HomeMy WebLinkAbout01-04-1971
150AUBURN, WASHINGTON MONDAY JANUARY 4, 1971
The regular meeting of the City Council of the City of Auburn convened
at 8:00 P.M., in the Council Chambers of the City Hall.
The meeting was called to order by Mayor Kersey.
Councilmen present: Councilmen Kline, Sonnemann, Shaughnessy, Darling,
Holman, and Nickson. Councilman Fiedler excused
APPROVAL OF MINUTES
It was moved by Darling, seconded by Shaughnessy, that the Minutes of
December 21, 1970 Council Meeting be approved as mailed.
PUBLIC HEARINGS
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Mayor Kersey declared Public Hearing open on Final Assessment Roll for
LID 249, sanitary sewer construction on 12th St. S. E. between a point
West of "F" St. S.E. to "G" St. S.E. (Continued from December 21, 1970
Council Meeting)
It was moved by Nickson, seconded by Sonnemann, that Public Hearing be
closed on Final Assessment Roll for LID 249.
MOTION CARRIED
It was moved by Sonnemann, seconded by Nickson, that the Final Assessment
Roll for LID 249 be approved and confirmed and the City Attorney be instructed
to prepare necessary ordinance approving and confirming the assessment and
assessment roll.
ROLL CALL VOTE: All Councilmen voting YES.
MOTION CARRIED
Mayor Kersey declared Public Hearing open on Final Assessment Roll for
LID 238, street construction and storm drainage, sanitary stubs and water
services for CSt. N. E. between 30th and 37th.
It was moved by Nickson, seconded by Sonnemann, that Public Hearing on
Final Assessment Roll for LID 238 be closed.
MOTION CARRIED
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It was moved by Sonnemann, seconded by Nickson, that the Final Assessment
Roll for LID 238 be approved and confirmed and the City Attorney be in-
structed to prepare necessary ordinance approving and confirming the
assessment and assessment roll.
ROLL CALL VOTE: All Councilmen voting YES.
MOTION CARRIED
Mayor Kersey declared Public Hearing open on request of Green River Baptist
Church to revise an existing SPU to allow additional temporary church
classroom units at 2407 "M" St. S. E. (Application No. 21-70)
The Planning Commission recommend to the City Council the granting of the
revised Special Property Use Permit for the placement of this structure on
the petitioner's property for a period of eighteen (18) months with a
provision for the City Council to be authorized to grant six (6) month
extensions based upon a written report from the Planning Department that
progress on the construction of a permanent facility is underway to replace
the temporary structure.
It was moved by Nickson, seconded by Holman, that Public Hearing be closed.
MOTION CARRIED
It was moved by Kline, seconded by Holman, that request of Green Riber I
Baptist Church to revise existing SPU be granted in accordance with the
Planning Commission recommendations, and the City Attorney be instructed
to prepare necessary ordinance.
ROLL CALL VOTE: All Councilmen voting YES.
MOTION CARRIED
Mayor Kersey declared P~blic Hearing open on the request of Frank and
Stephen Lone to rezone from M-l and M-2 Industrial to C-3 Commercial on a
land parcel located at the NW corner of 15th St. N. E. and Auburn Way North
(Application No. 22-70)
The Planning Commission recommend to the City Council the granting of this
application inasmuch as it conforms to the City's Comprehensive Land Use
Plan and that consideration should be given to the dedication of a 60 ft.
right-of-way, the centerline being the West edge of the parcel of land,
together with the North 30 feet of the W 388.10 feet, together with a
AUBURN, WASHINGTON
MONDAY
JANUARY 4, 1971 151-
suitable radius at the intersection of the aforesaid two right-of-ways.
It was moved by Nickson, seconded by Shaughnessy, that the Public Hearing
be closed.
MOTION CARRIED
It was moved by Nickson, seconded by Shaughnessy, that request of Frank
and Stephen Lone to rezone from M-l ånd}rn-2 to C-3 Commercial be granted
subject to the recommendations of the Planning Commission, and City Attor-
ney prepare ordinance.
ROLL CALL VOTE: All Councilmen voting YES.
MOTION CARRIED
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CORRESPONDENCE
City Clerk Williams read letter from Planning Director for segregation of
assessment for LID #222, assessment No. 66 and 67, for total assessment
in the sum of $2,415.00, for correction of legal description and change
in ownership.
