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HomeMy WebLinkAbout05-04-1992 CITY OF AUBURN CITY COUNCIL MEETING MINUTES May 4, 1992 7:30 p.m. I. CALL TO ORDER The regular meeting of the City of Auburn Council was called to order by Mayor Bob Roegner at 7:30 p.m. in the City of Auburn Council Chambers. A. Flag Salute Mayor Roegner led those in attendance in the pledge of allegiance. B. Roll Call Those in attendance included Mayor Bob Roegner and Council members Whittall, Wagner, Burns, Borden, Barber, Brothers, and Kurle. Staff members in attendance included Fire Chief Bob Johnson, Police Chief Jake Evans, Captain Bill Pitzl, Personnel Director Pam Sime, Parks & Recreation Director Len Chapman, Finance Director Pat Dugan, Public Works Director Frank Currie, Planning Director Steve Lancaster, Senior Planner Lynn Rued, City Attorney Stephen R. Shelton, City Clerk Robin Wohlhueter and Deputy City Clerk Gayle Butcher. Other staff in attendance included Assistant Public Works Director Alice Conrad, Records/License Clerk Dani Daskam, and Utility Engineer Rod Lindja. C. Announcements and ADDointments 1. Announcements a. Proclamations A1.8 (1) Older Americans Month Senior Center Week A proclamation of the Honorable Bob Roegner, Mayor of the City of Auburn, Washington, declaring the month of May, 1992 as "Older Americans Month" and the week of May 10 through 16, 1992, "Senior Center Week". Mayor Roegner read the proclamation and introduced citizen Ray Dodson. Mr. Dodson will be eighty-nine years old in August. He plays baseball on the Senior Center baseball team. Mayor Roegner stated Mr. Dodson symbolizes the many activities that senior citizens participate in. Mr. Dodson accepted the proclamation. (2) MuniciDal Clerk's Week A proclamation of the Honorable Bob Roegner, Mayor of the City of Auburn, Washington, Proclaiming May 3 through May 9, 1992, as "Municipal Clerk's Week." CITY OF AUBURN COUNCIL MEETING May 4, 1992 After Mayor Roegner read the proclamation, Deputy City Clerk Gayle Butcher accepted the proclamation. (3) National Public Works Week A proclamation of the Honorable Bob Roegner, Mayor of the City of Auburn, Washington, proclaiming May 16 through May 23, 1992, as "National Public Works Week". Frank Currie accepted the proclamation from Mayor Roegner. Mayor Roegner announced that beginning May 16th a series of Public Works exhibits will be displayed on Main Street. Mayor Roegner thanked the Public Works staff for the many programs available during the year. (4) Emergency Medical Services Week A proclamation of the Honorable Bob Roegner, Mayor of the City of Auburn, Washington, proclaiming May 11 through May 16, 1992 as "Emergency Medical Services Week". After reading and presenting the proclamation to Fire Chief Johnson, Mayor Roegner expressed thanks to the Fire and Police Departments for their exemplary performance last weekend in providing backup to a serious situation in Seattle. 2. ADDointments - None D. Agenda Modifications Mayor Roegner noted agenda modifications this evening requests Agenda Items IV.C.S and VII.B.1 with regard to the Airport FAA Grant be withdrawn from the agenda. II. CITIZEN INPUT. PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings Prior to the Mayor opening the public hearings and for the benefit of the citizens, Mayor Roegner outlined routine public hearing procedures that will be utilized this evening under agenda items II.A.1 and II.A.2 according to the Auburn City Code. The hearings are in regard to the appeals filed by Miles Sand & Gravel Company and Frank Miles that require two separate actions by the Auburn City Council. He said the first public hearing is based on the Hearing Examiner's record and no new testimony can be given; the second public hearing is also based upon the Hearing Examiner's record but provides that the Council may receive new testimony and new evidence which is not contained in the Hearing Examiner's record. Each hearing will be conducted under the same procedures. The public hearing will be opened, those wishing to testify during the hearing will be sworn in by the City Attorney, and the Planning Director will provide a brief summary of the appeal. He said an opportunity for Council questions, answers, rebuttals will be taken after testimony is received. Mayor Roegner noted the Council may take action of approving, modifying or rejecting each of the Hearing Examiner's decisions. PAGE 2 CITY OF AUBURN COUNCIL MEETING May 4, 1992 Mayor Roegner requested each Councilmember disclose any ex parte communications with regard to the two appeals; excluding any newspaper articles or editorials which are contained as part of the record. Councilmember Kurle said he has