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HomeMy WebLinkAbout11-03-1975AUBURN, WASHINGTON MONDAY NOVEMBER 3, 2975 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, Larson, Holman, Flechsig and Lea. Councilman Excused: Councilman Craig. a APPROVAL OF MINUTES It was moved by Holman, seconded by Kitchell, that the Council Minutes of October 20, 1975, be approved as mailed. MOTION CARRIED PUBLIC HEARINGS The City Clerk read a letter from Jay Wood, Auburn Planning Commission, regarding the rezone request of Edit1~ B. Clark. He stated iris vote was cast to recommend a rezone of R-4; however, after reviewing the neighborhood he now feels that the City Council should follow the recommendation of the Planning Department for R-3 zoning and if that is not possible, he suggests that consideration be given to the creation of a buffer zone of R-3 zoning on the North side of Mrs. Clark's property. Mayor Kersey declared Public Hearing open on the request of Edith B. C1 ark to rezone from R-2 (Residential Single Family) to R-4 (Multi-Family) a parcel of land 4.5 acres in size, located at the northwest corner of 29th and "M" Street S.E. (Application ~"" No. 21-75) ~'"' The Planning Commission recommends approval of the R-4 (Multi-Family) zoning because ~: it does conform to the Comprehensi ve Development Plan for Auburn. I_ I ~~~ Duncan Bonjorni, Attorney representing Mrs. Clark, submitted a list with names of persons who approve of the rezone request. He also stated, due to his error, that the portion of property located on the southwest corner of 29th Street 5.E. should be included in the rezone request. He stated that the R-4 zoning is appropriate for the necessary use of the property. Robert Armstrong of 1110 28th Street S.E., Evelyn Hayne of 1127 28th Street S.E. and Sandra Yuhasz of 1006 28th Street S.E. voiced concern and opposition to the rezone request of Mrs. Clark. It was pointed out that the Planning Commission vote would appear to be 3 to 2 against the R-4 zoning after receipt of the letter from the Planning Commission Member. It was also noted that a petition had been given to the Planning Commission with signatures of those opposing this rezone. Concern was also voiced over rezone applications being submitted everytime someone wanted to sell property and it was noted that this appears to be a haphazard way of doing things. There was also a question in regard to the buffer zone being R-3, between the current R-2 surrounding area and the proposed R-4 area. George Schuler explained the Comprehensive Land Use Plan in regard to this request indicating that multi-family zoning includes duplexes, apartments, townhouses and mobile homes and that it was the responsibility of the Planning Commission and City Council to determine where the various classifications should be used for transitional zoning. He stated it is the feeling of the Planning Department that the zoning in the buffer zone be R-3 multi-family in order to provide a transitional zone between the multi-family and single family areas. Mr. Schuler also stated the letter from the Planning Commission Member would not change the vote of the Planning Commission, it only indicates Mr. Wood's feelings after further thought on the request. The City Attorney also stated that the letter would not change the Planning Commission Vote taken at their Public Hearing. Mayor Kersey asked for a show of hands to indicate those in favor and those in opposition to the rezone request of Mrs. Clark. Three individuals raised their hands in favor of the request and 17 individuals raised their hands in opposition. It was moved by Lea, seconded by Holman, that the Public Hearing be closed. MOTION CARRIED -1- o AUBURN, WASHINGTON MONDAY NOVEMBER 3. 1975 Councilman Lea pointed out that the vote coming from the Planning Commission indicates that there was disseetion from that group also in regard to the R-4 zoning. The Commission Minutes reflect that the persons living in the area are more favorable to R-3 than R-4 and he would Like to know if those opposing the R-4 are for the R-3 or arc they comp_Zetely aya.inst the rezone. Mr. l~onjorni stated he has discussed this with Mrs. Clark and the Planning Department and he feels Mrs. Clark will accept t1~e R-4 zoning with the R-3 buffer along the back of the property; however, he did not feel a straight R-3 zoning would do much for the property. Mr. Armstrong stated that he would be opposed to the R-4 with the R-3 buffer because he does nat see how the land could be separated into two parcels. Mr. Norman Yuhasz concurred with Mr. Armstrong. There was further discussion between Council and Staff and the City Attorney