It was moved by Sonnemann, seconded by Nickson, that segregation of assess
ment for LID #222 be approved.
ROLL CALL VOTE: All Councilmen voting YES.
MOTION CARRIED
City Clerk Williams read Zone Change Application from Lowell Nelson for
change of zoning classification from R-2 to M-l, property located at 212
Clay Street North.
It was moved by Nickson, seconded by Sonnemann, that the Zone Change
Application from Lowell Nelson be referred to the Planning Commission.
MOTION CARRIED
City Clerk Williams read letter from Auburn Chamber of Commerce thanking
the City of Auburn for assistance for promotion for Christmas Retail
Trades.
II Mayor Kersey requested the letter be filed.
BID OPENINGS
Bids were opened at 11:00 A.M., On a Call for Bids for legal publications
of the City of Auburn during the year 1971 with bids submitted as follows:
AUBURN GLOBE NEWS
Per column inch for the first
publication
Per line for the first publication
Per column inch for additional
publications
Per line for additional publications
a-point Type
6-point Type
$2.12
.235
$2.62
.22
1.91
.19
2.36
.20
Mayor Kersey requested the matter be referred to Finance Committee
Reports.
RECOMMENDATIONS
The following items were submitted for approval by Pat Nevins, Director
of Public Works:
Pay Estimate No.1 (final) to R. L. Kuss & Co., Inc. for furnishing
of fifteen hangar doors for Auburn Municipal Airport for $23,655.00.
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It was moved by Kline, seconded by Holman, that Pay Estimate No. 1 (final)
to R. L. Kuss & Co., Inc., for $23,655.00 be approved for payment and the
City declare the contract finalized and upon delivery of any items found
to be shorted, and that the retained percentage amount to $2,490.00 ~n~
cluding sales tax, be paid in thirty days provided no liens or claims
are filed and clearance is secured from the State Tax Commission and the
Department of Labor and Industries.
ROLL CALL VOTE: All Councilmen voting YES.
MOTION CARRIED
Pay Estimate No. 5 (Street Portion) and No. 6 (HUD Portion) to eas-
cade Asphalt Paving Co. for St. Imp. 115 (4th St. N.E.) for
$15,659.32, street portion being $14,344.45 and HUD portion $1,314.87
It wašlmoued by Shaughnessy, seconded by Sonnemann, that Pay Estimate
No.5 and No.6 to Cascade Asphalt Paving Co. for $15,659.32 be approved
152
AUBURN, WASHINGTON
MONDAY
JANUARY 4, 1971
for payment.
ROLL CALL VOTE: All Councilmen voting YES.
MOTION CARRIED
Pay Estimate No. 6 to Cascade Asphalt Paving Co. for LID 236 (14th
St. N.E. area) for $16,800.25.
It was moved by Nickson, seconded by Holman, that Pay Estimate No. 6 to
Cascade Asphalt Paving Co. for LID 236 for $16,800.25 be approved for
payment.
ROLL CALL VOTE: All Councilmen voting YES.
MOTION CARRIED
Pay Estimate No. 2 to Tri-State Construction Co. for Water Imp. #74 I
(HDD portion of West Main St. job, St. Imp. 122) for $23,120.99.
It was moved by Shaughnessy, seoonded by Nickson, that Pay Estimate No. 2
to TriState Construction Co. for $23,120.99 be approved for payment.
ROLL CALL VOTE: All Councilmen voting YES.
MOTION CARRIED
Pay Estimate No.1 to Kurle Construction Co. for $12,556.15 for
construction of cemetery reception building.
It was moved by Holman, seconded by Nickson, that Pay Estimate No. 1 to
Kurle Construction Co. for $12,556.15 be approved for payment.
ROLL CALL VOTE: All Councilmen voting YES.
MOTION CARRIED
Authority for Mayor to sign resolution covering Supplement No. 2 to
Washington State Highway Commission agreement No. GC-2657 reducing
cost of said contract.
It was moved by Shaughnessy, sec onded by Nickson, that Mayor Kersey be
authorized to sign resolution covering Supplement No. 2 to Washington
State Highway Commission Agreement No. GC-2657.
