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HomeMy WebLinkAbout10-21-1985CITY OF AUBURN COUNCIL MEETING MINUTES October 21, 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 7:33 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, 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 were John Anderson, Airport Manager; Ted Beach, Planning Dept. Assist. Planner; and various members of the Auburn Police Department. Councilmember Kurle was excused. C. Announcements and Appointments Announcements ' 1. A ceremony giving recognition to City of Auburn Police Officers Brunette and Glasgow was held for their performance beyond the call of duty. On September 22, 1985 Officers Brunette and Glasgow answered an emergency call received by Valley Com regarding a non-breathing child. Upon arrival at the scene the officers administered CPR and the child began to breathe. The Mayor presented an award of recognition to the officers, and Chief Evans introduced Brunette and Glasgow to the audience. 2. Mayor Roegner stated he received correspondence on 10/17/85 from Councilmember Gene L. Colburn indicating he wished to resign effective imme- diately from the Auburn City Council. MOTION by Larson, SECOND by Burns to accept the resignation of Councilmember Gene L. Colburn. MOTION CARRIED UNANIMOUSLY Appointments 3. Appointments of Whittall as Finance Committee Chairman, and Walters as Municipal Services Committee Vice Chairman to succeed Colburn's position on the committees. MOTION by Burns, SECOND by Wisner to appoint Whittall as Finance Committee Chairman, and Walters as municipal Services Committee Vice Chairman to succeed Colburn. MOTION CARRIED UNANIMOUSLY -I- Revised 10,30/85 AUBURN COUNCIL MINUTES PAGE TWO OCTOBER 21 D. Agenda Modifications included correspondence from Bob Smythe and minutes of the Finance Committee Meeting. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE II. Public Heari A. Robert Lloyd request to amend ordinances 3549 and 3550 in order to allow him to continue removing material while he is securing a renewal for another Special Property Use Permit for his gravel removal site located east of 60th Avenue S.E. and lying between South 320th and 15th Street N.W. Bob Smythe, attorney for Lloyd, stated he received a letter from Bereiter indicating he felt it was appropriate for Lloyd to continue his project on the existing permit pending his new permit renewal applications. Smythe also noted Bereiter's approval of the indemnification grant offered at the 10/7/85 Council Meeting releasing the City of Auburn of any damages if Lloyd is able to continue the project. Smythe informed the Council that 68 days had elapsed since the applications had been submitted, and that it was more than the average time allowed for due process. He felt the delay was not the fault of either the applicant or the City, but it was a matter that had progressed already beyond the ordinary time to take the Council to consider it and is one reason why the Council should grant the request. He stated Lloyd would not process or attempt to process on site during the extention period. Smythe believed the ' City is presently adequately protected as far as any concern relative to Lloyd's operation during the extention. He confirmed Lloyd would indemnify the City if the action was rescinded. By Lloyd not being able to participate in his business a financial burden had been created, mentioned Symthe. The Council's consideration was requested to grant the amendments to ordinances 3549 and 3550. MOTION by Wisner, SECOND by Walters to close the public hearing. MOTION CARRIED UNANIMOUSLY Mayor Roegner noted Bereiter did not make a recommendation that the Council continue the request of Lloyd, but indicated that it would be appropriate for the Council to consider the request. Wisner asked Smythe why Lloyd waited until May to determine if he wanted the same use of the property or another type of residential property use. Smythe felt Lloyd probably considered it throughout the term of the permit, but not until multi-family dwellings had been an accumulating issue had Lloyd realized the need to re-evaluate the project. Wisner asked if Lloyd was aware that processing was prohibited on the southwest 40 acres, but was not on the north site. Smythe