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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.