had no ex parte communication. Council member Brothers said he has had no ex parte communication. Councilmember Barber stated she has had no ex parte communication. Councilmember Borden stated when she was campaigning last fall she spoke with a number of constituents. She said during this time she had several discussions with those persons who are for and against the Miles Sand & Gravel issue. Ms. Borden stated she received two donations, one opposing the issue and one supporting it. Donations were received from Wayne Heisserman and Don Wright. Council member Borden does not feel the brief communications last fall will affect her ability to make a fair decision tonight. Councilmember Burns announced he has been exposed to items appearing in the newspaper and heard a number of citizens speak at hearings before the City Council. No comments have been of a serious nature or an attempt to lobby him. Councilmember Burns remembered a November conversation with Cyril Van Selus with regard to the Miles Sand & Gravel issues. Mr. Burns does not believe any of those contacts have influenced his ability to hear the cases before the Council this evening. Announcing he was unable to respond to the clt1zens on their request for information with regard to the Miles Sand & Gravel issues, Councilmember Wagner said many citizens had approached him. At a political forum at the Senior Center Councilmember Wagner said he described the status of the permits as it relates to the Comprehensive Plan. Council member Wagner believes that any conversations he has had with regard to these issues would not in any way impair his ability to make a fair judgement on the appeals. Counci1member Whittall has received many comments with regard to the Miles Sand & Gravel issues. He said none of the conversations had anything to do with the issues before the Council tonight. The comments were all generic in nature, and he felt there would not be an impact on whether or not he can make a fair decision tonight. Councilmember Whittall stated one of his children is opposed to mining gravel in Auburn. Mayor Roegner clarified, on behalf of the Council, that they do not feel the contacts made to them resulted in any sort of preconceived notion with regard to the case before the Council this evening. Mayor Roegner disclosed he was approached by the President of the Chamber of Commerce inquiring as to the status of Miles Sand & Gravel appeals. He stated there was no lobbying; only an attempt to acquire information. They were referred to the Planning staff. Additionally, Mayor Roegner received three phone calls from Mr. Jim Nealan inquiring of what the status of the Miles issues were. Mayor Roegner felt his contacts would not in any way effect his ability to impartially chair this meeting tonight. PAGE 3 ~ CITY OF AUBURN COUNCIL MEETING May 4, 1992 1. ADDlication No. CAPOOO 1-92 03.7.3 SEPOO 14-92, A3.23.1 The clerk announced the hearing of the appeal from the Hearing Examiner's decision with regard to the appeal of Miles Sand & Gravel Company and Frank Miles of the Responsible Official's decision to issue a Determination of Significance and Scoping Notice pursuant to the State Environmental Policy Act. Mayor Roegner opened the public hearing. Those citizens wishing to testify were sworn in by City Attorney Stephen Shelton. Approximately seven people were sworn in. Planning Director Steve Lancaster provided a brief summary of the appeal. Application No. CAPOOO 1-92 is whether or not the City should require an Environmental Impact Statement (EIS) be prepared before the City Council makes its decision on the surface mining permit. Illustrated on the overhead projector and included as part of the Hearing Examiner record, Steve Lancaster pointed to the entire property under consideration. It consists of two separate parcels that will be referred to throughout the hearing tonight. The Lakeview Parcel owned by Miles Sand & Gravel Company and Frank Miles is approximately ninety-acres in size. The second parcel is approximately forty-five acres in size and is referred to as the BNRR Parcel and is also owned and operated by Miles Sand & Gravel Company. Steve Lancaster provided a brief summary of events in order to acquaint the audience with the first public hearing. He explained after consideration of the environmental checklist submitted by the applicant, and as the responsible official of the City of Auburn, a Determination of Significance was issued requiring an Environmental Impact Statement be prepared prior to review of a mining permit. Steve Lancaster stated an appeal was filed, a hearing was held before the Hearing Examiner, and the City's decision was upheld by the Hearing