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HomeMy WebLinkAbout06-04-19792'7 3 AUBURN, WASHINGTON ~ MONDAY JUNE 4, 1979 The regular meer~ing of the Auburn City Council convened at 8:00 p.m. in the City of Auburn Council Chambers. ROLL CALL COUNCILMF,MBERS PRF.SE;NT: Councilmember Roegner, Kitchell, Craig, Larson, Hitchcock, Flechsig and Lea. STAFF MEMBERS P1;ESENT: Jack Bereiter, City Attorney; Zen Chapman, Parks and Recreation Directar; Bill Herald, Personnel Director; John Holmes, Library Director; Co.ralee. McConnehey, City Clerk; George Schuler, Planning & Community Development Director; Marv Seabrands, Assistant City Engineer; Wi11 Spencer, Fire Chief; Ken Thompson, Finance Director; Ed Wilson, Police Chief. It was moved by Hitchcack, seconded by Larson, that the minutes of the May l1, 1979, Council meeting be approved as mailed. MOTION CARRIED PUBLIC HEARINGS 1. Mayor Pro•-Team Flechsiy declared the public hearing open on the request of Bert Robison and Robison Construction to rezone a parcel of land approximately 2 acres W in size from Unclassified to C-3 (Heavy Commercial) and located at the southeast Q corner of 52nd and "G" Streets N.E (Application 10-79) The Planning Commission Q recommends denial of this request because it does not conform to the Comprehensive Land Use Plan. Also, if ire taking this request to the Citizens Land Use Committee and the Comprehensive Land Use Plan is amended in that particular area so that it. would allow a heavy commercial use, that the petitioner would not be required to pay again the fi.liny fee to have the property rezoned and brought before the Planning Commission again. Bert Robison, 14327-143rd, Kent, stated he felt this request would be consistent with what was in the area. He said the property was almost encompassed on the west and south by commercially zoned property. Robision added he realized he could not build on the property but he would like to use it for a storage area. Fie felt this use would serve as a bumper on the east which is single family. Gary Waldner, 188 O1ym.pic Way, Kent, owner of property near Mr. Robison's property, (also requesting rezone under Public Hearing No. 3) stated they had been to the Planning Commission and Citizens Land Use Advisory Committee and now to the Council. They wished to just use the area for storage. Ronald Stein, 1542.5 - 6th S.W., Seattle, property owner to the south, spoke in support of the request. He stated an appraiser had told him there was no way the area could .be developed. as a residential area because of the drive-in theater. As it. is the property is useless. He recommended the Council change it to commercial. It was moved by Larson, seconded by Kitchell, that the public hearing be closed. MOTION CARRIED f/.1tC17CQCk asked George Schuler .if equipment can .be stored on Unclassified zoned property. Schuler responded the only use of this property would be in accordance with the R-l zoning which is single family residential. It was moved by Larson, seconded by Roegner, to deny the request of Bert Robison and Robison Const.rurtion to rezone from Unclassified to C-3 (Application 10-79) and concur with the Planning Commission's recommendations that petitioner not be required to again pay the filing fee to have the property rezoned and brought before the Planning Commission should the Citzens Land Use Committee amend the Comprehensive Land Use Plan to allow heavy commercial in the area. Hitchcock questioned Schuler how Long it would take for the petitioner to go balk to the Citizen's Land Use Committee. Schuler replied it would take up to four months should the. Committee decide to amend the Comprehensive Land Use Plan. _1 ~~~ AUBURN, WASHINC,Z'ON ~- ~. MONDAY ~~ JUNE 4, 1979 Lea asked it~ thr~rcr was ,tn antic.ipatcd Yana change in the ar~:a in the new Cornprehens.tve Land Use PZa.n. Schuler rEasponded that under the present Citizen's Land Use Committee rE>commendations 5 acre lots per one xesidence was being proposed. !ie added there area approximately 100 acres which surround the dxive-in theater and if you were to put a buffer of commercial all around it you would create approximately anotlYe.r 100 acres of commercial area. Then you would have to .buffer that b1~ uses such as multi-family before you get to single family and you would be right back to the river. Craig asked .for clar.zfication because the petitioner mentioned the Citizen's Land Use Committee felt favorably about this rezone yet Schuler is saying something different. He added he felt the zone change should run its course with the revisi of the Comprehensive Land Use Plan. Lea stated he knew of no moratorium on rezoning and didn't feel denial of the request could be based on an upcoming revision to the Comprehensive Land Use Plan. 5chule.r addE~cl approval of this request would