HomeMy WebLinkAbout09-07-1971
260 AUBURN, WASHINGTON
MONDAY
SEPTEMBER 7, 1971
The regular meeting of the City Council of the City of Auburn convened at 8:00 P.M., in the
Auburn City Council Chambers.
The meeting was called to order by Mayor Kersey.
Councilmen Present: Councilman Kline, Sonnemann, Shaughnessy, Darling, Holman, Fiedler and
Nickson.
APPROVAL OF MINUTES
It was moved by Darling, seconded by Holman, that the Minutes of August 16, 1971 Council
meeting be approved as mailed.
MOTION CARRIED
I
PUBLIC HEARINGS
Mayor Kersey declared Public Hearing open on request of SE & A Consulting Engineers for a
preliminary plat of Green River Village Division No.2, located on a parcel of land South of
an extended line of 26th Street N.E. and East of "M" Street N.E.. (Application No. P-2-7l)
The Planning Commission recommend to the City Council approval of this preliminary plat
inasmuch as it conforms to Ordinance No. 2204 of the City of Auburn.
It was moved by Fiedler, seconded by Kline, that the Public Hearing be closed.
MOTION CARRIED
It was moved by Kline, seconded by Nickson, that
necessary ordinance to implement the preliminary
ROLL CALL VOTE: All Councilmen voting YES.
the City Attorney be instructed to draw up
plat of Green River Village Division #2.
MOTION CARRIED
Mayor Kersey declared Public Hearing open on request of Standard Mining and Development
Corporation to rezone from Unclassified to SPU for gravel removal, parcels of property located
Southwest of 15th Street N.W. and the West Valley Highway. (Application No. 18-70)
The Planning Commission recommend to the City Council approval of the request of Standard
Mining and Development Corporation for a SPU for gravel removal with the following
provisions:
1.
That the requested surface mining for the extraction of earth materials from the north
parcel, legally described as the NW 1/4 of the NE 1/4 of See 11, Twp 21 N, R 4 E, W.M.
be denied and that the applicant may reapply at such time when excavation and restoration
has been completed on the south parcel described as the NW 1/4 of the SE 1/4 of See 11,
Twp 21 N, R 4 E, W.M.. Any existing excavations on the north parcel shall be hydroseeded
with a seed mixture as prescribed by the Planning Department prior to continuing excava-
tion on any portion of the south parcel.
I
2.
Because of the past experience with the existing extractions of deposits from this site
and the public demand to upgrade our living environment we are making the following
recommendations with the intended purpose to safeguard life, limb, property, public
welfare and the environment by regulating the grading and rehabilitation of the requested
removal si te:
a. That the operator shall submit a plan of operation that will indicate how he will
work the slopes in a series of benches.
b. Detailed plans shall be submitted and made a part of the permit and to include but
not be limited to the minimum standards as set forth:
1. The slope gradient of the finished slope shall be not less than 1-1/2:1 (1-1/2
foot horizontal to 1 foot vertical).
2. All slopes shall be worked in a series of benches at a maximum vertical eleva-
tion not to exceed fifty (50) feet between said benches.
3. The horizontal width of the bench terrace shall not be less than 25 feet with
a back slope of 1-1/2:1 or 20 feet with a back slope of 2:1.
I
4. The terrace shall be pitched back toward the slope to drain water into the cut,
which will form a diversion ditch for water which can be collected at various
points along the bank and drained down waterways to collection areas at the base
grade of the hill. The waterways shall be paved, piped or by other means on
slope gradients. Plans and specifications for such devices shall be submitted
to the Director of Public Works for approval prior to installation.
c. The Operator shall submit a complete deposit analysis, indicating deposit characteris-
tics: depth, quantities of sand and gravel, and quantities of overburden.
d. The operator shall maintain control procedures to insure that undercutting of slopes
is not permitted and such procedures shall be set forth in specifications and made
AUBURN, WASHINGTON
MONDAY
SEPTEMBER 7, 1971
2t11
I
f.
g.
I h.
i.
I
part of the plans.
e. That not more than one fifty (50) foot vertical segment, starting with the top
segment, shall be disturbed by surface mining for the extraction of earth materials.
