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HomeMy WebLinkAbout08-04-1975 AUBURN, WASHINGTON MONDAY AUGUST 4, 1975 The regular meeting of the Auburn City Council convened at 8:00 P.M., in the Auburn City Council Chambers. ROLL CALL Councilmen Present: Councilman Lawler, Kitchell, Craig, Larson, Holman, Flechsig and Lea. APPROVAL OF MINUTES It was moved by Holman, seconded by Kitchell, that the Council Minutes of July 21, 1975, be approved with the following correction: Page 4, paragraph 3,-under PLANNING, BEAUTIFICATION & BUILDING CODES COMMITTEE should read "It was moved. by Larson, seconded by Holman, that the City Council authorize the Mayor and City Clerk to sign a cooperative agreement with King County Housing Authority for cost reimbursement ~~ for the minor repairs of the City's demolition/repair program as authorized and approved under Title I of the Community Development Act of 1974". MOTION CARRIED PUBLIC HEARINGS Mayor Kersey declared Public Hearing open on the request of Myra J. Toy, Exec. and Virgil Swanson to rezone from R-2 (Residential Single Family District) to R-TP (Mobile Home Park) a parcel of property located between 22nd and 14th Streets N.E. and between "M" Street N.E. and Green River Division No. 1. (Application No. 15-75) The Planning Commission recommends approval of this request to be conditioned on the following restrictions and that these restrictions be included in an agreement running with the land to assure the City and the adjacent property owners that they will be accomplished. The restrictions are as follows: (~) Because the rear yard setbacks are Less for R-TP development and whereas some of these lots with reduced rear yards abut private property not under the ownership of the petitioner or developer, a screen fence should be constructed around the perimeter of the park together with the installation of ornamental trees spaced twenty (20) to twenty-five (25) feet apart on the park side of the screen fence to provide additional screening. The screen fence to be a minimum of six (6) feet in height and the trees to be six (6) to eight (8) feet in height at the time of planting. (5) As we would require for any residential subdivision, the public streets abutting ("M" Street N.E. & 22nd Street N.E.) shall be improved to City standards by the installation of curb and gutter, street widening, sidewalk and street lighting. This involves the east side of "M" Street N.E. and the South side of 22nd Street N.E. abutting the site. ((,) Normally on a residential subdivision of this size, we would require a public park type of dedication. However, because of the existing parks in the area and the fact that this mobile home park will be for adults and provide their own recreation complex the normal playground type of public park is not necessary. I would recommend that in lieu of providing additional public park area, the .developer install some improvement within the Dykstra Park by the foot bridge which the residents of the mobile home park will use as access to the river. The type of improvements to be as recommended by the Park Board. The developer, Ron Severson of 1317 "O" Street N.E., discussed the setting and rules and regulations pertaining to the mobile home park. Mr. Keith Wiggins of loll Park Avenue, San Jose, California, explained the plot plan. The following individuals were opposed to the plan and raised questions: Frank Murphy of 1614 20th Street N.E., Linley Burnsworth of 2017 Pike N.E., Paul Pelland of 1401 .17th Street N.E., Clsarles Burns of 1625 22nd Street N.E. and Rick Hoffman of 1702 22nd N.E. Concern was voiced in regard to what affect the mobile home park would ~. have on the value of homes in the area, how the storm drainage problem would be affected and whether or not another type of development would be better for the area. The following individuals were in favor of the mobile home park: Merle Combs