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HomeMy WebLinkAbout10-07-1985101 CITY OF AUBURN COUNCIL MEETING MINUTES October 7, 1985 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 attendance in the pledge of allegiance. B. Roll Call Those in attendance included mayor Bob Roegner, Councilmembers Burns, Kurle, Larson, Walters, Whittall, and Wisner; staff members Jack Bereiter, City Attorney; Len Chapman, Parks & Recreation Director; Dan Clements, Finance Director; Frank Currie, Public Works Director; Pat Dugan, Planning Director; Jake Evans, Police Chief; Bob Johnson, Fire Chief; Gretel Sloan, Personnel Director; and Darlene Cruz City Clerk. Also in attendance was Dick Deal, Parks & Rec. Assist. Director/Maintenance Development Director. Councilmember Colburn was excused. C. Announcements and Appointments 1. Announcements a. Designation of Mayor Roegner as voting delegate, and Linda Wisner as alternate voting delegate at the Annual Congress of Cities Annual Business Meeting. MOTION by Larson, SECOND by Burns to designate Mayor Roegner as voting delegate, and Linda Wisner as alternate voting delegate at the Annual Business Meeting of the NLC Conference December 7-11, 1985. MOTION CARRIED UNANIMOUSLY. The Mayor announced Valley Com will be holding an open house on October 22 at 1:30 p.m. to honor their new facility at 23807 98th Avenue So., Kent. Mary Stanton, newly hired Library Director, was welcomed and introduced to the Council by Mayor Roegner. 2. Proclamations - Mayor Roegner read two proclamations: a. Bible Week, November 24 through December 1, 1985. b. Help Firefighters Give Burns the Boot Day, October 5, 1985 - Mayor Roegner thanked the Auburn Fire Department staff for their work on October 5, and Chief Johnson accepted the proclamation on behalf of the Fire Department. After the proclamation was presented, Mayor Roegner presented Councilmember Burns with a t-shirt in humor of the ..Give Burns the Boot Day proclamation". -1- 102 AUBURN COUNCIL MINUTES PAGE TWO OCTOBER 7, 1985 D. Agenda Modifications included correspondence from Bob Smythe, attorney for Robert Lloyd; bid summaries for Section V Item E, and Ordinance 4088. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings - None B. Audience Participation Mr. Smythe, attorney representing Lloyd, informed the Council Lloyd applied for a renewal on his Special Property Use Permit which expired 9/25/85. Lloyd was sub- jected to due process of a late renewal because he did not anticipate it would take longer than thirty days. Smythe asked the Council to allow Lloyd to continue operation of his project pending the decision of the Hearing Examiner's public hearing on October 30. He told the Council there was no legislation, and the City Council has authority to act on it. He stated there had been no damages as a result of Lloyd's operation, but unless Lloyd is allowed to continue the project while the permit renewal was being considered he would indemnify the City. Leon Stucki, 724 Hi-Crest Drive, who had concerns of the Lloyd project said he spoke on behalf of an approximate one hundred citizens who had attended meetings to seek out future planning of the City. Stucki stated there had been numerous situations that have occurred based on whether the original plans for the graval pit that had applied five years ago and if they were worth keeping now. He mentioned some of the input by individuals at hearings previously held - Fugate, Auburn School District Superintendent, was concerned with the four lane arterial; neighbors wondered if such a road up the hill made sense. A map was presented to the Council, and Stucki remarked on how the developers and neighbors were in unison. He felt the subject should be worthy of studying, and encouraged the Council to look at the area and hear what the neigh- borhood had to say. He felt most of the people in atten- dance seemed to be very flexible and accommodating on attaining the general quality of the neighborhood. He stated citizens are constantly being faced with the Comprehensive Plan. Stucki suggested to the Council they appoint a special committee so there may be a vehicle to represent the citizens. Kurle questioned why the gravel pit was closed. Dugan replied the permit had expired and application for renewal was late. Lloyd was advised in May of