replied that Lloyd had insisted he was on the north portion of the property. Wisner questioned how long ago the processing equipment had been dismantled. About the time the original permit expired, Smythe responded. Dugan was asked if Lloyd -2- 1nR AUBURN COUNCIL MINUTES PAGE THREE OCTOBER 21, 1985 II. Public Hearings (continued) was advised of the amendment to the original ordinance prohibiting the use of a crusher on both north and south sites. Dugan stated the only ordinance which authorized the use of a crusher, which applied to the north half, was passed in 1977 and expired in 1982. The ordinance that was passed in 1980 prohibiting the operation of a crusher on the north site was acknowledged by Lloyd. There are records of his testimony. Smythe confirmed Wisner's statement that if the extention was granted until 12/31/85, Lloyd would not process any more gravel on the site. Larson questioned Bereiter under what circumstances was the passage of the ordinance in 1980. Bereiter referred the question to Dugan. Dugan stated it was on the applications for renewal of both ordinances. The ordinance for the south site expired in 1980. At that time Lloyd applied for renewal for both sites even though the ordinance had not expired for the north. Wisner asked Dugan if in 1977 a permit was issued to Lloyd until 1980. Dugan replied permits were issued in 1975 on both sites, and expired in 1980. In the interim, because Lloyd desired to operate a crusher on the sites, Lloyd applied for a permit and an ordinance was passed in 1977 to operate a crusher for five years. In 1980, the base permits expired, and Lloyd applied for renewals. Only one ordinance was signed, and Dugan remarked he did not know the reason behind it. ' Whittall questioned if there was a limit to the amount of gravel to be removed. Dugan replied that the City's regulatory interest, from all the permits that have been issued, has been regarding the final slopes. Regulation of the amount of material to be removed has not been done to determine final slope. A reporting of the amount is required in order to keep progress of the activities on the site. Mayor Roegner asked about the progress of the activites in regards to the sloping. The southern site, upper part of the pit, is getting close to those slopes. Most of the remaining work is on the northern site which is the lower part of the pit near 15th Street. There isn't a great deal of material left to be removed on the south, Dugan responded. Whittall asked Dugan if there would be any reason why two and a half more months of removing gravel would be bad for the sloping activities. Dugan felt there were none. MOTION by Wisner, SECOND by Larson to approve the , extention of the permit through 12/31/85 with a provisional that the City would be indemnified, -3- Revised l09 AUBURN COUNCIL MINUTES PAGE FOUR OCTOBER 21, 1985 II. Public Hearings (continued) and with a provisional that no crushing would occur. If it does the operation would be closed down, and the temporary extention of the permit would be revoked immediately. Burns voted no. MOTION CARRIED MOTION by Wisner, SECOND by Larson to introduce and adopt Ordinance 4091. Burns voted no. MOTION CARRIED B. _Bert Robison request to rezone from C-4 (with conditions to C-4 (without conditions) and a rezone from Unclassified to C-4 property 4.10 acres in size and located on the southeast corner of 52nd and "G" Street N.E. Bob Smythe, attorney for Robison, referred to his correspondence of October 16, 1985 to the Planning Commission requesting reconsideration of Robison's application for rezone. He requested the public hearing be continued so the Planning Commission could have the opportunity to review it at the next Planning Commission meeting and determine if they wished to consider it. The reconsideration included a request to have the contract zoning continued for an additional five years rather than the one year period recommended by the Planning Commission. A document signed by J. Eddie Ryan, member of the Planning Commission, requesting the Planning Commission hear the Request for Reconsideration was given to the Council. MOTION by Wisner, SECOND by Larson to close the Public Hearing . MOTION CARRIED UNANIMOUSLY A discussion was made regarding the motion. MOTION