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HomeMy WebLinkAbout05-07-1979~~ AUBURN, WASHINGTON ~ -~~ MONDAY MAY 7, 1979 The regular meeting of the Auburn City Council convened at 8:00 p.m, in the City of Auburn Council Chambers: ROLL CALL COU~.CILMEMBERS PRESENT: Councilmember Roegner, Kitchell, Craig, Larson, Hitchcock Flechsig and Lea. STAFF MEMBERS PRESENT: Mayor Stan Kersey; Jack Bereiter, City Attorney; Len Chapma Parks and Recreation Director; Bill Herold, Personnel Director; John Holmes, Library Director; Coralee McConnehey .City Clerk; Pat Nevins, Public Works Director; George Schuler, Planning & Community Development Director; Wi11 Spencer, Fire Chief; Ken Thompson, Finance Director; Ed Wilson, Police Chief. It was moved by Hitchcock, seconded by Kitchell, that the minutes of the April lE, 2979, Counc.ill meeting be approved as mailed with the addition that Councilman Hitchcock was in attendance at the meeting. MOTION CARRIED PUBLIC HEARINGS 1. Mayor Kersey declared the public hearing open on the request of Les Rowland to rezone from R-2 (Single Family) with a Special Property Use Permit to construct 45 single story multi-family living units to R-4 (Multi-Family) a parcel of land approximately 98,000 sq. ft. in size lying south of 8th Street N.E. on "I" Street N.E in the 600 and 700 blocks. (Application 7-79) The Planning Commission recommends denial of the R-4 (Multi-Family) request and approval of amending the original ordinance to r_hange the site plan and exterior elevations. Also that the site plan be modified to eliminate apartment No. "D" in Building No. 3 to provide additional setback to make it uniform with the other building setbacks. Also that "I" Street be constructed to City standards between 8th St. N.E. and the east property Line including the extension of all public utilities. Consideration should also be given to any requirements of the Public Works and Fire Departments. Herman R. Ansingh, M,D., spoke against the request and presented a petition from home owr2ers in the area. He stated they felt the Special Use Permit given in 1966 should not have been issued in the first place and the request would deviate from the Court decision denying the townhouses. He questioned why the Special Property Use Permit had not been used for 13 years. He also pointed out that 8th Street was never widened or the Cemetery removed as had been promised. Ansingh asked that traffic and environmental impact studies be conducted. He also expressed concern over the quality of the units planned. Bob Cowden, representing the petitioner, stated they did not apply for R-4 but it had been recommended to them. He explained they had not built on the propert origin- a11y because the area was in a slump at the time and he emphasized they did not build "junk". Cowden added they were willing to go along with the Planning. Commission's recommendations. James Hodson, 905 - Sths N.E., spoke against the request saying he agreed with Dr. Ansingh. He expressed his concern over traffic problems in the area and submitted a letter Dr. Ansingh had sent to the Planning Commission and Mr. Schuler. Bi11 Trumbull, 634 "H" Street North, owner of the property which abutts the piece in question , urged the Council to deny the R-4 request. Don Rottle, 911 - 5th N.E., asked property owners to stand who were in the audience. Approximately 20 people stood. He stated there was a traffic congestion problem and he expressed concern over provisions for fire equipment access. He added he would like to see the area kept as a prime residential property. Sid Lewis, representing property owners to the east, noted the units presently proposed were definitely an upgrade from what was originally planned. -1- ~~ ~. AUBURN, WASHINGTON MONDAY MAY 7 , 197 9 Nancy Colson, 904 - 5th N.E, spoke to the size of the units. She said most of the people felt it would be better to have single story units that can be screened. Bob Armstrong, 610 8th Street N.E., stated he felt anyone developing east of the property would have a very stxong interest because it appeared they would only have one exit through "I'° Street. It was moved by Craig, seconded by Hitchcock, that the public hearing be closed. MOTION CARRIED Councilmember Craig questioned what was actually applied for and whether the Planning Commission could find a way to limit the duration on a Special Property Use Permit. He stated he felt the people had a valid concern over the rezone to R-4 in the middle of a residential area. He added it looked like an error had been made in 1966 in granting the SPU. Councilmember Larson questioned what difference would there be if the rezone was approved or disapproved as to the units involved. George Schuler responded basically just in the type of unit since they would be able to build a.s provided in the original application. Councilmember.