making application for renewal. Kurle asked City Attorney Bereiter to elaborate on his letter of October 3, 1985. Bereiter said that he was advised under the ordinance that the City had no authority to allow Lloyd to continue his project pending consideration of his application. Kurle asked if there was anything that could be done. Bereiter's response was that he would investigate it. Walters asked Lloyd why he waited until August to renew his permit if he was advised in May. Lloyd said he felt that the due process was quite timely. He had applied for renewal thirty days before his permit expired. Walters asked what was the normal time for permit renewal. Dugan replied he normally allowed two months, and Lloyd needed to anticipate the time in order to keep his project open. -2- 103` AUBURN COUNCIL MINUTES PAGE THREE OCTOBER 71 1985 B. Audience Participation (Continued) Whittall questioned Dugan if he informed Lloyd of the time necessary to process the permit. Dugan replied yes. Whittall asked what the status was. Dugan stated it had been postponed until 10/30/85 because Lloyd decided to redo the original permit. Mr. Symthe was asked for his opinion. Symthe told the Council the public hearing was going on for a long period of time, and Diane VanDerbeek, Hearing Examiner, asked if Lloyd was going to withdraw his application. Lloyd had indicated he did not so VanDerbeek said the hearing would continue. Whittall asked if there had been any changes to the application. Smythe replied no. Dugan commented on the issue - Lloyd indicated a desire to meet with neighbors, and he wanted to follow the due process. Whittall asked about the road status. Dugan responded the original permit granted required a commit- ment that excavated gravel would be put for use. Dugan stated the road is not feasible without excavation. Consequently, he would review any new permit on that pro- perty. Dugan expected to have a draft plan by the end of the year. Walters questioned if Lloyd had not altered the permit, could Dugan have issued a renewal. Dugan said he was con- sulted a week prior to the hearing date,'and there were not grounds to issue the permit. Bereiter concluded Dugan did not have authority. Whittall asked Dugan of basis of non-renewal. Dugan stated findings were deficient, but it was no fault of the action. During the hearing, allegations were made of the existing permit and he would not issue a permit if allega- tion of a crusher on site was significant. Dugan did not know how long the crusher had been on site, but noticed it when he visited the site after the hearing date. Symthe said the two permits - north mining and south, pro- hibited the operation of a crusher on the south half, but not so on the north side. Dugan informed the Council Lloyd operated a crusher throughout issuance of the per- mits and the City made no objections until two weeks before the permits expired. There is a signed ordinance that prohibited a crusher on the south side, and it has been prohibited since 1962 on the north side, Dugan stated. Walters asked why the Planning Department did not approach Lloyd because of the illegal crusher. Dugan replied it was not noted as being on site. Larson asked if both permits were expired and if they were being changed. Dugan responded yes, they are expired and substantially similar to the original permits. The con- cept of the road is the same, but the location of the units and elevations have been changed. Larson asked Bereiter if there was any way the Council could issue a temporary permit under the old application for a specific amount of days. Bereiter replied he could not respond at that time, but would consider the concept. He suggested if it was the sentiment of the Council to authorize the permit they may do so before his opinion. Larson remarked that workers had been laid off, and questioned if the City would be in a bind to allow them to work pending the hearing. Burns concurred with Larson's concept. -3- AUBURN COUNCIL MINUTES PAGE FOUR OCTOBER 7, 1985 Kurle asked if the City and Lloyd could have the hearing sooner than scheduled. Dugan stated due process is usually done, and problems may arise if it deviated from the norm. Bereiter commented that there is no liability if the City were to deviate, and others may be opposed because they were told a certain