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HomeMy WebLinkAbout02-02-1976`# AUBURN, WASHINGTON MONDAY FEBRUARY 2, 1976 The regular meeting of the Auburn City Council convened at 8:00 P.M., in the Auburn City Council Chambers. • ROLL CALL Councilmen Present: Councilman Roegner, Kitchell, Craig, Larson, Anderson, Flechsig and Lea. APPROVAL OF MINUTES It was moved by Larson, seconded by Flechsig, that the Council Minutes of January 19, 1976, be approved as mailed. MOTION CARRIED PUBLIC HEARINGS The City Clerk read a letter from Pat Nevins, Director of Public Works, regarding the final assessment roll for LID 287. The cost of the project was $33,184.52 and assessments levied against individual property owners was $33,184.52. Engineering charges of $2,906.79 are included in the total cost and should be credited to Current Expense and charged to the project as per the Transfer Order. Preliminary Assessment Roll figures were $50.77 per front foot and on the Final Assessment Roll are $46.301143 per front foot. Mayor Kersey declared Public Hearing open on the Final Assessment Ro11 for Local Improvement District No. 287, construction of excavation, ballasting, curb and gutter, asphalt-concrete surfacing, storm drainage, 8 inch sanitary Sewer, 6 inch side sewers, 6 inch cast iron water main and fire hydrant on 21st Street S.E. between a point 325 feet East of Hemlock Street thence extending East a distance of 325 feet. It was moved by Flechsig, seconded by Larson, that the Public Hearing be closed. MOTION CARRIED It was moved by Flechsig, seconded by Lea, that the Final Assessment Ro11 for LID No. 287 be confirmed and the City Attorney be directed to draw up the necessary ordinance approving and confirming the assessments and the assessment roll. ROLL CALL VOTE: A11 Councilmen voting YES. MOTION CARRIED Mayor Kersey declared Public Hearing open on the request of Loran W. Davis to rezone from SPU (Special Property Use) to R-4 (Multi-Family) property located at the SW corner of "R" and 31st Street S.E. (Application No. 27-75) The Planning Commission recommends approval of this request with the following conditions: (1) That the density be restricted to 8 living units, (2) That the buildings have a minimum setback on 31st Street S.E. of 20 feet and on "R" Street S.E. of 15 feet, (3) That two story construction be restricted to townhouses (1i ving units 1st floor, sleeping area 2nd floor), and (4) If townhouse (2 story) construction is used there shall be planted and maintained a 15 foot green belt along the west property line and a 10 foot greenbelt along the south property line. Loran W. Davis, 3701 SW Prescott Place, Seattle, spoke in favor of his request and stated he does go along with the Planning Commission recommendations. It was moved by Craig, seconded by Anderson, that the Public Hearing be closed.. MOTION CARRIED It was moved by Craig, seconded by Kitchell, that the request of Loran W. Davis to rezone from SPU (Special Property Use) to R-4 (Multi-Family) be approved, the Planning Commission recommendations be concurred with and the City Attorney be directed to draw up the necessary ordinance. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED -1- ~°°' a_b . AUBURN, WASHINGTON MONDAY FEBRUARY 2, 1976 Mayor Kersey declared Public Hearing open on the request of Yohei and Emma Hikida to rezone from R-2 (Single Family) to C-1 (Light Commercial) property located between 702 and 714 Auburn Way ZJorth. (Application No. 33-75) The Planning Commission recommends approval of this request because it conforms to our Comprehensive Plan and there is an existing R-4 zoning to the East which provides the necessary transitional use between the commercial and single family uses; consideration should be given when final development is being planned t_o the re<ommendations of the Public Works Department. Ernest Crane of 220 1st N.E., Attorney representing Mr. & Mrs. Hikida, spoke in favor of the request and stated he would be glad to answer any questions. It was moved by Flechsig, seconded by Kitchell, that the Public Hearing be closed. MOTION CARRIED It was moved by Flechsig, seconded by Lea, that the request of Yohei and Emma Hikida to rezone from R-2 (Single Family) to C-1 (Light Commercial) be approved, the Planning Commission recommendations be concurred with and the City Attorney be directed to draw up the necessary ordinance. ROLL CALL VOTE: A11 Councilmen voting YES. MOTION CARRIED Mayor Kersey announced that the Public Hearings being held on the request of Bonanza °-- Investment Company & Harry Corliss and the request of Mark Land Development Company, ,,..~ Inc. and Robert Smythe their attorney are being recorded by a Court Recorder; therefore, *-~ he requests that those individuals who speak in regard to these requests speak slowly and clearly. "~ Mayor Kersey declared Public Hearing open on the request of Bonanza Investment Company & Harry Corliss for a Special Property Use Permit for gravel removal for property located south of Stuck River and east of Oravetz Road. (Application No. 34-75) The Planning Commission recommends approval of this request because it conforms to our Comprehensive Plan and will allow the use of valuable natural resources and leave the land usable for .the uses designated on our Comprehensive Land Use Plan and that the following special conditions and restrictions be included with the exception that #9 be amended to read as follows: A Performance Bond in the amount of $1,000 per acre, the amount of acerage as set forth by the Department of Natural Resources guaranteeing the restoration of the site excavated, shall be filed with the Planning Department prior to commencing of grading. The Bond requirements of the City may be co-beneficiary under the Bond requirements of the State of Washington Department of Natural Resources. Special Conditions and Restrictions: 1. The topography after excavation is complete shall conform as close as possible to the Comprehensive Grading Plans and Profiles as adopted by City of Auburn Resolution No. 457. 2. On-site gravel processing shall include processing by mechanical means and shall include such accessory uses such as washing plants, scale houses, stock piles etc., but not including asphalt or concrete batch plants. 