• Roegner questioned why the widening of 8th Street had not been done. Mayor Kersey responded that he believed in 1970 there had been discussion on forming the LID to widen the street and move the Cemetery, however, there was not a majority of opinion tc~ go ahead with it. Roegner also questioned which Comprehensive Plan was being used when the rezone was allowed. Schuler replied there had been a Comprehensive P1 an in 1960 which preceded the present plan, Councilmember Flechsig asked if rezone was approved would townhouses be two-story 104C footunits and if rezone was disapproved the units would be one-story 748 square feet. SchJaler answered Flechsig was correct. If the straight R-4 was approved they could build anything R-4 would permit. That was why they are recommending denial of the R-4 and approval of a revised SPU permit. Councilmember Lea questioned Schuler about the height permitted under a SPU and R-4 zoning. Schuler replied you can restrict a SPU to any configuration you wanted while under R-4 a 35 foot height limit could be used (or two stories).. Lea also asked what Comprehensive Land Use Plan currently in effect permitted. Schuler replied it was zoned for R-4 Medium Density. Councilmember Lea expressed concern over the request of home owners for an Enviranrnental Impact Statement. George Schuler stated he did not feel a EIS was necessary because they would not be changing the density but just the configuration. Jack Bereiter stated the Council had the authority to overturn Schuler's decision. Councilmember Roegner asked if the request were to be denied could the Council still request an EIS on the original application. Bereiter stated that would be something they could take into consideration. Flechsig asked if the application was denied, could the Council insist on the street improvements being made.on "I" Street. -2- INGTON MONDAY MAY 7 , 197 9 Schuler said he assumed the street improvements would have to be made since it would be their only access to the cite. CounciZmember Craig submitted there was a big difference between the environmental impact of single story units cpmpared to two story units. He felt the appropriate action would be to deny the request for R-4 and if applicant were to pursue revision of the original SPU to require and Environmental Impact Statement and through the Planning Commission Zook into the original SPU in l 966. He added the present Comprehensive Land Use Plan permits R-4 because the SPU had already been approved and if you were to look at the surrounding area you could see the property is surrounded completed by R-2. Councilmember Lea suggested the matter be held in abeyance to get some input from the residents and have the developer,wark with the Planning Director rather than hold the developer up for six months when he could resubmit the request again. Cauncilmember Hitchcock asked if the request was denied could the developer proceed on the original request. Schuler stated there would be nothing stopping him from developing as approved in the original SPU permit. It was moved by Hitchock, seconded by Craig, to deny the request of Les Rowland to rezone from R-2 with a SPU permit to Construct 45 single story multi-family Living units to R-4 (Application 7-79). VOICE VOTE: All Councilmemt.~rs voted YES MOTION CARRIED 2. Mayor Kersey declared the public hearing open on the request of Frank Fassbind to rezone from Unclassified to M-2 (Heavy Industrial) a parcel of land 73 acres in size bordered on the north and south by 29th and 37th Streets N.W, on the east and west by the Burlington Noxthern and Chicago Milwaukee Railroad right of ways (Application 9-79) The Planning Commission recommends approval of the M-2 request because it will conform to the Comprehensive Land Use Plan and will be compatible with existing and proposed industrial uses in the area and the public utilities are available adjoining the site for extension to serve the property. Bob. Smythe, attorney, 29 1st Street, representing the petitioner, stated he felt the proposal meets all the tenets of the Comprehensive Land Use Plan. Also, the utilities were available to meet the requirements of industrial use of the land. No one else spoke for or against the request.. It was moved by Larson, seconded by Roegner, that the public hearing be closed. MOTION CARRIED Councilman Craig asked if the City of Tacoma letter on the right bf way created a problem. Pat Nevins responded it was just to inform the City: Councilmember Roegner asked if the Comprehensive Land Use Committee had studied the area. Schuler responded that it had not as yet. Councilmember Flechsig asked why the Planning Department had recommended M-1 zoning while the Planning Commission had recommended approval of the M-2 