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Home My WebLink About09-20-1982CITY OF`AUBURN COUNCIL MEETING MINU:CES September 20, 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 Duqan, Planning Director; Police Chief Jim Gibson; Acting Fire Chief Jim Gintz; Bill Herold, Personnel Director; Coralee McConnehey, City Clerk; and Pat Nevins, Public Works Director. C. Mayor's Announcements and Appointments Mayor Roegner recommended Mike Jacobson be appointed to the Human Resources Committee to replace Jan Nydegger who had resigned. MOTION by Hitchcock, SECOND by Colburn, to concur with the Mayor's recommendation to appoint Mike Jacobson to the Human Resources Committee. MOTION CARRIED UNANIMOUSLY. ' D. Agenda Modifications Agenda modifications included revised Building Committee Minutes; noting Item IV D under Consent Agenda, Auburn Way South and 17th Revision, should have been placed on the agenda as Item V B under Old Business; Add -on Item IV G Consent Agenda, Sewer Imp. No. 54 Bid Award. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE II. A. Public Hearings - None B. Audience Participation Auburn 400 Bid A;aard - Craig Dodel, attorney representing City Transfer of Kent, 3530 Sea -First Fifth Avenue Plaza, Seattle, asked the Council to waive the irregularity of having sales tax on City Transfer's bid. He noted City Transfer had not received the addendum which would have informed them of the change. He.said the removal of the sales tax would make them the low bidder. -1- AUBURN COUNCIL MINUTES PAGE TWO SEPTEMBER 20, 1982 II. B C. III. A. Audience Participation (Cont.) Auburn 400 Bid Award (Cont.) Dick Kammeyer, representing M. A. Segale, said their company took some disagreement to some of the items suggested by City Transfer. He stated the addendum had other items than sales tax and it was State Law to require use tax. He felt a contractor should know those types of requirements. Kammeyer said he felt it was a real disadvantage to take the sales tax off now. He felt the best choice for the Council was to reject all bids and re -bid the project. Richard Wilson, 403 Columbia, Seattle, representing the Quadrant Corporation, asked the City to waive the irregu- larity and award the bid to City Transfer. He said this matter was a minor irregularity and the time in getting this project started was very valuable. Jack Bereiter asked the Council if they were inclined to want to take action on the bid award that they recess to an executive session. The Council recessed to an executive session at 8:15 p.m. and reconvened to the regular session at 8:35 p.m. Action would be handled under the Street Committee Report. Correspondence Cowden/Rowland Request to Reduce Utility Extension Fee Bob Cowden, 114 Tower Road S.W., Tacoma, spoke about a utility extension fee charged Les Rowland Contractors by the City of Auburn for construction of the Ranch Apartments. He gave a brief history of the litigation which the Ranch Apartments had been involved in. tie noted the outcome of ' the suit was that their building permit issued July 24, 1979, gave them a vested right to conditions as they existed at that time. One of those conditions was the cost of the utility connections. He stated they had not been notified of the change in the fees, from $3,035 to $19,361 until the pre -construction conference. Ron Craig stated the Utility Committee had rejected the request on the premise the law suit was not over the building special.use permit but over the change in the spe- cial use permit. He noted the ordinance had not required they notify applicants, however, an attempt was made to be fair to all applicants and notify them if they were con- templating construction the raise in fee would not effect them if they had a valid building permit in force at the time the ordinance was passed. He said in Rowland's case the building permit had expired and a new one had been issued. MOTION by Hitchcock, SECOND by Craig, to refer the matter to the City Attorney and Utility Committee for review. MOTION CARRIED UNANIMOUSLY. COUNCIL COMMITTEE REPORTS Utility Committee - Chairman Ron Craig -2- AUBURN COUNCIL MINUTES PAGE THREE SEPTEMBER 20, 1982 III. A. Utility Committee Report (Cont.) Lakeland Hills Sewerage Facilities - Craig noted the discussions on the signing of an agreement with Crabtree had been going on for two years. He said further delays were costly. He felt something needed to be done. MOTION by Craig, SECOND by Larson, to encourage the Mayor that if significant progress is not made in the very near future that the City stop all work related to the project. MOTION CARRIED UNANIMOUSLY. B. Airport Committee - Chairman Don Kurle L.I.D. 308 - ADAP Funds - Kurle said in order to receive funds which could be used in L.I.D. 308 improvements