ROLL CALL VOTE: All Councilmen voting YES.
MOTION CARRIED
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Creation of LID 253, Street, Storm and sanitary sewer and water main
construction on I St. N.E. So. of 28th St. N.E. Estimated cost of
improvement $15,880.25. 100% signatures on LID petition.
It was moved by Nickson, seconded by Sonnemann, that LID 253 be authorized
and the City Attorney be directed to prepare necessary ordinance creating
Local Improvement District No. 253.
ROLL CALL VOTE: All Councilmen voting YES.
MOTION CARRIED
Permission to call for bids on the construction of LID 253, I St. N.E.
So. of 28th N.E.
It was moved by Nickson, seconded by Shaughnessy, that the Director of Pub-
lic Works be authorized to call for bids on LID 253.
ROLL CALL VOTE: All Councilmen voting YES.
MOTION CARRIED
COUNCIL COMMITTEE REPORTS
FINANCE COMMITTEE - KLINE
Councilman Kline, reporting for Finance Committee, stated the Committee had I
reviewed the bids for legal advertisement and the Committee recommends the
bid of Auburn Globe News for 8" type be accepted.
It was moved by Kline, seconded by Holman, that Auburn Globe News be a-
warded contract for legal advertisement for the City of Auburn on their
bid submitted for 8Point Type.
ROLL CALL VOTE: All Councilmen voting YES.
MOTION CARRIED
It was moved by Kline, seconded by Sonnemann, that the City Attorney be
authorized to attend the Traffic Court Conference in San Francisco cpmmenc-
ing January 25, 1971.
MOTION CARRIED
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AUBURN, WASHINGTON
JANUARY 4, 1971
lr:::()
~)0-
MONDAY
UTILITY CO~1ITTEE - SHAUGHNESSY
Councilman Shaughnessy, reporting ~or Utility Committee, stated the
Committee had been doing some housekeeping tasks and reviewed the program
for the System III from Northwest American report, for approval.
PLANNING, BEAUTIFICATION & BUILDING CODES COMMITTEE - DARLING
Councilman Darling, reporting for Committee, stated the Committee reviewed
the Special Property Use Permit requirements of Ordinance No. 1965 (Jeff
Estate/Standard Mining). Through mutual discussion between the Committee
and representatives from Standard Mining, it was agreed that Standard
Mining operations have been such that the South one hundred feet of the
SPU parcel have been encroached upon during gravel removal operations.
Under the provisions of Ordinance No. 1965 this 100 feet was to be re-
tained as a Buffer Zone and Setback Area between Standard Mining removal
operations and the Shephard property to the South. Having encroached
on this buffer zone with removal operations, Standard Mining violated
conditions of their SPU Permit (Ordinance No. 1965).
Other discussion revealed that there have been gravel removal and grade
amendment operations on the Shephard property to the South. Some of
this material has been moved by Fiorito Brother's, the SR 167 contractor,
to the Jeff Estate property (Standard Mining) where it could be further
removed under the provisions of Ordinance No. 1965.
Correction measures proposed by Standard Mining for the restoration of
the buffer zone on the existing SPU were found unsatisfactory by the
Committee. The proposal suggested further gravel removals from the
Shephard property to the South, somewhat in accordance with grading
plans submitted with the Shephard application for a gravel removal SPU.
The Shephard application was denied by the City Council.
Since the alleged violations were initiated by an individual, individuals,
company and/or companies, whose primary interest is with gravel removal,
the Committee was dissatisfied with this proposal. The Committee indi-
cated no desire to accept a solution which would be rewarding to those
parties who have violated conditions of the original SPU (Ordinance No.
1965). Further, that the Committee has no authority to enlarge the
boundaries of the gravel removal SPU without requiring the due process
for administratio nof such requests. Standard Mining was directed to
resubmit a more specific proposal restricted to restorations within the
existing boundaries of the SPU permit granted in conjunction with
Ordinance No. 1965.
It was moved by Darling, seconded by Kline, that the City Council suspend
the SPU of Standard Mining until compliance with the original SPU permit
and direct the City Attorney and staff to take whatever action is nec-
essary to enforce Ordinance No. 1965.
ROLL CALL_~VOTE: All Councilmen voting YES.
