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HomeMy WebLinkAbout03-01-1971 I I I AUBURN, WASHINGTON MARCH 1, 1971 MONDAY The regular meeting of the City Council the Council Chambers of the Auburn City 17 ;3 of the City of Auburn convened at 8:00 P.M., in Hall. The meeting was called to order by Mayor Kersey. Councilmen present: Councilmen Kline, Sonnemann, Shaughnessy, Darling, Holman, Fiedler and Nickson. APPROVAL OF MINUTES It was moved by Darling, seconded by Holman, that the Council Minutes of February 16, 1971 be approved as mailed. It was moved by Kline, seconded by Hoiman, that the agenda sequence be reversed for the Public Hearings and that Public Hearing 3 and 4 be considered prior to 1 and 2. MOTION CARRIED PUBLIC HEARINGS Mayor Kersey declared Public Hearing open on request of Lowell A. Nelson to rezone from R-2 to M-l a parcel of property located at 212 Clay St. N. W. (Application No. 4-71) The Planning Commission recommends to the City Council the granting of this application inasmuch as it conforms to the Comprehensive Land Use Plan of the City of Auburn and that consideration should be given to the dedication of the Easterly 10 feet for the future widening of Clay Street to a 60 foot right-of-way. It was moved by Fiedler, seconded by Darling that the Public Hearing be closed. MOTION CARRIED It was moved by Fiedler, seconded by Sonnemann, that the request to rezone from Lowell A. Nelson be granted with the provision that he dedicate the Easterly 10 feet for the future widening of Clay Street to a 60 foot right-of-way, and that the City Attorney be instructed to prepare necessary ordinance granting rezone. ROLL CALL VOTE: All Councilmen voting YES. MOTIO N CARRIED Mayor Kersey declared Public Hearing open on request of the Auburn School District to rezone from R-2 to P-l for the purpose of constructing a Forward Thrust Swimming Pool on the property located at 520 4th St. N. E. ¡Application No. 5-71) The Planning Commission recommends to the City Council the granting of this application inasmuch as it conforms to the Comprehensive Land Use Plan of the City of Auburn and that consideration should be given to a joint-use agreement between the School and the City of Auburn stating that the School parking lots will be available for the overflow parking for the swimming pool. David Ziegler, representing the School District, requested the Council approve this application. It was moved by Holman, seconded by Nickson, that the Public Hearing be closed. MOTION CARRIED It was moved by Nickson, seconded by Holman, that the Planning Commission recommendations be concurred with and the rezPne request of the Auburn School District be granted subject to the joint-use agreement between the School and the City of Auburn stating that the School parking lots will be available for the overflow parking for the swimming pool, and that the City Attorney be instructed to draw up the necessary ordinance granting rezone. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED Mayor Kersey declared Public Hearing open on request of Bonanza Investment Company to rezone from Unclassified to a SEU for gravel removal, property located East of Oravetz Road and South of the Stuck River. (Application No. 15-70) The Planning Commission recommends to the City Council the granting of this request inasmuch as it conforms to the interim use of the land in conformance with the Comprehensiv Land Use Plan of the City of Auburn, and that this application be granted with the following conditions as recommended by the Planning Department: 1. That a Special Property Use Permit be granted for the extraction of natural resources (sand and gravel) from the property legally described as follows: that portion of the SE 1/2 of the SW 1/4 in Section 29, Twp. 21N, R5 EWM, lying South of the Stuck River; l1¥fURN, WASHINGTON and the extraction of gravel processing and follows: MONDAY MARCH 1, 197.l natural resources (sand and gravel) together with accessory uses on the property legally described as all that portion of N 1/2 of the NW1/4 in Section 32, TWP 21 N, R5E, W.M., lying East of Oravetz Road. 2. That the existing gravel processing plant and accessory uses that were granted by King County Permit ZA 62-126 on land parcel described as: that portion of the SW 1/4 of the SW 1/2 in Section 29, Twp 21 N, R5E, W.M. lying South of the Stuck River and East of Oravetz Road; and Permit ZA 63-211 on land parcel described as: that portion of the SE 1/4 of the SW 1/4 in Section 29, TWP 21 N, R5E, W.M. lying South of the Stuck River; I be relocated to the land parcel immediately South of the existing location as shown on the plans prepared by LeRoy Engineers, Puyallup, Wash., dated 20 December, 197.0, and filed with this application as Exhibit "A"; provided, the following is accomplished: a. That natural screening be retained surrounding the plant site and, where no natural screening exists, that suitable trees be planted to provide said screening, said screening to be of sufficient height so that said plant site will not be visible from Oravetz Road. This new proposed plant site can take advantage of the natural topograph features, i.e., it would be located down in a hollow behind and to the South of a high ridge of unusable natural materials. This hollow is also surrounded by a dense green belt area. The high ridge to the North and the dense green belt area surrounding the site will substantially deaden and muffle any noise from the operation of the processing plant