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-