MOTION CARRIED
It was moved by Darling, seconded by Sonnemann, that the City Attorney
and staff investigate the violations of Ordinance No. 1702 and Chapter
70 of the UBC regarding grade permits on Dr. Shephard property and
advise the Council accordingly.
It was moved by Kline, seconded by Nickson, that the motion by Darling
be amended to read that should the City Attorney find there are vi6la-
tions of Cahpter 70 of UBC and Ordinance No. 1702, that the City Attorney
be instructed to file and injunction against the property owner to cease
and desist with the further removal of gravel.
ROLL CALL VOTE ON AMENDMENT: All Councilmen voting YES.
MOTION CARRIED
ROLL CALL VOTE ON MOTION AS AMENDED: All Councilmen voting YES.
MOTION CARRIED
Councilman Darling reporting further stated the Committee recommends the'
followi~g administrative procedure be implemented by the Department of
Planning and Community Develo;ment with regard to Special Property Use
Permits, effective January 1, 1971:
That this department be required to inspect existing or future SPU per-
mits on a monthly basis regarding compliance with the regulations and
restrictions set forth in the Ordinance granting this SPU. The Monthly
....
-1.54 AUBURN, WASHINGTON
inspection policy shall be directed toward orderly enforcement of ~PU
permits which are continually changing in nature, i.e., quarry rn1.n1.ng,
gravel removal and other uses which may require inspections at the dis-
cretion of the Planning Director;
That a monthly progress report be submitted to the Council Committee
meeting the month following an inspection. However, if in the course of
performing regular monthly inspections, it appears that a violation has
occurred which, in the judgment of the Planning Director, is of an emer-
gency nature, the Committee Chairman shall be notified immediately for
further action by the Council Committee, City Council, City Attorney and
staff as applicable.
MONDAY
JANUARY 4, 1971
NEW BUSINESS
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SURFACE-MINED LAND RECLAMATION ACT.
Councilman Nickson brought to the attention of the Council an opinion
from Slade Gorton stating that the State Act preempts the regulation of
surface mining and reclamation of surface-mined land and that once the
Board of Natural Resources issues a permit for surface mining, the oper-
ator will be free to proceed "notwithstanding the terms of any such local
land use regulations governing the area in question. "
It was moved by Nickson, seconded by Kline, that the City Attorney prepare
necessary Resolution to the 1971 Legislature requesting that they correct
this act and give the power to the cities and governmental agencies to
approve or deny permits for mining operations and distribute a copy of
this resolution to the Association of Washington Cities, Suburban Mayors
Association, State Representatives and State Senators.
ROLL CALL VOTE: All Councilmen voting YES.
MOTION CARRIED
Gary Larson, Mercer Island, requesting information with regard to Seattle
Cascade Land Corporation rezone request.
Mr. Bereiter, City Attorney, advised that he had not obtained=the infor-
mation required with regard to this rezone request and would hope to have
necessary information for the next Council meeting.
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ORDINANCES AND RESOLUTIONS
ORDINANCE NO. 2513
It was moved by Kline, seconded by Shaughnessy, that Ordinance No. 2513
be amended to each 15,000 and entitled "AN ORDINANCE OF THE CITY OF AUBURN,
WASHINGTON, AMENDING THE AUBURN TOW TRUCK ORDINANCE LIMITING THE NUMBER
OF TOW TRUCK LICENSES TO ONE (1) FOR EACH 15,000 AUBURN CITIZENS OR POR-
TION THEREOF; REQUIRING ALL TOW TRUCKS TO BE PROPERLY LICENSED AND REGIS-
TERED WITH THE WASHINGTON STATE DEPARTMENT OF MOTOR VEHICLES IN THE
NAME OF THE TOW TRUCK VEHICLE PERMIT HOLDER; AND REQUIRING ALL TOW TRUCKS
TO BE LICENSED BY THE CITY OF AUBURN TO BE PAINTED AND MARKED AS SIMILAR-
LY AS PRACTICAL SO AS TO ENABLE THE GENERAL PUBLIC TO IDENTIFY SAID VEHI-
CLE AS BELONGING TO ONE TOW TRUCK VEHICLE PERMIT HOLDER," (Introduced
12/21/71) be adopted.
ROLL CALL VOTE: All Councilmen voting YES.