Examiner. This decision was appealed to the City Council which is the purpose of the hearing tonight of whether or not the City has erred in requiring that an EIS be prepared. Frank Miles - P.O. Box 130, Auburn, WA Frank Miles is the owner and operator of Miles Sand & Gravel Company for the last fifty years. Mr. Miles noted his community involvement during this time. Given his numerous mining operations throughout the state, Mr. Miles does not feel an Environmental Impact Statement (EIS) is warranted due to the economic feasibility in relation to the mining left to do. He argued that the City's approach to this issue in requiring an EIS is unwarranted because of the previous 1980 Lakeview Reclamation and Master Plan Final Environmental Impact Statement, and because the City has not yet adopted the Lakeview Special Planning Area. Mr. Miles noted mining has occurred on the BNRR Parcel since 1890, their operation has been in existence for over fifty years, and he felt there have been no adverse environmental effects during this time period. Referring to other mining operations PAGE 4 CITY OF AUBURN COUNCIL MEETING May 4, 1992 adjoing his property, Mr. Miles alluded to unfair treatment by the City. William Lynn - P.O Box 1157, Tacoma, W A William Lynn is the attorney representing the Miles Sand & Gravel Company and the Miles family. Focusing on the facts presented to the Hearing Examiner, Mr. Lynn gave a brief overview of the area of mining owned and operated by the Miles Sand & Gravel Company. He noted the BNRR Parcel has been 100% mined and all that remains is 15% of reclamation; 90% of the Lakeview property has been mined, and all that remains is a small portion of reclamation. Mr. Lynn stated requiring an EIS is exceptional because the 1980 EIS was completed. Mr. Lynn asserted that mining activity has occurred on each Parcel for a number of years and it has been demonstrated that no major environmental impacts have occurred on the mining site. In fact he said, what makes it unique among environmental cases is that we know more today that we did in 1980. Mr. Lynn presented that any concerns with regard to Miles processing plant, traffic impact, noise levels, and residential areas are not before the Council tonight. On the BNRR Parcel, Mr. Lynn said mining is complete, and all that is required now is to fill the holes with material so it can be reclaimed. Regarding the Lakeview Parcel, Mr. Lynn noted more significant work is required and offered proposals in completing their work. The concern of surface mining is dust and noise that effect nearby residents and half the residents are located on the south 500 feet away and to the west a quarter of a mile away from the nearest point where mining is going to take place. He noted ninety percent of the mining activity has been completed and 25% of site has been reclaimed. He stated two years of mining remains. Mr. Lynn explained their position with regard to slope stability on the east side of the property, and whether or not Mr. Miles should have to prepare a full development plan. Mr. Lynn stated information to make a determination on the mining activity is available, and if not, he requested city staff ask for it specifically rather than require an EIS.. Steve Lancaster - City of Auburn Planning Director Steve Lancaster presented the staff position with regard to the appeal by briefing the Council on the requirements of the Washington State Environmental Policy Act. He stated State law requires information be presented through an EIS whenever its determined, as quoted from SEPA Guidelines "...that a proposal may have probable significant adverse environmental impact..." He said the surface mining proposal is likely to have probable significant adverse impact, and an EIS is needed as a matter of law. As mentioned before, Mr. Lancaster pointed out the issue before the Council is whether or not the City has erred in requiring that an EIS be prepared before a decision is made. The decision to require an EIS does not indicate whether or not a project should ultimately be approved. The EIS provides valuable information as to how and on what specific conditions the proposal may be approved. Mr. Lancaster PAGE 5 CITY OF AUBURN COUNCIL MEETING May 4, 1992 argued that continued and expanded surface mllllllg activity, and is likely to have significant adverse environmental impacts which need to be evaluated prior to a decision. These impacts include potential ground water contamination and slope stability and erosion. Mr. Lancaster responded to several issues raised by the appellant before the Hearing Examiner and in comments to the City Council this evening. He emphasized that an EIS is important