be in conflict of the existing Comprehensive Land Use t'Zan. ROLL CALL VOTE: Councilmembexs Larson, Flechsiq, Roegner, Kitchell and Craig noted YES. Counci.lmembers Hitchcock and Lea voted NO. MOTION CARRIED 2. Mayor Pro-Tem Flechsig declared the public heaxing open on the request of John D. Urban to rezone from M-2 (Hea vy Industrial) to R-4 (Multi-Family) a parcel of land 33,875 sq. ft. in size located on the north side of 37th St. S.E, in the 500 block. (Application 14-79) The Planning Commission recommends approval of this request because it w.i11 be a down-zaniny of the property and it will be compatib.Ze with existing and planned development in the area. No one spoke for or against the request. It was moved by Hitchcock, seconded by Lea, that the public heaxing be closed. MOTION CARRIED It was moved .by Craig, seconded by Larson, the request of Jahn D. Urban to rezone .from M-2 to R-4 (Application 14-79) be appxoved~ the comments of the Engineering Department be concurred with and the city attorney instructed to draw up the necessary ordinance. ROLL CALL VOTE: All Councilmembers voted YES MOTION CARRIED 3. Mayor Pro-Tem Flechsig declared the public hearing open on the request of Gary Walder. and Darryl Neal to rezone from Unclassified to C-3 (Heavy Commercial) a parcel of land 2.04 acres in size lying on the south side of 52nd Street N.E. approximately 259 feet east of "G" Street N.E. (Application ZS-79) The Planning Commission recommends denial of this request because: 1) The use does not conform to our Comprehensive Land Use Plan; 2) This site is in excess of 2,000 feet east of Auburn Way North (East Valley Highway): 3) There is not adequate size water mains to provide fire flow in this area. Also, if in taking this request to the Citizen's Land Use Carramittee and the Comprehensive Land Use Plan is amended in that particular area so that it would allow a heavy commercial use, that the petitioner would not be required to pay again the filing fee to have the property rezoned and brought before the Planning Commission again. Gary Waldner, 1~3f~ Olympic Way, Kent, co-owner of the property, stated he just wanted a variance to store pipe; he would be doing no building. He also said the nearby property ownexs had no objections. Darryl Neal, 367 Scenic Way, Kent, co-owner of the property, felt it was not feasible to let the property stay at its present zoning. He said he wanted to get some applicable zoning so they could do~ what they wanted with the property. Ronald Stein, 25425 - 6th S.W., Seattle, owner of the property south of the property in question, said he felt the property was in a pocket area subjected to a commercial -2- 2'75 AU73URN~_ vVASItINGTt)NJ,_~,V_` _~~~ MONDAY JUNE 4, 1979 pro:~.Zer,~ because o.f a porno theater. There are parties held on his property. He recanureend,~d L-his be taken to the Citizen's Land Use P1 an Committee for serious reassessment of residential zoning an property behind the theater. Tt_ was moved by Craiq, seconded by Kitchell, that the public hearing be closed. MOTION CARRIED It was naover.I by Roegner, seconded by Craig, the request of Gary Waldner and Darryl Ne~z1 `o rezone from Unclassified to C-3 (Application 15-79) be denied and the P1~2rz~~i.ng Commissiion's recamrnendations .be concurred with in that the petitioner nat .bc required to again pay the filirrg fee to have the property rezoned and brought before the Planning Commission should the Citizen's Land Use Committee amend the Comprehensive Land Use Plan to allow heavy commercial in the area. ROLL, CALL VO'"E„ Councilmembers Craig, Larson, Flechsig, Rpegner and Kitchell voted YES. Counrilrnembers Hitchcock and Lea voted NO. MOTION CARRIED 4. Mayor Pro-Vera F'1.echsig declared the public hearing apen on the request of Marion C1ar°1> to ~-t~.~one fx•nrn Unclassified to M-1 (Light Industrial) a parcel of Zand 10 acres in s;i.eci lying on the ec3st side of "B" Street N.W, in the 4500 block. (Applica- W tion 16--79) TFre Planning Commission recommends approval of this request because Q it will confc,rnz to our.• Comprehensive Land Use Plan and will be compatible with Q ex-fisting trz;d pz'o_~aa.z=d dGvE~lopment on adjoining properties. Consideration should a.Zso be given to the dedication of the west 20 feet of the site for the future i~tipro~rement cif "B°' Street N.W. Thomas Huzat, C.P.A., 14635 S.E. 266ttz, Kent, representing the buyer Bill Long, stated Mr. Long as well as the sellers were anxious for the request to pass. Bi11.i.e Frost, 1025 E. Laurel, Kent, co-selling agent of the property, stated both M.rs. Clark a.rzd Uil1 Long are .in full agreement- with the Planning Commission's recommendation for dedication of the west 20 feet. It was rrtovF>d by Hi_tchcack, seconded by Larson, that the public hearing be closed. MOTION CARRIED It, was moved by Craiy, sec.