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HomeMy WebLinkAbout04-16-1984CITY OF AUBURN COUNCIL MEETING MINUTES April 16, 1984 7:30 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 7:30 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 Burns, Colburn, Craig, Kurle, Larson, Whittall and Wisner and staff members Jack Bereiter, City Attorney; Len Chapman, Parks & Recreation Director; Dan Clements, Finance Director; Pat Dugan, Planning Director; Jim Gibson, Police Chief; Bob Johnson, Fire Chief; Coralee McConnehey, City Clerk; Pat Nevins, Public Works Director; and Gretel Sloan, Personnel Director. Also in attendance was Steve Lancaster, Environmental Planner, and Gene Haxton, Building Inspector Supervisor. C. Mayor's Announcements and Appointments Mayor Roegner presented a proclamation for Law Day U.S.A. to ' City Attorney Jack Bereiter. D. Agenda Modifications - Modifications included Finance Committee Minutes and an agenda bill for a bid award for Storm Sewer Improvement #31. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE II. A. Public Hearings 1. R. Remillard and T. Kelch Rezone from Unclassified to R-4 (Multi -Family) property located on the southeast corner of "D" and 37th Streets S.E. (7-84) No one spoke for or against the rezone. MOTION by Wisner, SECOND by Burns, to close the public hearing. MOTION CARRIED UNANIMOUSLY. Craig suggested that the Systems Development Charge be made a part of the Findings of Fact as a standard proce- dure. MOTION by Wisner, SECOND by Craig, to approve the rezone from Unclassified to R-4 (Multi -Family) based upon the applicable Findings of Fact and Conditions including the ' Systems Development charge and to instruct the City Attorney to prepare the necessary ordinance. MOTION CARRIED UNANIMOUSLY. 2. City of Auburn Fire Department Conditional Use Permit for construction of a fire station on .92 acres zoned C-3 (Heavy Commercial) on property located on the west side of "R" Street S.E. in the 1900 block. (10-84) -1- AUBURN COUNCIL MINUTES PAGE TWO APRIL 16, 1984 II. A. Public Hearings (Cont.) 3. City of Auburn Fire Department Conditional Use Permit (Cont.) No one spoke for or against the Conditional Use Permit. MOTION by Wisner, SECOND by Burns, to close the public hearing. MOTION CARRIED UNANIMOUSLY. MOTION by Wisner, SECOND by Colburn, to approve the Conditional Use Permit to allow construction of the , southend fire station based upon the applicable Findings of Fact and Conditions, and to instruct the City Attorney to prepare the necessary ordinance. MOTION CARRIED UNANIMOUSLY. 3. Bruce Boggs Rezone from R-2 (Single Family) to R-4 (Multi -Family) property located on the north side of 37th Street S.E. in the 1200 block AKA 1215 37th Street S.E. (11-84) Mrs. Bruce Boggs stated they concurred with the recom- mendations of the Planning Commission and Planning Department. No one else spoke for or against the. request. MOTION by Wisner, SECOND by Larson, to close the public hearing. MOTION CARRIED UNANIMOUSLY. Colburn asked if they would be satisfied with just building the duplex and if the other conditions were r. worked out possibly building a third unit. Mrs. Boggs indicated yes on both questions. a MOTION by Wisner, SECOND by Colburn, to deny the rezone from R-2 to R-4 based upon the applicable Findings of Fact, but to approve a Conditional Use Permit to allow construction of a duplex based upon the applicable ' Findings of Fact and Conditions, and to instruct the City Attorney to prepare the necessary ordinance. MOTION CARRIED UNANIMOUSLY. 4. Willis M. Calhoun Preliminary Plat to be known as It Calhoun Industrial Park 9.03 acres in size on property zoned M-2 (Heavy Industrial) and located from the west side of "R" Street N.W. to the West Valley Highway on the north side of 22nd Street N.W. (P-3-84) No one spoke for or against the Preliminary Plat. MOTION by Wisner, SECOND by Burns, to close the public hearing. MOTION CARRIED UNANIMOUSLY. MOTION by Wisner, SECOND by Burns, to approve the Preliminary Plat based upon the applicable Findings of Fact and subject to the Conditions as outlined. MOTION CARRIED UNANIMOUSLY. 