. He noted the location had convenience to the highway and other positive attractions. Delliger felt for a relative low price the City would derive good benefits. He said he realized it would take courage to accept the proposal and he hoped the City would take the challenge. CONSENT AGENDA It was moved by Roegner, seconded by Kitchell, to approve the consent agenda as -3- WASHINGTON l01111 X4 369 OCPOBEle 5. 1981 00 Iq qq 0 Q Q 1 indicated: Refer to the next regular meeting of the Planning Commission: 1. APPLICATION 33-81 - The request of Earl W. Torgerson to rezone from R-4 (Multi - Family) to C-2 (Central Business District), property located at 401. 1st Street N.E. Call for a public hearing before the Council at its October 19, 1981 meeting: 2. "A" STREET.' ANNEXATION - The request for annexation of. ,78 acres lying on the northeast corner of 31st and "A" Street S.E. 3. BLOCK GRANT PROGRAM - Public hearing to decide which projects are to be funded from the Community Block Grant Program for 1982-1983 program year. Instruct the City Attorney to draw up a resolution calling for a public hearing: 4. APPLICATION V-6-81 - The request of M. Muir ti S. Elliot for vacation of street right of way of the east 400' of that portion of 29th N.W. lying between the West Valley Highway and SR 167. Public Works recommendations: 5. Pay Estimate No. 1 to Klokstad Cement Construction for Contract No. 81-14, St. Imp. No. 232 City Parking lot, in the amount of $14,635.17. Contract Amount Earned to Date $27,743.50 16,261.30 (Intl.. $1,626.13 retainage) 6. Pay Estimate No. 1 to Chad Construction Company for Contract No. 81-13, Sanitary Sewer Improvement No. 52, various sanitary sewer repairs, in the amount•, of $12,617.67. Contract Amount Earned to Date $153,506.40 13,940.28 (Intl. $1.,322.61 ret:ainago) 7. Pay Estimate No. 1 to Universal Utilities for Contract No. 81-01, L.I.D. No. 31.4, sanitary sewers West Valley Highway, in the amount of $72,590.81. Contract Amount Earned to Date $503,527.42 80,199.91 (Intl. $7,609.10 retainage) 8. Pay Estimate No. 1 to Klokstad Cement Construction for Contract No. 81-10, St. Imp. No. 228, various street improvements in the amount of $28,130.15. Contract Amount $106,374.55 Earned to Date 31,257.72 (Intl. $3,127.57 retainage) 9. Pay Estimate No. 2 to Frank Coluccio Construction Company for Contract No. 80-10, L.I.D. 318, Sanitary Sewers 37th N.E./N.W., in the amount of $93,512.59. Contract Amount Earned to Date $394,565.78 236,906.59 (Intl. $16,238.45 retainage) 1.0. Pay Estimate No. 2 to City Transfer of Kent, Inc. for Contract No. 81-12, L.I.D. 317, construction of West Valley Highway, in the amount of $122,635.46. Contract Amount $795,438.00 Earned to Date 161,598.73 (Intl. $.13,009.63 retainage) 11. Pay Estimate No. 3 to Armstrong Drilling Inc. for Contract No. 81-07, Test Well, Water Imp. No. 137, in the amount of $30,704.49. Contract Amount Earned to Date $138,935.09 53,877.85 (Intl.. $5,111.75 retainage) 12. Utility adjustment to Acct. No. 320-5710, 115 East Main Street, due to the sanitary side sewer being repaired and that the account be charged a minimum for the period of time that the side sewer was being repaired. -4- MOTION CARRIED UNANIMOUSLY 3'70 AUBURN WASHINGTON MONDAY OCTOBER 5, 1981 PROCLAMATIONS APPOINTMENTS AND ANNOUNCEMENTS Mayor Kersey noted he had received a request from the 911 Enhanced Committee asking for the Council to voice its support on the upcoming ballot. Hitchcock suggested the Council should not use its influence to direct the decisions of the citizens. The Council took no action. COUNCIL COMMITTEE REPORTS Public Safety Committee - Chairman Bob Roegner It was moved by Roegner, seconded by Kitchell, to authorize out-of-state travel for Robert Phillips to attend the Oregon -Washington Law Enforcement Association meetings in Oregon to permit him to accept the position of Vice President. MOTION CARRIED UNANIMOUSLY It was moved by Roegner, seconded by Kitchell, to endorse the