°ondorl by Hitchcock, the request of Marion Clark to rezone from U.ncl~3~;,~rifi%~cZ to M-_Z (Application 16-79) be approved, the Planning Commission's and F,nginecring Department's recommendations be concurred with and the city attorney instructed to draw up the necessary ordinance. ROI,I. CALL VOTE: A11 Councilmembers voted YES MOTION CARRIED 5. M~:zyor Pra--Trim Flechsig declared the public hearing open on the request of J. Vicente to a-ezone fr•c~m A-1 (Agriculature) with an Open Space classification to R-4 (Mu1ti- Fam_ilcl) and Fi-2 (:>ingle Family) a parce.Z of land 9 acres in size located on the east side of '"I'" ,~:treet N. F,. in the 3000-3100 blocks. (Application 17-79) The Planning Commission recommends approval of this request becuase it does conform to our CamprehensivE~ Land Use Plan and will provide a transitional zoning between the existing P9-1 (L7.ght Industrial.) use to the west and the single family use to the east. Also, the approval of this request is in order to advise the property owner of the use of Zand for planning proposes but recommend that the zoning be effective when access f-o.the site is extended from the north or south on "I" Street N.E. and that said access _z:s by an improved dedicated and maintained public street. Consideration should also be given to the dedication of the west 30 feet of the site for tl2e future improvement of "I" Street N.E. Larry E<idi.s, .Zr3?04 N.E. 31st Street, Redmond, representing purchaser of the property, st3tt'Q' he was in ~grer=rnent with the Planning Commission recommendations. No once else spoke fez' or against the application. Z't was moved by Craig, seconded by Larson, that the public hearing be closed. MOTION CARRIED -3- 2'~ 6 AiJFiURN, WASHING~'ON MONDAY JUNE 4, 1979 Craig noted there were going to be many de velopmental problems with the sewer and water and tlae deveyloper would not be allowed to obtain building permits until these problems werEs rc:so.Z ved . It was moved by Craig, sGCOnded by Larson, the request of J. Vicente to rezone from A-1 wit:h an Open Space Classification to R-4 and R-2 be approved, the Planning Comrni.ssion'::., and Engineering Department's recommendations be concurred with and the city att:arney be instructed to draw up the necessary ordinance. ROLL CALL Vc;TE; A11 Coi~ncilmembers voted YES MOTION CARRIED 6. Mayor Pro--T<yrn I'lechsig declared the public hearing open on the request of Ed R. Cavariaugh to rezone from R-3 (Duplex) to C-1 (Light Commercial) a parcel of land 7,350 sq. ft.. in size located on the northeast corner of "I" Street N.E. and East Main Street, (Application 18-79) The Planning Commission recommends approval of tl~ze request because it will conform to the existing uses in the general area. Pat Cavanaugh, 2 Riverview Drive, son of the petitioner, asked the Council to take favoralale action on the request. No one else spoke fo.r. or against the request. It was rnove~l by Larson, seconded by Hitchcock, that the public hearing be closed. MOTION CARRIED It was moved by Larson, seconded by Hitchcock, the request of Ed R. Cavanaugh to rezone from R-3 to C-1 (Applicat_ion 18-79) be approved and the city attorney be inst.rirct~=cZ to draw up the necessary ordinance. ROLL CAL1; VOTE. A11. Councilmembers voted YE5 MOTION CARRIED 7. Mayor Pro-Tem Flechsig declared the public hearing open on ~hhe request of Patrick O. Lerman to rezone from M-2 (Heavy Industrial) to C-3 (Heavy Commercial) a parcel of land app.roximateZ?,a 58.13 acres in size extending approximately 2600 feet north of 15th Street N.W. between the West Valley Highway and the Valley Freeway. (Applicati.on 22-79) The Planning Commission recommends approval of this request to be rezont~d to C-3 except for Chase areas designated as floodway area upon the praperty. And that the petitioner or .his engineer prepare a map to show at the City Council publ.i.c hearing that will designate specifically what areas and how much praperty is contained within the floodway area upon the praperty. Tam Darghousen, Cavness, Engineers, representing the owner, stated the owner was in agreement with the Planning Commission recommendations. He presented .for the record maps designating areas in the floodway area. Virgil Young, 114 •- 18th Street N.W., Puyallup, owner of 20 acres across the street from the property in question, just wanted to add his support of the request. Patrick Lenxian, deve.Zoper and owner of the property, stated he hoped the problem with tree C-3 zoning had been cleared up. It was moved by Larson, seconded by Hitchcock, that the public hearing be closed. MOTION :CARRIED Larson asked George Schuler what they could do in a C-3 they couldn't do in a M-2. Schuler responded C-3 is a general commercial classification which allows any retail permitted ire the commercial