zoning. Schuler stated the Planning Department recommended the M-2 be denied and M-1 approved to be consistent with the surrounding property. Craig asked what the difference was. Schuler replied the difference would by in the types of uses permitted, M-2 would permit a heavy use such as founderies, etc. Craig asked Mr. Smythe if M-1 zoning would present a problem.. Mr. Smythe stated they did resist the M-1 .because the M-2 would permit more flexibility. It was moved by Craig, seconded by Roegner, to deny the request of Frank Fassbind -3- ~+~ a~ AUBURN, WASHINGTON MONDAY MAY 7, 1979 to rezone from Unclassified to M-2 (Application 9-79) and approve M-1 zoning and the Engineer's recommendations be concurred with and the City Attorney be instructed to draw up the necessary ordinance. ROLL CALL VOTE: Councilmember Craig, Larson, Hitchcock, Lea, Roegner and Kitchell voted YES. Councilmember Flechsig voted NO. MOTION CARRIED 3. Mayor Kersey declared the public hearing open on the request of Robert blooding to rezone from Unclassified to R-1 (Single Family) residential a parcel of land approximately 80 acres .in size lying east of Aster Street S.E. extended north (4600-4800 blocks) between Aster Street and the Stuck River. (Application 11-79) The Planning Commission recommends denial of the R-1 (Single Family) request and approval of R6 (Single Family) classification for the west 2050 feet of the site and the balance of the site to be Ieft in an Unclassified classification. Also that no .building permit be issued until this site is served by an improved public street and the requirements of the Public Works and Fire Departments have been met. Richard Reich, Tribal Attorney for the Muckleshoot Indian Tribe, submitted a statement to the Council along with a Soil Survey done by the United States Department of Agriculture. He stated the Muckleshoot Indian Tribe by nature of their treaty felt the use of Land on the reservation should be handled through Muckleshoot licensing procedure and sales to non-members did not diminish tribal authority. He added if the City decided to pursue action on the rezone, the Muckleshoot Tribe asked that the request be denied giving ZZ reasons as outlined in the statement accompanied by the Soil Survey and an aerial photo§raph of -the area taken by the Army Crops of Engineers. No one else spoke for or against the request. It was moved by Lea, seconded by Kitchell, that the public hearing be closed. MOTION CARRIED Councilmember Lea questioned George Schuler about the access to the property. Schuler stated it was their recommendation that no building permits be issued until access is provided and the Fire Department recommendations for water mains be accomplished. Lea questioned the timing of the request because it appears this property cannot be developed until the utilities and roadways in. Schuler stated he had discussed this with the petitioners and it was a matter of acquiring right-of-ways and putting access roads and utilities in when there could be some doubt whether the land could be used. He added the reason they went to a Declaration of Non-Significance was because they had a reading from the Utility Committee based on the study the City had made that septic tanks in this area where the ground was suitable would not meet our water tests. .Provisions have been made that a private water system could be developed. Also individual lots would need perk test before building and se¢stic tank permits could be issued. He added they had further tie this down by requesting that access to the property be provided by a dedicated improved public right-of-way. A11 they are doing on the zoning is recommending intent. They are recommending tabling of the plat until the public access is provided. Lea asked Bereiter for his comments on the remarks on jurisdiction by Richard Reich. Bereiter stated he respectfully disagreed with the Muckleshoot position. He suggested, however, that this matter be set aside for this request and consider it on its general merits. Councilmember Reogner urged the Council to take a strong look in the Declaration of Non -Significance check list. Councilmember Craig agreed that the rezone should not be before the Council at this time because there were serious water and sewer problems that need to be -4- ~~"it AU9URN~_WASFIINGTON ______ MONDAY MAY 7, 1979 resolved. He .felt anyounca had the right to petition the Council for a rezone however thexe were too many things to be worked out and the rezone should be denied at this time. It was moved by Craig, seconded by Lea, that the request of Robert Wooding to rezone from Unclassified to R-l (Application 11 -79) be denied. VOICE VOTE: A11 Councilmembers voted YES MOTION CARRIED 4. Mayor Kersey declared the public hearing open on the request of John Meneghini to rezone