3. Before installation of any equipment for the on-site gravel processing plant, the following conditions must be met. a. That the owner sign an agreement with the City of Auburn to be binding on his heirs, successors and assigns agreeing to terminate all removal and processing of natural resources under the two county permits issued prior to annexation (ZA 62-126 & ZA 63-211). b. That a restoration plan for that portion of the property where removal of natural resources have been performed under the county permits be submitted for approval of the City Council Planning and Beautification Committee. Said restoration plan shall include but not be limited to those conditions imposed under the two county permits. -2- 7f AUBURN, WASHINGTON MONDAY FEBRUARY 2,.1976 c. That restoration begin on that portion of property where removal of natural resources had been performed under-the county permits within one (1) year after approval of the restoration plan. A performance bond in the amount of $1,000.00 per acre guaranteeing that restoration will begin within one (1) year after approval of the restoration plan shall be filed with the Planning Department. d. That the plant be located as shown on the plans prepared by LeRoy Engineers, Puyallup, Washington, dated 20 December 1970 on file in the City of Auburn Planning Department. e. Submit proof of valid approval or permit from the Puget Sound Air Pollution Control Agency. f. That natural screening be retained surrounding the plant and, where no natural screening exists, that suitable trees be planted and caused to grow. Said screening to be of sufficient height so that said plant site will not be usable from Oravetz Road. 4. That the existing stockpiles of crushed stone shall be removed from the property before any processing is begun at new site. 5. No bank run gravel shall be excavated and removed from the. north face of the pit area excavated under the aforesaid county permits, unless it is being removed in conjunction with the restoration of the site in which case written notice shall be given to the City of Auburn Planning Department that said removal will take place. 6. A berm of natural material shall be left along the north edge of the pit site until all excavation has been completed on the southerly portion of the pit site in conformance with the Master Grading Plan. 7. Maximum noise levels shall not exceed the standards set forth in the noise control regulation attached hereto as Exhibit "a". 8. Land restoration when grading is completed shall be in conformance with the land restoration plans on file in the City of Auburn Planning Department. 9. A Performance Bond in the amount of $1,000 per acre ..:guaranteeing the restora- tion of the site excavated, .shall be filed with the Planning Department prior. to commence of grading. The Bond requirements of the City may be co-beneficiary under the Bond requirements of the State of Washington Department of Natural Resources. 10. 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. Y1. That any unimproved dedicated right-of-ways used for truck traffic between the excavation and Oravetz Road shall be constructed in conformance with the City's specifications for the classification of road in conformance with the City's Comprehensive Street P1 an. 12. The hours of operation shall be limited to - from 7:00 A.M. td 7:00 P.M. - six days a week. No material shall be removed from the site on Sunday or legal holidays. 13. That all equipment operating within the permit area, using gasoline or diesel engines, be equipped with a rtiuffler. A muffler means a device consisting of a series of chambers, baffles or other mechanical designs for the purpose of re- ceiving exhaust gases from an internal combustion engine and effective in reducing ,noise resulting therefrom, 14. 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, Zack of .such noti- fication shall not be cause for denying the right to inspect. The operator shall have the option of accompanying the inspector. - 3- I~ AUBURN, WASHINGTON MONDAY FEBRUARY 2, 1976 Monthly inspections shall be made duriny the permit year by the Department inspectors to insure compliance with the operating permit, reclamation p1 an, and the plan of surface mining. Any and all deficiencies shall be immediately brought to the attention of the operator, and written notice sped fying 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 rectification 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 laws. The Department shall have grounds to terminate and cancel the operating permit if the operator does not commence action to rectify any and all deficiencies as specified above, or as specified in the permit. The operator and his surety shall be notified of such termination and cancellation, said notice to be mailed to the last known address of the operator and surety. 15. That this permit shall expire, unless earlier modi fied or terminated, twenty (20) years from the date of approval of this permit. 16. Treat t:ie permit after approval by the City shall be signed by the applicant and be recorded in the Office of the King County Auditor. Councilman Craig asked if it would be proper to combine the Public Hearings on the request of Bonanza Investment Company & Harry Corliss (Application No. 34-75) and ~'~ the request of Mark Land Development Company, Inc. and Robert Smythe their attorney (Application No. 35-75) . r-~ The City Attorney stated that the two Public Hearings could 7a~ cpr~~l.~e~ ~~' ~~@.~e ~~ ;,;,..~ no opposition from the petitioners qr an~~n~ ~zn ~~~ ~~~'ieDCe. R®~be~t Smyth, at~9~raey ~®p~~~~r~tlt~~ ~®~~ ,p~~~~~®~~~~, ~~~~~~ ~~~ ~~~~~~~ ~~~~ ~~ ®.bj~ction t® ~®n~®,~ld~~ln~ ~~~ ~w® p~~ll~ N~~~~~~~. ,fit ~~ ~1~~ n®t~~ t~~t t~i~~~ w~~~ n® ®~~~~~~®~~ ~~®tn ar~y®~~ ~~ ~~~ ~u~~~~~~. It w~~ m®v~d .~y Cx'dlg', ~~~®t~~'~d ,~~ ~®~~~~~, ~~~~ t~~ pta~~~~ N~~~~~~,~ ®~ ~1~~ ~~~~~~~ ®~ S~n~nz~ ~`~v®~tm~r~t C®mp~r~~ ~ ~1~~~~ C®~~~~~ (~p~~~~~~~®~ N®. ~~-95) ~~~ ~~~ l~P~l~~~t~®n N®. 35-75) ~® c®n~®~~~~~~~. ~~~'~®N ~~~~~~~ N~~~~~~ ~~~®~~~~~. ,~~®~~®~3 Z5, ~w,~ 3~ N. , ~ 5 ~'~v'N. _~_ 7~ AUBURN, WASHINGTON MONDAY FEBRUARY 2, 1976 2. The topography after excavation is complete shall conform as close as possible to the Comprehensive Grading Plans and Profiles as adopted by City of Auburn Resolution No. 457. 3. On-site gravel processing shall include processing by mechanical means and shall include such accessory uses such as washing plants, scale houses, stock- piles etc., but not including asphalt or concrete batch plants. 4. Before installation of any equipment for the on-site gravel processing plant, the following conditions must be met: a. The plant shall be located in the existing pit area behind the berm (south side of berm) - said location to be approved by the City Council Planning ~ Beautification Committee. b. Submit proof of valid approval or permit from the Puget Sound Air Pollution Control Agency. 5. Maximum noise levels shall not exceed the standards set forth in the noise control regulation attached hereto as Exhibit "A". 6. Land restoration when grading is completed shall be in conformance with the land restoration plans on file in the City of Auburn Planning Department. 7. A Performance Bond in the amount of $1,000 per acre guaranteeing the restora- tion of the site excavated, shall be filed with the Planning Department prior to commence of grading. The Bond requirements of the City may be co-bene- ficiary under the Bond requirements of the State of Washington Department of Natural Resources. 