classifications. It would not allow any manufacturin of any nature. It would a.11ow professional offices. He added the petitioner had indicated they wanted a business office park. His research had shown this would bc~ ar. allowable use under the present M-2 classification. t~leci:sig asked George Schuler for futher clarification of his recommendation. Schuler replied the two reasons for recommending denial were (1) does not conform to the Comprehensive I.,and Use Plan and (2) Nearby property owners could come in with a request for the same use and it would be difficult to deny it. We could end up with another area of 100 - 150 acres of reta.iZ which would be similar -4- 2'7'7 AUBURN, WASHINGPON MONDAY Ji7NE 4, 1979 to the downtown area. He added the Comprehensive Land Use Plan when it was put together i.n 1968 was done to prevent sep~~ration of the business community. Neighborhood centcrso.f 5-10 acres in size were put in at major highway intersections to provide the needs for service stations, grocery stores and things of this nature. Craig asked Mr. Lcnnan if he had problems with .Mr. Schuler's recommendations. M.r. L~nnan :Mated he planned on making a transition from commercial use which should move down in, types of density and types of intensive uses across the property to t:he marzur'~acturing zoning. The planning is easier on 58 acres than 5 acres. tie felt he ~:ou1d not protect a commercial development from a manufacturing development with 5 acres. He added, he thought the area would not support a major corrune:,rci.a_Z development. Roegner ask<=d Lennon when he purchased the property. Leannan replied purchase negotiations began beak in September. Roegner asked if Lennon had been aware of the zoning. Lerman replied he had been. Craig expre;;sed his concern that a plat plan could not really be requested of a C-3 zone. I.f floe property is zoned C-3, there would be nothing to preclude the petitioner from building a shopping center. I,ennarz stat~ad the reason he. came for a C-3 zone request was because it was Less t.' .intensive t_i.ari a manufacturing zoning. A major commercial area would not fit W the area . Q Q H_i.tchcar_k asked Marv Seabrands for his comments on the floodway map. Seabrands stated the ,Street Comrn.ittee had reviewed and gave preliminary approval of the NUD flood map and he would recommend review of the proposed rerouting including calculations by HUD. If HUD's engineering people agree with the change then the Engineering Department could accept the figures as Long as proper storage area was there. Seabrands added you would have to be careful in deepening the channel in that the ground crater table is about at the surface in the winter and by deepening the channel you wi.11 not provide additional storage. Larson asked Schuler. if you could have a Sea-Tac Mall under a C-3. Schuler answered ges. Mr. Lenrran commented he may be misreading the code. The Last line of the C-3 reads, "'and they do not normally involve as intensive use of Land of those com- prising a retail stropping center." He stated he didn't see a Sea-Tac Ma11 in it. George Sahu~?er stated there are 102 uses a.f which could be used in a retail shopping center. Schuler suggested if Mr. Lennon was interested in a transition zoning he ask the Council to table the request, make up a site plan and come in and have it reviewed so a formal recommendation could be made. Lea suggested if the trade could support another "~downtowr7 Auburn"So be it. Zf the trade wvn't support it, then the peeitioner has his neck out. Lea added he didn't thinl; the Council was in a position to say where they really wanted to end the town of Auburn. He stated he didn't see any merit in tabling the issue. Craig expre~rsed hi.s thought that in tlae final analysis what has to be considered is what is croing to allow the petitioner to put in something that is going to return mozaeci on his investment. Craig .felt another Sea-Tac Ma11 would not develop in ths~ area and t_he Council should encourage development of the area. F'lechsiy ast:ed Tom Barghousen if his reference to a rerouted channel meant they thought then could take up some of the flaodway land. Barghousen responded there is a method by calculating out where you Can force the flaodway into a narrower band and reu;lign the creek. Whatever is done will have to have appropriate approvals. rie fr_~1 t thi4:~ matter <ict not affect the rezone; it was just a physical problem wtricrr could make the land more useable whatever the zoning. Roegner askE~d George Schuler if the creek was realigned would it mean the environ- mental. rheck list would have to be redone. Schuler responded if they did anything to the property they would have to go through the process again. -5- ~~~ AUl~U11N r_. WAa'il.d'NC:T'(>Nw__.........._~,.._~__....._~...... MONI)AY.