or the equipment and also screen and help conceal the plant from public view. 3. That prior to the removal of materials (sand and gravel) from any portion of the property covered under Appl~cat~on No. l~-/U, the owner s~gn an agreement with the City of Auburn to be binding on his heirs, successors and assigns agreeing to terminate all removal and processing of natural resources from the property covered under the two permits ZA 62-126 and ZA 63-211 issued by King County and that the removal of the balance of the natural resources be in accordance with the provisions outlined under Application No. 15-70 of the City of Auburn; and further provided that three additional stipulations be included in said agreement as follows: I a. That a Restoration Plan for that portion of the property where removal of natural resources has been completed be submitted for approval of the plan- ning, Beautification and Building Codes Committee of the City Council, said Restoration Plan shall include but not be limited to those conditions imposed under the two County permits. b. That after approval of the Restoration Plan by the Committee, a performance bond in the amount of $1,000 per acre be filed with the City guaranteeing restoration. c. That said restoration begin within one (1) year after the approval of said restoration plans. 4. That not more than one 20 acre site shall be disturbed by surface m~n~ng for the extraction of gravel together with one opening not to exceed 5 acres for the extraction.of SAND ONLY. In applying for individual opening permits, the following procedures shall apply: a. The operator shall submit a plan showing the initial twenty (20) and/or five (5) acre segments for a unit permit to be authorized by the City Council. I b. To obtain a unit permit, the operator shall submit a request, together with his plans, to the Planning, Beautification and Building Codes Committee of the City Council, who shall review each request as to compliance with the requirements and conditions of the area permit and the Comprehensive Grading Plan and made a recommendation to the City Council. The application for a unit permit shall include: (1) A map showing the initial point of excavation together with a legal description of the area to be excavated. Said area shall be visibly marked upon the ground with staking and flagging to as to be visible to the inspectors. They shall also include the establishment of an I I I AUBURN, WASHINGTON MONDAY MARCH l, 1971 1,-r,... { :) elevation bench mark adjacent to the site to be used to control grade elevations. Elevations shall be established by U. S. Coast and Geodetic mean sea level. (2) That a performance bond guaranteeing restoration of the graded area and compliance with the conditions of this permit in the amount of $1,000.00 per acre be submitted with each unit permit. (3) Approvals from the State of Washington agencies pertaining to air pollution, water pollution and land restoration shall be submitted to the Planning Department of the City of Auburn prior to removal of any material from any of the approved unit sites. (4) When the mining on a segment is completed, a survey shall be submitted by a licensed professional Land Surveyor showing that the excavation is in conformance with the profiles as shown on the Comprehensive Grading Plan prior to applying for an additional unit permit. 5. Upon completion of mining on any segment (as shown on plans), the required rehabilitation work shall be commenced as soon as practicable but in no event later than one year from the completion of mining on the segment. 6. The topography after excavation shall comply with the grades and profiles as shown on Exhibit "A" of the City Council resolution authorizing the Comprehensive Grading Plan. 7. That all haul roads within the permit area or over adjacent property utilized for truck traffic be surfaced to eliminate dust. Said surfacing to be asphaltic concrete paving or bituminous surface treatment with crushed rock cover. 8. That any unimproved dedicated right-of-ways used for truck traffic between the excavation and Oravetz Road shall be constructed in conformance with the City's specifications for the classification of road in conformance with the City's Comprehensive Street Plan. 9. The hours of days a week. holidays. operation shall be limited to--from 7:00 A.M. to 7:00 P.M.--six No material shall be removed from the site on Sunday or legal 10. That all equipment operating within the permit area, using gasoline or diesel engines, be equipped with a muffler. A muffler means a device consisting of a series of chambers, baffles or other mechanical designs for the purpose of receiving exhaust gases from an internal combustion engine and effective in reducing noise resulting therefrom. 