of 1416 20th Street N.E., Don Eddy of 1321 I7th Street N.E., Mrs. Saul Necker of 1921 Pike N.E. and Albert Larsen of 1513 22nd Street N.E. Councilman Craig asked the audience to indicate their positions with a show of hands. Twelve individuals raised hands in favor of the plan and six raised hands against it. ~:~ AUBURN,. WASHINGTON MONDAY AUGUST 4, 1975 It was moved by Holman, seconded by Lea, that the Public Hearing be closed. MOTION CARRIED Frank Shaughnessy of 1414 10th Street N.E. stated that it is the function of the Council to consider the overall picture and take action that will be.•in the'best-interest for everyone, as well as the City, and he pointed out that the change from R-2 to R-TP wiZ1 actually be more restrictive of the activities in that area than is the present zoning. It was moved by Flechsig, seconded by Lea, that the request of Myra J. Toy, Exec and Virgil Swanson to rezone from R-2 (Residential Single Family District) to R-TP (Mobile Home Park) be approved, the Planning Commission recommendations (Items 4, 5 & 6) be cpncurred with, together with the Plot Plans on file in ,the .Planning Department, and the City Attorney be directed to draw up the necessary ordinance. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED Mayor Kersey declared Public Hearing open on the request of Chuck DeLauro to amend Section 2 of the Zoning Agreement running with the land to allow the construction of a "7-11" Store. Section 2 of the Zoning Agreement restricted the use of the parcel of Zand to the construction of a professional office. The property is located on the southwest corner of Dogwood Street 5.E. and Auburn Way South. (Application No. 13-75) The Planning Commission recommends denial of this request because of the traffic problems that would result. The Developer, Chuck DeLauro of 805 Harvey Road, and the Construction Engineer, Bob Raymond, discussed their plan and presented aerial maps to the Council. Citizens voiced concern over the problems that would result from congestion and traffic flow and the following individuals spoke against the request: Parley Norseth of 2635 24th Street S.E., Don Parkison of 2410 Dogwood S.E., Bob Dukowitz of 2710 24th Street S.E., John Walenceus of 1436 EZm S.E., Tom Sergeant of 2735 24th Street S.E., Margaret Smart of 2420 Dogwood S.E. and Gerald Aldridge of 2725 24th Street S.E. It was moved by Craig, seconded by Lawler, that the Public Hearing be closed. MOTION CARRIED It was moved by Craig, seconded by Lawler, that the request of Chuck DeLauro to amend Section 2 of the Zoning Agreement running with the land to allow the construction of a "7-11" Store be denied because of the improper zoning and traffic hazard, ROLL CALL VOTE: Councilman Craig, Larson, Holman, Lea, Lawler and Kitchell voting YES. Councilman Flechsig ABSTAINED. MOTION CARRIED Mayor Kersey declared Public Hearing open on the request of N. R. and Yvette Hebert to rezone from R-2 (Residential Single Family District) to R-4 (Multiple Family Residential) a parcel of property Located at 310 "R" Street S.E. (Application No. 14-75) The Planning Commission recommends approval of this request in that it will conform to the development pattern existing and will tend to upgrade the area. The petitioner, Mr. Hebert, spoke in favor of the request. It was moved by Flechsig, seconded by Holman, that the Public Hearing be closed. MOTION CARRIED It was moved by Flechsig, seconded by Holman, that the request of N. R. and Yvette Hebert to rezone from R-2 (Residential Single Family District) to R-4 (Multiple Family Residential) be approved and the City Attorney be directed to draw up the necessary ordinance. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED AUBURN, WASHINGTON MONDAY AUGUST 4, 1975 Mayor Kersey declared Public Hearing open on the request of Auburn East Hill Development Company to rezone from R-2 (Residential Single Family) to a Conditional Use Permit for property located West of Dogwood Street S.E. and South of Skyway Lane. (Application No. 10-75) The Planning Commission recommends approval of this request provided that the following special provisions be incorporated into the Conditional Use Permit, also that special consideration be given for further separation between the multi-family units and the rear yards of the single family dwellings on the east side of Dogwood Street by the installation of a landscaping berm between the 4-plexes and Dogwood Street to provide a sight screen. The provisions are: (1) That the multi-family units be restricted to single story construction and that the plot plans and exterior elevations be attached to and become a part of the permit. (2) That prior to the issuance of any building permits for any multi-family or single family units the owner and/or developer shall submit to the Public Works Department for approval, plans for the disposal of storm water for the entire development. (3) That prior to the issuance of any building permits for the multi-family dwellings, the owner and/or developer shall submit to the Planning Department a performance bond or other form of surety in the amount of 100% of the cost of the streets and public utilities within the area to be subdivided for single family dwellings, to insure the City that this area will be platted and all public improvements are installed in conformance with the provisions of the City of Auburn Subdivision Ordinance. Lyle Schneider, Attorney at Law, and Tom Johnson of Federal Way explained the petitioners plans and Mr. Schneider pointed out that they have refiled their covenant and regulations for condominiums with the Planning Director. Opposition was voiced on this request because of the present traffic problems and it was noted that Sherwood Apartments are already in the area and the citizens feel they would like to retain the single family dwellings and residential community atmosphere. Those speaking against the request were: Arth Smith of 3045 Scenic Dr. S.E., Norman Vaugh of 1705 Dogwood Dr. S.E., Leroy Knight of 2901 Scenic Dr. S.E., Robert Desjean of 1443 Elm S.E. and John Walenceus of 1436 Elm S.E. It was moved by Lea, seconded by Kitchell, that the Public Hearing be closed. MOTION CARRIED It was moved by Holman, seconded by Flechsig, that the request of Auburn East Flill Development Company to rezone from R-2 to a Conditional Use Permit be approved, the Planning Commission recommendations be concurred with., along with Planning Department recommendations requesting separate travel trailer and-boat storage- area and requesting prot~isian 1Vo. 3 of the Planning Commission recommendations be amended to reflect no building permits be issued until the entire 19.83 acres are platted or subdivided (5chuler's memo, dated July 30, 1975, Ref. 75-356), and the covenant be included as part of the Plot Plans and the City Attorney be directed to draw up the necessary ordinance. ROLL CALL VOTE: Councilman Holman, Flechsig, Lea, Kitchell and Larson voting YES. Councilman Lawler and Craig voting NO. MOTION CARRIED At 10:23 P.M., Mayor Kersey called for a recess. The meeting reconvened at 10:33 P.M. CORRESPONDENCE The City Clerk read a Conditional Use Permit Application from David M. Siewerath and Michael J. Rubel. (Application No. 18-75) It was moved by Flechsig, seconded by Larson, that the Conditional Use Permit ~ Application from David M. Siewerath and Michael J. Rubel be referred to the Planning Commission for recommendations. MOTION CARRIED 4; AUBURN, WASHINGTON MONDAY AUGUST 4, 1975 BID OPENINGS Bids were opened July 29, 1975, 11:00 A.M., for construction of Storm Sewer Improvement No. 4, Contract No. 75-13. Bids were submitted as follows: HANSON EXCAVATING COMPANY, INC. $15,724.25 MORRIS CONSTRUCTION, INC. 19,623.97 JAMES A. GUESS COMPANY 20,592.47 R. T. TONNESEN CONSTRUCTION 21,058.95 TUCCI AND