__.._...._~...~..._..-.~..._....._-.._..._ JUNE 4, Z 979 11~ar.c~luyusFan ac(dcrl thc~ u.a~~s undo+,r thc~ G`-3 may not ba the most desirable for everyone, but the uses al.Zowed' und~ar the M-2 are much less desirable expeciallry in a Zocation such as this. A C-3 zoning was like a down-zoning compared to heavier industrial uses. It was moved by Craig, seconded by Lea, the request of Patrick O. Lennon to rezone from M-2 to t:-3 (Appli.cation 22-79) be approved, the Planning Commission's and Engineering Department`s comments be concurred with including the designated floodway areas and the city attorney instructed to draw up the necessary ordinance. ROLL CALL VO:!'E: Councilmembers Craig, Hitchcock and Lea voted YES. Councilmembers Larson, Flechsig, Roegner and Kitchell voted NO. MOTION FAILED It was moved b4 Larson, seconded by Roegner, to table this request until the next regular Council. meeting of June 18, 1979, and ask the applicants to get together with the Planning Department to see if a resolution to differences could be made. ROLL CALL VD:~"E: A.ZI Councilmembers voted YES MOTION CARRIED AUDIENCE PARTICIPATION Councilmembez• La.^son asked Jack .8ereiter for an update on the Auburn Manor condominium situation. Be.reiter conveyed to the Council he felt he was not in a position at this time to file suit. He is watching the matter. George Wilbourne, Kent, former resident of Auburn Manor, advised the Council he was still involved in the situation. Warren Kohler, ?10 - 37th Street .S.E., thanked the City for their help in the condo- mininiumization problem of Auburn Manor. BID OPENINGS Bids were opened at 11:00 a.m., May 30, 1979, on L.I.D. 297, undergrounding in alley south of Main St:r~et, Contract 79-08. Only one bid was received from West Coast Electric Ca. bidding 548,245,00 basic and $55,165.00 alternate. The Department o.t' Public Works recommends the bid be rejected and authority be given to rebid this project. It was moved by Lea, seconded by Larson, that the bid for L.I.D. 297 be rejected and authority given to rebid the project. MOTION CARRIED RECOMMENDATIONS The Department of Public Works recommends the following for Council approval: 1. Award Contract 79-O1, LID 303, sanitary sewers area 15th Street N.W. and West Valley Highway to Shoreline Const. Co. on thew low bid of $658,470.00 plus sales tax of $35,557.38 fvr a total at unit prices bid of $694,027.38 and including Alternate ..B„ . It was rrioved by Craig, seconded by Larson, to award Contract 79-01, LID 303, to Stiore.iine Const. Co, on their low bid of $658,470.OD plus sales tax of $35,557. for a total at unit prices bid of $694,027.38 and including Alternate "B" ROLL CALL VOTE: A11 Councilmembers voted YES MOTION CARRIED 2. Pay Est.z.mate No. 4, Contract 78-10, San. Sewer Imp. #39, repair/replacement various sanitary sewer lines, to Valley Cement Coast. Co, in the amount of $16,894.10 Contract Amount Earned to Date $151, 999.45 73,236.98 (Incl. $6,948.48 retainage) -6- 2'7 9 A7J£3f1RN, WA:~I~.TNGTC)N MONDAY JUNE 4, 1979 Xt was moved by Crai.y, seconded by Larson, that Pay Estimate No. 4, Contract 78-10, San. S~-:war Irnp. !139, to Va11~y Cement Const. Co. in the arrbunt of $16,894.10 be approved for payrnc~nt. HOLE C`A.LL VO`!`E: A11 Councilmermbe.rs voted YES MOTION CARRIED 3. Pay Estimate No> 2, fiinal., Contract 79-02, St. Imp. 215, F,. Main & "D" Street parking lot is KZokstad Concrete Const. i.n the amount of $747.94. c:_~ntract Amount $8,428.26 TataJ. Earned 7,927.33 (Inc1. $752.12 retainage) It wa,s moved by Lea, seconded by Larson, that the project be accepted by the C..ity ~zs r_onrplete and Pay Fstimate No. 2, final, to Klokstad Concrete Const. .for $747.9~~ bra approved for payment and the retained percentage amounting to $752..22 be p~ricZ i.n thirty days provided no liens or claims are filed and clearance is ,secured from i~he Department of .Labor and Industries. ~~nn ROLL CAZ,L "VOTE: All Cauncilmembers voted YES MOTION CARRIED ~.J 4. P,~y L•'vti.rn,~to Nv. 1, fina~Z., Contract 79-D4, Water Irnp. 117, fencing of Caa1 M Cz•~aek ~~Z~r: zar~~,, to Tor-Nadu r^erase Co. ® Inc. in the amount of $2,726.05. W C,:~ntract Amount $3,3D3.24 Q `C'otal E~arnr=d 3,011.80 (Inc1. $285.75 retainage) Q Tt was movF:~d :ray Cr~~ig, seconded by Larson, that the project be accepted by the C'.i t y as co7rrp= eie grad Pay Estimate No. 1 , final , to Tor-Nado Fence Co. , Inc. , f_or $%,726..05 he approved for payment and the retained percentage amounting to $285.75 be p~=rid .in thix•ty days provided no liens or claims are filed and clearance ,_s seczrr<~d f.~.°nm the P,eT~artment of Labor and Industries. ROIL CALL VOTE: A11 Councilmembers voted YES MOTION CARRIED 5. Change Order Na. 2 to Va11ey Cement Co.nst. Co., Contract 78-10, San. Sewer Imp. #39, adding rc~~~lac~eznent of sower at approx. 