In applying for individual segment permit, the following procedures shall apply:
1. The operator shall submit a plan showing the initial vertical fifty (50) foot
segment for a unit permit to be authorized by the City Council.
2. To obtain a unit permit the operator shall submit a request, together with his
plans, to the City Council Planning, Beautification and Building Codes Committee,
who shall review each request as to compliance with the requirements and condi-
tions of the area permit and make a recommendation to the City Council. The
application for a unit permit shall include:
a. A map showing the initial point of excavation, said area shall be visibly
marked upon the ground with stakes and flags 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 the U.S. Coast and Geodetic mean sea level.
b. 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 parent permit that authorized
mining on the 40 acre area. Said survey shall be paid for by the owner.
c. Upon completion of mining on any segment (as shown on plans) the required
rehabilitation work on the finished slope shall be commenced as soon as
practicable, but in no event later than 120 days from the completion of mining
on the segment, and all said work shall be completed prior to the issuance
of the unit permit for the second segment, etc.
That this permit be granted for the removal of material only with no processing by
mechanical means allowed.
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.
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.
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.
j. 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.
Monthly 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 atten-
tion of the operator, and written notice specifying deficiencies 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 recti-
fication shall be corrected 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 law.
The Department shall have grounds to
the operator does not commence action
above, or as specified in the permit.
of such termination and cancellation,
address of the operator and surety.
terminate and cancel the operating permit if
to rectify any and all deficiencies as specified
The operator and his surety shall be notified
said notice to be mailed to the last known
k. Approvals from the State of Washington agencies pertaining to air pollution, water
pollution, noise 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.
1. That a performance bond guaranteeing restoration of the graded area in compliance with
the conditions of this permit in the amount of $1,000.00 per acre be submitted and
shall be not less than $40,000.00. The bond shall be filed with the Director of the
Department of Planning and Community Development.
2 () 2 AUBURN, WASHINGTON
MONDAY
SEPTEMBER 7, 1971
m. 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.
n. That this permit shall be granted for a period not to exceed five (5) years,
provided said operation is continuous. In the event the operation should terminate
for a period of one (l) year and upon certification of same from the Director of
the Department of Planning and Community Development this permit shall be permanently
terminated.
3. That prior to the issuance of an individual segment permit the entire pit area shall be
hydroseeded with a seed mixture as approved by the Planning Department, or showing of
proof by signed contract that seeding will commence within thirty (30) days after I
issuance of said segment permit.
4. That prior to transporting material to any individual fill site in excess of one
thousand (1000) cubic yards truck routes and traffic control systems will be submitted
to the PUblic Works Department for approval.
5. That failure to conform to the conditions of the permit shall constitute forfeiture of
the entire performance bond.
Mr. Robert E. Ratcliffe, Attorney for Petitioner, 400 Hoge Building, Seattle, Washington,
appearing in behalf of Standard Mining, requesting that the Planning Commission have a
hearing based upon the written material submitted to the Planning Commission and request
the Council extend the existing permit for ninety days. Mr. Ratcliffe advised that this
is a joint request of Jeff's Estate, they having joined with Standard Mining in the zone
request and request the Planning Commission make further study before making final recommen-
dations.
Mr. Glenn A. Boyd, 4206 l82nd SE, Issaquah, presented illustrations and exhibits of plans
submitted by Standard Mining.
Mr. Jack E. Jenkins, 222320 11th South, explained Standard Mining Operation and removal
position in regard to the recommendations as set forth by the Planning Commission.
Mr. Kenneth Weeks, 1220 24th SE, Trustee for Jeff's Orphan Home, stated the Trustees have
leased this property to Standard Mining for removal of materials which is the best use I
of the property to make the property more usable than it is now. This removal has been
in operation for five years and they believe it is the best interest of Jeff's Orphan
Home and of the property.
Mr. Dick Richards, 539 Aaby Drive, from audience, spoke against the gravel removal operation
and presented to the Council a petition signed by twelve families, requesting denial of the
extension of time of Standard Mining Company permit.
Mr. George Sagaser, speaking in opposition to the Gravel Removal permit and suggested that
all data be reviewed by a geologist working for the City of Auburn, and pointed out it is
time to consider the best interests of the people.
Susan Kimmell, 1114 3rd SE, spoke against continuing gravel removal operations in the City
of Auburn.