six recommendations of the Citizens Committee under Police and Community recommendations. Flechsig asked in view of the litigation if this action was advisable. Bereiter responded he didn't think it would affect litigation. Roegner said most of the recommendations were existing policies, however, he felt this action would be a reaffirmation of the City's position. Lea expressed a concern this matter was being done piecemeal. Mayor Kersey said he had met with the Committee and he felt they had come to some understanding of the problems and the concerns of the City. He said he felt the had gone away happy with the City's working on the matter. MOTION CARRIED UNANIMOUSLY Planning & Community Development Committee - Chairman Lillian Kitchell. - No report Utility Committee - Chairman Ron Craig Craig reported the the Council's review at the Utility Committee meeting before the Council meeting of the proposals received on sale of the sewer lagoon property. He said the Council's criteria for sale of the property included two things: (I) a means to keep future water/sewer rates to a minimum and (2) the proposal which would bring the most positive economic impact to the City's general fund. He said it was the Utility Committee's recommendation to instruct the City Attorney to draw up an agreement between the City of Auburn and the Washington State Harness Association for sale of the sewer lagoon property for $2.4 million with a $300,000 down payment at 11.5% interest for 30 years. He said they also recommended the following stipulations: (1) The EIS acceptance would be the time line for close of the sale of the property, (2) An engineer evaluation, paid by the buyers, must be done relative to the necessary fill and feasibility, (3) Must have approval of the State Racing Commission. He added with the stipulations the buyer would have to put down $25,000 earnest money. Also, if the buyer should decide to put in another use other than the harness racing the City would have the option of reviewing the use. He said the negotiations on the land fill could affect the price but at the present time there just was not enough data. He also noted the resolution for the agreement would go through the Utility Committee and then back to the Council for action. It was moved by Craig, seconded by Larson, to instruct the City Attorney to draft the necessary purchase agreement between the City of Auburn and the Washington State Harness Association to sell the surplus sewer lagoon property with the terms and stipulations as discussed. MOTION CARRIED UNANIMOUSLY Lea asked if this meant there would no longer be negotiations with any others. -5- 1 1 1 AUBURN. WASHINGTON 371 OCTOBER 5, 1981 Craig said I.ea was correct. L.I.D. 321 Craig noted that the protest by International Transport had been registered at the public hearing. He asked Schuler to further explain the assessment procedure. Schuler explained there had been a meeting in February with the 1.1 property owners in the area and the type of assessment had been discussed. After review of the - comments by the property owners and other comments the method of assessing was decided upon and a revised assessment roll. and petition was sent to the owners on April 30. He noted 66.1% signed on the frontage and 80.9% signed on the area and 8 of the 11. property owners had signed. ORDINANCE NO. 3685 - CREATION OF L.I.D. 321 - LUND ROAD SANITARY SEWER It was moved by Craig, seconded by Kitchell, that Ordinance No. 3685, entitled, "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE CONSTRUCTION AND INSTALLATION OF SANITARY SEWER AND APPURTENANCES ON WEST MAIN (SOUTHSIDE) BETWEEN SR-167 AND LUND ROAD AND LUND ROAD FROM WEST MAIN TO A POINT 1,260 FEET SOUTH OF WEST MAIN, WITHIN THE CITY OF AUBURN, WASHINGTON; CREATING AND ESTABLISHING LOCAL 00 IMPROVEMENT DISTRICT NO. 321; PROVIDING THE METHOD OF ASSESSMENT IN SAID DISTRICT qq AND THE MODE OF PAYMENT THEREOF, AND CREATE A LOCAL IMPROVEMENT FUND THEREFOR," be introduced and adopted. MOTION CARRIED UNANIMOUSLY QAirport Committee - Chairman Bud Larson RESOLUTION NO. 1253 - LEASE AT AUBURN AIRPORT WITH CHART -AIR It was moved by Larson, seconded by Hitchcock, that Resolution No. 1253, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE, MAYOR AND CITY CLERK OF THE CITY OFAUBURN TO F.XECI1'CI? A FIXED -BASED LEASE All, AUBURN AIRPORT BETWEEN THE CITY OF AUBURN AND CHART -AIR," be adopted, MOTIUN CARRIED UNANIMOUSLY RESOLUTION N0. 