from R-3 (Duplex) to R-4 (Multi-Family) a parcel of land approximately 10,000 sq. ft. in size located at the southwest corner of East Main and "R" Streets S.E. (Application 12-79) The Planning Commission recommends approval of this request and that a screen fence be required along the property lines adjacent to the parking Iot to provide protection from headlights, noise, etc. The clerk clerk Hated a petition signed by 46 people had been submitted opposing the rezone. No one spoke for or against the request. It was moved by Fleohsig, seconded .by Kitchell, that the public hearing be closed. MOTION CARRIED Craig asked if people could exit from "R".Street rather than East Main Street. Schuled responded the traffic would prohibit it. Councilmember Roegner asked for clarification on the drawing of the 4-plex as it was two stories and Schuler was recommending one story. Schuler responded he doubted if they could get a 4-plex in a single story because of the odd shape of the Iot and set back. Craig asked Schuler if. he was recommending the rezone be granted..'. Schuler stated yes with the restriction that the unit be restricted to a single story. This would be compat.ib.le with the existing single fsrt4ily houses on the adjacent property. You would have to put a restriction to granting the R-4 in the .form o.f a separate agreement. Lea questioned the allowance of R-4 zoning and limiting by a separate agreement restricting the unit to one story. Schuler replied thas hasbeen done many times. You cannot put rest.rictionsin a zoning ordinance, however, you can make a separate agreement. Lea also asked why a Special Property Use Permit was not applied for in this case. Schuler answered the Special Property Use Permit was not used anymore however a Conditional Use Permit would permit only one living unit per 6000 sq. feet of property. A11 they cauld do would be to put a duplex on the property. Lea expressed concern that approving the R-4 would open the area to apartmen t dwdllings. Schuler stated they recommended it be only for single story. He added if the Council wanted to allow more density in R-3 zoned areas they should amend .the code but warned this would leave them open for really playing politics with a piece of property. It was by Fleohsig, seconded by Hitchcock, that the request of John Meneghini to rezone from R-3 to R-4 (Application 12-79) be granted subject to a contract between the applicant and City of Auburn that the applicant will agree to a single story construction on this property. Bereiter stated although this has been done in the past and he was aware of the problems encountered by the Planning Department in this type of situation he did not feel comfortable with a separate agreement because it could be subject to challenge. He suggested the Council check with the applicant to see if he would be comfortable. - 5- ~~ AUBURN, WASHINGTON MONDAY MAY 7, 1979 John Meneyh.ini stated he felt the request for a 4-plex would really beautify the corner. He added he was not sure he had a choice so he was agreeable to the agreement. It was moved by Roegner, seconded by Craig, that the previous motion be amended to table the matter until the next regular meeting of the Council for the purpose of the applicant to meet with the Planning Department. VOICE VOTE: A11 Councilmembers voted YES MOTION CARRIED 5. Mayor Kersey declared the public hearing open on the request of Chaver/Underwood dha Parkside Retirement Center for a Conditional Use Permit on property zoned R-4 (Multi-Family) to construct a 64 bed addition to an existing retirement home located at 2902 "I" Street N.E. (Application 13-79) The Planning Commission recommends approval of this request because it is an allowable use within the R-4 CZassification•and will not be detrimental to the surrounding uses, also the plans submitted with the application are to be attached and become a part of any agree/ Consideration.. should be given to any requirements of the Public Works and Fire ment. Departments. John Underwood, one of the petitioners, stated he felt the"file was complete and would answer any questions. It was moved by Craig, seconded by Larson, that the request of Chaver/Underwood dba Parkside Retirement Center for a.Conditional Use Permit (Application 13-79) be approved and the recommendations of ,Marv Seabrands be concurred with and the City Attorney instructed to draw up the necessary ordinance. ROLL CALL VO4'E: AZZ Councilmembers voted YES MOTION CARRIED 6. Mayor Kersey declared the public hearing open on the request of Robert blooding for an approval of a preliminary plat to be known as bleeding's Second Addition on a parcel of land SO acres in size Located on the east side of Aster Street and .the Stuck River. (Application P-5-79) The Mayor noted there was no one in the audience