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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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
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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