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HomeMy WebLinkAbout09-07-1982496 1 ' CITY OP AUBURN COUNCIL MEETING MINUTES September 7, 1982 8:00 P.M. CALL TO ORDER I. A. Flag Salute The regular meeting of the City of Auburn Council was called to order by Mayor Bob Roegner at 8:00 p.m. in the City of Auburn Council Chambers. Mayor Roegner led those in atten- dance in the pledge of allegiance. B. Roll Call Those in attendance included Mayor Bob Roegner; Council - members Colburn, Craig, Hitchcock, Kurle, Larson, Lea and Wisner; and staff members Jack Bereiter, City Attorney; Len Chapman, Parks & Recreation Director; Dan Clements, Finance Director; Pat Dugan, Planning Director; Police Chief Jim Gibson; Acting Fire Chief Jim Gintz; Bill Herold, Personnel Director; John Holmes, Library Director; Coralee McConnehey, City Clerk; Pat Nevings, Public Works Director; Lynn Rued, Senior Planner; and Clark Walker, Cemetery Supervisor. C. Mayor's Announcements and Appointments - None D. Agenda Modifications - Add -on Consent Agenda Items IV E 3, 4 and 5 and Add -on New Business item Ordinance 3802. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE ' II. A. Public Hearings 1. William and Marie NashRezone from Unclassified to C-3 - 4536 Auburn Way North_ (f3-82) William Nash, 712 12th St. N.E., was in the audience to answer any questions. MOTION by Hitchcock, SECOND by Lea, to close the public hearing. MOTION CARRIED UNANIMOUSLY. MOTION by Hitchcock, SECOND by Colburn, to approve the request of William and Marie Nash, Application 13-82, to rezone from Unclassified to C-3 and to instruct the City Attorney to prepare the necessary ordinance. 14OTION CARRIED UNANIMOUSLY. 2. Helmut Deissler Rezone from R-4 to C-1 - "A" Street and 3rd Street N.E. (22-82) Helmut Deissler stated lie was asking for the rezone so he could out in a small business. Angie Richie, -1- AUBURN COUNCIL MINU'1'1;;J PAGE TWO _ _SEPTEMBER 7, 1982 II. A. Public Hearinis (Cont.) 2. Deissler Rezone (Cont.) speaking for her sister Mary Ruth, 310 "E" St. N.E., noted her sister had bought her home so she could be near the business area. Now she feels she is being forced into another life style. MOTION by Hitchcock, SECOND by Colburn, to close the public hearing. MOTION CARRIED UNANIMOUSLY. Hitchcock expressed concern over water and parking problems. Nevins stated that he was not aware of any particular water problem. Rued stated the C-1 classi- fication requires a minimum of 5 parking spaces and that the Nash's may have to eliminate one garage but it could be done. Kurle wondered about resolution of the water problems. Rued stated he was not aware of any problems either. Craig noted these questions went beyond the rezone question. He said he thought staff should look into it. He noted also the studies of this particular area did not indicate any particular problem. Craig added the area had been expected to commercialize. He asked Rued if the Comprehensive Plan called for only commercialization to the first tier. Rued indicated the plan called for it going to Fifth Street. Craig noted this rezone was in accordance with the Comprehensive Plan and the only problem is that the area was in tran- sition. He noted the Mayor had indicated regardless of the rezone he would look into the water problems men- tioned. ' MOTION by Craig, SECOND by Wisner, to approve the request of Helmut Deissler, Application 22-82, to rezone from R-4 to C-1 and instruct the City Attorney to pre- pare the necessary ordinance. MOTION CARRIED UNANIMOUSLY. 