not only as a matter of law, but as a matter of public policy since full public scrutiny and debate is so important where the project's impacts could affect every resident of the community. The record clearly shows that what Miles Sand and Gravel is now proposing is significantly different than what was evaluated in 1980 and approved in 1981, with some slopes being three times as steep as those approved in 1981. Lancaster stated that only the City Council has the authority to change approved slopes established by ordinance. he challenged statement made by the appellants that the Department of Natural Resources permit issued in 1971 is sufficient to proptect the community's interests, displaying a copy of the DNR Reclamation Plan and describing discrepancies between this plan and the manner in which mining has actually been conducted. Mr. Lancaster concluded his comments by describing the City's process in establishing Special Planning Areas, and how the public process relates to the Miles Sand & Gravel site. He said a mining permit is necessary in order to get that property into a condition that will facilitate future development, and in order to do this without jeopardizing the environment is to require a EIS. Mike Bocatch - III H Street S.E., Auburn, W A Mike Bocatch is a resident of the City of Auburn. Mr. Bocatch said one of the central elements of the Growth Management Act that requires local governments to adopt development regulations which preclude land uses and developments which are incompatible with critical areas. He stated critical areas such as the Miles Sand & Gravel site with regard to the aquifer raise concerns. Mr. Bocatch recommended the Council deny the appeal of Miles Sand & Gravel in order to protect the aquifer. Frank Shaughnessy 1402 22nd Street N.E., Auburn, WA Frank Shaughnessy introduced himself as a business owner in Auburn. He compared the operations of the city with a business. Even though the city is run technically correct, Mr. Shaughnessy felt requiring Mr. Miles to do an EIS is not economical, and from a business point of view, opinions differ. He feels this is a disputed opinion, and it is the Council's job to take action that is fair to the business community. Jim SDrenger - 230 Auburn Way North, Auburn Mr. Sprenger is a resident and business owner in Auburn. Mr. Sprenger objected to the City's action in dealing with a fifty-year-01d mining operation because he felt Mr. Miles has demonstrated leadership in the community by providing jobs, gravel, and building our city. Mr. Sprenger said Mr. Miles has considerable knowledge in engineering and would not put his assets at risk in polluting the water PAGE 6 CITY OF AUBURN COUNCIL MEETING May 4, 1992 in Auburn. Mr. Sprenger suggested the Council consider fairness in Auburn. Frank Miles - P.O. Box Mr. Miles clarified in 1971 he submitted his State Reclamation Plan to the State of Washington. At that time there were no grading restrictions imposed. Mr. Miles referred to the 2300-2400 signatures supporting a compromise. William Lynn Mr. Lynn questioned why the other adjoining mining operation is not required to participate in an EIS as it was in 1980. Referring to map showing the slopes on the Miles property, Mr. Lynn stated the vertical scale on the map, which is exaggerated in that it looks like more height is there than there is, is a standard engineering technique. Because the hill has a different shape, Mr. Lynn wondered why it would have an impact. Mr. Lynn commented on grading issue, and Comprehensive Plan process. Steve Lancaster Because there appeared to be confusion with regard to the zoning at the Miles Sand & Gravel site, Steve Lancaster clarified that the zoning continues to be the same as it was in 1980, R -1. He commented on the State Reclamation Plan with regard to screening, and meetings held with the Miles Company. Despite many requests, he said key requirements have not been submitted to the city such as a current soils report and subsequent use of the land. Mr. Lancaster commented on the aquifer, slopes, and adjoining property owner's position with the City. The work on the BNRR Parcel is a threat to the City's water system where the adjoining mining operation is not deemed an immediate threat at this time. Motion by Councilmember Burns, second by Counci1member Barber to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Mayor Roegner proposed a short recess at 9:05 p.m. for five minutes. The meeting reconvened at 9:12 p.m. William Lynn William Lynn requested the Council consider taking action on this case now because there are two appeal cases before you of which one is limited to the record and one is not. Motion by Councilmember Whittall, second by Counci1member Kurle to call up Ordinance no. 4558 for consideration at this time. MOTION CARRIED. 