the Airport needed to own the land and resolve right-of-way problems. MOTION by Kurle, SECOND by Lea, to declare surplus the par- cel of land owned by the Airport to be improved under L.I.D. 308 by the Airport Department and to declare surplus an existing right-of-way north of the Airport office by the Street Department, and further, that the Airport trade an easement on its land to be improved by L.I.D. 308 to the Street Department in exchange for the Street Department deeding to the Airport a portion of: the existing street right-of-way north of the Airport Office of comparable value. MOTION CARRIED UNANIMOUSLY. ' C. Planning Committee - Chairman Linda Wisner - Minutes are of public record. D. Finance Committee - Chairman Bud Larson - Matters requiring action are on the agenda. ' E. Public Safety Committee - Chairman Lewis Hitchcock - No report. F. Building Committee - Chairman Gene Colburn - Minutes are of public record. G. Street Committee - Chairman John Lea L.I.D. 327 - Auburn 400 - MOTION by Lea, SECOND by Hitchcock, that the bid on L.I.D. 327 by City Transfer be accepted as corrected to reflect the deduction of 6.6% State sales tax as the lowest and best bid and that the Mayor have the discretion to execute the bid contracts subject to all escrow agreements required by Foster & Marshall. Larson voted NO. MOTION CARRIED. CONSENT AGENDA A. Minutes - September 7, 1982, Regular Meeting B. Vouchers 1. Claims #10688 - 10871 in the amount of $904,867.63. 2. Payroll #31251 - 31610 in the amount of $293,395.17. C. Call for Public Hearing 1. Robert Rhodes Rezone from Unclassified to M-1 "B" Street N.W. in 4100 block. 2. Harold Wynn Special Property Use Permit for gravel remo- val Auburn Way South. -3- AUBURN COUNCIL MINUTES PAGE FOUR SEPTEMBER 20, 1982 IV. Consent Agenda (Cont.) E. Final Pay Estimate - Water Improvement #144, Test Wells No.s 8, 9, 10, and 11. F. Change Order - L.I.D. 323, 40th Street N.E., $750 increase due to repair sewer line. Costs to be charged to L.I.D. G. Bid Award - Sewer Improvement #54 to Valley Cement Construction on their low basic bid plus additive alternate in the amount of $109,560.82 including sales tax contingent upon approval by King County Planning and Community Development. MOTION by Craig, SECOND by Kurle, to approve Consent Agenda Items A through G deleting Item D to be acted upon under Old Business. MOTION CARRIED UNANIMOUSLY. OLD BUSINESS A. Ordinance 3801 - Admissions Tax Ordinance - MOTION by Larson, SECOND by Craig, to introduce only Ordinance 3801. MOTION CARRIED UNANIMOUSLY. B. Auburn Way South & 17th Revision - MOTION by Lea, SECOND by Kure, to authorize the closure of 17th Street between "M" and Auburn Way South. Larson suggested if the Council did not want a closure possibly a temporary closure could be done to test the situation. Lea recommended either a yes or no on the closure and not a temporary situation. Craig, Wisner, Larson and Colburn voted NO. Lea, Kurle and Hitchcock voted YES. MOTION FAILED. NEW BUSINESS VI. Ordinances and Resolutions ' A. Ordinance 3803 - William and Marie Nash Rezone from Unclassified to C-3 at 4536 Auburn Way North. MOTION by Wisner, SECOND by Craig, to introduce and adopt Ordinance 3803. MOTION CARRIED UNANIMOUSLY. B. Ordinance 3804 - Deissler Rezone from R-4 to C-1 at "A" Street N.E. MOTION by Wisner, SECOND by Craig, to introduce and adopt Ordinance 3804. MOTION CARRIED UNANIMOUSLY. C. Ordinance 3805 - Repeals codes related to short-term loading zones and school bus loading zones. MOTION by Lea, SECOND by Hitchcock, to introduce and adopt Ordinance 3805. MOTION CARRIED UNANIMOUSLY. D. Resolution 1357 - Call for a Public Hearing to Create Local Improvement District for utilities: on 42nd Street N.W. (L.I.D. 331). MOTION by Craig, SECOND by Larson, to adopt Resolution 1357. MOTION CARRIED UNANIMOUSLY. E. Resolution 1358 - Authorizes engineering contract with URS for Lakeland Hills Pump Station services. MOTION by Craig, SECOND by Larson, to adopt Resolution 1358. MOTION CARRIED UNANIMOUSLY. F. Resolution 1359 - Accepts deed from D. M. Young Construction Company, Inc. and Washington Services, Inc. for public park and recreational use. MOTION by Wisner, SECOND by Craig, to adopt Resolution 1359. MOTION CARRIED UNANIMOUSLY. -4- AUBURN COUNCIL MINUTES PAGE FIVE SEPTEMBER 20 1982 MAYOR'S REPORT VII. Mayor's Report - Mayor Roegner noted a Revenue Workshop coming September 27 at 7:30 p.m. in the Council Work Area. EXECUTIVE SESSION AND ADJOURNMENT VII. Executive Session and Adjournment - There being no further action to come before the Council the meeting was adjourned at 9:39 p.m. to an Executive Session to discuss Fire and Police Department negotiations. No action was taken resulting from the executive session. BOBROEGNER, MAYOR C -5-