Ronald Craig, 2605 Forest Ridge Drive, spoke in opposition to granting request of Standard
Mining and recommended denial of this request, stating further that it would be unfair to
grant a permit that did not have all restrictions that were imposed with the other permits.
Mr. Harold Sagen spoke in opposition to the removal and hoped the land would be restored.
Mr. Glen Anderson, 525 Aaby Drive, and R.J. Tallent, 502 Knickerbocker Drive, spoke in
opposition to the gravel removal operation; Sig Moe, 521 Aaby Drive, complained about
the dust and the noise and hoped that when he returns from a visit out of state that his
house isn't hanging over the edge of a gravel pit.
It was moved by Fiedler, seconded by Nickson, that the Public Hearing be closed.
I
MOTION CARRIED
It was moved by Nickson, seconded by Kline, that the request of Standard Mining and Develop-
ment Corporation to rezone from Unclassified to SPU for gravel removal, be denied.
Discussion followed by Councilman Nickson, Kline, Fiedler, Shaughnessy, Sonnemann, Holman
with regard to the gravel removal operation.
ROLL CALL VOTE ON MOTION: Councilman Nickson, Kline and Darling voting YES.
Councilman Sonnemann, Shaughnessy, Holman and Fiedler voting NO.
MOTION FAILED
AUBURN, WASHINGTON
MONDAY
21.' .)
SEPTEMBER 7, 1971 ~),)
It was moved by Kline, seconded by Fiedler, that the request of Standard Mining and Develop-
ment Corporation to rezone for the North 40 acres be denied.
ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED
It was moved by Kline, seconded by Nickson, that the permit for the South 40 acres be denied.
ROLL CALL VOTE: Councilman Kline, Darling and Nickson, voting YES.
Councilman Sonnemann, Shaughnessy, Holman and Fiedler voting NO.
MOTION FAILED
It was moved by Fiedler, seconded by Kline, that the request of Standard Mining and Develop-
ment Corporation to rezone from Unclassified to SPU for gravel removal, parcels of property
located Southwest of 15th Street N.W. and the West Valley Highway be granted subject to the
Irecommendations of the Planning Commission.
It was moved by Kline, seconded by Fiedler, that the period of time for such permit be granted
for a period of one year.
ROLL CALL VOTE: Councilman Kline, Shaughnessy, Darling, Holman, Fiedler and Nickson voting
YES.
Councilman Sonnemann voting NO. MOTION CARRIED
It was moved by
recommendations
of one as shown
ROLL CALL VOTE:
Shaughnessy, seconded by Holman, that item 2e of the Planning Commission
be amended to read not more than two fifty (50)foot vertical segment instead
on Page 2, first line of e.
Councilman Shaughnessy, Darling, Holman, Fiedler and Sonnemann voting YES.
Councilman Nickson and Kline voting NO. MOTION CARRIED
It was moved by Fiedler, seconded by Holman, that passage of this motion as amended is to
take all reasonable means to encourage the applicant to bring his operation into compliance
with the SPU as granted under Ordinance 1965 and Ordinance 2144.
ROLL CALL VOTE: Councilman Fiedler and Holman voting YES.
Councilman Nickson, Kline, Sonnemann, Shaughnessy, and Darling voting NO.
MOTION FAILED
It was moved by Kline, seconded by Nickson, that Paragraph 1, page 4, that the first sentence
of that paragraph be deleted and replaced with That a performance bond in the amount of
$50,000.00 be submitted to the Director of the Planning and Community Development Department.
ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED
It was moved by Sonnemann, seconded by Shaughnessy, that item 2 b3 be changed from 25 feet to
15 feet.
ROLL CALL VOTE: Councilman Sonnemann voting YES.
Councilman Shaughnessy, Darling, Holman, Fiedler, Nickson and Kline, voting
NO. MOTION FAILED
ROLL CALL VOTE ON MOTION AS AMENDED: Councilman Fiedler, Sonnemann, Shaughnessy, Darling and
Holman voting YES.
Councilman Nickson and Kline voting NO.
MOTION CARRIED
It was moved by Kline, seconded by Nickson, that all the records, sketches, maps and material
presented at this meeting be made a part of the records of the City of Auburn.