11. The Department of Planning and Community Development shall have the right to make inspections of any property at any reasonable time as deemed necessary to determine compliance with the permit. The Department shall notify, as deemed necessary, any operator of a proposed inspection. However, lack of such notification shall not be cause for denying the right to inspect. The operator shall have the option of accompanying the inspector. Periodic inspections shall be made during the permit year by the Department inspectors to insure compliance with the operating permit, reclamation plan, and the plan of surface mining. Any and all deficiencies shall be immediately brought to the attention of the operator, and written notice specifying defi- ciencies shall be given to the operator. The operator shall commence action within thirty (30) days to rectify these deficiencies and shall diligently proceed until the deficiencies are corrected: PROVIDED, that deficiencies that also violate other laws that require earlier rectification shall be corrected in accordance with the applicable time provisions of such laws, or shall imme- diately commence action to rectify deficiencies that involve health, safety, and water pollution if those deficiencies are not regulated by such laws. The Department shall have grounds to terminate and cancel the operating permit if the operator does not commence action to rectify any and all deficiencies as specified above, or as specified in the permit. The operator and his surety shall be notified of such termination and cancellation, said notice to be mailed to the last known address of the operator and. surety. 12. That trucks when used to haul material from the area of this permit shall not:be permitted the use of "R" St. S. E. or Howard Road entering out on to Auburn Way South until such time as the construction is completed on the extension of "R" St. S.E. to l7th St. S.E. and l7th St. S. E. from "R" St. to Auburn Way South. This shall pertain to other than local deliveries or deliveries Easterly where the trucks must use Auburn Way South, East of Howard Road & R. St. S.E. 176 l3. AUBURN, WASHINGTON MONDAY MARCH 1, 1971 Industrial per~ormance standards shall be in conformance with those standards established by the Q-M classification of King County, approved as of this date and any amendments thereto. Robert Smythe, representing Bonanza Investment Company, asked the Council if they were considering Application No. l5-70 and l5A-70 individually or combined inasmuch as it had been requested by petitioners to combine the two rezone requests. Mayor Kersey asked John Bocek, attorney for the opponents, and others in the audience if there was any argument or objection to combining the two public hearings with separate findings and action on each application. City Attorney Bereiter asked that the record show that there were no objections voiced to consolidation of Public Hearing on No. l5-70 and l5A-70. I It was moved by Fiedler, seconded by Holman, that Application l5-70 and l5A-70 be combined as a joint Public Hearing. Mr. Smythe and Mr. Bocek were asked if, at a future date, protests would be brought with regard to combining the Public Hearings. Both advised there will be no challenge made as to the consolidation. Ronald Craig, appearing in behalf of the Citizens for the Auburn Comprehensive Plan, stated there was no objection to consolidation of the Public Hearings. MOTION CARRIED Mayor Kersey declared the Public Hearing on request of George T. Baydo to rezone from Unclassified to a SPU for gravel removal, property located East of Oravetz Road and South of the Stuck River, (Application No. l5A-70) legally described as follows, open: The South 1/2 of the Southeast l/4 of Section 29, and the North l/2 of the Southwest l/4 of Section 28 and the Southwest l/4 of the Southwest 1/4 of Section 28, ALL in Township 21 North, Range 5 East, W.M., King County, Washington. The Planning Commission recommends to the City Council the granting of this request inasmuch as it conforms to the interim use of the land in conformance with the Comprehensive Land Use Plan of the City of Auburn, and that this application be granted with the following I conditions as recommended by the Planning Department: l. That a Special Property Use Permit be granted for the extraction of natural resources (sand and gravel) from the following legally described property: The South 1/2 of the Southeast l/4 of Section 29, Twp 2l N, R5E, W.M., and the Southwest 1/4 of the Southwest l/4 of Section 28, Twp 21 N, R5E, W.M., LESS that portion as the Easement Bonneville Power Line; Approximately 120 acres. 2. That not more than one 20 acre site shall be disturbed by surface m~n~ng for the extraction of gravel together with one opening not to exceed 5 acres for the extraction of SAND ONLY. In applying for individual opening permit, the following procedures shall apply: a. The operator shall submit a plan showing the initial twenty (20) and/or five (5) acre segments for a unit permit to be authorized by the City Council. b. To obtain a unit permit, the operator shall submit a request, together with his plans, to the Planning, Beautification and Building Codes Commit- tee of the City Council, who shall review each request as to compliance with the requirements and conditions of the area permit and the Comprehen- sive Grading Plan and make a recommendation to the City Council. The appli- cation for a unit permit shall include: (l) A map showing the initial point of excavation together with a legal description of the area to be excavated. Said area shall be visibly marked upon the ground with staking and flagging so as to be visible to the inspectors. They shall also include the establishment of an elevation bench mark adjacent to the site to be used to control grade elevations. Elevations shall be established by U.S. Coast and Geodetic mean sea level. I (2) That a performance bond guaranteeing restoration of the graded area and compliance with the conditions of this permit in the amount of $l,OOO.OO per acre be submitted with each unit permit. (3) Approvals from the State of Washington agencies pertaining to air AUBURN, WASHINGTON MONDAY MARCH l, 1971 1_- " pollution, water pollution and land restoration shall be submitted to the Planning Department of the City of Auburn prior to removal 9+·ªny ~aterial fro~ any of the approved unit sitesÞ (4) When the mining on a segment is completed, a survey shall be submitted by a licensed professional Land Surveyor showing that the excavation is in conformance with the profiles as shown on the Comprehensive Grading Plan prior to applying for an additional unit permit. 