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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 I 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 I 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 I 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. I 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 I 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 I I I 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 I 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. I 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. I 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 I I I AUBURN, WASHINGTON MONDAY JANUARY 4, 1971 1""""'" ')f-l- '-_ t . 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. q ¿ Yl ¿j uJ.;lt~ j CITY CLERK ~,L)r? du,~ ( A Y 0 R ~ .. PAYROLL: $137,633.60 Warrants #4755 thcongh 5200; 4142 through 4258. (Changed banks)