5. Wilson, Calhoun and Young Special Property Use Permit for removal of approximately 259,072 cubic yards of gravel on property zoned M-2 (Heavy Industrial) located on the west side of West Valley Highway North in the 2200-2400 blocks. (16-83) Bob Lloyd, nearby gravel permit owner, stated he had to ' have an Environmental Impact Statement and thought this operation should have one also. Richard Welch, property owner abutting the property, wanted to know if a test had been made on the stability of the property. Also, he wondered what steps would be taken to prevent erosion; the hours and days of opera- tion; whether there were restrictions on machinery use; -2- AUBURN COUNCIL MINUTES PAGE THREE APRIL 16, 1984 II. A. Public Hearings (Cont.) 5. Wilson_, Calhoun and Young Speci (Cont.) if studies had been done on noise and air pollution and what the length of the permit would be. Walter Prescott, nearby property owner, asked also what steps would be taken to make the hill presentable. ' MOTION by Wisner, SECOND by Burns, to close the public hearing. MOTION CARRIED UNANIMOUSLY. Dugan indicated the concerns had been addressed either in studies or are in the current ordinance. Craig wondered why they were not required to complete the requirements of the first permit before asking for another. Dugan stated when a permit expired a judgement had to be made whether the operator failed to live up to the requirements or the market conditions are not what he had anticipated. Craig felt it was time to stop it by calling to forfeit the bond and by living up to the requirements of the previous permit. Kurle asked if Finding #5 was a violation. Dugan indi- cated he would have to seek a counsel opinion. Kurle also asked if Finding #6 had been done. Dugan stated it had not been. Colburn asked if the present grade was 1 to 1. Dugan indicated some are 1 to 1 and some are 1 to 114. Colburn also inquired if they have a bond now in effect. Dugan reported there was. Colburn wondered how many remaining requirements were left. Dugan indicated some of the items remaining were those which would not make any sense to complete if the permit were extending such as terracing a portion when it would have to be dug up. MOTION by Larson, SECOND by Colburn to refer this matter to the Planning and Community Development Committee for review. Craig questioned who was responsible to follow-up or provide enforcement and suggested.the Committee look into it. MOTION CARRIED UNANIMOUSLY. 6. Quadrant Corporation Street Vacation at "0" Street S.W. between 15th and 17th Streets S.W. (V-2-84) James White, SEA Engineering, was in the audience with a representative of the applicant to answer any questions. No one spoke for or against the request. MOTION by Wisner, SECOND by Burns, to close the public hearing. Larson voted NO. MOTION CARRIED. MOTION by Wisner, SECOND by Craig, to instruct the City Attorney to prepare the necessary ordinance to grant the easement on the conditions that the petitioner pay 1/2 the assessed value of the land to the City per the ' requirements of City Ordinance No. 3617; an easement be retained over, across and under the portion to be vacated for present and/or future public utilities after Puget Power has obtained their easement. Larson voted NO. MOTION CARRIED. 7. William Cotter and R. Pacquer Alley Vacation on the west 1/2 of a public alley located between M and N Street N.E. north of and adjacent to 1239 E. Main Street. (V-3-84) -3- AUBURN COUNCIL MINUTES PAGE FOUR APRIL 16 1984 II. A. Public Hearings (Cont.) 7. William Cotter and R. Pacquer Alley Vacation (Cont.) Robert West, attorney, was in the audience to answer any questions. He asked that the City give them the opportunity to negotiate with utilities other than City owned for placement of the utility. MOTION by Wisner, SECOND by Colburn, fo close the public hearing. MOTION CARRIED UNANIMOUSLY. MOTION by Wisner, SECOND by Colburn, to instruct the City Attorney to prepare the necessary ordinance to grant the easement on the conditions that the peti- tioner pay 1/2 the assessed value of the land to the City per the requirements of City Ordinance No 3617; an easement be retained over, across and under the portion to be vacated for present and/or future public utilities after Puget Power has obtained their ease- ment. Larson voted NO. MOTION CARRIED. B. Audience Participation Ordinance 3963 (See New Business for action) Mrs. Rodger Campbell suggested if the drainage problem was taken care of there would be no need to be called a sen- sitive area. Ken Baldoff asked what authority this would grant. He stated he felt the wording was vague. He said the people in the area were looking for a battle plan. Wally Costello, Quadrant, expressed their opposition to the ordinance because they felt it would make it difficult to talk to property owners for future developments. C. Correspondence - None COUNCIL COMMITTEE REPORTS t III. A. Public Works - Chairman Ron Craig - Minutes are of public record. B. Planning & Community Development - Chairman Linda Wisner - Minutes are of public record. C. Finance - Chairman Bud Larson - Minutes are of public record. D. Municipal Services - Chairman Gene Colburn - Minutes are of public record. CONSENT AGENDA Councilmember Burns left the Council Chambers at this time since he felt there may be an appearance of conflict of interest with Item C. IV. A. Minutes - April 2, 1984, Regular Meeting. B. Vouchers 1. Claims #19626-19845 in the amount of $496,255.34. 