3. Upon completion of mining on any segment (as shown on plans), the required rehabilitation work shall be commenced as soon as practicable but in no event later than one year from the completion of mining on the segment. I 4. The topography after excavation shall comply with the grades and profiles as shown on Exhibit "A" of the City Council resolution authorizing the Compre- hensive Grading Plan. 5. That this permit be granted for the removal of material only with no process- ing by mechanical means allowed on the site. 6. That all haul roads within the permit area or over adjacent property utilized for truck traffic be surfaced to eliminate dust. Said surfacing to be asphal- tic concrete paving or bituminous surface treatment with crushed rock cover. 7. That any unimproved dedicated right-of-ways used for truck traffic between the excavation and Oravetz Road shall be constructed in conformance with the City's specifications for the classification of road in conformance with the City's Comprehensive Street Plan. 8. The hours of operation shall be limited to--from 7:00 A.M. to 7:00 P.M.-- six days a week. No material shall be removed from the site on Sunday or legal holidays. I 9. That all equipment operating within the permit area, using gasoline or diesel engines, be equipped with a muffler. A muffler means a device consisting of a series of chambers, baffles or other mechanical designs for the purpose of receiving exhaust gases from an internal combustion engine and effective in reducing noise resulting therefrom. lO. The Department of Planning and Community Development shall have the right to make inspections of any property at any reasonable time as deemed necessary to determine compliance with the permit. The Department shall notify, as deemed necessary, any operator of a proposed inspection. However, lack of such notification shall not be cause for denying the right to inspect. The operator shall have the option of accompanying the inspector. Periodic inspections shall be made during the permit year by the Department inspectors to insure compliance with the operating permit, reclamation plan, and the plan of surface mining. Any and all deficiencies shall be immediately brought to the attention of the operator, and written notice specifying defi- ciencies shall be given to the operator. The operator shall commence action within thirty (30) days to rectify these deficiencies and shall diligently proceed until the deficiencies are corrected: PROVIDED, that deficiencies that also violate other laws that require earlier rectification shall be cor- rected in accordance with the applicable time provisions of such laws, or shall immediately commence action to rectify deficiencies that involve health, safety, and water pollution if those deficiencies are not regulated by such laws. I The Department shall have grounds to terminate and cancel the operating permit if the operator does not commence action to rectify any and all defi- ciencies as specified above, or as specified in the permit. The operator and his surety shall be notified of such termination and cancellation, said notice to be mailed to the last known address of the operator and surety. 11. That trucks when used to haul material from the area of this permit shall not be permitted the use of "R" St. S.E. or Howard Road entering out on to Auburn Way South until such time as the construction is completed on the extension of "R" St. S. E. to l7th St. S. E. and l7th St. S. E. from "R" St. S.E. to Auburn Way South. This shall pertain to other than local deliveries or deliveries Easterly where the trucks must use Auburn Way South, East of Howard Road and "R" St. S. E. 12. Industrial performance standards shall be in conformance with those standards established by the Q-M Classification of King County, approved as of this date and any amendments thereto. 178 AUBURN, WASHINGTON MONDAY MARCH 1, 1971 Mr. Smythe presented his facts and plans with regard to the parcels, maps and profile of the operation and stated the applicants have and will comply with all recommendations and Stipulations of the Planning Commission, and conditions brought out in the hearing before the Planning Commission. . They have complied with requirements from the Department of Ecology, have industrial performance standards established by the Z-M classification of King County and have complied in all respects to make the removal operation of the applicant entirely compatible with the surrounding area. Mr. Craig, spe aking on behalf of the Committee for the Auburn Comprehensive Plan, stated the Committee wished to congratulate the Planning Commission and Planning Department for all the time and work put into the gravel removal problem and the Committee is pleased with all the restrictions that have gone into this operation. It is the recommendation of the Committee to grant Application No. l5-70 and deny l5A-70 at this time. Mr. Craig went on to present results of survey and investigation with regard to the gravel removal operations in the City of Auburn and recommends the City obtain a noise measurement instrument. I Mr. John Bocek presented facts and history which commenced with facts and information dating back to the petition for annexation of an area South of the Stuck River and set forth that property owners could not develop this land because of lack of utilities at this time and there should not be any more areas opened for gravel removal which would hinder and block receiving water and sewer facilities without having some method of paying for those utilities. The City should develop some policies, criteria or guidelines for the opening of these pits and control of the truck traffic generated by their operation. Mr. Bocek respectfully requested the following with regard to the gravel removal request: l. That these applications be denied for the reasons indicated. 