8. 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. 9. That any unimproved dedicated right-of-ways used for truck traffic between the excavation and Oravetz Road shall be constructed in conformance with the City's specifications for the classification of road in conformance with the City's Comprehensive Street Plan. 10. 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. 11. That all equipment operating within the permit area, using gasoline or diesel engines, be equipped with a muffler. A muffler means a device consistsng 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. 12. 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 opera- for shall have the option of accompanying the inspector. Monthly inspections shall be made during the permit year by the Department. inspectors t6 insure compliance with the operating permit, reclamation plan, and the plan of surface mining. Any and all deficiencies shall be immediately brought to the attention of the operator, and written notice specifying deficiencies shall be gi ven to the operator. The operator shall commence action within thirty (30) days to rectify these deficiencies and shall dili- gently proceed until the deficiencies are corrected: FROVIDED, that deficien- cies that also violate other laws that require earlier rectification 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 laws. J -5- i ~' AUBURN, WASHINGTON MONDAY F'IiIiXC1ARY 2, l97(i The Department shall have grounds to terminate and cancel the operating permit if the operator does not commence action to rectify any and all deficiencies as specified above, or as specified in the permit. The operator and his surety shall be notified of such termination and cancellation, said notice to be mailed to the .last lcnown address of the operator and surety. 13. That this permit shall expire, unless earlier modified or terminated, twenty (20) years from the date of approval of this permit. 14. That the permit after approval by the City shall be signed by the applicant and be recorded in the Office of the King County Auditor. Mayor Kersey declared the Public Hearing open on the request of Bonanza Investment Company & Harry Corliss (Application No. 34-75) and the request of Mark Land Development Company, Inc. and Robert Smythe their attorney (Application No. 35-75) - recommendations set forth in the preceeding information. Ardice ICemp of 1628 37th Way 5.E., Bette Wolf of 1709 37th Way S.E. and Jean Boeh of 1802 37t1~ Way S.E. spoke in opposition to the request. These individuals voiced concern of the safety of persons and property due to the dangers created by the trucks, they were concerned witr'i the noise created by the operation and concerned with the hours of operation. They requested something be done to reroute the trucks and control the noise. Richard Fiedler of 1915 "U" Street N.E. voiced concern over the weight limits of the ,.,~_ trucks and suggested there be a weighing system to be sure the roads are not overloaded. ~- ~. Bob .Smythe of 29 lst Street N.E., attorney representing both Bonanza and Mark Land ,j Development Company, stated with him this evening on behalf of Bonanza is the President, ~' Mr. Harry Corliss and on behalf of Mark Land is Mr. Richard Kammeyer, the Auburn .~ Representative and Mr. George Hull, the Comptroller. Since the two applications are consolidated, Mr. Smythe stated he will make one presentation. The two particular tracks are the Mark Land tract consisting of a 158 acre tract and the Bonanza tract which is approximately 40 acres. The tracts abutt each other and as far as locating the tracts geographically, he stated the Stuck River is immediately to the north of the property and "R" Street Bridge and Oravetz Road comes down on the south. The property surrounding the area is generally undeveloped, the property off to the west is undeveloped and the property to the south and east is also undeveloped. The Bonneville Transmission Line traverses generally in a northeasterly or southwesterly direction and the property immediately north of the ri ver is developed in a residential area called Riverside South. The residential area is bounded both by the Stuck River and by a distance of approximately 1/2 mile from the excavation sites. Mr. Smythe stated the operation is already operating due to a previous permit granted by the City Council, approximately five years ago. The residential property is buffered from actual excavation and will continue to be buffered from excavation by a berm (mound of earth) which is up to 80 feet in height. The berm actually constitutes the property as it existed initially, with the removal operation lying behind it and going down, and the last thing to be done in the removal operation will be the removal of the berm.. The two permits were originally granted by the City Council in March of 1971 and the applications are basically the same as they were then. The conditions that the Planning Commission have recommended to you are basically the same. The only difference between the applications now, and as they existed five years ago, is that at the present time both applicants are asking fDr a processing operation to be conducted on their prospective sites. The protection for the environment of the people living to the north are quite adequate in terms of hours of operation, adequate buffer and noise control, inspections by the Department of Planning and inspection of haul routes. Also, since the Zast application was requested, Mark Land Investment has acquired the right-of-way and has actually built their private haul route immediately north of "R" Street, going on west to be ultimately connected to the Freeway - not directly but indirectly. This eliminates local haul routes being conducted along "R" Street S.E. Also, there are detailed provisions for the restoration of the property as far as to how it is to be restored and reclaimed and the sequences of how this is going to be conducted. The processing operations, as far as the two parties are concerned, will only be operation of crushing and general .processing operation of gravel and there is no asphalt or batch plants allowed. -6- 8 AUBURN, WASHINGTON MONDAY FP,BRUARY 2,1976 The location of the respective processing operations are: Mark Land conductF~d in the actual excavation site which is in a big pit completely surrounded by berm and the Bonanza excavation site is the one that was originally recommended and directed by the City Council in 1971 and is located right along the natural swail or depression in the ground. There are provisions relating to covering the entire operations so that both of them will be very silent. Also to eliminate some of the problems, the. permits issued by the county