and unless there was any question would accept a motion on action. It was moved by Larson, seconded by Roegner, to deny the request of Robert blooding far approval of a preliminary plat to be known as Plooding's Second Addition (Application P-5-79) until such time the problem of the rezone is resolved. VOICE VOTE: A11 Councilmembers voted .b,'ES MOTION CARRIED CORRESPONDENCE The City Clerk read the following items: 1, Zone Change Application from Keyson Investment Ltd. to rezone from Unclassified to R-1 (Single Family), property Zocated on south side of Oravetz Road extending south from 53rd S.E. to South city Limits. (Application 20-79) 2. Zone Change Application from Keyson Investment Ltd. to rezone from Unclassified to R-1 (Single Family), property Zocated south of 53rd S.E. and north of Oravetz Road at the intersection. (Application 21-79) 3. Zone Change Application from Patrick O. Lennan to rezone from M-2 (Heavy Industrial) to C-3 (Heavy Commercial), property Located north of 15th St. N.W. between the West VaZ1ey Highway and S.H. 167. ,(Application 22-79) 4. Request of Keyson Investment Ltd. for approval of a preliminary-plat to be known as Deironshire, property located on sauth side of Oravetz Roam extending south from 53rd S.E. to south City limits. (Application P-6-79) 5. Request of Keyson Investment Ltd. for approval of a preliminary plat to be known as Wedgewood, property located south of 53rd S.E. and north of Oravetz Raod at tt~e intersection. (Application P-7-79) It was moved by Larson, seconded by Lea., that applications 20 79, 2Z-79, 22-79, P-6-79 -6- ~~i~ AUBURN, WASHINGTON __._ MONDAY MAY 7, 1979 and t~-7-79 be referred to the next regular meeting of the Planning .Commission. MOTION CARRIED 6. Letter from Kent E. Swicher, Executive Director, Association of Washington Cities, requesting registration of voting delegates at 1979 Annual AWC Convention. It was moved by Lea, seconded by Craig, that Mayor Kersey ..and Councilmembers Kitchell and Flechsig act as voting delegates at the 1979 Annual AWC Convention. MOTION CARRIED BID OPENINGS 1. Bids were opened April 25,1979, at 11:00 a.m. on Contract 79-05, Street Cleaning & Litter Control. Only one bid was received from Sanco-Northwest-Lot Services for a total basic bid of $2785.00'per month. It is recommended by the Department of Public Works to award Contract 79-OS to Sanco-Northwest Lot Services on their bid of $2785.00 per month effective June 1, 1979, for a period of thirty-one months. It was moved by Lea, seconded by Hitchcock, to award Contract 79-05 to Sanco- Northwest Lot Services for a total basic bid of $2785.00 per month effective June. 1, 1979, for a period of thirty one months. ROLL CALL VOTE: A11 councilmembers voted YES MOTION CARRIED 2. Bids were opened 1+lay 1, 1979, at 10:00 a.m. on Contract 79-03, Water .Imp. #116, Cathodic Protection for Lea Hi1Z Reservoir. The following bids were received: Wallace & Tierman, D_iv. of Pennwait Corp. $5,174.09, Harco Corp. 9,854.90. Norton Corrosion Limited Inc. 5,839.16 Norton Corrosion (Alternate) 4,999.12 (Bids include Wash. State Sales Tax) It is recommended by the Public Works Department that the bids on Contract 79-03 be referred to the Utility Committee. It was moved by Craig, seconded by Larson, that the bids for Contract 79-03 be referred to the Utility Committee. MOTION CARRIED 3. Bids were opened May Z, 1979, at 2:00 p.m. on Contract 79-01, LID 303, sanitary sewer 15th St. N.W. to 29th St. N.W. The following bids were received: Alternate A Alternate B Shoreline Const. Caluccio Const. Tri-State Const. Welcome Const. Lindb.rook Const. Universal Utility Massart Co. Dyad Const. Tonneson Canst. Tucci & Sons, .Inc. DiOrio Const. Constructors Pemco R. L. Alia Co., Inc. $ 609,945.58 $ 694,027.38 685,179.05 737,652.44 683,794.62 788,157.40 700,532.67 762,474.14 731,328.44 803,999,00 753,941.22 803,858.66 769,672.17 850,138.75 770,537.24 829,922.76 870,377.39 938,399.31 958,418.01 1,008,335.45 1,086,336.72 1,139,87.9.92 1,102,194.15 1,165,181.19 1,318,353.74 1,375,986.46 (Bids include Washington State Sales Tax - Further itemization on file in. the City Clerk's Office) It is recommended by the Public Works Department that bids on Contract 79-01 be -7- ~~ AUDURN,_ WAStfINGTON ~- MONDAY-~ MAY 7, 1979 .r~~fc>rred to the iltil.ity Cornm.ittee. It was moved by Craig, seconded by Hitchcock, that the bids for Contract 79-01 be referred to the Utility Committee. MOTION CARRIED RECOMMENDATIONS The Department of Public Works recommends the following for council approval: 1. Pay Estimate No. 1, Contract 78-14, to Associated Sand & Gravel Co. for construction of St. Imp. 212, overlays adjacent to City Ha11, in the amount of $10,968.38. Contract Amount $13,066.50 Earned to Date $12,187.09 (Incl. $1,218.71 retainage) It was moved by