4th N.W. from "H'° to °'D" Sts. N.W. (San. Sewer :rmp. #44), extencYirrg contract completion time by 22 working days and deleting sewer Z.ine r~=,x~lacernc~nt: "dt" 5t. N.W. from .Main St. to approx. 5tla N.W. , deleting sewer ~^eplac=meat north of 10th S.E. between "C'° and "D" Streets and in alley between Division and "A" Streets S.E. for a net increase of $23,311.74. It was mov6='d by Crai„ seconded b,° Larson, to approve Change Order No. 2 to [Talley Cement Co.nst. Co. , Cant.r•act 78-10, San. Sewer Imp. #39, increase in the amount of .~23,3.Z.Z.7~. ROIL C1tLL VO':PE: All Counci.lmembers voted YE5 MOTION CARRIED 6. Contract 79-03, Watez• Irnp. 116, cathodic protection of the Lea Hi 11 Reservoir bids be reje~^ted and authority is requested to rebid this project. It w;:rs moved by Craig, seconded by Larson, that bids for Contract 79-03, Water rmp. _216, be r.ejerted and authority given to rebid the project. VOICE VOTE: A11 Councilmemt~rs voted YES MOTION CARRIED COUNCIL COMMITTEE REPORTS Munic~ial 13ui~~d.inc~7 Commi.ttce -Chairman Bob Roegner - No report _ Plarrninc~ ~~ r3eaut_ificatior, i'ommittee - Chairwoman Lillian Kitchell - No report Ut.i l i 1~ y Cornrni t to ~ - Chair. rnan Ron Craig Z~t was moved by ~:.raig, seconded by Larson, to authorize Pat Nevins to enter into a Zetter of :~greem~~nt with URS to proceed with engineering services at an authorized -7- ~~o AUBURN, WASHINC;'OA7 MONDAY JUNE 4, 1979 cost not. t: ca e.>xra=c~~d ,2,000.00 p.rovidc~d thc~ d~.~va.lopar signs an acl.reement to pay for the e.'r'rc~r.rarFa.ri.rzc~ sc:'r, v i. c:•r:~:i . RUI:L; CALL VOTE: A.11 Cauncil.members voted YES MOTION CARRIED It was moved by Craig, seconded by Hitchcock, to authorize the Mayor to enter into a letter of agreement with STRAAM Engineers to proceed with engineering services at an authorized cost not to exceed $10,000 provided the developer signs an agreement to pay the engineering costs. KOLL CALL VOTE: AIZ Counci.Imembers voted YES MOTION CARRIED ~ Tt was moved by Craig, seconded by Larson, to declare the property adjacent to the south line of 904 - Sth Street N.E. (Nancy Colson) and instruct the city attorney to look into th<= proper way to sell the property retaining an easement for the existing . storm sewer across t_he px•o,perty. ROLL CALL VOTE: A11 Cauncilmembers voted YES MOTION CARRIED Airport Counc%J Committee - Chairman Bud Larson It was move=d by I,a.rson, sec,•onded by Kitchell, to instruct the City Attorney to rase whatever ap~~rop~°iate 1.eyal means to obtain the insurance monies due on the damage which was dome .::o the Airport's 6Vind "T" . RUZ.L L'ALL VOTE': All Councilmembers voted YES MOTION CARRIED Public Safety Committee - Chairman Lewis Hitchcock It was mrwed icy Hitchcock, secanded by Roegner, to declare the Fire Department'. 1953 Seagraves Fire aingine surplus and authorize a call for bids to sell .it. ROLL CALL VOTE: A11 Councilmembers voted YES MOTION CARRIED It was moved by Hitchcock, seconded by Roegner, to authorize entering into a lease agreement for Royal 115 copy machine at $142.71 per month for 36 months provided the Finance Dir<?ctor and City Attorney approve the contract. ROLL, CALL VOTF': A1.1 Councilmembers voted YES MO4'IO!V CARRIED It was moved by Hitchcock, seconded by Roegner, to approve applications for fireworks stands for Ian Tara.Zor, Groan River Steelhead and Traut Club, Auburn Chamber of Commerce, Truth I'abernacl<w Church, l3o1y Farn.ily Parents Club, Auburn Jaycees and Gospel Missionary Globe Trat.tex•s. MOTION CARRIED Ordinance No. 3405 It was moved by Hitcrock, seconded by Roegner, that Ordinance No. 3405, entitled, "AN ORDINANCE OF THn' CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CODIFIED CITY ORDINANCE 5.36.020 (fERTA.t'NING TO LICENSING OF CARNIVALS, CIRCUSES AND SHOWS) TO INCLUDE A REQUIRE- MENT THAT NON Pi'~OF'IT CARNIVALS, CIRCUSES AND SHOWS SHALL HAVE TO REGISTER WITH THE AUBURN CI2'Y CLEx2K PRIOR TO OPERATING SUCH ACTIVITIES," be introduced and adopted. ROLL CALL VUTE: All Councilmembers voted YES MOTIUN CARRIED It was moved by H.1tC.17COCk, seconded by Roegner, to declare Police Department Units #29 ,35, 38 and .39 surplus and authorize a call for bid to sell,the vehicles. ROLL CALL VOTE-. A11 Councilmembers voted YES MOTION CARRIED r Finance Committee - Chairman Al Flechsig Mary Hu1lres of ~°"osier s Marshall Inc. presented a proposal to purchase C.L.I.D. bonds from the City o f~ Auburn . It was moved by Flechsig, seconded by Larson, to authorize the Mayor and City Clerk -t3- 281 AUBURN , WASHI NG'I'ON MONDAY JUNE 4, 197 to enter into a purchase agreement for C.L.I. D, bonds for L.I.D. 's 281, 284, 285, 287, 258, 289, <?90, 291, ?.92, 293, 294, 301 and 302. ROLL CALL VOTE: A11 Councilmembers voted YES MOTION CARRIED It was moved L'LI Flechs_zg, seconded by Craig, to authorize the Mayor and City Clerk to sign an agreement carzic.