2. Payroll #45071-45385 in the amount of $315,418.62. C. Fire Station North Site House Removal - Authorize David Morgan to remove house at the Fire Station North Site. D. Out -of -State Travel for two Fire Department employees to fly to Allentown, Pennsylvania, to pick up the City's new Mack Fire Truck, for an approximate cost of $1800. E. Call for a Public Hearing at the next regular Council meeting of May 7, 1984, on revisions to the Subdivision Code. F. Interfund Transfer in the amount of $159,800.00 from Fund 431 to Fund 430 at 10% interest until 12/31/84. -4- AUBURN COUNCIL MINUTES PAGE FIVE APRIL 16, 1984 IV. CONSENT AGENDA (Cont.) G. Sanitary Sewer Tapping Fee Refund in the amount of $100.00 to Bud Hansen, 311 "F" Street S.E. H. Liquor License Approval - Fisher Drugs at 1813 Howard Road for beer and wine for off -premises consumption. I. Bid Award - Storm Sewer Improvement #31, "B" Street S.E., to J. J. Sprague, Inc., on their low basic bid of $39,262.10. MOTION by Craig, SECOND by Larson, to approve Consent Agenda Items A through I. MOTION CARRIED UNANIMOUSLY. Councilmember Burns returned to the meeting. OLD BUSINESS V. OLD BUSINESS - None NEW BUSINESS VI. A. Auburn Downs - Authorization to Issue Building Permits. MOTION by Craig, SECOND by Larson, to authorize the issuance of building permits with the understanding the Certificate of Deposit will be converted to a Letter of Credit. MOTION CARRIED UNANIMOUSLY. B. Ordinances and Resolutions 1. Ordinance 3957 - Related to Emergency Services. MOTION by Colburn, SECOND by Rurle, to introduce and adopt Ordinance 3957. MOTION CARRIED UNANIMOUSLY. 2. Ordinance 3959 - William and Adeline Rabe Rezone from R-2 to R-4 at 607 29th Street S.E. MOTION by Wisner, SECOND by Burns, to introduce and adopt Ordinance 3959. MOTION CARRIED UNANIMOUSLY. 3. Ordinance 3963 - Designation of Environmentally Sensitive Area. MOTION by Larson, SECOND by Burns, to introduce and adopt Ordinance 3963. Larson stated a public hearing had been held on this ordinance and because of the public input it was felt it should be brought to the Council. Dugan indicated the ordinance did two things; It makes every project subject to environmental review by removing the SEPA threshold; and it clarifies and strengthens our authority to condition projects on the basis of environmental documents. He noted it would also give the staff clear direction from the Council. Colburn stated he felt the Council already had authority and wondered if it was necessary. Craig felt the ordinance would communicate the Council's intent in this area. He urged the Council to approve the ordinance. He noted the Council could not continue to say no to rezone without making a statement. ' Whittall asked if the ordinance would eliminate anyone from getting a building permit. Dugan indicated it would just put the matter under a closer scrutiny. Whittall questioned how would be different than now. Dugan indicated some issues were outside of the ordi- nance and this ordinance would assure it does not get any worse. -5- AUBURN COUNCIL MINUTES PAGE SIX APRIL 16, 1984 VI. NEW BUSINESS (Cont.) B. Ordinances and Resolutions (Cont.) 3. Ordinance 3963 (Cont.) Kurle asked if the ordinance gave us authority to exa- mine property which is exempt under SEPA Environmental impact Statement requirements. Councilmembers Larson, Burns, Colburn and Whittall voted NO. MOTION FAILED. Mayor Roegner asked for the Council's guidance on what came next. Craig indicated he felt no was unacceptable. If a rezone meets the Comprehensive Plan what is to pre- vent them from coming in and developing it. Wisner suggested the answer may come from the project the Public Works Committee is working on in the study on storm drainage. 4. Resolution 1506 - Authorizes Amendment to and Renewal of Interlocal Agreement for Housing Inspection Services under the Section 312 Housing Rehabilitation Program with King County. MOTION by Wisner, SECOND by Larson, to adopt Resolution 1506. MOTION CARRIED UNANIMOUSLY. 5. Resolution 1507 - Authorizes renewal of Emergency Medical Services Contract with King County. MOTION by Colburn, SECOND by Kurle, to adopt Resolution 1507. MOTION CARRIED UNANIMOUSLY. MAYOR'S REPORT VII. MAYOR'S REPORT - None I ADJOURNMENT & EXECUTIVE SESSION VIII. ADJOURNMENT & EXECUTIVE SESSION The meeting was adjourned to an executive session at 9:20 p, o dis9esl matters of personnel and litigation. ii Bob Roegner, Mayor Coralee Mc on ehey, City Cle k a.