3. Feroy Annexation - "A" and "D" Streets S.E. No one spoke for or against the proposed annexation. MOTION by Hitchcock, SECOND by Wisner, to close the public hearing. MOTION CARRIED UNANIMOUSLY. Lea noted there would be a problem with improvement of the street because half of it was in the County. Nevins stated that this was true and that it would continue to be a problem until all the street was in the City. MOTION by Wisner, SECOND by Criag, to recommend approval of the annexation and to instruct the Planning Department to forward the Notice of Intention to the King County Boundary Review Board. MOTION CARRIED UNANIMOUSLY: 4. Admissions Tax Ordinance Bruce Gardner, Bellevue, spoke to the problems the ordinance would cause for legitimate theaters. He -2- AUBURN COUNC.LL ML J 1'I' i:i _ PAGE THREE SEPTEMBER 7, .1.982 ----------------------- II. A. Public Heari.n,js (Cont.) 4. Admission Tax Ordinance (Cont.) stated the ordinance would tax the full amount of the revenue derived and would take 5% of their revenues. He noted it would also affect paid entertainment in such places as the Elk's, the Sonic's superchannel subscrip- tions and HBO. Gardner felt there had not been enough exposure of the proposed ordinance to the public. Ron Thompson, attorney, 1919 First Interstate Plaza, Tacoma, representing Auburn Properties which own the Valley Drive -In, suggested a B & 0 tax would be more equitable. He said he felt an admissions tax was singling out a particular industry. Thompson also stated the cost of enforcing the ordinance would exceed the results since it would also cover cable television, Elks' programs, cabarets, restaurants, food and refresh- ments where free entertainment, recreation and amuse- ments are provided and more. He said they would expect all businesses to be collected from. Thompson noted RCW 35.21 only permitted exemptions for elementary and secondary schools but the proposed ordinance exempts non-profit organizations. He said there is no legisla- tive authority to do this. He noted also the tax repre- sents a tax against businesses which is not easily passed on to the consumer. He suggested the tax should be spread over a larger base. Bonnie Hart, 17025 S. E. Wax Road, representing ACT I, spoke in opposition to the proposed ordinance. She felt the ordinance was discriminatory and would place a real hardship on their business. She noted as it was now their business is 50% subsidized. Mayor Roegner stated the ordinance was before the ' Council partly to get an indication from them on their feelings about such an ordinance. He suggested the City Attorney could review the ordinance in light of the issues brought out. MOTION by Hitchcock, SECOND by Larson to close the public hearing. MOTION CARRIED UNANIMOUSLY. Larson noted that the performing arts would only be taxed if their facilities was used by a profit making organization. MOTION by Larson, SECOND by Craig, to instruct the City Attorney to draft and ordinance to be introduced at the next regularly scheduled Council meeting. MOTION CARRIED UNANIMOUSLY. > COUNCIL COMMITTEE REPORTS III. A. Utility Committee - Chairman Ron Craig - No report. B. Airport Committee - Chairman Don Kurle Auburn Flight Gas Discount - MOTION by Kurle, SECOND by Wisner, to authorize the Mayor and City Clerk to execute -3- AUBURN COUNCIL MINUTESPAGE-FOUR SEPTEMBER 7L-I%wg II. B. Council Committee Reports - Airport Committee (Cont.) Auburn Fli ht b.rvi.ce Ga:; Discount (Cont.) an amended contract with Auburn Flight Service to reflect an 8% discount on the gas price with a six month proviso and that Auburn Flight Service be required to buy all their gas from the City of Auburn. MOTION CARRIED UNANIMOUSLY. C. Plannin Committee - Chairman Linda Wisner - No report. D. Finance_ Committee - Chairman Bud Larsen - Matters requiring action are on the agenda. E. Public Safety -Committee - Chairman Lewis Hitchcock - Minutes are of public record. F. Buildin2Committee - Chairman Gene Colburn - No report. G. Street Committee - Chairman John Lea - No report. 