~h enable the City to lease NCR data processing equipment contingent cn NC;'12 si.rbrnitting an agreement that is acceptable to Bob Bunting of Moss, Adorns & Co. , tlzea City's Finance Director and City Attorney. ROLL C'AL.£, VOTE: A11 Courzcilrnembers voted YES MOTION CARRIED It_ was moved by .F1eclzsicJ, sE>conded by Larson, to approved accounts payable on checks _Z 677 t.Zircuglr 18.1.4 i n the amount of $.340, _557.40 and payroll checks 2500 through 2784 irz the: arnoznt of $16b',647.08. ROLL CI1L,L "VOTE.: A11 Counci Zmernbers voted YES MOTION CARRIED Street and •F;rgi,reering Coznmi ttee - Chairman John Lea Ordinance No. 3404 .1"t w:~.> moc>er b!a ,'_,e~r, :r~c:onded by Craig, that Ordinance No. 3404, entitled, "AN ORDINANCE W OF TFIE CIi^3' t~7~' f',UT3iJr'2Nr WASHINGTON, REPEALING CERTAIN SUB SECTIONS OF AUBURN CODIFIED Q CITY Or'ZD.£NANCE 1 ~, 36.290 RELA'll-NG TO PROHIBITED PARKING AREAS - NORTHEAST AUBURN, Q AND ADDING A NEh' :TUB SF.'C3'.iON :T'HEREF'ORE,"' be introduced and adopted. ROLL CAI £, V;?TE: 1411 Councilmembers voted YES MOTION CARRIED The decis.icn of the St:rc~et and Engineering Committee to close the Fire Department parking 1_ot and the :'~at,c.r.•'s r~7ay 1.`,~, 1979, memo on the closure was discussed. It was moved by F'_1c~chsig to delay action on closing until the problems and questions an closure of tl~e Tot aa.re re:~olved. T_he motion died fora lack of a second. 1't was moved ~~y Ilitehcock, seconded by Craig, to table the discussion until the Mayor was press-nt:. MOTION CARRIED ORDIIVANCE.S AND RE5OLIITZONS Ordinance No. 3397 It was moved by Lea, :seconded by Larson, that Ordinance No. 3397, ent.tled, "AN ORDINANCE OF THE CITY OF AUBI112N, WASHINGTON, AMENDING AUBURN CODIFIED CITY ORDINANCE NO. 2.54.020 RELATING TO PR1'VATE VE'HICZ:E USE REIMBURSEMENTS, °' be introduced and adopted . ROLL CALL VOTE: A11 Councilmembers voted YES MOTION CARRIED Ordinance Na. 3398 It was moved by Larson, seconded by Fioegner, that Ordinance No. 3398, entitled, "AN ORDINANCE OF TFIE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 2 OF AUBURN-CITY ORDINANCE NO, 3.349, IZE.LA`lI ^JG' TO TH1 ESTABLISHMENT OF FEES TO BE CHARGED TO INDIVIDUALS REQUESTING CERTAIN PEtMITS .?iND ACTIONS BY TFIE CITY, PURSUANT TO THE LAWS OF THE STATE OF WASHINGTON AP1D TIiF, ORDINANCF,S OF THE CITY OF AUBURN," be introduced and adopted. ROLL, CALL VOTE: A1.1 Councilmembers voted YES MOTION CARRIED Ordinance No. 3399 .T"t was movE~d tJy :t'14chsig, seconded by Larson, that Ordinance No. 3399, entitled, "AN ORUIPIANCF, OF" T£IL;' CI~'Y OF' AUBURN, WASHINGTON, APPROVING THE PLAT OF MEADOWMOOR ADDITION TO THE C.ZT1' OF AUBURN, ACCORDING TO THE PLATTHEREOF ON FILE WITFI THE CLERK OF THE CITY OF' AU.EURN, t~'A5HTNGTON," be introduced and adopted. ROLL CALL 6'OTE: A1Z Councilmembers voted YES MOTION CARRIED -9- ~~2 AUBURN, WASHINGTON MONDAY JUNE 4, 1979 Ordinance No. 3400 It was moved by 1itchcock, seconded by Larson, that Ordinance No. 3400, entitled, "AN ORDINANCE OF THE CITY OF' AUBURN, WASHINGTON, ADDING A NEW CHAPTER TO THE CODIFIED CITY ORDINANCES, RELA2'ZNG TO OUTDOOR FIRES, LICENSING AND'REGULATIONS THEREOF," lie i:~troduced and adopted. ROLL CALL VOTE A11 Councilmembers voted YES MOTION CARRIED Ordinance No. 3401 It was. moved by 1;ea, seconded by Craig, that Ordinance Na. 3401, entitled, "AN OiDINANC OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT ON PROPERTY ZONED R-3 LOCATED ON A PARCEL OF LAND APPROXIMATELY 10,000 SQ. FT. IN SIZE LOCATED AT THE SOUTHWEST COF'NER OF EAST MAIN AND "R" STREET S.E., WITHIN THE CITY OF AUBURN, WASHINGTON," be introduced and adopted. ROLL CALL VOTE: A11 Councilmembers voted YES MOTION CARRIED Ordinance No. 3402 It was moved by Larson, seconded by Hitchcock, that Ordinance No. 3402, entitled, "AN ORDINANCE' OF THE CITY OF AUBURN, WASHINGTON, ADDING NEW SUB SECTIONS TO CHAPTER 1$.16. 020 .AND 18.18.020 A.ND AMENDING CHAPTER 18.44.030 OF THE CODIFIED ORDINANCES OF THE CITY OF AUBURN, F'ELATING TU ZONING REGULATIONS," be tabled until the next regular Council meeting of June 18, 1979, for further clarification. MOTION CARRIED Ordinance No. 3403 It was moved brI C.ra.ig, seconded Larsen,, that Ordinance No. 3403, entitled, "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE EXPENDITURE OF $161,645.01 FROM MONIES OBTAINED UNDER AUL~CIRN Z,ID 294 FOR CONSTRUCTION IMPROVEMENTS IN CONJUNCTION . WITH AUBURN LID 303," be introduced and adopted. ROLL CALZ, VOTE: A11 Councilmembers voted YES MOTION CARRIED Ordinance No. 3404 Passed under Strs~et.and Engineering Committee Report. Ordinance No. 3405 Passed under Pub.l.ic•Safet.y Committee Report. Resolution No. 978 It was moved by Lea, seconded by Craig, that Resolution No. 978, entitled, "A RESOLUTION OF TFIE CITY OF