for the processing operation will be given up in exchange for moving the processing operation further away from the single family residences in the area. A11 of the agencies previously approved the applications and the State granted excavation permits. As far as removal is concerned, the Mark Land applicant has already removed approximately five million cubic yards of material from his particular site. This would make restoration, if it was insisted upon by the operation ceasing, impossible and would leave a very bad scar on the location. Bonanza likewise has not removed as much, but it has removed 100,000 cubic yards. The overall program is consistent with the Comprehensive Grading Plan, which the City Council had adopted earlier, and provides for the reduction in contours of the entire Comprehensive Gravel Removal Area. The entire area shall be removed according to the plan with the finished profiles in mind. Subsequent to this, there have been applications that have been approved which were by other investment groups in other areas. They are in other gravel removal pits in the overall area, but not within the specific confines of the Comprehensive Gradinq Plan Area. There are several benefits that naturally flow from a business operation conducted in the City. One of them would be that Z/2 of li of the sales tax for all retail sales of materials, from each of these sites, would flow ultimately to the City. Any inventory that is on the prospective sites would of course be inventoried back for flow into the City and also the same goes for personal property tax. The other situation, coming back to the protests, I noticed three Protestants as such: Mr. Fiedler expressed concern as far as weight limits and regulations, but I don`t really feel that was intended as a protest. All of the protests involved the operation of the particular trucks that are gravel trucks per se. Our position is that we are not .the only company utilizing this road, as far as hauling and materials are concerned, and some of the protests we feel were unduly directed at the companies involved. In addition, we feel that what the Council has to consider this evening is not the conducting of truck operations on the Public Highways of the State and City of Auburn, but the actual removal and processing operations of these two SPU Permits. .There are ordinances of the City of Auburn that more than adequately protect the City as far as operation of gravel trucks within the corporate limits of the City and these ordinances can be utilized to the extent where they can enforce any problems. Therefore, Mr. Smythe stated he feels they should obtain consi deration by the City Council relative to the particular applications. Both applicants are agreeable to all of the conditions set forth by the Planning Department of the City of Auburn and he respectfully requests that the Council entertain the applications. Ardice Kemp asked what the citizens could then do about the noise and danger from the trucks and wanted to know how they could approach the City. The Mayor stated he could not answer at this time, but the Council has heard her comments and he feels they will take them into consideration when they make a decision. It was moved by Lea, seconded by Kitchell, that the Public Hearing be closed. MOTION CARRIED Councilman Craig stated he believes Mrs. Kemp's request for action should be considered by the Council and he recommends that she get with the Public Safety Committee so they can direct the City Attorney and Police Chief to look into the problems. He suggested that Mrs. Kemp contact the Police Chief in order to arrange this. Councilman Craig also stated he is concerned with the addition of processing on site and stated that up until this time it has been the policy of the City Council not to grant processing permits, just gravel removal. It looks as if we are about to deviate from this and I think we should give it very careful consideration. He stated his main concern is the noise and dust that would come from the processing. Therefore, Councilman Crazg'stated he researched this and also spent a day with the - 7- AUBURN, WASHINGTON MONDAY FEBRUARY 2, 1976 King County Noise Pollution Agency. He stated that one of the restrictions in the application states the applicant must obtain a proper permit from the Air Pollution Agency before they start operating. He stated he asked the agency just what their license means and said he was told that the agency will require the applicants to submit plans showing the location of their processing plant and how they plan on processing and what they plan on using in terms of dust control, etc. Then the agency grants the permit and he pointed out that they very carefully explained that if the applicant does not adhere to the pollutiari standards, the agency writes them a ticket and can write as many as eight a day. It has been the agency's practice, and Councilman Craig stated he does not want to imply that this particular applicant would not comply, but it has been their experience with other people who have these permits that the pollution goes on and fees are not paid for a period, at times, while they are in litigation. He also noted that the agency inspects the plants at a minimum of once a year, on a routine basis, unless there is a complaint. A11 the agency can do is keep writing tickets and the only way that they can stop the operator, who does not comply, is when trey issue enough tickets and the company is fined sufficiently that i t becomes economically feasible for him to change his ways. Therefore, Councilman Craig said he does not feel we can depend upon some other agencies to control the problems. The problems should be solved here tonight with the proper restrictions. Councilman Craig went on to say he did collect some noise measurements and pointed out that one of the applicants was very cooperative. The applicant situated one of his loaders in the approximate pit area and came close to simulating the noise that we would expect from a gravel operation. The measurements were taken from locations in the neighborhood and when we radioed the operator to power up, and then took ;~; the measurements, none of the locations had a rating above the ambient. However, there F-- was one location at the end of "D" Street, adjacent_ to the river, where we could +° barely discern the diesel engine as it fired up; but, it was quickly lost in the background ~-J of the river. He does not believe there would be a noise problem then from the Mark Land ~; operation and stated that they did not take measurements from the other applicant ~~ but he does not feel there would be a noise problem because they are another 500 feet away. Councilman Craig stated he feels we should allow the gravel processing operation encompassed in the ordinance, but feels