was asked to clarify the responsibility of the Council in regard to changing the rezone from R-4 to R-3. Mr. Bereiter stated the Council has the discretion to go for a Iower density request; however, if they were going for a higher request, the application would have to go back to the Planning Commission. It was moved by Lea, seconded by Lawler, that the request of Edith B. Clark to rezone from R-2 (Residential Single Family) to R-4 (Multi-Family) be denied, but a rezone from R-2 (Residential Single Family) to R-3 (Residential Two Family Duplex) be approved and the request is to include the portion of the parcel located on the Southwest corner of 29th Street S.E., and further recommends that the property owner give consideration to the dedication of the easterly 10 feet of the parcel requesting reclassification for street purposes to provide far a 60 foot right of way for "M" Street S.E. and the City Attorney be directed to draw up the necessary ordinance. ROLL CALL VOTE: A11 Councilmen voting YES. MOTION CARRIED Mayor Kersey declared Public Hearing open on the request of Mrs. Agnes Marty to rezone from Unclassified to M-1 (Light Industrial) a parcel of land 5.5 acres in size, lying on the east side of "B" Street N.W., approximately 335 feet north of 30th Street N.E. (Application No. 22-75) The Planning Commission recommends approval of this request provided that prior to development, the owner and/or developer contact the Public Works Department regarding public utilities and the King County Department of Hydraulics regarding provisions for the Soil Conservation P-7 Channel proposed along the east end of the property. Also that consideration be given to the dedication of the west 20 feet for the future widening of "B" Street N.W. to a 60 foot right of way. Tom AZvis of 4609 Summerset Drive N.E., Bellevue, representing Mrs. Marty, stated they are in agreement with the recommendations and he would be glad to answer any questions. It was moved by Holman, seconded by Larson, that the Public Hearing be closed. MOTION CARRIED It was moved by Holman, seconded by Larson, that the request of Mrs. Agnes Marty to rezone from Unclassified to M-1 (Light Industrial) be approved, the Planning Commission recommendations be concurred with and the City Attorney be directed to draw up the necessary ordinance. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED 1 Mayor Kersey declared Public Hearing open on the request of James, C. Person to rezone from R-1 (Single-Family) to R-S (Single-Family Subuxban) with a Conditional Use Permit to construct a 9 hole pitch and putt golf course on a parcel of land approximately 17 acres in size, located between the Auburn-Black Diamond Road and S.R. 18, approximat 1,000 feet westerly of the 5.R. 18 Green River Interchange. (Application No. 23-75) The Planning Commission recommends approval of this request because it does conform to our Comprehensive Plan, access to the site is good, open space will be preserved and the proposed use is compatible with other uses planned for the area. -2- AUBURN, WASHINGTON MONDAY NOVEMBER 3, 1975 Jim Person and his son, 1301 "K" Street N.E., spoke in favor of their request and Mr. Person stated it is a natural addition to the City of Auburn. It was moved by Lea, seconded by Larson, that the Public Hearing be closed. MOTION CARRIED It was moved by Larson,. seconded by Kitchell, that the request of James C. Person to rezone from R-1 (Single-Family) to R-S (Single-Family Suburban) be approved 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 Robert Kuzmer and Dale C. Cooper to rezone from C-2 (Central Business District) to C-3 (Heavy Commercial) a parcel of Iand at the southwest corner of East Main and "F" Street S.E. (Application No. 24-75) The Planning Commission recommends approval of this request provided that any pump islands face Main Street rather than abutting the residential area to the south and that the alleys be surfaced to eliminate a maintenance and dust problem. Also that the following conditions should be incorporated into a separate agreement running with the land, these are as follows: (1) No on-site servicing or repairing of automobiles other than the sale of motor fuel. (2) Pump islands to be located on the north portion of the site. (3) The alleys adjacent used for ingress and egress shall be surfaced to City of Auburn specifications. Councilman Larson stated, prior to any discussion or motion, that because of a possible conflict of interest he would abstain from voting on this item. Bob Kuzmer, representing himself and Mr. Cooper, stated they are in agreement with the Planning Commission recommendations. Mayor Kersey