4-3 with Councilmember Burns, Barber and Brothers voting no. The Council deliberated over the issue of whether an Environmental Impact Statement is required on the Miles Sand & Gravel site. The City Council effectively addressed their concern to staff and the PAGE 7 CITY OF AUBURN COUNCIL MEETING May 4, 1992 appellant on past and current zoning, clarifying the process used when an Environmental Impact Statement is necessary, and obtained comments on current mining activity, reclamation of the site, and future development as a Special Planning Area of the site. Environmental concerns were raised with regard to ground water effects on the aquifer, erosion control and slope stability, and noise. Other details discussed were slope stability, historic and cultural artifact preservation, buffering concerns, and employment levels at the Miles Sand & Gravel site. Councilmember Kurle indicated his agreement that the groundwater and slope stability issues need to be analyzed further, but questioned whether this could be done without a "full-blown" EIS. Lancaster indicated his belief, as the City's SEPA Responsible Official, that an EIS is needed. He indicated, however, that through the "scoping" process, the topics in an EIS can be narrowed to only the facts that are truly significant. He indicated that the scoping process had been started in November, but hasn't been completed due to the appeals. Some of the Counci1members directed questions to Mr. Miles with regard to the amount of mining left on this site and the approximate cost of preparing an Environmental Impact Statement. Mr. Miles felt that even though approximately $450,000 of mining activity remained at his site, the $250,000 price for an Environmental Impact Statement was not the best investment of his capital. Mr. Miles stated he is asking for approval to mine for six more months on the BNRR Parcel, and two years on the Lakeview Parcel. With regard to the question of if any historical or cultural artifacts have been found on the mining site, Mr. Miles stated about twenty years ago an arrowhead was found. Miles Attorney William Lynn maintained that the requirement of the scoping process is not acceptable to them because of the numerous items requested for in that document. Mr. Lynn read the list from the Determination of Significance and Request for Comments on Scope of Supplemental EIS as identified by the staff. Steve Lancaster responded that these are recommended areas in the scoping process that staff felt should be addressed, but are not finalized. As an element of the 1986 Comprehensive Plan Special Planning Areas have been designated. Staff identified the Miles Sand & Gravel site as a Special Planning Area. The Comprehensive Plan identifies the general land use of the property according to the guidelines established for the Special Planning Areas. Work has started in preparation of the Special Planning Area for the Miles Sand & Gravel site. Involvement of property owners and surrounding neighbors as to what the future use of the property will be is part of the process. Steve Lancaster noted the Comprehensive Plan specifies that the average density for that area is residential and is closer to a R -1 zoning designation. Prior to his motion, Councilmember Burns summarized for the Council the issue before the Council this evening. There are two pieces of property we are looking at. One is the BNRR Parcel where there has never been an EIS issued or required. We have an application from Mr. Miles requesting an extension of the mining permit that will allow reclamation of the central portion of the existing site including PAGE 8 CITY OF AUBURN COUNCIL MEETING May 4, 1992 refilling some existing excavations. Relating to ground water and gravel mining as reported by Carolyn Boatsman for Seattle/King County Health, Council member Burns addressed some of the risks associated with active mining with ground water being one of the largest. The recommendations made in this report are similar to issue before the Council. He stated the risks pointed out in this report will not be addressed unless an EIS is required. Regarding the Lakeview Parcel, he referred to the original permit where the second condition refers to conformance of the FE IS Lakeview Reclamation and Master Plan that was issued in 1980. Council member Burns pointed out the Miles operation mined the site contrary to what the permit said and the EIS. As part of the responsibility to the citizens in this community, Council member Burns recommended the Council obtain answers to fundamental questions with