it should be renewed on a yearly basis so the PZanning and Beautification Committee could review it if there are any complaints and this would allow us an opportunity to do the policing. Otherwise, he feels a twenty year permit is a long time to grant a permit for an unknown situation. Also, Councilman Craig stated he was concerned and wanted to know what the Logic was in omitting the item that stated no more than a 20 acre site would be surfaced at one time. He said he felt that was a very good feature and is concerned that without it, the entire area could be torn up and if the applicants forfeited their bonds the City could not restore the property for that kind of money. He asked if this was a drafting error. Mr. Smythe and Mr. Kammeyer both stated that George Schuler, the Planning Director, suggested that particular provision be eliminated. Mr. Smythe stated the main reason is so that we preserve the continuous berm along -the north boundary rather than remove it, which you would have to do with a 20 acre type removal. Also, there are actual practical problems as far as removal. Having materials located throughout the entire site does not necessarily mean that Mark Land or Bonanza is going to start digging all over the site. I think the best answer is the five year results of the Mark Land operation and I am sure that none of you'wi11 dispute the fact that Mark Land has done an excellent job of the overall removal and protection of the environment. Mr. Kammeyer pointed out that the rest of the property, other than the berm, will be in 20 acre segments to the grade that the City adopted some five years ago. f7e also stated as far as restoration, we have $1,000 an acre and it is no problem to restore because it will be the grade and the top soil berm will be there to put back over. If we went in ZO acre segments, we would have to remove the berm and that would open the pit up the the public. Councilman Craig asked a number of other questions relating to .the 20 acre segments and the grading levels. Mr. ICammeyer pointed out that the Bureau of Mines does not allow them to go below the grading level and. therefore, it is taken down in Zifts for safety until they reach the floor level. Xe also stated that they must maintain the comprehensive grading that was adopted by the City five years ago, and they are doing so. -8- AUBURN, WASHINGTON MONDAY FEBRUARY 2, 1976 Councilman Craig also stated that the Air Pollution Control Agency pointed out that these operations can be maintained without emitting a lot of dust, if enough water is used and the op,~rator operates properly. Therefore, he asked where they would get their water. Mr. Kammeyer stated the water will come from a well and he stated that as far as dust, there just isn't. He noted that they use water and spray bars and if they can't pave a road, they water it continually and pointed out this could be determined from the water that has been purchased from the City. He also stated that there is a good probability that the water for the well will be purchased from the City. Mr. Kammeyer stated he would also like to point out that they went to a real considerab expense and a lot of work to acquire land in order to go through Shoreline Management and everything to build a haul road.. Also, as far as Mr. Fiedler's statement on weighing, our operation is by the ton and everything is definitely weighed. Councilman Flechsig stated they have applications for each location. Now, with the big area you have in Mark Land, is there a possibility you could do away with one of the manufacturing plants. Mr. Smythe stated he would have to ask his prespective clients. He checked with his clients and then stated, after talking with both of the applicants and due to the fact the Mark Land operation is in processing now and they have the grade basically down to the point where they could put in a plant immediately and they have one available, Mr. Corliss of Bonanza would be agreeable to withdrawing from his application the actual processing portion of his application. This withdrawal would be conditional upon all of the permits being granted as constituted with the conditions and so on that have been imposed. The City Attorney, John B. Bereiter, asked that the map (referred to by the speakers) and the sound data (referred to by Councilman Craig) be made a matter of Public Record and he asked that anything else that could come up during the course of the hearing, that could constitute a part of the consideration of the Council, be also made a matter of Public Record. Councilman FZechsig stated he would like to ask the applicants two questions. No. 1 - What in your opinion would a one year review do to you? and No. 2 - Do you use diesel engine set up or electric motors on this plant proposed for Mark Land? Mr. Smythe stated he will answer the second question first. The Mark Land processing operation is all electric and the only time diesel would be used would be if they are away from an area served by electricity. As far as the one year renewal, I believe it is covered under the restriction that states "The Department shall have grounds to terminate and cancel the operating permit if the operator does not commence action to rectify any and all deficiencies as specified above, or as specified in the permit. The operator and his surety shall be notified of such termination and cancellation, said notice to be mailed to the last known address of the operator and surety". I think that would apply to the processing and if the City Council took the Planning Department to administer the actual processing operation, as well as the extraction operation, I would suggest something like that rather than trying to put it on a time frame. Mr. Kammeyer stated they have no qualms, the City can come in and weekly inspect if they so desire. He stated they have regulations they must operate by. Also, there are other operating plants within the City Limits and I don't want to be discriminated against with heavier regulations than the others. I just ask to be treated equally. If we are not in compliance, it so states the Planning Department has the prerogative of shutting us down until we have corrected it. Believe me, with the investment that we have in this. town, we are not going to get up and leave Auburn tomorrow. The land is just as valuable to us in restoration as it is in gravel operation and we certainly intend to put it back as such. Councilman Craig asked the City Attorney if what he was ,. of the yearly inspections, would be covered by item 14 by item 12 of the second application. trying to accomplish, in terms of the first appliction and The City Attorney stated he thinks that could be handled administratively, under the provisions of item 14 of the first application and by item 12 of the second application, without