MOTION CARRIED
CORRESPONDENCE
City Clerk Williams read letter from Department of Ecology and Division of Health regarding
approval of plans and specifications for LID 261.
Mayor Kersey requested the letters be referred to the Utility Committee.
City Clerk Williams read letter from Pat Nevins, Director of Public Works, for segregation
(of assessment No.4 and 4A, LID No. 228.
t was moved by Sonnemann, seconded by Fiedler, that segregation of Assessment No.4 and 4A,
LID No. 228 be approved.
ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED
City Clerk Williams read letter from Pat Nevins, Director of Public Works, for segregation
of Assessment No.4 and 4A for LID NO. 227.
It was moved by Fiedler, seconded by Sonnemann, that segregation of Assessment No.4 and 4A,
LID No. 228 be approved.
ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED
City Clerk Williams read letter from Boundary Review Board regarding proposed annexation #5
(No. 71-5).
Mayor Kersey referred the matter to the Utility Committee.
~ 64 AUBURN, WASHINGTON
MONDAY
September 7, 1971
AUDIENCE PARTICIPATION
Mr. Hal Milen, Auburn Globe News, requested that copies of the Council Committee Minutes be
made available to himself and Dennis Garre, Radio KASY prior to Council meeting.
BID OPENINGS
Bids were opened at 11:00 A.M., September 2,1971, on Call for Bids for sewage pumping station
for LID 264, wi th bids submi tted as follows:
ECODYNE CORPORATION, smith and Loveless Division
$9,168.60
The above bid included sales tax; the above bid was accompanied by Bid Bond.
It is the recommendation of the Director of Public Works that contract be awarded to I
Ecodyne Corporation, Smith & Loveless Division, covering purchas of sewage pumping station
in connection with LID 264 for a sum of $8,732.00 plus $436.60 sales tax, total $9,168.60.
It was moved by Shaughnessy, seconded by Darling, that the contract be awarded to Ecodyne
Corporation, Smith & Loveless Division, in the total sum of $9,168.60 including sales tax.
ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED
Bids were opened at 11:00 A.M., on Call for Bids for St. Imp. 104 PH II, Construction of 17th
St. S.E., "R" St. S.E. & Howard Road, with bids submitted as follows:
COULEE CONSTRUCTION CO., INC.
MORRIS CONSTRUCTION CO.
AUSTIN CORPORATION
BOCEK BROS.
CASCADE ASPHALT PAVING CO.
$276,300.58
289,486.40
294,121.17
299,688.20
306,025.71
The above bids include sales tax.
The above bids were accompanied by Bid Bonds.
It is the recommendation of the Director of Public Works that the contract be awarded to
Coulee Construction Co., Inc., for St. Imp. 104 on their low bid of $276,300.58.
City Clerk Williams read memo from Pat Nevins, as follows:
I would like to point out that the low bid of Coulee Construction Co., had a couple of I
irregulatities. Their multiplication of a couple of unit prices times the estimated
quantity reveal a mistake on their part. Their original bid amounted to $274,645.54.
After correction their bid totaled $276,300.58. The APWA standard specifications read,
"all items and totals will be tabulated and, in event of error, the corrected totals will
be considered the official totals." Therefore, it is my recommendation that the low bid
of Coulee Construction Company be accepted and the City Council wåive the irregularities
in their bid proposal.
It was moved by Nickson, seconded by Holman, that the bid of Coulee Construction Company
be accepted and the irregularities be waived, and the bid bonds of the two highest bidders
be returned immediately, and upon signing of a contract the bid bonds of the remaining
low bidders be returned.
ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED
RECOMMENDATIONS
The following items were submitted by the Planning Director for Council consideration:
Second petition for the annexation of an area North of Meredith Road and West Valley
Highway.
It was moved by Sonnemann, seconded by Fiedler, that Public Hearing be held at 8:00 P.M.,
September 20, 1971 on second petition for the annexation of an area North of Meredith Road
and West of the West Valley Highway.
MOTION CARRIED
I
Pay estimate No. 2 to EP & N Construction for construction of beautification
improvements (contract 71-11) in the amount of $16,545.17.