regard the environmental impacts should mining continue such as slope, erosion sliding, ground water and contamination, and the city's aquifer and water supply. He said we need to know what the long term effects of continued mining are at the Miles site prior to Mr. Miles proceeding with further activity at the site. He concluded his comments by stating an EIS is required in order to obtain answers to these questions, and we need to know what the long term effects are. Motion by Councilmember Burns introduce and adopt Ordinance No. 4558 which affirms the Hearing Examiner's Decision with regard to the appeal of Miles Sand & Gravel Company and uphold the Responsible Official's issuance of a Determination of Significance and Scoping Notice pursuant to the State Environmental Policy Act. Second by Councilmember Barber. Some of the Councilmembers expressed concern in requiring the number of items on the scoping portion of the EIS and hoped this process would open up communication with appellant. A suggestion of sharing the cost or expanding the existing environmental checklist which would focus on areas of concern was discussed. MOTION CARRIED UNANIMOUSLY. 7-0. 2. ADDlication No. CAP0002-92 A3.23.1,03.10.3 The Clerk announced the hearing on the appeal from the Hearing Examiner's Decision with regard to the appeal of Miles Sand & Gravel Company and Frank Miles of the Auburn Planning Director's administrative decision that no valid City permit exists for surface mining at the Miles Sand & Gravel site and that surface mining must therefore be terminated until such permit is secured. Mayor Roegner opened the public hearing. City Attorney swore in those people wishing to testify on this issue. Steve Lancaster briefed the Council on the second public hearing in that it relates to the same two pieces of property that have been subject to the previous hearing. The issue before the Council is whether or not the Planning Director erred in determining that no PAGE 9 CITY OF AUBURN COUNCIL MEETING May 4, 1992 that potential impacts of continued mllllllg on this site are significant and require preparation of an Environmental Impact Statement. The ground water analysis provided to the Council recognizes the entire area being mined comprises the City's aquifer and indicates there is a direct sub-surface hydrologic connection between the Miles mining operation and the City's well. Water quality impacts from the mining operation have the potential to affect a large portion of the aquifer. Mr. Lancaster noted that many activities typical to sand & gravel operations have the potential to adversely impact ground water. Mr. Lancaster finalized his comments by stating the aquifer has been identified as the City's long term water supply. Contamination of this water supply would not only be environmentally damaging, but financially disastrous. Mining activity in this area needs to be closely managed with a full understanding of the environmental impacts which can be evaluated through the EIS process. Motion by Councilmember Burns, second by Councilmember Barber to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Brothers asked what the current status of the Segale mining permit is with the City, and commented on the need to protect the city's water resource. Steve Lancaster updated the status of the Segale property. Discussion centered around information provided to the City by the Bureau of Indian Affairs for potential development of the Miles Sand & Gravel site as proposed by Miles Sand & Gravel. The proposal was made about the same time, and is different than what was submitted to the City. Of noticeable concern, and based upon the application provided to the Bureau of Indian Affairs, the significant difference is excavation of an additional two million yards from both the BNRR Parcel and Lakeview Parcel which would result in a twenty acre lake being located in the City's aquifer. Implications from a development such as this are even more dramatic for the ground water system. As about the differences between mining plans submitted to the City and plans submitted to the Muckleshoot Tribe, Mr. Miles explained that, the Bureau of Indian Affairs approached him ten years ago stating Miles Sand & Gravel was violating their reservation rights. The Tribe eventually wants to use the twenty acre lake for aquaculture. With regard to mitigating issues surrounding Miles, the City and the Tribe, Steve Lancaster stated we do not have information we need right now to know whether this can be done in a safe manner. A permit is required and it is not acceptable to leave the site as it currently exists. Mr. Lancaster felt given the environmental information required, securing