suggested that item #2 of the Planning Commission recommendations have the word "only" added at the end of the sentence. Ralph Burgess and Ming Wong spoke in favor of the request. It was moved by Lawler, seconded by Lea, that the Public Hearing be closed. It was moved by Fleci:sig, seconded by Kitchell, that the request of Robert Kuzmer and Dale C. Cooper to rezone from C-2 (Central Business District) to C-3 (Heavy Commercial) be approved, the Planning Commission recommendations be concurred with and item 2 of the recommendations to have the word "only" added to the end of the sentence and the City Attorney be directed to draw up the necessary ordinance. Councilman Lea stated he would like the Council to understand that if the C-3 is approved, the City is going to be open for further C-3 zoning and this particular location will be the only C-3 zone with the exception of Main and "M" Street. ROLL CALL VOTE: Councilman Flechsig, Lawler, Kitchell and Holman voting YES. Councilman Lea voting NO. Councilman Larson ABSTAINED. MOTION CARRIED Mayor Kersey declared Public Hearing open on the request of the Auburn Planning Department to amend Section 11.16.280 (Minimum Landscape Requirements) of the City of Auburn Zoning Ordinance No. 1702. The Planning Commission recommends approval of the amendments to Section 11.16.280 (Minimum Landscape Requirements) of the City of Auburn Zoning Ordinance No. 1702. It was moved by Lea, seconded by Holman, that the Public Hearing be closed. MOTION CARRIED It was moved by Lea, seconded by Holman, that the request of the Auburn Planning Department to amend Section 11.16.280 (Minimum Landscape Requirements) of the City of Auburn Zoning Ordinance No. 1702 be approved and the City Attorney be directed to draw up the necessary ordinance. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED -3- 42 AUBURN, WASFIINGTON MONDAY NOVEMBER 3, 1975 CORRESPONDENCE RECOMMENDATIONS The City Clerk read a Letter from George A. Schuler, Planning Director, regarding segregation of assessment for correction of Zega1 description only - Assessment No. 2, L.I.D. No. 221, Balance Due $2,788.62. It was moved by Lea, seconded by Holman, that Assessment No. 2, L.I.D. No. 221 be approved for correction of Legal description only. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED The City Clerk read a Zone Change Application from Loran W. Davis (Application No. It was moved by Holman, seconded by Lea, that the Zone Change Application from Loran W. Davis (Application No. :?7-75) be referred to the Planning Commission for recommendations. MOTION CARRIED The following items are submitted by the Director of Public Works, Pat Nevins, for Council Approval: 27-7 Change Order No. 4 to Venture Cons t. Co. for construction of Water Imp. #90, Reservoir No. 1, time extension of 188 days to November 5, 1975. It was moved by Flechsig, seconded by Holman, that the adoption of Change Order No. 4 to Venture Construction Company for time extension of 188 days to November 5, 1975, be approved for Water Improvement No. 90, Reservoir No. 1. ROLL CALL VOTE: A11 Councilmen voting YES. Change Order No. 4 to Venture Const. Co. for construction of Water Imp. #77, Reservoir No. 2, time extension of 188 days to November 5, 1975. It was moved by Flechsig, seconded by Kitchell, that the adoption of Change Order No. 4 to Venture Construction Company for time extension of I88 days to November 5, 1975, be approved for Water Improvement No. 77, Reservoir No. 2. ROLL CALL VOTE: All Councilmen voting YES. Pay Estimate No. 1 to Hanson Excavating Co. for construction of Storm Sewer Imp. #17, in area of Auburn Academy, in the amount of $9,558.00. It was moved by Lea, seconded by Holman, that Pay Estimate No. 1 to Hanson Excavating Company, for $9,558.00, be approved for payment. ROLL CALL VOTE: All Councilmen voting YES. Pay Estimate No. 2 to H. Schwicht Const. Co. for construction of L.I.D. 287, 21st 5.E. east of Hemlock, in the amount of $7,674.11. It was moved by Lea, seconded by Lawler, that Pay Estimate No. 2 to Howard Schwicht Construction Company, for $7,674.11, be approved for payment. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED MOTION CARRIED MOTION CARRIED MOTION CARRIED Acceptance of Reservoir No. 2, Water Imp. #77, 74-06, and start of 30 day lien period. It was moved by Flechsig, seconded by Lea, that the project be accepted by the City as complete and the retained percentage amounting to $35,273.47 be paid to Venture Construction Company 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: A1Z Councilmen voting YES. MOTION CARRIED -4- AUBURN, WASHINGTON MONDAY NOVEMBER 3, 1975 Acceptance of Reservoir No. 1, Water Imp. #90, 74-06, and start of 30 day lien period. It coas moved by Flechsig, seconded by Lea, that the project be accepted by the City as complete and the retained percentage amounting to $41,941.50 be paid to Venture Construction Company 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 Airport Committee approved construction of an entrance on the center taxi-way strip for fire fighting vehicle. It is recommended that the existing contract with Associated Sand & Gravel be increased in the amount of approximately $950 for extra excavation and ballast material to provide additional taxi-way thickness to support the fire fighting vehicle. Fencing and driveway approach will be accomplished in a later contract. It was moved by Kitchell, seconded by Larson, that the existing contract with Associated Sand & Gravel be increased in the amount of approximately $950 for extra excavation and ballast material to provide additional taxi-way thickness to support the fire fighting vehicle. Fencing and driveway approach will be accomplished in a later contract. ROLL CALL VOTE: All Councilmen voting YES. Council Approval needed for the following item: MOTION CARRIED Authority to purchase no-wrench screw anchors for the tiedowns at the airport, in place of the previously approved Blackburn two way expanding type anchors or equal. It was moved by Flechsig, seconded by Kitchell, that authorization be given to purchase no-wrench screw anchors for the tiedowns at the airport, in place of the previously approved Blackburn two way expanding type anchors or equal. ROLL CALL VOTE: AZl Councilmen voting YES. MOTION CARRIED PROCLAMATIONS, APPOINTMENTS AND ANNOUNCEl9ENTS Mayor Kersey announced that Robert Chipperfield, Airport Manager, resigned effective October 31, 1975, and he introduced Mr. John Frazer, Acting Airport Manager, and stated Mr. Frazer had been workiny for Mr. Chipperfield for the past seven months. l9ayor Kersey announced that the Council has received infarmation from the Firefighters Fact Finding Panel and himself and he asked for authority for himself and the City Clerk to sign a contract agreement, with the Fire Fighters, with the terms set forth in the information. He pointed out that the City is still in negotiations for other employees and the terms of the contract is not public information at this time. It was moved by Larson, seconded by Holman, that the Mayor and City Clerk be authorized to sign a contract agreement with the Fire Fighters, terms of the contract have been set forth in the information mentioned above. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED The Pdayor pointed out that the Fire Fighters Union will have a final meeting at 9:00 A.M. in the morning. Mayor Kersey announced that tomorrow is Election Day and he urged everyone to get out and vote. The Mayor also announced that the Vetrans' Day Parade will be held this Saturday, November 8, 1975, at 11:00 A.M., on Main Street. COUNCIL COMMITTEE REPORTS BUILDING COMMITTEE - CHAIRMAN LAWLER Tile Building Committee met at 7:30 P.M. on October 21, 1975. Chairman Lawler announced that the Minutes are a matter of Public Record on file in the City Clerk's Offi ce . -5- `t AUBURN, WASHINGTON MONDAY NOVEMBER 3, 2975 The next Building Committee Meeting will be held at 7:30 P.M., November 10, 1975, in the Council Chambers. AIRPORT COMMITTEE - CHAIRMAN KITCHELL Chairman Kitchell announced that the next Airport Committee Meeting will be held at 7:30 P.M., November 4, 2975. PLANNING & BEAUTIFICATION COMMITTEE - CHAIRMAN CARSON Chairman Larson reported that his next regularly scheduled meeting would be held on November 11, 1975; however, since this is a City Holiday, the Planning & Beautificati Committee will meet at 7:30 P.M. on November 18, 1975. Mayor Kersey announced that he and Mr. Shepard will be at City Ha1I tomorrow evening for the purpose of tallying the Election Returns and when they are finished, the Unofficial Results will be posted on the front door of City Hall. FINANCE COMMITTEE - CHAIRMAN HOLMAN The Finance Committee met at 7:30 P.M. on October 30, 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 and recommends that the Director of Finance be authorized to reinvest funds and make investments of amounts, as well as other monies received during the month of November. It was moved by Holman, seconded by Larson, that the Director of Finance be authorized to reinvest funds and make investments as stated above. ROLL CALL VOTE: A11 Councilmen voting YES. MOTION CARRIED The Committee recommends approval of Ordinance No. 3026 which relates to appointment of an Auditing Officer for the City of Auburn. If said ordinance is passed, Frank