SONS, INC. 21,387.80 TONNESON CONSTRUCTION COMPANY 22,615.81 HOWARD SCHWICHT CONSTRUCTION COMPANY 24,777.09 KING CONSTRUCTION COMPANY 26,944.06 LDL LAND DEVELOPMENT COMPANY, INC. 32,536.70 The above bids were accompanied by Bid Bond; the above bids include Sales Tax. It is the recommendation of the pirector of Public Works, Pat Nevins, that the bid for Storm Sewer Improvement No. 4, Contract No. 75-13, be awarded to Hanson Excavating Company, Inc. on their low bid, as bid, of $15,724.25, bid not including sales tax but including use tax, and that irregularities and/or technicalities, if any, due to the inclusion of use tax in lieu of sales tax be waived. It was moved by Lea, seconded by Holman, that Storm Sewer Improvement No. 4, Contract No. 75-13, be awarded to Hanson Excavating Company, Inc. on their low bid of $15,724.25 and the Mayor and City Clerk be authorized to sign the contract. Bid bonds to be returned to R. T. Tonnesen Construction, Tucci and Sons, Inc., Tonneson Construction Company, Howard Schwicht Construction Company, King Construction Company and LDL Land Development Company, Inc. and upon signing of the contract, bid bonds to be returned to Morris Construction, Inc. and James A. Guess Company. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED On Ca11 for Bids for the sale of one 1968 Ford Custom 4 door sedan and one 1969 Plymouth Fury 4 door sedan for 10:00 A.M., July 31, 1975, NO BIDS WERE SUBMITTED. It was moved by Lea, seconded by Holman, that the Director of Public Works be allowed to Ca11 for Bids or sell at auction the 1968 Ford Custom 4 door sedan and the 1969 Plymouth Fury 4 door sedan. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED Bids were opened July 31, 1975, 11:00 A.M., for the sale of surplus equipment: 1 Electric Rex Rotary RR2000 Stencil Cutter and Stand. Bids were submitted as follows: DOUGLAS J. 5TEFFENS, 16415 194th S.E., Renton $251.50 OLYMPIC DISTRIBUTORS, 325 2nd West, Seattle 250.00 RUTH KNORR, Suite 26, 222 Williams Avenue South, Renton 41.50 It was moved by Holman, seconded by Flechsig, that the bid for the sale of 1 Electric Rex Rotary RR2000 Stencil Cutter and Stand be awarded to Douglas J. Steffens on his high bid of $251.50. ROLL CALL VOTE: A11 Councilmen voting YES. MOTION CARRIED Bids were opened July 31, 1975, 11:00 A.M., for the sale of surplus equipment: 1 Electric A. B. Dick 550 Mimeograph and stand. Bids were submitted as follows: CITY OF PACIFIC $251.95 JACKIE DENNIS, 13636 S.E. 297th, Auburn 150.00 RUTH KNORR, Suite 26, 222 Williams Avenue South, Renton 41.50 It was moved by Flechsig, seconded by Lawler, that the bid for the sale of 1 Electric A. B. Dick 550 Mimeograph and stand be awarded to the City of Pacific on their high bid of $251.95. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED RECOMMENDATIONS AUBURN, WASHINGTON The following items were submitted by the Director of Public Works, Pat Nevins, for Council Approval: MONDAY AUGUST 4, 1975 Authority to call for bid on Storm Sewer Improvement No. 17, East Academy Storm Drain. It was moved by Holman, seconded by Larson, that authorization be given to the Director of Public Works to call for bids for Storm Sewer Improvement No. 17, East Academy Storm Drain. MOTION CARRIED ROLL CALL VOTE: All Councilmen voting YES. Pay Estimate No. 15 to Venture Construction Company for Water Improvement No. 90, Reservoir No. 1, in the amount of $8,996.77. Pay Estimate No. 14 to venture Construction Company for Water Improvement No. 77, Reservoir No. 2, in the amount of $18,990.27. It was moved by Flechsig, seconded by Lea, that Pay Estimate No. 15 to Venture Construction Company, for $8,996.77, be approved for payment. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED 1 It was moved by Flechsig, seconded by Larson, that Pay Estimate No. 14 to Venture Construction Company, for $18,990.27, be approved for payment. ROLL CALL VOTE: A11 Councilmen voting YES. MOTION CARRIED The following item was submitted by the Director of Planning and Community Development, George Schuler, for Council Approval: Pay Estimate No. 3 to Mel Streeter - Paul Dermanis and Associates for basic services - Phase 1 (Program Phase) for development of a New Municipal Building Master Plan, in the amount of $2,070.00. It was moved by Lawler, seconded by Kitchell, that Pay Estimate No. 3 to Mel Streeter - Pau1 Dermanis and Associates, for $2,070.00, be approved for payment. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED PROCLAMATIONS, APPOINTMENTS AND ANNOUNCEMENTS Mayor Kersey announced that a meeting will be held at 7:30 P.M., August 28, 1975, at Kent City Ha11, for the purpose of reviewing the Watershed Project. This will be a public meeting and anyone with questions or comments should attend or submit the same to City of Kent. COUNCIL COMMITTEE REPORTS f BUILDING COMMITTEE - CHAIRMAN LAWLER Chairman Lawler announced that the next Building Committee Meeting will be held at 7:30 P.M., August 11, 1975. AIRPORT COMMITTEE - CHAIRMAN KITCHELL Chairman Kitchell announced that the next Airport Committee Meeting will be held at 7:30 P.M., August 5, 1975. PUBLIC SAFETY COMMITTEE - CHAIRMAN CRAIG The Public Safety Committee met at 7:30 P.M. on July 23, 1975. Chairman Craig reported on the Committee Meeting and the Minutes are a matter of Public Record on file in the City Clerk's Office. AUBURN,.WASHINGTON MONDAY AUGUST 4, 1975 The Committee discussed and recommends approval for a Master Solicitor's License for Anni Mattle. It was moved by Craig, seconded by Lawler, that approval be given for issuance of a Master Solicitor's License to Anni Mattle. PLANNING & BEAUTIFICATION COMMITTEE - CHAIRMAN CARSON MOTION CARRIED Chairman Larson announced that the next Planning & Beautification Committee Meeting will be held at 7:30 P.M., August 12, 1975. FINANCE COMMITTEE - CHAIRMAN HOLMAN The Finance Committee met at 7:30 P.M., July 31, 1975. Chairman Holman reported on the Committee Meeting and the Minutes are a matter of Public Record on file in the City Clerk's Office. The Committee discussed payment for eye glasses for a uniformed officer (information and report from LEFF & FRP Board). Letter from our City Attorney and the Assistant Attorney General's Office were reviewed. The LEFF Board, by vote of 2 - 1 recommended paying the bill. Question to be resolved is: Are glasses an obligation of the Retirement Board when need is not a result of accident. Question of requirement or not is determination required of Council. The Finance Committee defers recommendation to the Council for decision, as the Council decision is requirement necessary for final determination. The City Attorney explained that his opinion is based on the act as written and is a literal opinion; whereas, the Assistant Attorney General's opinion is based upon the intent of the legislature.. It was moved by Flechsig, seconded by Holman, that the $33.94 claim submitted by Ray Nixon, to the LEFF Board, for payment of glasses be approved. ROLL CALL VOTE: Councilman Flechsig, Lawler, Craig and Larson voting NO. Councilman Lea, Kitchell and Holman voting YES. MOTION FAILED The Committee reviewed an agreement received from the Washington Department of General Administration which is required for the City to participate in purchases through State Contract under Inter Local Cooperative Act. This agreement reserves the right for the City to purchase elsewhere or under contract. The Committee recommends authorization be given to sign said contract. It was moved by Holman, seconded by Flechsig, that authorization be given to the Mayor to sign the contract agreement mentioned above. ROLL CALL VOTE: All Councilmen voting YES. UTILITY COMMITTEE - CHAIRMAN FLECHSIG MOTION CARRIED The Utility Committee met at 7:30 P.M., July 24, 1975. Chairman Flechsig reported on the Utility Committee Meeting