adding an additional clause. He feels the Council can instruct the Planning.. and Community Development Department to conduct an annual review of the operations -9- ~' AUBURN, WASHINGTON MONDAY FEBRUARY 2, 1976 and if they feel there is a lack of compliance at that time, or any other time, .they can bring the matter to the attention of the entire Council for termination of the permit. Mr. Bereiter stated he feels the provisions set forth are a pretty heavy weapon. Councilman Craig said there is an item that says the applicants shall submit proof of a valid approval permit from the Puget Sound Air Pollution Control Agency. Alright, say they get the permit but then violate the pollutant requirements. Shouldn't that be encompassed in our ordinance? The City Attorney stated you could change that to read "Submit proof of compliance with the Puget Sound Air Pollution Control Agency." Mayor Kersey asked Mr. Bereiter, under the conditions made by Mr. FZechsig and the agreement of Mr. Smythe and the owners, if the Council makes a motion concerning that wouldn't it be proper far all of the notations made for on the Bonanza request, which pertain to the processing of materials on that site, to be stricken. The City Attorney stated that is correct. Councilman Lea stated Mr. Kammeyer had stated they did not want to have any di fferent application or permit from anyone else. Does the 20 year permit set in with all of the other applications for gravel removal in the City? It was pointed out that the original applications were issued for twenty years. ~,~ Councilman Lea then asked if the segments involved would be restored in five years? ~ , ,~,,. Mr. Smythe said no. The actual restoration and reclamation period was set up on ~„~, the basis of the State. In 1970, the Legislature enacted control and recommendations on gravel pits and provides for it to be done in a manner that they set forth. Differences occur, as far as the time period is concerned, based on the amount of material available at a particular site. If you have a very small site, that has a limited amount of materials, then the general practice among the City Council or County Council is to let the removal period be for a time consistent with what would be ordinary to remove it, considering the availability of users for the material. Councilman Lea also asked how the segments would go in terms of restoration and wanted to know what protection the City of Auburn would have if the property was sold. Mr. Kammeyer stated that depending upon a number of factors, the interim restoration will probably consist of about 10 to 20 acres every five years. Everything will come out, with the berm being. the last thing to be removed, and then the area will be all open and reseeded. In regard to the property, Mr. Kammeyer stated the permit and everything goes with the land and not to the individual. Councilman Lea asked if the applicants have had any violations served on them? Mr. Keller stated there have been no violations since he has been with the City and Mr. Kammeyer stated they had no violations. Mr. Kammeyer also pointed out that the City has a restoration plan on file showing how the property will be restored. The City Attorney asked that the Restoration Plan be made a part of the record also. councilman Lea stated that the restoration and the restrictions seem somewhat lax compared to some of the previous applications and he asked Mr. Keller to speak on that from his experience. Mr. Keller stated he does not think Councilman Lea is entirely correct because the segment plans are on file and they have to follow those, as they were adopted by the City Council several years ago. Also, the Attorney representing Bonanza and Mark Land leas pointed out the fact that the berm is there and we wanted to leave it there until the final time when the berm will come down and they will have the final grade. He pointed out he thinks this is a proper way to go about this operation and stated it is a good operation and a clean operation. Mr. Kammeyer stated that the grading and restoration plan is also on file with the Department of Natural Resources and that also protects the City because they will also inspect them periodically to see that they are in compliance. Councilman Craig asked the City Attorney if it would now be proper for the Council to -10- ,~o- x~c ~, AUBURN, WASHINGTON MONDAY FEBRUARY 2, 1976 go out and look at the property .and he pointed out that he was going to do that earlier and had been advised not too. The City Attorney stated a break may be appropriate as the Court Reporter could use a short break. Mayor Kersey recessed the meeting at 9:35 P.M. The meeting was reconvened at 9:43 P.M. The City Attorney stated if the Council authorizes the granting of this permit, at this evenings meeting, the ordinance would be prepared by his office and submitted for Council approval at the next Council Meeting. There would be no reason why, after this meeting, any individual Council Member, the Mayor or any official employee of the City could not go out and examine the site to be faimiliar with it. He explained that he had cautioned one of the Councilmen not to go out there this week because there is a doctrine in the law, known as the Appearance of Fairness Doctrine, and of course it is held that if an official who is going to pass on an application of this type goes out with somebody that is asking for the permit, in the absence of an opportunity for those who are protesting the permit, that even tho nothing wrong happens, there is an appearance of unfairness or an appearance thatyou might not have been fair. Now if you pass on this tonight, there is no reason why you couldn't go out and take a look, take a tour and familiarize yourself with it. In fact, I think that would be proper and appropriate. Councilman Lea asked Mr. Bereiter what recourse would the Council nave if they felt differently after viewing the site. The City Attorney stated this is a matter of legislation and you could always move to reconsider it. Councilman Larson asked Mr. Bereiter if he understands Section (a) of Item 4. The section states the plant shall be Located in the existing pit area, behind the south side of the berm and said location would be approved by the City Council Planning and Beautification Committee. Does that protect us and mean that they could not put in the plant until they get authorization from the Committees The pity Attorney stated that is correct and it appears to him to protect us. It was moved by Craig, seconded by Larson, that the request of Bonanza Investment Company & Harry Corliss for a Special. Property Use Permit for gravel removal (Application No. 34-75) and the request of Mark Land Development Company, Inc. and Robert Smythe their attorney, for a Special Property Use Permit for gravel removal (Application No. 35-75) be approved, the Planning Commission recommendations be concurred with - with the following exceptions: Items 2 and 3 of Application No. 34-75 be deleted in their entirety and Item 4b of Application No. 35-75 be amended to read "Submit proof of compliance with the Puget Sound Air Pollution Control Agency.", and the City Attorney be instructed to draw up the necessary ordinances. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED Mayor Kersey declared Public Hearing open on the request of Keith B. Li 1e for an amendment to an existing S.P.U. (43-66) to build 8 four Alex units instead of one 26 unit and two 28 unit apartment houses reducing the density from 82 units to 32 units also to change design and have separate ownership of said four-plexes per the requirements of City of Auburn Zoning Ordinance No. 1702 as amended Chapter 11.16.015, Sub-section (3-H) Dwellings, Duplexes and Multi-family, located on the north side of 23rd Street S.E. between "D" & "F" Streets S.E. (Application No. 36-75) The Planning Commission recommends approval of this request because it conforms to our Comprehensive Land Use Plan and there is existing multi-family development on surrounding properties. The proposed use would be less detrimental to surrounding properties and place less impact on the streets and public utilities serving the property. The following condition should be included in the permit: (1) That a six foot high screen fence be constructed along the north property line. Keith Life of 32015 1st Avenue South spoke in favor of his request. It was moved by Larson, seconded by Flechsig, that the Public Hearing be closed. MOTION CARRIED -11- 8.5~ AUBURN, WASHINGTON MONDAY FEBRUARY 2, 1976 It was moved by Flechsig, seconded by Larson, that the request of Keith B. Life for' an amendment to an existing S.P.U. (43-66) be approved, the Planning Commission recommendations be concurred with and the City Attorney be instructed to draw up the necessary ordinance. ._ ROLL CALL VOTE: A11 Councilmen voting YES. MOTION CARRIED CORRESPONDF. NCE The City Clerk read a loiter from George A. Schuler, Planning Director, regarding segregation of Assessment No. 2, L.I.D. No. 232, Total Assessment $11,721.95. It was rnoved by Lea, seconded by Craig, that the segregation of Assessment No. 2, L.I.D. IVo. 232, be approved as follows: (A11 assessments belong to Fred L. Brannan of Seattle and are segregated as follows) Assessment No. 2 for $5,365.03 (287.56 F.F. Street @ $11.538647, 167.56 F.F. Water @ $5.265615 and 167.56 F.F. Sewer @ $6.950926); Assessment No. 2A for $1,589.23 (66.90 F.F. Street @ $11.538647, 66.90 F.F. Water @ $5.265615 and 66.90 F.F. Sewer @ $6.950926); Assessment No. 2B for $1,589.23 (66.90 F.F. Street @ $11.538647, 66.90 F.F. Water @ $5.265615 and 66.90 F.F. Swer @ $6.950926); Assessment No. 2C for $1,589.23 (66.90 F.F. Street @ $11.538647, 66.90 F.F. Water @ $5.265615 and 66.90 F.F. Sewer @ $6.950926) and Assessment No. 2D for $1,589.23 (66.90 F.F. Street @ $11.538647, 66.90 F.F. Water @ $5.265615 and 66.90 F.F. Sewer @ $6.950926). ROLL CALL VOTE: A11 Councilmen voting YES. MOTION CARRIED The Clerk read a letter from George A. Schuler, Planning Director, regarding segregation of Assessment No. 10, L.I.D. No. 261, Total Assessment $8,214.81. It was moved by Lea, seconded by Larson, that the segregation of Assessment No. 10, L.I.D. No. 261, be approved as follows: Assessment No. 10 to Lone Bros. of Auburn for $5,653.76 (930.50 F.F. San. Sewer @ $6.076045); Assessment No. IOA to Robert Kuzmer of Auburn for $768.62 (126.5 F.F. San. Sewer @ $6.076045) and Assessment No. ZOB to Robert Kuzmer of Auburn for $1,792.43 (295.0 F.F. San. Sewer @ $6.076045). ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED The City Clerk read a Zone Change Application from G. L. Honeysett (Agent for Owner) (Application No. 2-76). It was moved by Lea, seconded by Flechsig, that the Zone Change Application from G. L. Honeysett, Agent for Owner (Application No. 2-76), be referred to the Planning Commission for recommendations. RECOMMENDATIONS MOTION CARRIED The following item was submitted by the Director of Public Works, Pat .Nevins, for Council Approval: Change to the Urban Arterial Board Road and Street Functj..or~~1 Classification as follows: "A" St. S.E. from south city limits to East"'l~Iain St., Auburn Ave. from East ldain 5t. to Auburn Way North and Az:T~ urn Way North from Auburn Ave. to the north city limits from MAJOR Arterial "to SECONDARY Arterial. Also for East l4ain Street from Auburn Ave. to Auburn Way North from SECONDARY Arterial to COLLECTOR Arterial. It was moved by Lea, seconded by Larson, that the City Attorney be instructed to draw up the necessary Resolution to encompass the above. PROCLAMATIONS, APPOINTMENTS AND ANNOUNCEMENTS MOTION CARRIED Mayor Kersey requested the Council to study the informationgiven to them regarding the Puget Sound Council of Governments and be prepared to make recommendations to him at the next Council Meeting. -12- '1 ~~6 AUBURN, WASHINGTON _ MONDAY FEBRUARY 2, 1976 COUNCIL COMMITTEE REPORTS BUILDING COMMITTEE - CHAIRMAN ROEGNER Chairman Roegner announced that the next Building Committee Meeting will be held at 7:30 P.M., February 9, 1976, in the Council Conference Room. AI.~ZPORT COMMITTEE - CHAIRMAN KITCHELL .r Chairman Kitchell stated the Airport Committee wf~l be discussing applications for the Airport Manager Postion, at their meeting of Feb~°uary 3, 1976. UTILITY COMMITTEE -CHAIRMAN CRAIG °^ The Utility Committee met at 7:30 P.M. on January 27, 1976. Chairman Craig reported on the Committee Meeting and the Minutes are a matter of Public Record. on file in the City Clerk's Office. The next Utility Committee Meeting w.i11 be held aft 7:30 PoM. on February 5, 1976..' PLANNING & BEAUTIFICATION COMMITTEE - CHAIRMAN CARSON Chairman Larson announced that the next Planning & Beautification Committee Meeting will be held at 7:30 P.M., February 10, 1976. PUBLIC SAFETY COMMITTEE MEETING - CHAIRMAN ANDERSON Chairman Anderson announced that the next Public Safety Committee Meeting will be held at 7:30 P.M., February 11,.1976, in the Council Chambers. ° FINANCE COMMITTEE - CHAIRMAN FLECHSIG ~I The Finance Committee met at 7:30 P..M. on January 29, 1976. Chairman Flechsig reported on the Committee Meeting and the Minutes are a matter of Public-Record on file in the City Clerk's Office. The Committee discussed and recommends that the Director of Finance be authorized to make investments of amounts, as well as other monies., received during~,>-the month of February. 1 It was moved by Flechsig, seconded by Kitchell, that the Director of Finance ~e a.uthorized to make investments of amounts, as well as other monies.,. received during the month of February. ~` ;~~ ROLL CALL VOTE: A11 Councilmen voting YES. MOTION-.CARRIED ,t The Committee discussed and recommends that the City Clerk be authorized toCa11 for Bids on 1976 Legal Publications. It was moved by F1ec~sig, seconded by Kitchell, that the City Clerk be authorized to Ca11 for Bids for 1976 Legal Publications. 