2. That when large quantities of material are to be moved, that the operators not be permitted to use "R" Street or the Stuck River Road. 3. That no additional permits be issued in this area until mining from the State l60 acres and other existing permits have been completed and restored. 4. That the city enact a tax to be levied on gravel operations to provide the funds tø adequately police these operations. I 5. That the present gravel crushing operation be investigated to determine compliance with the conditions imposed on its operation and compliance with screening and elevation requirements. That if violation is found, that corrective action be taken. 6. That some type of ordinance be adopted so that gravel and fill material removal does not prohibit development of utilities past these operations. 7. Procure from the City Attorney, legal opinion as to whether the massive scope of these applications do not constitute "spot zoning" and be within the prohibition of Smith vs. Skagit County 75W 2nd 7l5. Mayor Kersey then asked persons speaking against the gravel removal to voice their objections. Susan Kimmel, ll14 3rd S. E., Auburn, from audience, stated she thought the gravel pits are ugly, takes away the value of the City of Auburn and one more gravel operation would be a hindrance to the houses on that side of the Stuck River. Clyde wilbanks complained about the noise and said the noise he believed was internal workings of the gears. Mr. Wilbanks stated that people could not use the Stuck River for picnic area in the summer with the gravel removal operation. Roger Lewien complained about the gravel removal operation and the BERM. Walter Terry, 3408 Beacon Avenue South, Seattle, stated he owned property near the gravel I operation and that they were considering developing the property and will hope to have water and sewer utilities. Mr. Smythe thanked the Council for listening to his presentation and stated the petitioners would very much request that approval be given to the two applications subject to the restrictions and conditions set forth. It was moved by Fiedler, seconded by Holman, that the Public Hearing on Application l5-70 and l5A-70 be closed. MOTION CARRIED It was moved by Kline, seconded by Darling, that the City Clerk be instructed to file herewith the maps, reports, charts and material subject to this matter and presented at this hearing. MOTION CARRIED AUBURN, WASHINGTON 17D It was moved by Shaughnessy, seconded by Darling, that a ten-minute recess be held. MONDAY MARCH l, 1971 MOTION CARRIED Mayor Kersey at this point introduced Hal Milan, new reporter for the Auburn Globe News. The meeting reconvened and it was moved by Shaughnessy, seconded by Darling, that the City Attorney be instructed to draft the necessary ordinance to implement PSU for gravel removal, being Application 15-70, and subject to the requirements and conditions set forth by the Planning Commission and that verbage clarification be made in letter of February 26, from the Planning Director, and that the letter dated March l, 1971 from Bonanza Investment Company be incorporated in the ordinance. I It was moved by Fiedler, seconded by Nickson, that item 5 of the Planning Commission recommendations which reads: "Upon completion of mining on any segment (as shown on plans), the required rehabilitation work shall be commenced as soon as practicable but in no event later than one year from the completion of mining on the segment." should be amended to read: "Upon completion of mining on any segment (as shown on plans), the required rehabilitation work shall be commenced as soon as practicable but in no event later than l20 days from the completion of mining on the segment and in no event shall a third segment be approved until the work is completed on the second prior permit." MOTION CARRIED It was moved by Shaughnessy, seconded by Darling, that item 4-b-(4) of the Planning Commission recommendations which reads: "When the mining on a segment is completed, a survey shall be submitted by a licensed professional Land Surveyor showing that the excavation is in conformance with the profiles as shown on the Comprehensive Grading Plan prior to applying for an additional unit permit." be amended to read: I "When the mining on a segment is completed, a survey shall be submitted by a licensed professional Land Surveyor showing that the excavation is in conformance with the profiles as shown on the Comprehensive Grading Plan prior to starting work on the additional unit." MOTION CARRIED It was moved by Darling, seconded by Nickson, that item 4-b-(3) of the Planning Commission recommendations which reads: "Approvals from the State of Washington