00 --- CONSENT AGENDA 0 Q IV. A. Minutes - September 7, 1982, Regular Meeting Q B. Vouchers 1. Claims #10385 - 10687 in the amount of $490,674.83. 2. Payroll #30668 - 31250 in the amount of $427,571.82. C. Call for Public _Hearing - Mount Rainier Vista Amended Draft Environmental Impact Statement. D. Master Solicitor License - Arthur Russo - Mobile home repair and maintenance. ' E. Bid Awards 1. Water_ Improvement 129 - Well No. 3A to Armstrong Drilling Inc. - $64,155.60 including tax. 2. Sanitary -Sewer Improvement 54 - Various sewer improve- ments to �odarte Construction Co. - $71,145.89 including tax. Refer to Utility Committee. 3. L.I.D. 325 & Water _Im r.ovement No. 148 - 18th Street N.E., to R. W. -Scott Construction Company on their low basic bid of $185,875.09, including sales tax contingent upon execution of the Notice to Proceed subject to Mayor, City Attorney and Public Works Director approvals. 4. L.I.D. 328 - Auburn Way South Sidewalks, to Valley Cement Construction, Inc. on their low gross bid of $19,791.00 contingent upon approval by Ring County Dept. of Planning & Community Development. F. National League of Cities Delegates - Mayor Roegner as Voting Delegate; Councilmembers Lea, Hitchcock and Wisner as alternates. MOTION by Craig, SECOND by Larson, to approve Consent. Agenda Items A through F with the exception of Item E 5. MOTION CARRIED UNANIMOUSLY. 5. L.I.D. 308 - "E" Street N.E. improvements to R. W. Scott Construction Company on their low gross bid cf $82,246.96 including sales tax contingent upcn final 11 right-of-way acquistion being complete and approval of the Mayor, City_Attorney and Airport Committee. -4- 5ftBURN COUNCIL MINUTES ---------PAGE FIVhSEPTEMBER 7, 1982 IV. CONSENT AGENDA (Cont.) E. 5. L.I.D. 308 (Cont.) MOTION by Kurle, SECOND by Lea, to approve Consent Agenda Item IV E 5. MOTION CARRIED UNANIMOUSLY. V. OLD BUSINESS - None OLD 1USINESS NE'W BUSINESS VI. Ordinances and Resolution A. ordinance 3797 - All West Properties Conditional Use Permit - 37th Street-N.W. MOTION by Lea, SECOND by Colburn, to refer to the Street Committee. MOTION CARRIED UNANIMOUSLY. B. Ordinance 3798 - Fire Stations Bond Issue. MOTION by Hitchcock, SECOND by Colburn, to introduce and adopt Ordinance 3798. MOTION CARRIED UNANIMOUSLY. C. ordinance__3799 - Street and Storm Drainage Improvements Bond Issue. MOTION by Lea, SECOND by Hitchcock, to introduce and adopt Ordinance 3799. MOTION CARRIED UNANIMOUSLY. D. Ordinance 3800 - Library Bond Issue. MOTION by Colburn, SECOND Kurle, to introduce and adopt Ordinance 3800. MOTION CARRIED UNANIMOUSLY. E. Ordinance 3801 - Admissions Tax - Referred back to the Attorney- F. Resolution 1355 - Authorizes agreement with Foster & Marshall/American Express for underwriting services. MOTION by Larson, SECOND by Lea, to adopt Resolution 1355. MOTION CARRIED UNANIMOUSLY. G. Resolution__1356 - Police Mutual Aid Agreement with Des Moines, _ Kent, Normandy Park, Renton, Tukwila, and the Port of Seattle. MOTION by Hitchcock, SECOND by Colburn, to adopt Resolution 1356. MOTION CARRIED UNANIMOUSLY. (Note: This was misnumbered on the agenda as Res. 1354) H. Ordinance 3802 - Authorizes issuance of $2,000,000 Limited Tax Generla Obligation Bonds. MOTION'by Craig, SECOND by Larson, to introduce and adopt Ordinance 3802. MOTION CARRIED UNANIMOUSLY. VII. Mayor's Report - None MAYOR'S REPORT ADJOURNMENT VIII. Adjournment - There being no further business to come before the Council the meeting was adjourned to an executive session at 9:38 p.m. tc, 'scuss Fire Department negotiations. BOB ROEGNER, MAYOR -5- ///G &294Q CORALEE MCCONNEHEY, CITY C ERK 1