date. Whittall said a 14-day continuance of work would be mini- mal and suggested to make it a 30-day extention if possible. Walters concurred with Whittall and felt Lloyd should not have to wait for a month after expiration of permits to find out if he may have a renewal. Walters stated that no complaints were received because of the crusher. Currie confirmed there were no complaints. Wisner requested a copy of the existing ordinance that per- tained to the permit that is to be extended. MOTION by Larson, SECOND by Walters to refer item to City Attorney for legal study and to continue discussion at the next Council meeting. MOTION CARRIED UNANIMOUSLY C. Correspondence - None COUNCIL COMMITTEE REPORTS III. A. Municipal Services - Chairman Don Kurle - Minutes are of public record. Kurle made the Council aware that the fire station bid call was revised to be more specific on the easement. B. Planning & Community Development - Chairman Linda Wisner - Minutes are of public record. , C. Public Works - Chairman Bud Larson - Minutes are of public record. D. Finance - Vice Chairman Linda Wisner - Reported on meeting held prior to Council meeting. Minutes will be public record when transcribed. CITIZEN INPUT IV. Burns expressed concerns on Highway 18. He requested the Public Works department keep track of the contractors on the project. CONSENT AGENDA V. A. Minutes - September 16, regular meeting. B. Vouchers 1. Claims #17528-17878 the amount of $419,794.45. 2. Payroll #110188-110688 in the amount of $519,047.62. C. Accounts Receivable Write-Offs - Authorize write-o;:f of thirty- seven (37) delinquent accounts totalling $4,572.28. D. Call for Bid - Old fire station site sale. E. Bid Awards 1. Contract 85-19 - Les Gove playground equipment awarded to XLS Enterprises, Inc. in the amount of $32,187.24. 2. Contract 85-17A - Construction of Cemetery roadway awarded to M.A. Segale, Inc. in the amount of $19,121.40. 3. Contract 85-17B - Construction of Cemetery Cr1rpt 4liall awarded to XLS Enterprises, Inc. in the amount of $25,578.72. 4. Street Improvement #268 - Construction of "B" Street Parking Lot awarded to S & R Grader Service, Inc. in tie amount of $79,398.20. -4- . ? . 145 AUBURN COUNCIL MINUTES PAGE FIVE OCTOBER 7, 1985 V. Consent Agenda (Continued) F. Surplus of Units 1. #64031-73 - 1973 One Ton, Two Yard Ford Dump. 2. #6425A-71 - 1971 Two Ton, Five Cubic Yard Dump Dodge. G. Library Grant Application - Authorize grant application for Auburn Library. MOTION by Larson, SECOND by Walters to approve Consent Agenda Items A through G. MOTION CARRIED UNANIMOUSLY OLD BUSINESS VI. Don Hodson Rezone from R-2 (Single Family) to R-3 (Duplex), property located on the north side of 29th Street S.E. in the 800 block. Dugan gave an update on the principles of the rezone, and told the Council the Planning Commission recommended denial of the rezone. Dugan stated the Comprehensive Land Use Plan supported the City's plan. MOTION by Wisner, SECOND by Burns to deny the rezone from.R-2 to R-3 as recommended by the Planning Commission. MOTION CARRIED UNANIMOUSLY NEW BUSINESS VII. Ordinances and Resolutions A. Ordinance 4087 - Approves rezoning of a parcel of land 1.5 acres in size located west of 148th Avenue S.E. in ' the 364th block from Unclassified to R-S (Single Family Residential). MOTION by Wisner, SECOND by Walters to introduce and adopt Ordinance 4087. MOTION CARRIED UNANIMOUSLY B. Ordinance 4088 - Aproves and confirms the final assessment roll for LID 335. MOTION by Wisner, SECOND by Walters to introduce and adopt Ordinance 4088. MOTION CARRIED UNANIMOUSLY C. Resolution 1627 - Authorizes the Mayor and City Clerk to execute agreement with Puget Sound Power and Light Company for undergrounding utilities on "B" Street to Auburn Way North and on 30th Street N.W. and N.E.. MOTION by Larson, SECOND by Kurle to.adopt Resolution 1627. MOTION CARRIED UNANIMOUSLY D. Resolution 1629 - Approves the Permit to place a mobile- phone communications tower upon the City's watershed property. MOTION by Larson, SECOND by Burns to adopt Resolution 1629. MOTION CARRIED UNANIMOUSLY MAYOR'S REPORT VIII. Mayor's Report - None IX. Executive Session and Adjournment The meeting was adjourned at 8:51 p.m. to an executive s sion to scuss bargaining negotiations. Bob Roegner, Ma or Darlene L. Cruz, City erk -5-