agencies pertaining to air pollution, water pollution and land restoration shall be submitted to the Planning Department of the City of Auburn prior to removal of any material from any of the approved unit sites." be amended to read: "Approvals from the State of Washington agencies pertaining to air pollution, noise pollution, water pollution and land restoration shall be submitted to the Planning Department of the City of Auburn prior to removal of any material from any of the approved unit sites." MOTION CARRIED Councilman Nickson requested that petitioners present promise in legal terminology, what petitioner has agreed to do with regard to use of roads; clean-up of plant and relocation of plant, such information to be incorporated in the ordinance. I It was moved by Kline, seconded by Fiedler, that the provisioIB of the letter from Mr. Corliss dated March 1, 1971 be incorporated in the ordinance, and further the location of the gravel processing plant has to be acceptable to the Auburn City Council and that the route of traffic upon opening of the Valley Freeway to l5th Street S. W., truck traffic delivering materials from this site, be restricted to those within the corporate limits of the City of Auburn and Eastbound. ROLL CALL VOTE: Councilmen Councilmen Councilman Kline, Holman, Fiedler and Sonnemann and Shaughnessy, Darling abstained. Nickson, voting YES. voting NO. MOTION CARRIED It was moved by Darling, seconded by Nickson, that item ll, first word in paragraph2, "Periodic" be deleted and insert "Monthly". MOTION CARRIED It was moved by Kline, seconded by Shaughnessy, that vote be taken on original motion. MOTION CARRIED 180 ROLL CALL VOTE: AUBURN, WASHINGTON MONDAY MARCH l, 1971 All Councilmen voting YES. MOTION 'CARRIED It was moved by Sonnemann, seconded by Shaughnessy, that the City Attorney be instructed to draw up necessary ordinance granting Application l5A-70 subject to the same conditions and changes as applicable to the crushing operation. It was moved by Nickson, seconded by Darling, that the truck traffic access to this property should be limited to the Northwest Corner of the Westerly portion of this permit or from the Southerly portion of the Westerly portion of the permit, to amend the motion. MOTION CARRIED It was moved by Sonnemann, seconded by Darling, for previous question. ROLL CALL VOTE ON MOTION: MOTION CARRIED Councilman Nickson voting NO. All other Councilmen voting YES. MOTION CARRIED City Attorney be instructed to prepare Grading Plan as per the profile shown I It was moved by Kline, seconded by Holman, that the necessary resolution to implement the Comprehensive on sheets l, 2 and 3. It was moved by Darling, seconded by Kline, that the words "noise Pollution" be inserted with air pollution and water pollution in the Resolution. Vote on motion. MOTION CARRIED MOTION CARRIED It was moved by Kline, seconded by Nickson, that the City Attorney be instructed to draft necessary ordinance per recommendations of the Planning Commission, for a fee to be levied against all sand and gravel removal operations amounting to l/2¢ per cubic yard and that this fee be applied to all sand and gravel that passes within the corporate limits of the City of Auburn, and whether from within or wjthout. It was moved by Fiedler, seconded by Sonnemann, that this motion be tabled until two weeks to study the County proposal. ROLL CALL VOTE: COUNCILMEN Fiedler, Sonnemann and Shaughnessy, voting YES. Councilmen Nickson, Kline, Darling and Holman, voting NO. MOTION FAILED ROLL CALL VOTE ON MOTION: Councilmen Kline, Holman, Fiedler and Nickson, voting YES. Coûncilmen Sonnemann, Shaughnessy and Darling voting NO. MOTION CARRIED It was moved by Kline, seconded by Nickson, to adjourn until 8:00 P.M. Tuesday, March 2. I Councilmen Sonnemann, Shaughnessy, Darling and Holman and Nickson, voting NO. MOTION FAILED CORRESPONDENCE City Clerk Pro Tem, Amelia Miraldi, read letter from Boundary Review Board, King County, Washington, regarding proposed annexation of Jovita Heights and notification of approval of Notice of Intention. Mayor Kersey referred this letter to the Planning Department. Councilman Kline stated there should be some consideration given to the City of Algona and Auburn and a mutual line between the two cities with regard to fire and polic protection and determination made as to advantage to annex before it is developed. City Clerk Pro Tem, Amelia Miraldi, read letter from Robert E. Gaines, Manager of the Auburn Area Chamber of Commerce, with regard to Planning and Beautification of the City of Auburn and the feasibility of a public rest room in the downtown area. Mayor Kersey referred the letter to the Planning and Beautification Committee. AUDIENCE PARTICIPATION I Ken Morrison from puget Sound Pollution Development Association, presented certificate for zero time loss awards to Bob Kindernecht for Line Maintenance zero time loss accidents, and Everett Effland for Plant Maintenance zero time loss accidents at the Treatment Plant. Mayor Kersey congratulated the two recipients of the certificates and complimented them for their record. He also thanked Ken Morrison for making the presentation. Mrs. George, from audience, asked if there is a successful gravel pit in the area and what guarantee do the residents have that the City would enforce the new ordinances on gravel operation anymore than they have the existing ones. Mayor Kersey explained the proposed ordinance with regard to fees for gravel operations and