Lea, seconded by FZechsig, that Pay Estimate No. 1, Contract 78-14, to Associated Sand & Gravel Co. for construction of St. Imp. 212, be approved in the amount of $10,968.38. ROLL CALL VOTE.: A11 Councilmembers voted YES MOTION CARRIED 2. Pay Estimate No. 1, Contract 79-02, to Klakstad Concrete Const. for construction of St. lmp. 215, parking lot at East Main & ''D" Streets,in the amount of $6,427.27. Contract Amount Earned to Date $8,428.26 7,100.99 (Incl. $673.72 retainage) It was moved by Lea, seconded by Flechsig, that Pay Estimate No..l, Contract 79-02, to Klokstad Concrete Const. for construction fo St. Imp. 215, parking lot at East Main ~ "D" Streets,in the amount of $6,427.27 be approved for payment. ROLL CALL VOTE: A1Z Councilmembers voted YES 1 MOTION CARRIED 3. Authority to hold public hearing on final assessment roll for LID 296 (street construction on "O" Street S.E. between 29th and 30th Streets) on June 4, 1979. It was moved by Lea, seconded by Craig,.. to authorize a public hearing on final assessment roll for LID 296 on June 4, 1979, at 8:00 p.m. in the Auburn City Council Chambers. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 4. A11ow credit of $.125 each for water meters installed in the sub-division of Chinook Addition:' It was moved by Craig, seconded by Larson ,. to allow credit of $I25 each for water meters installed in the subdivision of Chinook Addition. ROLL CALL VOTE: A11 Councilmembers voted YES MOTION CARRIED 5. Authority to call for bids for construction cif St. Imp. 200, Auburn Way North widening, etc. from 41st to NCL. Funding: Urban Arterial Board & 1/2~ Gas Tax. .It was moved by Lea, seconded by Hitchcock, to authorize a call for bids for construction of St. Imp. 200, Auburn Way North widening, etc. from 41st to NCL, funding from Urban Arterial Baard & 1/2~ Gas Tax. ROLL CALL VOTE: A11 Councilmembers voted YES MOTION CARRIED 6. Following utility adjustments are recommends: a. Mrs. Frank Pflug, 1207 West Valley H~.ghway South, credit of $118.88 on her water bill. It was moved by Craig, seconded by Larson, to authorize adjustment of Mrs. Frank Pflug water bill in a credit amount of $118.88. ROLL CALL VOTE: A11 Councilmembers voted YES MOTION CARRIED -8- ~~~ AUBURN, WASHINGTON MONDAY MAY'7, 1979 b. Following adjustments to sewer billings to Ron Murray & Assoc.: 936 - 28th St. N.E., Account No; 445-41150 $ 32.40 959-965 - 26th P1. N.E., Account No. 445-44240 113.46 951-957 - 26th P1. N.E., Account No. 445-4425`0 106.69 It was moved by Craig, seconded by Larsan, to authorize adjustment of Ron Murray & Assoc. sewer billings in credit amounts of $32.40 (Acct. 445-41150, $113.46 (Acct. 445-44240) and $106.69 (Acct. 445-44250. ROLL CAL1~ VOTE: A11 Councilmembers voted YES MOTION CARRIED PROCLAMATIONS, APPOINTMENTS AND ANNOUNCEMENT5 Mayox Kersey announced the resignation of Roy Gustaves from the Planning Commission after 32 years of service. He recommended James T. Walters replace.Mr. Gustaves for a term expiring in 1982. It was moved by Larson, seconded by Hitchcock, to concur with the Mayor's recommendation to appoint James T. Walters to the Planning Commission, term expiring in 1982. MOTION CARRIED Mayor Kersey announced a flag raising ceremony tomorrow at 1:30 p.m. The flag is that of the City of Auburn sister city, Kasuga-Cho and will be presented to the City by S~nio Usui, citizen of Kasuga-Cho and Acting Consul General of Japan, Kiyoshi Nishikawa. Mayor Kersey announced that an Auburn student, Dion J. King had been chosen finalist in the Presidential Scholarship Program. COUNCIL COMMITTEE REPORTS Municipal Building Committee - Chairman Bob Roegner - No Report Planning & Community Development Committee - Chairwoman Lillian Kitchell - No Report Utility Committee - Chairman Ron Craig It was moved by Craig, seconded by Larson, to call a public hearing before the City of Auburn Utility Committee to discuss future Metro sewer rate increase on May 10, 2979, at 7:30 p,m. in the Auburn City Council Chambers.. MOTION CARRIED Airport Committee -Chairman Bud Larson - Minutes are of public record Public Safety Committee - Chairman Lewis Hitchcock It was moved by Hitchcock,. to declare Police Department Units Nos. 29, 35, 37, 38 and 39 surplus. MOTION 'FAILED FOR LACK OF SECOND It was moved by Hitchcock, seconded by Lea, to declare the animal control vehicle surplus subject to the Resalution No. 975 being passed. ROLL CALL VOTE: A11 Councilmembers voted YES MOTION CARRIED It was moved by Hitchcock, seconded by Roegner, to authorize the attendance of Sgt. Cliff Phillips at the Intexnational Association of Indexstification Association meeting in Victoria, B.C. MOTION CARRIED Finance Committee -Chairman Flechsig -9- ~~ AUBURN, WASHINGTON MONDAY MAY 7, 1979 It was moved by FZechsig, seconded by Craig, to approve accounts payable on checks 2087 through 1100 in the amount of $2,507,672.48, check 1245 in the amount of $39.20 and checks 1258 through 1506 in the amount of $675,004.19 and payroll on checks 1968 through 2230 in the amount of $156,189.45. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED It was moved by I'lechsig, seconded by Craig, to increase the deductible on the City's Liability and Fire Insurance to $10,000 and $5,000 respectively. ROLL CALL VOTE: A1I Councilmembers voted YES MOTION CARRIED Street & Engineering Committee - Chairman Lea - Minutes are of Public Record y OLD BU5,INESS 1. Amendment to Chapter 18.12 - R-1 Single.Family residential classification and 18.14 - R-2 Single Family residential classification to prohibit the placement of mobile homes on individual single family Zots. It was moved by Larson, seconded by Roegner, to table this amendment until the next regular meeting of the Council. 1. Ordinance No. 3382 MOTION CARRIED It was moved by Larson, seconded by Craig, to remove Ordinance No. 3382 from the table. MOTION CARRIED It was moved by Craig, seconded by Larson, that Ordinance No. 3382, entitled, "AN ORDIPJANCE OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING AND DIRECTING THE TRANSFER OF' CERTAIN REAL PROPERTY FROM THE CZTY'S UTILITY DEPARTMENT TO THE. CITY'S AIRPORT DEPARTMENT, WHICH PROPERTY IS USED FOR MUNICIPAL AIRPORT PURPOSES; PROVI,~ING FOR THE REIMBURSEMENT OF THE UTILITY FUND BY THE AIRPORT FUND IN AN AMOUNT REPRESENTING THE TRUE AND FULL VALUE OF SUCH PROPERTY ORIGINALLY ACQUIRED BY THE FJTILITY DEPARTMENT; AND TERMINATING A LEASE-PURCHASE AGREEMENT DATED JULY 7, 1969, AND AN ADDENDUM TO LEASE PURCHASE AGREEMENT DATED AUGUST 4, 1977, be disapproved. ROLL CALL VOTE: A11 Councilmembers voted YES MOTION CARRIED ORDINANCES AND RESOLUTIONS Ordinance No. 3390 It was moved by Hitchcock, seconded by FZechsig, that Ordinance No. 3390, entitled, "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, ADOPTING BY REFERENCE TITLE 11, AS AMENDED, OF THE CODIFIED ORDINANCES OF KING COUNTY, WASHINGTON, PERTAINING TO ANIMAL CONTROL AND DECLARING AN EMERGENCY," be introduced and adopted. ROLL CALL VOTE:, Coilncilmember Hitchcock, FZechsig, Kitchell and Craig voted YES. Councilmember .Lea grid Roegner voted NO. MOTION CARRIED Ordinance No. 3392 It was moved by Larson, seconded by FZechsig, that Ordinance No. 3391, entitled, "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING AND DIRECTING THE TRANSFER OF CERTAIN REAL PROPERTY FROM THE CITY'S UTILITY DEPARTMENT TO THE CITY'S AIRPORT DEPARTMENT, WHICH PROPERTY IS USED FOR MUNICIPAL AIRPORT PURPOSES; PROVIDING FOR THE REIMBURSEMENT OF THE UTILITY DEPARTMENT•BY THE AIRPORT DEPARTMENT IN AN AMOUNT REPRESENTING THE TRUE AND FiILL VALUE OF SUCH PROPERTY ORIGINALLY ACQUIRED BY THE UTILITY DEPARTMENT; AND TERMINATING A LEASE-PURCHASE AGREEMENT DATED JULY 7, 1969, CONCERNING SUCH PROPERTY," be introduced and adopted. -10- AU1~~~~ASHINGTON _ __ _ _ MONDAY MAY 7 , 1979 Ken Thompson noted to the Council that Section 7 of the ordinance is meaningless because of the schedule outlined in Section 6 as he interpreted it. In other words the City would be locked :into the interest even if the principal was paid off sooner than the 18 years. He added this method of payment was considerably more than other alternatives that have been discussed. Jack Beroiter said this was part of the negotiations between the State Attorney General's and Auditor's office. He felt it was the best legal. solution the city had. Councilmember Craig pointed out this was the best deal the City could get because it was based on 1969 rather than 1979 Land values. Mayor Kersey and Councilmember Larson asked for clarification of Section 7. Councilmember Flechsig reiterated Craiq's comments suggesting any deley could jeopardize the use of 1969 Land values in the contract. ROLL CALL VOTE: Councilmembers Larson, Hitchcock, Flechsig, Roegner, Kitchell and Craig voted YES. Councilmember Lea voted NO. MOTION CARRIED Resolution No. 973 It was moved by Craig, seconded by Larson, that Resolution No. 973, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN, TO ENTER INTO AN AGREEMENT WITH STRAMM ENGINEERS, INC., FOR ENGINEERING SERVICES FOR ACADEMY ZONE WATER SYSTEM IMPROVEMENTS FOR THE CITY OF AUBURN," be referred to the Utility Committee. MOTION CARRIED Resolution No. 974 It was moved by Lea, seconded by Hitchcock, that Resolution No. 974, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR OF THE CITY OF AUBURN, TO ENTER IN2'O AN AGREEMENT WITH THE STATE OF WASHINGTON, URBAN ARTERIAL BOARD, F'OR THE 1977-79 ACCELERATED DEVELOPMENT PROJECT. AGREEMENT FOR CONSTRUCTION PROPOSAL FOR THE "A" STREET SOUTHEAST .PROJECT," be adopted. ROLL CALL VOTE: A11 Councilmembers voted YES MOTION CARRIED Resolution No. 975 It was moved