AiIBUFtN, WASHINGTON, RELATING TO THE PROPOSED VACATION OF STREET RIGHT-OF- WAY SITUATED OlJ A PORTION OF "B" STREET N.E. LYING NORTH OF 7th STREET N.E. WITHIN THE CITY OF AUBURN, WASHINGTON," be adopted. ROLL CALL VOTF': A11 Councilmembers voted YES MOTION CARRIED Resolution No. 979 It was moved by Zarson, seconded by Craig, that Resolution No. 979, entitled, "A RESOLUTION OF THE CITY COIlNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK, TO SIGN, DN BEHALF OF THE CITY, AN AGREEMENT BETWEEN THE CITY AND C. E. LOVELESS & ASSOCIATES, AUTHORIZING THE CITY TO UTILIZE CERTAIN REAL PROPERTY OF SAID C. E. LOVELESS & ASSOCIATES," be adopted. ROLL CALL VOTE: A11 Councilmembers voted YES MOTION CARRIED -10- AUBURN, WASHINCTi~N MONDAY 283 JUNE 4, 1979 Resolution No. 980 ~.e./ M~ l' l ~.1.~ Q Q 1 Tt wa.s moved by Crai.q, seconded by Larson, that Resolution No. 980, entitled, "A RESOLUTION OF' TF1.~' CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DECLARING ITS INTENTION 'l0 ORD!1R THE CONSTRIICTTON OF TRUNK AND SIDE SANITARY SEWER IN "B" STREET N.W. BETWEEN 39T.~{ AND 36TH STREETS N.W., AND SANITARY SIDE SEWER CONNNECTIONS FROM SEWER LATERAZ, TO PROPERTY LINE, AND TO CREATE A LOCAL IMPROVEMENT DISTRICT TO ASSESS THE COST. AND .EXP.~;NSE TI3EREOF AGAINST THE PROPERTIES SPECIALLY BENEFITED THEREBY; AND NOTTF'YTNG AL.L PERSONS WHO DESIRE TO OBJECT TO THE IMPROVEMENT TO APPEAR AND PRESENT .TFiL'It2 OB~TECTIONS AT A HEARING BEFORE THE CITY COUNCIL TO BE HELD ON JULY 2, 1979,°' be i.nfirod.aced and adopted with a correction in Section 5 to z`ead "The Director of Public Wor.~s" rather than "Pat Nevins, City Engi~aeer." ROLL CALL VOTE: A11 Cauncilmembers voted YES MOTION CARRIED 2'here being no f,lrther business to come before the Council, the meeting was adjourned at 11:49 p.m. STANCE P. KERSEY, OR CORALEE A. MCCONNEHEY, CITY ERK -11- ~~4 AUBURN, WASHINGTON MONDAY JUNE 18, 1979 The regular meeting of the Auburn City Council convened at 8:00 p.m. in the City of Auburn Council Chambers. ROLL CALL COUNCILMEMBERS P12ESENT: Councilmember Roegner, Kitchell, Craig, Larson, Hitchcock and Lea. COUNCILMEMBER EX("USED: Councilmember FZechsig. STAFF MEMBERS PRI;SEIVT: Mayor Stan Kersey; Len Chapman, Parks and Recreation Director; Bi11 Herold, Personnel Director; Jahn Holm=as, Library Director; Coralee McConnehey, City Clerk; George Schuler, Planning 6 Community Development Director; Marv Seabrands, Assistant City Engineer; Wi11 Spencer, F.i.re Chief; Ken Thompson, Finance Director; Ed Wilson, Police Chief It was moved l:y Kitchell., seconded by Roegner, that the minutes of the June 4, 1979, Council meeting be approved as mailed. MOTION CARRIED PUBLIC HEARINGS Mayor Kersey dec.1ar_ed the public hearing open on the Final Assessment Ro11 of Local Improvement Di.st.a•ict No, 7.96, providing for curb and gutter, excavation, ballasting, storm drainage, asphalt, concrete surfacing, water mains and fire hydrants on "O" Street S.E. betwE:~en 29th and 30th Streets S.E. No one spalfe fo.r or against the assessment roll. It was moved by Lea, seconded by Hitchcock, that the public hearing be closed. MOTION CARRIED It was moved by Lea, seconded by Hitchcock, that the Final Assessment Ro11 of L.I.D. 296 be confirmed and the City Attorney be directed to draw up the necessary ordinance approving and confirming the assessments and the assessment roll. ROLL CALL VOZ"E: A11 Councilmembers voted YES MOTION CARR1'ED CORRESPONDENCE The City Clerk re~sd the following items: 1. Zone Change Application from Wembley Enterprises, Ltd., to rezone from Unclassified to R-2 (Si.ng1e Fami.Zy) and 12-4 (Multi-Family) , property located south of South 277th Street (52nd Street N.E.) and west of the Green River. (Application 27-79) 2. Zane Change Application .from TransCanada Enterprises, Ltd., to rezone from Unclassified to R-TP (Mobile Horne Park District) and R-T (Residential Mobile Home District), property located on south side of Stuck River approximately 1/2 mile east of "R'° Street S.E. (Application 28-79) 3. Zone ChangE> Application .from Charles E. White/Western Wash. Corp. of 7th Day Adventists to rezone from M-2 (Heavy Industrial) to R-4/CUP (Multi-Family with a Conditional. Use Permit far a Church), property located on south side of 29th Street S.E. in the 500-600 blocks. (Application 29-79) 4. Zone Change Application from Puget Sound Power & Light Co./MICA Associates to rezone from Unclassified to M-1/CUP (Light Industrial with a Conditional Use Permit for an electrical substation facility), property located between 37th and 29th Streets N.E. and between the State Highway 167 and Chicago Milwaukee Railroad right-of-way. (Application 30-79) 5. Request of Subdiv_isiorr Management for approval of a preliminary plat to be known as Janssen's addition, property located east of 35th and 37th Streets S.E. -1-