explained this would help defray the cost of enforcing the ordinance and this was one of the purposes of the new ordinance. Mayor Kersey also said the weight scales are being AUBURN, WASHINGTON MONDAY MARCH 1, 1971 löl used and one violator had been picked up that day. RECOMMENDATIONS The following items were submitted by the Director of Public Works for Council approval: Pay Estimate No. 3 to Tri-State Construction, Inc. for Schedule I (street portion) of St. Imp. l22, West Main Street Construction for $5l,743.09. It was moved by Nickson, seconded by Holman, that Construction, Inc. for $5l,743.09 be approved for ROLL CALL VOTE: All Councilmen voting YES. Pay Estimate No. 3 to Tri-State payment. MOTION CARRIED I Creation of LID 256, underground power installation on 29th St. S.E. between "A" and "B" Streets S.E. It was moved by Nickson, seconded by Fiedler, that the City Attorney be instructed to prepare necessary Ordinance creating LID 256. MOTION CARRIED Authority to hold Public Hearing on final assessment roll of LID 243, curb and gutter construction on 4th Street N.E., on April 19, 1971. It was moved by Holman, seconded by Nickson, that Public Hearing on final assessment roll for LID 243 be held at 8:00 P.M., April 19, 1971. MOTION CARRIED Pay Estimate No. 1 (final) to R. W. Rhine, Inc. for G.S.A. Water Reservoir demolition for $3,788.l3. It was moved by Kline, seconded by Holman, that Pay Estimate No. 1 (final) to R. W. Rhine, Inc. for $3,788.l3 be paid and the City accept the contract as complete, and that the retained percentage of $398.75 be paid 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 I Pay Estimate No.3 to Kurle Construction Co. for $8,6l2.46 for Mt. View Cemetery Reception Center construction. It was moved by Fiedler, seconded by Kline, that Pay Estimate No.3 to Kurle Construction Co. for $8,612.46 be approved for payment. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED PROCLAMATIONS, APPOINTMENTS AND ANNOUNCEMENTS Mayor Kersey read proclamation honoring the Soroptimists Club of the City of Auburn in their 50th year of operation. Mayor Kersey read proclamation proclaiming March 20, 1971 as Auburn-Kasuga-Cho Sister City Day in the City of Auburn. Mayor Kersey announced the Teen Center knor.,n as "AARKVARK" will be opening Saturday, March 6, 1971 and thanked the numerous organizations, private individuals and all the persons that have volunteered their services, materials and supplies. COUNCIL COMMITTEE REPORTS FINANCE COMMITTEE - KLINE Councilman Kline reported there was no report for Finance Committee but the Finance Commit- tee will meet Thursday, March 4, 1971 at 8:00 P.M., to consider the Voucher Approval List. I POLICE AND LICENSE COMMITTEE - FIEDLER Councilman Fiedler, reporting for the Police and License Committee, stated an application from Kent Taxicab has been received and it was moved by Fiedler, seconded by Sonnemann, that subject to approval of the License Committee the application of the Kent Taxicab Co. be approved subject to compliance with requirements. MOTION CARRIED STREET AND ENGINEERING COMMITTEE - NICKSON Councilman Nickson, reporting for Street Committee, stated the Committee approved the request of citizens on 15th Street to keep right turn on Auburn Way South. NEW BUSINESS It was moved by Kline, seconded by Nickson, that recommendations presented with regard to Comprehensive Plan be referred to the Planning, Beautification and Community Development Committee for recommendation back to the Council. MOTION CARRIED 182 AUBURN, WASHINGTON MONDAY MARCH 1, 1971 ORDINANCES AND RESOLUTIONS ORDINANCE NO. 2528 It was moved by Sonnemann, seconded by Nickson, that Ordinance No. 2528 entitled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, APPROVING AND CONFIRMING THE ASSESSMENTS AND ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 240, WHICH DISTRICT HAS BEEN CREATED AND ESTABLISHED FOR THE CONSTRUCTION AND INSTALLATION OF A 6 INCH CAST IRON WATER MAIN, FIRE HYDRANT, 8 INCH SANITARY SEWER, MANHOLE, 6 INCH SIDE SEWERS, EXCAVATION, BALLASTING, CURB AND GUTTER, ASPHALT CONCRETE SURFACING AND STORM DRAINAGE AS PROVIDED BY ORDINANCE NO. 2427 OF THE CITY OF AUBURN, AND LEVYING AND ASSESSING THE AMOUNT THEREOF AGAINST THE SEVERAL LOTS, TRACTS, PARCELS OF LAND AND OTHER PROPERTY UPON $AID ROLL." be introduced and adopted. ROLL CALL VOTE, All Councilmen voting YES. MOTION CARRIED I ORDINANCE NO. 2529 It was moved by Holman, seconded by Nickson, that Ordinance No. 2529 entitled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, APPROVING AND CONFIRMING THE ASSESSMENTS AND ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 25l, WHICH DISTRICT HAS BEEN CREATED AND ESTABLISED FOR THE CONSTRUCTION AND INSTALLATION OF EXCAVATION, BALLASTING, ASPHALT CONCRETE SURFACING, CURB AND GUTTER, AND STORM DRAINAGE, AS PROVIDED BY ORDINANCE NO. 248l OF THE CITY OF AUBURN, AND LEVYING AND ASSESSING THE AMOUNT THEREOF AGAINST THE SEVERAL LOTS, TRACTS, PARCELS OF LAND AND OTHER PROPERTY UPON SAID ROLL." be introduced and adopted. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED ORDINANCE NO. 2530 It was moved by Kline, seconded by Shaughnessy, that Ordinance No. 2530 entitled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROHIBITING "POSSESSION, SALE OR USE OF NARCOTICS AND BARBITURATES" AND RELATED ACTIVITIES AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF." be referred to the Public Safety Committee for review. MOTION CARRIED ORDINANCE NO. 253l It was moved by Kline, seconded by Nickson, that Ordinance No. 2531 entitled "AN ORDINANCE I OF THE CITY OF AUBURN, WASHINGTON, RELATING TO AND PROVIDING FOR THE ANNEXATION TO THE CITY OF AUBURN OF A CONTIGUOUS AREA OF LAND LYING ADJACENT TO THE WESTERLY MARGINAL LINE OF THE EXISTING CITY LIMITS OF THE CITY OF AUBURN, WHICH LAND IS DESCRIBED IN A PETITION DULY FILED WITH THE CITY COUNCIL OF THE CITY OF AUBURN." (Jovi ta Heights Annexation) be tabled and that said Ordinance be referred to the Finance Committee for study. ROLL CALL VOTE: Councilman Kline, Darling, Holman and Nickson voting YES. Councilman Sonnemann, Shaughnessy and Fiedler voting NO. MOTION CARRIED ORDINANCE NO. 2532 It was moved by Nickson, seconded by Fiedler, that Ordinance No. 2532 entitled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR THE CONSTRUCTION AND INSTALLATION OF UNDER- GROUND POWER LINES ALONG 29TH STREET S. E. BETWEEN "A" STREET S. E. AND "R" STREET S. E ., INSIDE THE CORPORATE LIMITS OF THE CITY OF AUBURN; CREATING AND ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 256; PROVIDING THE METHOD OF ASSESSMENT IN SAID DISTRICT AND THE MODE OF PAYMENT THEREOF, AND CREATING A LOCAL IMPROVEMENT FUND THEREFOR." (L.I.D. #256, 29th St. S.E.) be introduced and adopted. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED ORDINANCE NO. 2533 It was moved by Nickson, seconded by Holman, that Ordinance No. 2533 entitled "AN I ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE PLAT OF TAYLOR ADDITION TO THE CITY OF AUBURN, WASHINGTON." be introduced and adopted. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED RESOLUTION NO. 453 It was moved by Nickson, seconded by Kline, that Resolution No. 453 entitled "A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE CITY TREASURER OF THE CITY OF KENT, WASHINGTON, TO ACT AS TRUSTEE AND RECEIVE AND DISBURSE TO THE CITY OF AUBURN ,WASHINGTON, SAID CITY'S FAIR PRO-RATA SHARE OF MONIES PAID IN RESTITUTION OF SUMS EMBEZZLED FROM THE VALLEY REGIONAL PLANNING COMMISSION." be adopted. ROLL CALL VOTE: All Councilmen voting YES, except Darling who VOTED NO. MOTION CARRIED AUBURN, WASHINGTON MONDAY MARCH l, 197183 RESOLUTION NO. 454 It was moved 'by Holman, seconded by Nickson, that Resolut.ion No. 454 entitled "A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT BETWEEN THE CITY AND PUGET SOUND POWER AND LIGHT COMPANY FOR UNDERGROUND ELECTRICAL DISTRIBUTION SYSTEM ON 29TH STREET S.E. BETWEEN "A" STREET S.E. AND "R" STREET S.E., WITHIN THE CORPORATE LIMITS OF THE CITY OF AUBURN." be adopted. ROLL CALL VOTE: Councilman Holman, Fiedler, Nickson, Sonnemann, Shaughnessy and Darling voting YES. Councilman Kline ABSTAINED. MOTION CARRIED I RESOLUTION NO. 455 It was moved by Nickson, seconded by Sonnemann, that Resolution No. 455 entitled "A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY, AN AGREEMENT BETWEEN THE CITY AND PACIFIC NORTHWEST BELL TELEPHONE COMPANY FOR THE CONVERSION TO UNDERGROUND OF THE EXISTING AERIAL PLANT ON 29TH STREET S.E. BETWEEN "A" STREET S.E. AND "R" STREET S.E., WITHIN THE CORPORATE LIMITS OF THE CITY OF AUBURN." be adopted. ROLL CALL VOTE: Councilman Nickson, Sonnemann, Shaughnessy, Darling, Holman and Fiedler voting YES. Councilman Kline ABSTAINED. MOTION CARRIED RESOLUTION NO. 456 It was moved by Fiedler, seconded by Nickson, that Resolution No. 456 entitled "A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, CALLING UPON THE GOVERNOR AND THE MEMBERS OF THE WASHINGTON STATE LEGISLATURE TO CONTINUE THE ENACTMENT OF LEGISLATION WHICH WILL GIVE MORE WCAL AUTONOMY TO LOCAL UNITS OF STATE GOVERNMENT AND TO BE SLOW IN ENACTING NEW LEGISLATION WHICH WOULD TAKE AWAY FROM LOCAL UNITS OF STATE GOVERNMENT THEIR ABILITY TO AT LEAST IN PART GOVERN THEIR OWN AFFAIRS WITHOUT INTERFERENCE FROM OTHER GOVERNMENTAL AGENCIES, WHETHER ON THE FEDERAL LEVEL OR THE STATE LEVEL." be adopted. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED APPROVAL OF VOUCHERS AND TRANSFERS I It was moved by Kline, seconded by Holman, that the Voucher Approval and Department List in the sum of $640,l08.7l be approved for payment subject to majority approval of the Finance Committee. Claims-#28 thru 97, $5l7,308.95 & #l82 thru 397, $l22,799.76. ROLL CALL VOTE: All Councilmen voting YES. (Total $640,l08.7l) MOTION CARRIED Payroll # 458 through #9l3--$l45,272.96. MISCELLANEOUS BUSINESS City Clerk Pro Tem, Amelia Miraldi, read application for amusement device license from Byron H. Louthan, for placement at the Auburn Elks Club. Mayor Kersey requested the request be referred to the License Committee. City Clerk Pro Tem, Amelia Miraldi, read special property use permit application from Broadway Holding Company for grading permit. It was moved by Kline, seconded by Nickson, that the request for grading permit be tabled. MOTION CARRIED City Clerk Pro Tem, Amelia Miraldi, read Zone Change Application from Josephine Hodges, for zone changes from King County Suburban Residential to C-3 per City of Auburn. It was moved by Kline, seconded by Darling, that the Zone Change Application from Josephine Hodges be referred to the Planning Commission for recommendation. I MOTION CARRIED Roy Ivarson, from audience, asked about the Jovita Heights Annexation and grading permit request submitted. He was extended an invitation to meet with the Finance Committee on March 4, 1971. There being no further business to come before the Council Mayor Kersey adjourned the meeting at l:40 A.M.. APPROVED THIS 2ND DAY OF MARCH, 1971. ~~) City Clerk ~~?'~~~~ MAYOR )