the permits for completing the mining operation in an environmentally safe way is possible. Steve Shelton explained that the City's position would be to maintain jurisdictional protection of the City's aquifer should the Bureau of Indian Affairs be granted a transfer of the Miles Sand & Gravel site by the Federal Government. PAGE 11 CITY OF AUBURN COUNCIL MEETING May 4, 1992 Further discussion continued with regard to the EIS and when the City decided to shut down Miles Sand & Gravel operations. At this point, the Council agreed there isn't enough information with regard to the slopes and the effect on the City aquifer to allow continued mining operations. Motion by Councilmember Burns, second by Council member Barber to introduce and adopt Ordinance No. 4559 which affirms the Hearing Examiner's Decision to deny the appeal filed by Frank Miles and Miles Sand & Gravel Company of the Auburn Planning Director's Administrative Decision that no valid city permit exists for surface mining at the Miles Sand & Gravel site and that surface mining must therefore be terminated until such permit is secured. MOTION CARRIED UNANIMOUSLY. 7-0. B. Audience ParticiDation - None. C. CorresDondence 1. Letter dated April 1, 1992 from William T. Lynn regarding the Appeal from the Hearing Examiner's Decision; Proponent and Appellant: Miles Sand and Gravel Company and Frank Miles; City File No. SEPOO 14-91. III. COUNCIL COMMITTEE REPORTS A. MuniciDal Services A3.6.4.4 Chairman Brothers reported that the Municipal Services Committee met prior to the Council meeting at 4:30 p.m. Items discussed were architectural bid call for City Hall Annex building, and surplus of unclaimed property. The next Municipal Services meeting is Monday, May 18, 1992 at 4:30 p.m. in Conference Room #2. B. Planning & Community DevelODment A3.6.4.4 Chairman Burns reported that the Planning & Community Development Committee met on April 20, 1992 and the minutes are of public record. The next meeting of the Planning & Community Development is scheduled to meet Tuesday, May 26, 1992. C. Public Works A3.6.4.4 Chairman Whittall reported that the Public Works Committee met prior to the Council meeting at 5:30 p.m. Items discussed appear on the Consent Agenda. The next meeting of the Public Works Committee is scheduled for Monday, May 18, 1992 at 5:30 p.m. D. Finance A3.6.4.4 Chairman Barber reported that the Finance Committee met prior to the Council meeting this evening at 7:00 p.m. and discussed Consent Agenda Items. The next meeting of the Finance Committee is scheduled for Monday, May 18, 1992 at 7:00 p.m. PAGE 12 CITY OF AUBURN COUNCIL MEETING May 4, 1992 IV. CONSENT AGENDA A. Minutes A3.6.2 1. Minutes of the April 20, 1992 regular Council meeting. B. Vouchers F4.9.2, F4.9.5 1. Claim numbers 71768 through 72158 in the amount of $326,648.77 and dated May 4, 1992. 2. Payroll numbers 177880 through 178329 in the amount of $624,719.39 covering the period April 15, 1992 to April 28, 1992. C. Contract Administration 1. Storm ImDrovement No. 41 04.8.1 Storm Improvement No. 41 Approve Final Pay Estimate No.5, Contract 91-02, to Klokstad Construction, Inc. in the amount of $931.46 for storm drainage utility construction. 2. Street ImDrovement No. 287 04.9.1 Street Improvement No. 287 Recommend award of St. Imp. 287, Contract 92-05, Academy Drive and Auburn Way South to Gary Merlino Construction on their low bid of $638,211.50. 3. Street ImDrovement No. 303 04.9.1 Street Improvement No. 303 Recommend permission to advertise for bids for St. Imp. No. 303, the annual Chip Seal program under Contract 92-07. 4. Street ImDrovement No. 304* (Whittall/Currie) 04.9.1 Street Improvement No. 304 Recommend permission to advertise for bids for St. Imp. No. 304, the annual Slurry Seal street maintenance program according to Contract 92-08. 5. Airoort ImDrovement No. AlP 3-53-0003-06* Whittall/Lancaster) 04.4.9.1.2, F5.4.3 Recommend City Council approve the award of City Contract 92-10 for improvements to Auburn Municipal Airport under FAA grant project #3-53-0003-06 to Lakeridge Paving in the amount of $300,712.04 including sales tax. D. Surolus ProDerty F4.6.1 1. Public Works DeDartment Request permission to surplus and sell at the next auction the following vehicles: -6215A 1981 Ford Fairmont Sedan Serial No. PAGE 13 CITY OF AUBURN COUNCIL MEETING May 4, 1992 1FABP21B8BKl72340 (F.A. #55000 21581) -6303A 1988 GMC Vandura Cargo Van Serial No. 1GTGG35K5J7519088 (EA. #55000 06303) -6423A 1972 John Deere Grader Serial No. JD-570A (002003T) (EA. #55000 42372) -336- 70 4" "C" Pump No Serial Number -337-77 4" "C" PumpNo Serial Number -534-66 3" Portable Home1ite "C" Pump No Serial Number -540-86 