by Wisner, SECOND by Larson to continue hearing to the next City Council Meeting after the Planning Commission Meeting, with notification of public hearing date published. MOTION CARRIED UNANIMOUSLY C. City of Auburn request to rezone from M-2 (Heavy Industrial) to LF (Airport Landing Field District) property 5+ acres in size located on the north side of 23rd St. N.E. between "D" and "E" Street N.E. MOTION by Wisner, SECOND by Larson to close the public hearing. MOTION CARRIED UNANIMOUSLY MOTION by Larson, SECOND by Wisner to approve the rezone from M-2 to LF based upon the Findings of Fact as outlined and to instruct the City Attorney to to prepare the necessary ordinance. MOTION CARRIED UNANIMOUSLY D. Audience Participation - None -4- j- 110 AUBURN COUNCIL MINUTES PAGE FIVE OCTOBER 21, 1985 E. Correspondence 1. Smythe letter on Lloyd is of public record. 2. Smythe letter on Robison is of public record. COUNCIL COMMITTEE REPORTS III. A. Municipal Services - Committee Member Pete Whittall - Whittall requested the Council's approval of Change Order No. 8 - Contract 84-17, to Gordon Korsmo Construction Co. MOTION by Whittall, SECOND by Walters to approve Change Order No. 8 - Contract 84-17, to Gordon Korsmo Construction Co. in the amount of $17,800, plus tax, for paving and landscaping of Auburn North and South Fire Stations. MOTION CARRIED UNANIMOUSLY 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 - Minutes are of public record. CITIZEN INPUT IV. Burns suggested that the Muckleshoot Indians be notified regarding removal of Fireworks stands along Auburn Way South. CONSENT AGENDA ' V. A. Minutes - October 7, Regular Meeting. B. Vouchers 1. Claims #17879-18179 the amount of $1,005,959.33. 2. Payroll #110689-110855 in the amount of $214,511.32. C. Utility Bill Adjustments 1. Account #449-3390 in the amount of $527.84. 2. Three accounts totalling $2,509.24. D. Change Orders 1. No. 2 to M.A. Segale for St. Imp. 260, increase in the amount of $19,934.60. 2. No. 1 to Valley Cement Construction for Sanitary Sewer Imp. No. 64, increase in the amount of $4,300.00. 3. No. 2 to Valley Cement Construction for St. Imp. 167, increase in the amount of $3,837.00. 4. No. 2 to M.A. Segale, Inc. for LID 332, increase in the amount of $5,003.35. E. Surplus Property Declaration MOTION by Larson, SECOND by Burns to approve Consent. Agenda items A through E. MOTION CARRIED UNANIMOUSLY OLD BUSINESS VI. OLD BUSINESS - None -5- Revised . AUBURN COUNCIL MINUTES PAGE SIX OCTOBER 21, 1985 NEW BUSINESS VII. Ordinances and Resolutions A. Ordinance 4089 - Creates and establishes a fund of the City to be known as the "Golf Course Fund" and provides for its expenditures. MOTION by Wisner, SECOND by Walters to introduce and adopt Ordinance 4089. MOTION CARRIED UNANIMOUSLY B. Ordinance 4090 - Prohibits parking along the south side of 22nd Street N.E. between Auburn Way North and "E" Street N.E. and along the east side of "E" Street N.E. from 22nd Street N.E. 350 feet south. MOTION by Larson, SECOND by Burns to introduce and adopt Ordinance 4090. MOTION CARRIED UNANIMOUSLY Discussion was made regarding the standard of the streets. C. Ordinance 4091 - Amends Ordinance 3549 and 3550 extending the gravel permits for Robert Lloyd to midnight December 31, 1985. Passed under Public Hearing Section II A. D. Ordinance 4092 - Amends Section 1 of Ordinance 4030 to allow a 54-unit motel instead of a 50-unit motel. MOTION by Wisner, SECOND by Walters to introduce and adopt Ordinance 4092. MOTION CARRIED UNANIMOUSLY E. Resolution 1630 - Authorizes the Mayor and City Clerk to execute a contract with Douglas J. Campbell ' for Golf Pro Services at the Auburn Golf Course. MOTION by Wisner, SECOND by Walters to adopt Resolution 1630. MOTION CARRIED UNANIMOUSLY F. Resolution 1631 - Authorizes behalf of the City from King the Auburn Golf Course and I cost to the City of Auburn. by Burns to adopt Resolution UNANIMOUSLY MAYOR'S REPORT VIII. MAYOR'S REPORT - None the Mayor to accept on County their portion of ssac Evans Park at no MOTION by Wisner, SECOND 1631. MOTION CARRIED EXECUTIVE SESSION and ADJOURNMENT IX. The meeting was adjourned at 9:09 p.m. to an executive session to discuss personnel matters. X &V-,Z Bob Roegner, Ma or Darlene L. Cruz, City rk ill -6-