MOTION CARRIED
ORDINANCE NO. 2514
It was moved by Nickson, seconded by Holman, that Ordinance No. 2514 en-
titled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, RELATING TO AND
PROVIDING FOR THE VACATION OF A PORTION OF A CERTAIN ALLEY SITUATE WITH-
IN THE CORPORATE LIMITS OF THE CITY OF AUBURN, WASHINGTON" (Charles R.
& Edith F. Carter) be introduced and adopted.
ROLL CALL VOTE: All Councilmen voting YES.
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MOTION CARRIED
ORDINANCE NO. 2515
It was moved by Darling, seconded by Holman, that Ordinance No. 2515 en-
titled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, RELATING TO AND
PROVIDING FOR THE VACATION OF A PORTION OF A CERTAIN STREET RIGHT-OF-
WAY SITUATE WITHIN THE CORPORATE LIMITS OF THE CITY OF AUBURN, WASHING-
TON, RESERVING AN EASEMENT THEREIN TO THE CITY OF AUBURN FOR ALL PUBLIC
UTILITIES" (Auburn School District No. 408) be introduced and adopted.
ROLL CALL VOTE: All Councilmen voting YES.
MOTION CARRIED
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AUBURN, WASHINGTON
MONDAY
JANUARY 4, 1971
1""""'"
')f-l-
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ORDINANCE NO. 2516
It was moved by Holman, seconded by Darling, that Ordinance No. 2516 en-
titled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY,
A STATUTORY WARRANTY DEED CONVEYING CERTAIN REAL PROPERTY OWNED BY THE
CITY OF AUBURN IN EXCHANGE FOR THE CON VEYANCE OF CERTAIN REAL PROPERTY
OF EQUIVALENT VALUE TO THE CITY" (Brewer Property) be introduced and
adopted.
ROLL CALL VOTE: All Councilmen voting YES.
MOTION CARRIED
RESOLUTION NO. 444
It was moved by Nickson, seconded by Shaughnessy, that Kesolution No. 444
entitled "A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, SUPPLE-
ment No.2 to AGREEMENT NO. GC-2657, BETWEEN THE CITY AND THE STATE OF
WASHINGTON, DEPARTMENT OF HIGHWAYS, FOR THE CONSTRUCTION OR IMPROVEMENT
OF SR l67, WEST MAIN STREET TO 277TH STREET AND WHICH SUPPLEMENT NO.2
REDUCES THE OBLIGATION OF THE CITY OF AUBURN, WASHINGTON FROM $22,563.l8
TO $l9,853.75 DUE TO AN ENGINEERING ERROR WHICH IS THE RESPONSIBILITY OF
THE STATE OF WASHINGTON" be introduced and adopted.
ROLL €ALL VOTE: All Councilmen voting YES.
MOTION CARRIED
RESOLUTION NO. 445
It was moved by Holman, seconded by Sonnemann, that Resolution No. 445
entitled "A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY,
A RENEWAL LEASE AGREEMENT BETWEEN THE CITY OF AUBURN AND ROBERT KUZMER,
FOR AN OFFICE TRAILER LOCATED AT THE AUBURN MUNICIPAL AIRPORT, FOR A
TERM OF T\'ŒLVE MONTHS FROM JANUARY 1, 1971 TO JANUARY 1, 1972, INCLUSIVE"
be introduced and adopted.
ROLL CALL VOTE: All Councilmen voting YES.
MOTION CARRIED
APPROVAL OF VOUCHERS AND TRANSFERS
It was moved by Kline, seconded by Nickson, that the Voucher Approval
and Department List in the sum of $37l,848.73 be approved for payment.
Claims Warrants #2727-2894; 2895 through 3022. ~
ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED
MISCELLANEOUS BUSINESS
City Clerk Williams read letter from Boundary Review Board regarding
City of Algona Water District #101, for information purposes.
Mayor Kersey requested the letter be filed wi~htthe City Engineers.
There being no further business to come before the Council the Mayor
adjourned the meeting at 9:35 P.M.
APPROVED THIS 5TH DAY OF JANUARY, 1971.
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CITY CLERK
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PAYROLL:
$137,633.60 Warrants #4755 thcongh 5200; 4142 through
4258. (Changed banks)