Shepard will fill the appointment. ORDINANCE ND. 3026 It was moved by Holman, seconded by Larson, that Ordinance No. 3026 entitled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, ESTABLISHING PURSUANT TO THE PROVISIONS OF R.C.W. 42.24.080 THE POSITION OF AUDITING OFFICER AND FURTHER ESTABLISHING THE PROCEDURE TO BE FOLLOWED FOR AUDIT AND PAYMENT OF CLAIMS BY PERSONS FURNISHING MATERIALS, RENDERING SERVICES OR PERFORMING LABOR OR FOR ANY OTHER CONTRACTUAL PURPOSE TO THE CITY OF AUBURN." be introduced and adopted. ROLL CALL VOTE: A11 Councilmen voting YES. MOTION CARRIED The Committee discussed an Airport Dealer Agreement with Standard Oil Company of California and since the agreement is favorable, with increased allowance per gallon over the previous contract, the Committee recommends approval of said contract. It was moved by Holman, seconded by Flechsig, that the Airport Dealer Agreement with Standard Oil Company of California be accepted and approved. ROLL CALL VOTE: A11 Councilmen voting YES. MOTION CARRIED UTILITY COMMITTEE - CHAIRMAN FLECHSIG The Utility Committee met at 7:30 P.M. on October 23, 1975. Chairman Flechsig reported on the Committee Meeting and the Minutes are a matter of Public Record on file in the City Clerk's Office. The next Utility Committee Meeting will be held at 7:30 P.M., November 6, 1975. STREET COMMITTEE - CHAIRMAN LEA Chairman Lea announced that the next Street Committee Meeting will be held at 7:30 P.M., November 5, 1975, in Public Works. -6- ~. ~. AUBURN, WASHINGTON MONDAY OLD BUSINESS NOVEMBER 3, 1975 No action was taken on Ordinance No. 2896 pertaining to codification of ordinances. (This ordinance was introduced only on July 16, 1975) ORDINANCES AND RESOLUTIONS ORDINANCE NO. 3022 It was moved by Lea, seconded by Flechsig, that Ordinance No. 3022 entitled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE REZONING OF A PARCEL OF PROPERTY LOCATED ON THE EAST SIDE OF "A" STREET SOUTHEAST IN THE 800 BLOCK, ALSO KNOWN A5 810 "A" STREET SOUTHEAST, SITUATE IN THE' CITY OF AUBURN, WASHINGTON, CHANGING THE ZONING CLASSIFICATION THEREOF FROM R-3 TO C-4." be introduced and adopted. ROLL CALL VOTE: A11 Councilmen voting YES. MOTION CARRIED ORDINANCE NO. 3023 It was moved by Flechsig, seconded by Kitchell, that Ordinance No. 3023 entitled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CODIFIED CITY ORDINANCE 10.04.430 BY INCLUDING THE MINIMUM METRO SEWER CHARGE IN SAID RATE." be introduced and adopted. ROLL CALL VOTE: A11 Councilmen voting YES. 190TION CARRIED ;~ ORDINANCE NO. 3024 ~~ e-~ It was moved by Holman, seconded by Larson, that Ordinance No. 3024 entitled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, ANNEXING CERTAIN REAL PROPERTY COMMONLY ~ KNOWN AS THE AUBURN MUNICIPAL GOLF COURSE AND ISSAC EVANS PARK TO THE CITY OF AUBURN, '°'~" WASHINGTON." be introduced and adopted. ROLL CALL VOTE: A11 Councilmen voting YES. MOTION CARRIED ORDINANCE NO. 3025 It was moved by Lea, seconded by Lawler, that Ordinance No. 3025 entitled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CODIFIED CITY ORDINANCE 9.22.260 (b) (3) ESTABLISHING A PASSENGER LOADING ZONE ON A PORTION OF EAST MAIN STREET." be introduced and adopted. ROLL CALL VOTE: A11 Councilmen voting YES. MOTION CARRIED ORDINANCE NO. 3026 Ordinance No. 3026 was passed under the Finance Committee Report. VOUCHER APPROVAL LIST It was moved by Holman, seconded by Flechsig, that the Voucher Approval List dated October 31, 1975, in the amount of $1,885,379.28, be approved. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED MISCELLANEOUS BUSINESS The City Clerk read a Zone Change Application from David W. & Pearl E. Dehline (Application No. 28-75) . It was moved by Lea, seconded by Larson, that the Zone Change Application from David W. & Pearl E. Dehline (Application No. 28-75) be referred to file Planning Commission for recommendations. MOTION CARRIED - 7- `# AUBURN, WASHINGTON MONDAY NOVEMBER 3, 1975 The City Clerk read a Zone Change Application from Alan C. Keimig (Application No. 29-75). It was moved by Holman, seconded by Lea, that the Zone Change Application from Alan C. Keimig (Application No. 29-75) be referred to the Planning Commission for recommendations. MOTION CARRIED The Mayor announced, for informational purposes only, that the City had received a Liquor License Application for the Steak Factory. Said business to be located at Forest Villa Shopping Center and the primary business will be food and beer will be secondary. There being no further business to come before the Council, the meeting was adjourned at 9:33 P.M. APPROVED THIS 4TH DAY OF NOVEMBER, 1975. ~~J ~C~C/C..o M A 0 R -8-