by Hitchcock, seconded by Flechsig, that Resolution No. 975, entitled, "A RESOLTUION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK DF THE CITY OF AUBURN, TO ENTER INTO AN INTERLOCAL SERVICES AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY FOR THE PURPOSE OF ANIMAL CONTROL SERVICES," be adopted. ROLL CALL VOTE: Cbunc:il~members Hitchcock, Flechsig, Kitchell, Craig and Larson voted YES Councilmembers Lea and Roegner voted NO. MOTION CARRIED Resolution No. 976 It was moved by Flechsig, seconded by Hitchcock, that Resolution No. 976, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF TXE CITY OF AUBURN, TO ENTER INTO AN AGREEMENT WITH KING COUNTY RAPE RELIEF TO PROVIDE ASSISTANCE TO VICTIMS WITHIN THE CITY OF AUBURN," be adopted. ROLL CALL VOTE: A11 Councilmembers voted YE5 MOTION CARRIED MISCELLANEOUS BUSINESS It was moved by .Larson, seconded by Flechsig, to authorize Ken Thompson to change [~ -11- ~~~ AUBURN, WASHINGTON MONDAY MAY 7, 1979 the original application to the Federal Aviation Administration from the purchase of 5 additional acres to reimbursement of the Water/Sewer Fund. ROLL CALL VOTE: Councilmembers Larson, Hitchcock, Flechsig, Roegner, Kitchell and Craig voted YES. Cauncilmember Lea voted NO. MOTION CARRIED It was moved by Larson, seconded by Flechsig, to authorize Ken Thompson to apply for any additional funds the Federal Aviation Administration might have available to fund the purchase of Water/Sewer property to be used as the municipal airport. ROLL CALL VOTE: ~ Councilmembers Larson, Flechsig, Roegner and Kitchell voted YES. Councilmembers Hitchcock, Lea and Craig vote_ YE5 ~~ION CARRIED There being no further business to come before the Council, the meeting adjourned at 11:52 p.m. ~, ~ ~~ STANLEY P ERSEY, MAYOR CORALEE A. MCCONNEHEY, CITY LERK -12- ~,~ ~+ AUBURN, WASHINGTON MONDAY MAY 21, 1979 The regular meet.r.ng of the Auburn City Council convened at 8:00 p.m. in the City of Auburn Council Chambers: ROLL CALL COUNCILMEMBERS PRESENT: Councilmember Roegner, Kitchell, Craig, Larson, Hitchcock Flechsig and Lea. STAFF MEMBERS PRt?SENT: Mayor Stan Kersey; Jack Bereiter, City Attorney; Len Chapma Parks and Recreation Director; Bi1I Herold, Personnel Director; John Holmes, Library Director; Coralee McConnehey City Clerk; Pat Nevins, Public Works Director; George Schuler, Planning & Community Development Director; Wi11 Spencer, Fire Chief, Ken Thompson, Finance Director; Ed Wilson, Police Chief. It was moved by Flechsig, seconded by Larson, that the minutes of the May 7, 1979, Council meeting be approved as mailed with the correction of the last action taken by the Council (Page 12 - authorizing Ken Thompson to apply far any additional funds the FAA might have) reflecting Councilmembers Hitchcock, Lea and Craig voted NO. MOTION CARRIED CORRESPONDENCE The City Clerk read the following items: 1, Conditional Use Permit Application from G. L. Honeysett to build a restaurant and cocktail lounge on property present.Zy zoned M-1 (Light Industrial) located on west side of~~C" Street S.W. in the 500 block. (Application 23-79) 2. Zone Change Application from Mariano & Priscilla Domiego to change from Unclassified to C-1 (Light Commercial), property located at 3824 "A" Street S.E. (Applica- tion 24-79) 3. Zone Change Application from Trillium Builders and Dan Saul to change from R-2 (Single Family) to R-4 (Multi-Family), property located at 2436 "I" Street N.E. (Application 2.5-79) 4, Request of Don Olsen and Gary Merlino for approval of a preliminary plat to be known as Mi11 Creek Industrial Park, property located approximately 1200 feet north of ISth N.W. between the Valley Freeway and Chicago Railroad right-of- way. (Application P-8-79) 5. Zone Change Application fxom Roger Hebert to change from R-2 (Single Family) to R-4 (Multi-Family), property located at 2326 "I" Street N.E. (Application 26-79) It was moved by Larson, seconded by Flechsig, that applications 23-79, 24-79, 25-79, P-8-79 and 26-79 be referred to the next regular meeting of the Planning Commission. MOTION CARRIED 6. Petition for Street Vacation by two-thirds of the abutting property owners, property located on portion of "B" NE lying north of 7th N.E. (Application V-2-79) It was moved by Lea, seconded by Hitchcock, that the City Attorney be instructed to draw up the necessary Resolution to call for a public hearing on the vacation request of two-thirds of the abutting property owners, property located on portion of "B" N.E. Lying north of 7th N.E. on June 18, 1979, at 8:00 p.m. in the City of Auburn Council Chambers. MOTION CARRIED 7. Letter from Les Rowland Construction Inc. requesting reconsideration of Zone Change Application 7-79. It was moved by Craig seconded by Hitchcock, to move on to the next item of business VOICE VOTE: MOTION CARRIED. -1 _