'MOTION CARRIED The Committee discussed and recommends approval of the issuance of Inter Fund Loans. It was moved by Flechsig, seconded by Lea, that the issuance of Inter Fund Loans be approved as follows: From the Water Fund to the Water Reservoir Fund - $10,000.00; from the Water Fund to the LID.~287 Construction Fund - $27,000.00; from the Fire R & P Fund to the LID 287 Construction Fund - $2,400.00 and from the Water Fund to the Water Reservoir Fund - $2,000.00. ROLL CALL VOTE: A11 Councilmen voting YES. MOTION CARRIED _ The Committee discussed and recommends approval of the progress payment for King County Housing Authority. It was moved by Flechsig, seconded by .Larson, that payment be approved on the billing for the progress payment for King County Housing Authority for work completed on Community Development Repair Demolition Program, in the amount of $7,637.39. ROLL CALL VOTE: A11 Councilmen voting YES. -13- MOTION CARRIED .,, • ^ A AUBURN, WASHINGTON MONDAY FEBRUARY 2, 1976 The Committee discussed the resignation of a member of the Police Department. It was moved by Flechsig, seconded by Lea, that authority be given to fill the position in the Police Department. MOTION CARRIED STREET COMMITTEE - CHAIRMAN LEA The Street Committee met at 7:30 P.M. on January 21, 1976. Chairman Lea reported on the Committee Meeting and the Minutes are a matter of Public Record on file in the City Clerk`s Office. Chairman Lea announced that the next Street Committee Meeting will be held at 7:30 P.M., February 4, 1976, in the Public Works Department. OLD BUSINESS No action was taken on Ordinance No. 2896 pertaining to codification of ordinances. (This ordinance was introduced only on July 16, 1975) ORDINANCES AND RESOLUTIONS ORDINANCE NO. 3043 ~;, It was moved by Craig, seconded by Larson, that Ordinance No. 3043 entitled "AN r- ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING SUB SECTION (8) OF AUBURN ~'"'+ CODIFIED CITY ORDINANCE 4.10.240 (ORDINANCE NO. 2897 --JULY 7, 1975) ALTERING THE ~ CHARGES FOR COLLECTION OF GARBAGE FOR RESIDENTIAL OR COMMERCIAL GARBAGE COLLECTION." ~~ be introduced and adopted. ROLL CALL VOTE: AZ1 Councilmen voting YES. MOTION CARRIED ORDINANCE N0. 3044 It was moved by Craig, seconded by Kitchell, that Ordinance No. 3044 entitled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, ADDING TWO NEW SECTIONS TO CHAPTER 4.10 OF THE CODIFIED ORDINANCES OF THE CITY OF AUBURN, (PERTAINING TO GARBAGE COLLECTION AND RATES) TO BE KNOWN A5 ORDINANCE 4.10.265 (TEMPORARY SERVICE CONTAINER USE CHARGE IN LIEU OF RENTAL) AND 4.10.266 (SCHEDULE OF CHARGES FOR SERVICE NOT PROVIDED FOR PER CONTRACT WITH R.S.T. DISPOSAL, INC. -- HOURLY CHARGE AND SPECIAL REQUESTED SERVICES)." be introduced and adopted. ROLL CALL VOTE: A11 Councilmen voting YES. ORDINANCE NO. 3045 MOTION CARRIED It was moved by Larson, seconded by Flechsig, that Ordinance No. 3045 entitled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, REQUIRING THAT UPON THE EFFECTIVE DATE OF THIS ORDINANCE, ALL INTEREST ACCUMULATING ON FUNDS IN THE WATER/SEWER CONSTRUCTION FUND (NO. 440) OF THE CITY OF AUBURN, SHALL BE AUTOMATICALLY TRANSFERRED TO THE ACCOUNT OF THE WATER/SEWER OPERATION FUND N0. 430." be introduced and adopted. ROLL CALL VOTE: AZ1 Councilmen voting YES. MOTION CARRIED ORDINANCE N0. 3046 It was moved by Craig, seconded by Lea, that Ordinance No. 3046 entitled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING THE FIRST PARAGRAPH OF AUBURN CODIFIED CITY ORDINANCE 10.08.330 REGARDING DELINQUENT PAYMENTS AND COLLECTIONS FOR WATER BILLS." be introduced and adopted. ROLL CALL VOTE: A11 Councilmen voting YES. MOTION CARRIED ORDINANCE N0. 3047 It was moved by Larson, seconded by Lea, that Ordinance No. 3047 entitled "AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 4 OF AUBURN CITY ORDINANCES 2593 (PASSED NOVEMBER 1, 1971), 2607 (PASSED DECEMBER 20, 1971), 2643 (PASSED JUNE 19, 1972), 2613 (PASSED SEPTEMBER 5, 1972), 2700 (PASSED JANUARY 2, 1973) and 2838 (PASSED SEPTEMBER 16, 1974) CREATING LOCAL IMPROVEMENT DISTRICTS 265, 266, 271, 274, 276 and 285.~~ -14- ~8 AUBURN, WASHINGTON MONDAY I•'I73RIIhkY 1, I `17fi be .introduced and adopted. ROLL CALL VOTE: A11 Councilmen voting YES. MOTION CARRIL:D RESOLUTION NO. 707 It was moved by Craig, seconded by Kitchell, that Resolution No. 707 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE 1'~?AYOFZ AND CITY CLERK OF THE CITY OF AUBURN, TO ENTER INTO A LETTER AGREEMENT FOR REVIS:iONS AND UPDATING OF COMPREHENSIVE WATER PLAN FOR THE CITY OF AUBURN WITH STEVENS, THOMPSON AND RUNYAN, INC." be adopted. ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIED VOUCHER APPROVAL LIST It was moved by Flechsig, seconded by Lea, that the Voucher Approval List dated January 20, 1976, including $4,389,019.08 in pre-payments and $43,740.29, for a total of $4,432,759.37, be approved. (This list will close 1975) ROLL CALL VOTE: All Councilmen voting YES. MOTION CARRIF,D It was moved by Flechsig, seconded by Craig, that the Voucher Approval List dated January 31, 1976, including $3,375,109.05 in pre-payment and $57,158.39, for a total of $3,432,267.44, be approved. ROLL CALL VOTE: All Councilmen voting YES. MISCELLANEOUS BUSINESS MOTION CARRIED Councilman Craig stated he got a copy of the minutes from the Downtown Community Development Committee and is a bit concerned that the Committee may be planning to use the $10,000 allocated to their committee, through the Community Block Grant Program, in a different manner than was discussed by the Council and he wants to be sure that the money will be used strictly for improvement of the public right-of-way area. He stated he is concerned because several committees are getting involved and he would like to see them all working toward the same goals and not branching out in different directions. Councilman Roegner pointed out that the Downtown Community Development Committee is a joint meeting with the City and Chamber. He also stated that as a member of the Bui.Zding Committee, he attends those meetings and he would encourage other Councilmen to attend when possible. There being no further business to come before the Council, Mayor Kersey adjourned the meeting at 10:45 P.M. Mayor Kersey announced that the Council will be going directly into an Executive Workshop Session for the purpose of discussing positions within the City and not discussing personnel or individuals. He noted that real estate may also be discussed. The Mayor asked the City Attorney and Director of Finance to join them. APPROV D THIS 3RD DAY OF FEBRUARY, 1976. MAYOR /'~ .i ~~~~ , i