It was moved by Darling, seconded by Shaughnessy, that pay estimate no. 2 to EP & N
Construction in the amount of $16,545.17 be approved for payment.
ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED
Payment of $405.40 to SE & A, Inc., Consulting Engineers & Planners on progress billing
No. 3 for landscape architectural services rendered concerning the preparation of
construction plans and supervision of construction as per landscape architectural
services contract dated January 11, 1971.
It was moved by Darling, seconded by Holman, that payment of $405.40 to SE & A, Inc.,
Consulting Engineers & Planners be approved for payment.
ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED
AUBURN, WASHINGTON
MONDAY
SEPTEMBER 7, 1971 :2 ()5
The following items were submi tted by the Director of Public Works for Council approval:
Change Order No.1 to C.J. Rockey Co., Inc., for St. Imp. 120 (12th St. S.E. construction),
for increase of $691.57, during excavation by contractor for storm sewer installation of
a water line, not known to be present, was broken.
It was moved by Nickson, seconded by Darling, that Change Order No.1 to C.J. Rockey, Co.,
Inc. for increase of $691.57 be approved.
ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED
Change Order No.5 to C.J. Rockey Co., Inc. for St. Imp. 123 (29th St. S.E. construction),
for increase of $504.78, relocation of catch basin and installation of curb inlet to
connect to catch basin and relocation of a water line around the catch basin.
It was moved by Nickson, seconded by Sonnemann, that Change Order No.5 to C.J. Rockey Co.,
~ Inc. for increase of $504.78 be approved.
ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED
Pay estimate No. 5 to M.A. Segale, Inc. for St. Imp. 101 (15th St. N.E./N.W. construction)
for $231,578.24.
It was moved by Sonnemann, seconded by Holman, that Pay Estimate No.5 to M.A. Segale, Inc.,
for $231,578.24 be approve~.
ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED
Pay estimate No.5 to C.J. Rockey Co., Inc. for St. Imp. 123 (29th St. S.E. construction)
for $34,109.01.
It was moved by Nickson, seconded by Sonnemann, that Pay Estimate No.5 to C.J. Rockey Co.,
Inc. for $34,109.01 be approved.
ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED
Pay estimate No.2 to C.J. Rockey Co., Inc. for St. Imp. 120 (l2th St. S.E. construction)
for $17,191.35.
It was moved by Sonnemann, seconded by
Inc. for $17,191.35 be approved.
--ROLL CALL VOTE: All Councilmen voting
Nickson, that Pay Estimate No.2 to C.J. Rockey Co.,
YES.
MOTION CARRIED
PROCLAMATIONS, APPOINTMENTS AND ANNOUNCEMENTS
Mayor Kersey announced there would be a meeting at City of Kent on Monday, September 13, 1971
to discuss the bus service and the Mayor and Auburn City Council will meet with the City of
Kent and other cities with regard to this matter, 7:30 P.M..
The Council and Mayor will then return to meet on Drug Abuse with the Drug Abuse Committee
at approximately 9:00 P.M..
COUNCIL COMMITTEE REPORTS
AIRPORT COMMITTEE - KLINE
Councilman Kline made reference to the Airport Committee Minutes which are of public record.
FINANCE COMMITTEE - KLINE
Councilman Kline stated the Finance Committee had met and reviewed the Voucher Approval and
Transfer List and recommended approval of same.
The Finance Committee reviewed preliminary departmental budgets and the Finance Committee will
schedule weekly meetings commencing with September 16,1971 at 7:30 P.M., for the purpose of
reviewing preliminary budget until the entire budget has been reviewed.
PUBLIC SAFETY COMMITTEE - SONNEMANN
Councilman Sonnemann announced the Public Safety Committee will meet the third Tuesday at the
Fire Department at 7:30 P.M..
UTILITY COMMITTEE - SHAUGHNESSY
Councilman Shaughnessy announced the Committee had reviewed the proposed plan for water and
sanitary sewer service to Hazelwood Jr. High School but no commitment was made.
The Committee approved the underground variance request of Puget Power.
The Committee considered the request for delay from provisions of the underground electrical
ordinance by Robert B. Wooding and the request was disapproved.
The Utility Committee will meet September 14, 1971 instead of September 15, 1971 because of
the Meet Your Candidate Meeting.