21" Snapper Lawn Mower Serial Number 64094274 -550-80 Onan 5 K W Generator No Serial Number -1983 Walker Floor Jack (Blue) Serial Number 0666-D2850 (Model #93666) (F.A. #55088 00064) -Blackhawk Floor Jack (Red) Serial Number SJ4 (4- Ton) -1977 Coats Tire Machine Serial Number 55215 Model 2020A City Of Auburn #550-041 (F.A. #55088 00041) 2. Police DeDartment Recommend the listed property as surplus and to be sold at public auction: AM/FM Stereo Receiver 6/12 volt battery charger 76 piece tap and die set in case Yellow electric light drop cord Red handled 14" bolt cutters Auto radio Car radio E. Billing Ad iustments F4.5.2 1. Recommend approval of utility adjustment to account #438-3464 in the amount of $233.28. Motion by Councilmember Kurle, second by Councilmember Burns to adopt Consent Agenda Items IV.A. through IV.E.1 except Consent Agenda Item IV.C.5 which is withdrawn according to Agenda Modification Item I.D. MOTION CARRIED UNANIMOUSLY. 7-0 V. OLD BUSINESS A. ADDlication No. MIS0002-92 03.4.2.1.2 Council to consider an amendment to Section 18.22.050(E) of the Zoning Ordinance to increase the building height in the RO-H zone from 45 to 65 feet and instruct the City Attorney to prepare the necessary ordinance. Motion by Councilmember Burns, second by Councilmember Borden to amend Section 18.22.050(E) of the Zoning Ordinance to increase the building height in the RO-H zone from 45 to 65 feet and instruct the City Attorney to prepare the necessary ordiannce. PAGE 14 CITY OF AUBURN COUNCIL MEETING May 4, 1992 MOTION CARRIED UNANIMOUSLY. 7-0. VI. NEW BUSINESS A. ADD1ication No. CUPOOO 1-92 03.10.1 Council consideration on the request of Ngon Wong, et ai, for approval of a Conditional Use Permit to allow construction of four 4-plexes and 1-tri-plex located on the south side of 21st Street S.E. in the 200-300 blocks. Motion by Councilmember Burns, second by Councilmember Barber to approve the Conditional Use Permit based upon the Hearing Examiner's Findings of Fact, Conclusions and Conditions and to instruct the City Attorney to prepare the necessary Ordinance. MOTION CARRIED UNANIMOUSLY. 7-0. B. ADDlication No. CUP0002-92 03.10.1 Council to consider the request of James I. Hart for approval of a Conditional Use Permit to allow establishment of a 3760 square foot automobile dismantling shop located in Suite #10, One 30th Street N.W. Motion by Councilmember Burns, second by Councilmember Barber to approve the Conditional Use Permit based upon the Hearing Examiner's Findings of Fact, Conclusions and Conditions and to instruct the City Attorney to prepare the necessary Ordinance. Questions were raised with regard to outdoor storage, landscaping requirements, and whether or not adverse comments were received. Staff responded to the questions raised. MOTION CARRIED UNANIMOUSLY. 7-0. VII. ORDINANCES AND RESOLUTIONS A. Ordinances 1. Ordinance No. 4558 A3.23.1 CAPOOOl-92, 03.7.3 SEP0014-91 An Ordinance of the City Council of the City of Auburn, Washington, affirming the Hearing Examiner's Decision in Case No. MISOO 1 0-91 to deny the appeal filed by Frank Miles and Miles Sand & Gravel Company of the Responsible Official's Issuance of a Determination of Significance and Scoping Notice in File No. SEP0014-91 pursuant to the State Environmental Policy Act. Refer to II.A.1 of these minutes for action taken on Ordinance No. 4558. 2. Ordinance No. 4559 A3.23.1 CAP0002-91, 03.10.3 An Ordinance of the City Council of the City of Auburn, Washington, affirming the Hearing Examiner's Decision in Case No. MIS0012-91 PAGE 15 CITY OF AUBURN COUNCIL MEETING May 4, 1992 to deny the appeal filed by Frank Miles and Miles Sand & Gravel Company of the Auburn Planning Director's Administrative Decision that no valid city permit exists for surface mining at the Miles Sand & Gravel site and that surface mining must therefore be terminated until such permit is secured. Refer to II.A.2 of these minutes for action taken on Ordinance No. 4559. B. Resolutions 1. Resolution No. 2312 F5.4.2, 04.4.9.1.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City of Auburn to accept a grant offered by the Federal Aviation Administration in the amount of $335,521.00 under AlP Project Number 3-53-0003-03 for improvements to Auburn Municipal Airport. Resolution No. 2312 was withdrawn from the agenda under I.D (Agenda Modifications) of these minutes. VIII. MA YOR'S REPORT Executive Session Mayor Roegner announced there would not be an Executive Session this evening and recommended adjournment. IX. ADJOURNMENT There being no further business to come before the Auburn City Council, the meeting adjourned at 11:08 p.m. ;i ~¿J~ Robin Wohlhueter, City Clerk Bob Roegner, Mayor 92M5-4 PAGE 16