1257 - WRITTEN AIRCRAFT LEASES It was moved by Larson, seconded by Lea, that Resolution NO. 1257, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON,AUTHORIZING AND DIRECTING THE AUBURN AIRPORT MANAGER TO ENTER INTO WRITTEN AIRCRAFT T1:E DOWN SPACE LEASES, AIRCRAFT HANGAR LEASES, AND WHERE APPROPRIATE, AUTHORIZATION TO SUB -LET HANGAR/TIE DOWN SPACE AGREEMENTS WITH PAST, PRESENT AND PROSPECTIVE RENTERS OF HANGARS AND AIRCRAFT TIE DOWN SPACES AT THE AUBURN MUNICIPAL AIRPORT," be adopted. MOTION CARRIED UNANIMOUSLY Municipal Building & Equipment Maintenance Committee - Chairman Lewis Hitchcock --No Report. Finance Committee - Chairman Al Flechsig It was moved by Flechsig, seconded by Craig, to authorize the purchase of the Bell. & Howell updatable microfische equipment on their purchase bid price of $14,998 excluding tax. MOTION CARRIED UNANIMOUSLY It was moved by Flechsig, seconded by Lea, to approve the CPT word processing bid for a monthly lease of $851. MOTION CARRIED UNANIMOUSLY It was moved by Flechsig, seconded by Craig, to approve Claim Checks #4838 through 5071 in the amount of $599,511.79 and Payroll Checks 1l22990 through 23292 in the amount of $260,369.07. MOTION CARRIED UNANIMOUSLY Street & Engineering Committee - Chairman Sohn Lea M 372 AUBURN, WASHINGTON MONDAY OCTOBER 5, 1981 It was moved by Lea, seconded by Larson, to authorize a call for bids or quotes for "E" Street S.E. construction. MOTION CARRIED UNANIMbUSL.Y ORDINANCES AND RESOLUTIONS ORDINANCE N0. 3685 - CREATION OF L.I.D. 321 - LUND ROAD SANITARY SEWERS Passed under Utility Committee Report. ORDINANANCE NO. 3686 - AD VALOREM TAXES FOR 1982 Delayed until October.19, 1981, Council meeting. RESOLUTION NO. 1253 - LEASE AT AUBURN AIRPORT WITH CHP'tT-AIR Passed under Airport Committee Report. RESOLUTION NO. 1256 - VACATION -CALL FOR PUBLIC HEARING - PORTION OF ROSE STREET It was moved by Lea, seconded by Hitchcock, that Resolution No. 1256, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO THE. PROPOSED VACATION OF STREET RIGHT-OF-WAY, SITUATED ON A POW.rION OF ROSE STREET LYING BETWEEN THE BURLINGTON NORTHERN AND UNION PACIFIC RAILROAD RIGHT OF WAYS APPROXIMATELY 1200 FEET NORTH OF 37TH STREET N.W., WITHIN THE CITY OF AUBURN, WASHINGTON," be adopted. VOICE VOTE: Councilmembers Lea, Roegner, Kitchell, Craig, Hitchcock and Flechsig voted YES. Councilmember Larson voted NO. MOTION CARRIED RESOLUTION NO. 1257 - WRITTEN AIRPORT LEASES Passed under Airport Committee Report. RESOLUTION NO. 1258_-_PAY14ENT FOR MEDICAL SCREENING OF PRISONERS BY ANNIE MCDONALD It was moved by Roegner, seconded by Kitchell, that Resolution No. 1258, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE AUBURN FINANCE DIRECTOR TO PAY TWENTY-FIVE DOLLARS PER VISIT ONCE A WEEK TO ANNIE McDONALD, R.N., TO DO MEDICAL SCREENING OF PRISONERS AT THE AUBURN CITY JAIL," 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 10:38 p.m. to discuss matters of personnel. The regular meeting was reconvened at 11:20 p.m. It was moved by Flechsig, seconded by Lea, that the Council implement the wage study retroactive to September 15, 1981, for those positions recommended by the working committee with adjustments and review of the plan for appropriate step, bench mark and comparison with other cities within 30 days. MOTION CARRIED UNANIMOUSLY ADJOURNMENT There being no further business to come before the Council the meeting was adjourned at 11:21 p.m. 4�_L,__;:l<ersey, Mayor Coralee A. McComehey, CLty Clerf Stanley f -7- f