and the Minutes are a matter of Public Record on file in the City Clerk's Office. The Committee discussed the Ribco PZan and is in favor of the Solid Waste Management Plan. It was moved by Flechsig, seconded by Kitchell, that the Council support the Mayor and authorize him to vote supporting the Solid Waste Management Plan; also, the Council shall support the Mayor and authorize him to vote supporting three other items - water pollution, water resources and urban drainage and if approved, the Mayor shall request these items to go before the people for a vote. MOTION CARRIED AUBURN, WASHINGTON MONDAY STREET COMMITTEE - CHAIRMAN LEA AUGUST 4 , 1975 The Street Committee met at 7:45 P.M., July 23, 1975. Chairman Lea reported on the Committee Meeting and the Minutes are a matter of Public Record on file in the City Clerk's Office. The next Street Committee Meeting will be held at 7:30 P.M., August 13, 1975. OLD BUSINESS No action taken on Ordinance No. 2896 pertaining to codification of ordinances. (This ordinance was introduced only on July 16, 1975) ORDINANCES AND RESOLUTIONS ORDINANCE NO. 2899 It was moved by Flechsig, seconded by Kitchell, that Ordinance No. 2899 entitled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, DELETING AUBURN CODIFIED CITY ORDINANCE 10.04.475 (SEPTEMBER 16, 1974) PERTAINING TO SEWER RATE INCREASE WITHIN THE CORPORATE LIMITS OF THE CITY OF AUBURN." be introduced and adopted. ROLL CALL VOTE: A1I Councilmen voting YES. MOTION CARRIED ORDINANCE N0. 2900 ~ It was moved by Craig, seconded by Lawler, that Ordinance No. 2900 entitled "AN r°s ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF A PARCEL ~' OF LAND LOCATED ON THE EAST SIDE OF "I" STREET NORTHEAST IN THE 2200 BLOCK, SITUATE ~ IN THE CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION THEREOF FROM ~~'" R-2 TO R-4." be introduced and adopted. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED RESOLUTION NO. 687 It was moved by Lea, seconded by Craig, that Resolution No. 687 entitled "A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR OF THE CITY OF AUBURN, TO ENTER INTO A CONTRACT WITH THE STATE OF WASHINGTON, DEPARTMENT OF HIGHWAYS, FOR THE INSTALLATION OF TRAFFIC SIGNALIZATION, CHANNELIZATION AND INTERSECTION LIGHTING AT 2ND SOUTHEAST & "A" SOUTHEAST, 2ND SOUTHEAST & AUBURN WAY SOUTH AND 4TH NORTHEAST & AUBURN WAY NORTH." be adopted. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED RESOLUTION NO. 688 It was moved by Lea, seconded by Holman, that Resolution No. 688 entitled "A RESOLUTION OF THE CITY OF AUBURN, TO ENTER INTO AN AGREEMENT WITH THE STATE OF WASHINGTON, DEPARTMENT OF HIGHWAYS, FOR THE WIDENING OF 37TH STREET NORTHWEST AND THE WEST VALLEY HIGHWAY, FOR A TOTAL LENGTH OF 0.25 MILES." be adopted. ROLL CALL VOTE: A11 Councilmen voting YES. MOTION CARRIED RESOLUTION NO. 689 It was moved by Craig, seconded by Lea, that Resolution No. 689 entitled "A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, REPEALING AUBURN RESOLUTION NO. 580 (JUNE 4, 1973) AND REDESIGNATING THE MEMBERS, POWERS AND DUTIES OF ALL STANDING COMMITTEES OF THE CITY COUNCIL OF THE CITY OF AUBURN." be tabled until the next Council Meeting. MOTION CARRIED VOUCHER APPROVAL LIST. It was moved by Holman, seconded by Flechsig, that the Voucher Approval List dated July 31, 1975, in the amount of 51,905,569.76, be approved. ROLL CALL VOTE:- All Councilmen voting YES. MOTION CARRIED AUBURN,. WASHINGTON MONDAY AUGUST 4, 1975 MISCELLANEOUS BUSINESS The City Clerk read a Zone Change Application from Clarence D. Gardner. (Application No. 19-75) It was moved by Lea, seconded by Lawler, that the Zone Change Application from Clarence D. Gardner be referred to the Planning Commission for recommendations. MOTION CARRIED There being no further business to come before the Council, the meeting was adjourned at 11:35 P.M. ~PRQhE THIS 5TH DAY OF AUGUST, 1975. -~ /,cl-s7 ELI! Yom. A Y O R i