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HomeMy WebLinkAbout09-19-1994 c\tyor ~."jÅ Auburn ~ q$J,in~~ CITY OF AUBURN COUNCIL MEETING MINUTES September 19, 1994 I. CALL TO ORDER A. FlaS! Salute Mayor Booth called the meeting to order at 7:30 p.m. and led those in attendance in the pledge of allegiance. B. Roll Call Those in attendance included Mayor Booth and Members of the Auburn City Council as follows: Burns, Wagner, Haugen, Borden, Barber, Brothers and Kurle. Staff members present included Police Chief Dave Purdy, Fire Chief Bob Johnson, Parks and Recreation Director Len Chapman, Planning Director Paul Krauss, Public Works Director Frank Currie, Acting City Attorney Mike Reynolds, Finance Director Vie Thompson, Senior Planner Lynn Rued, City Clerk Robin Wohlhueter, and Deputy City Clerk Gayle Butcher. C. Announcements and Aooointments 1. Announcements a. EmDlovee of the Year for 1993 Mayor Booth recognized City of Auburn Maintenance Worker Mike Browne as Employee of the Year for 1993. Mayor Booth stated Mr. Browne is unable to attend the Council meeting this evening, but he will personally present the plaque to Mr. Brown tomorrow. Showing the plaque to the audience, Mayor Booth stated Mr. Browne is deserving of this award, and noted many of the positive attributes of Mr. Browne which earned him the honor of becoming Employee of the Year for 1993. b. Ooen Houses Planning Director Paul Krauss was asked by Mayor Booth to announce upcoming open houses for all citizens of Auburn to attend. Planning Director Krauss noted on September 27, 1994 the Planning Commission will solicit public comment on the Commuter Rail Station Siting Study and draft amendments to the Comprehensive Plan from 5:00 p.m. to 8:00 p.m. in the Council Chambers of City Hall, and on October 4, 1994 there will be a Planning Commission public hearing on the draft amendments on the Comprehensive Plan. 2. Aooointments There were no appointments to be considered this evening. AUBURN CITY COUNCIL MINUTES Page NO.2 September 19, 1994 D. A2enda Modifications Agenda modifications include Agenda Item IV.D, a request to advertise for a request for proposal regarding a telephone system upgrade, Agenda Items VI.A, which transmits additional agenda bill pages and attachments, and VI.B which removes council consideration of Condition 8.k.4 of Ordinance No. 4649. II. CITIZEN INPUT. PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearin2s There were no public hearings this evening. B. Audience Particioation A3.6.4.1 Mayor Booth said he received a phone call from Mr. Mike Bocatch. Mr. Bocatch is ill today, and he asked Mayor Booth to relay his citizen's concern that indigents are sitting on benches near Safeway. Mayor Booth invited citizens in the audience to make any comments or suggestions they wished to bring to the attention of the City Council. Linda Caverlv. 135 15th Street S. E.. Auburn Ms. Caverly stated discontent with the Public Works Committee and city planner for allowing public works projects on all major arterials within the city right now. She believes city staff exhibited incompetence in bidding street projects whieh would occur at the same time. She believes the street construction activity has impaired emergency response times for police officers and firefighters. Laurie Rodarte. 223 15th Street S.E.. Auburn Ms. Rodarte askéd her daughter to stand with her. Ms. Rodarte requested her daughter take off her sunglasses so that Councilmembers could see her black eye. Ms. Rodarte told the Councilmembers her daughter had been attacked by a group of youths at 17th Street S. E. at 1:00 a.m. this past weekend. Her daughter's injuries are from being kieked, punched, and hit with a glass bottle. Not only does her daughter have a black eye, but she also required stitches, has a concussion, and a swollen jaw. Ms. Rodarte does not understand why the streets of Auburn are not safe for her daughter. She has spoken with the Police Chief and the Mayor. She stated she has also attempted to contact her Legislators, but her calls have not been returned. She is asking the Auburn City Council to use their positions as elected officials to lobby the state Legislature to change the juvenile laws. Ms. Rodarte stated she has no parental rights in the event her child decides to disobey. Ms. Rodarte stated one of her daughter's attackers has been in and out of Juvenile Hall, is known by police offieers, and has recently been accused of attacking a person with a knife. She believes the City Council has more influence with the state Legislature than an every-day citizen. A UBURN CITY COUNCIL MINUTES Page No. 3 September 19, 1994 Councilmember Haugen thanked Ms. Rodarte for coming before the Council. She asked Ms. Rodarte for her opinion of a curfew law in the city of Auburn. Ms. Rodarte stated she felt the city needed one. She also noted that she has no insurance, and she has indicated to Mayor Booth that she is presenting him with the bill for medical treatment. Councilmember Haugen asked Ms. Rodarte if an aid car from the city of Auburn was on the scene. Ms. Rodarte confirmed that the Auburn Fire Department aid car responded and transported her daughter to the hospital for treatment. Councilmember Brothers requested verifieation of her daughter's age and day of the attack. Ms. Rodarte responded her daughter is 15, and was out on a Saturday evening without her permission. However, she believes her daughter was on a public street with a friend, minding their own business when they were attacked. Councilmember Brothers inquired as to what they were doing. Ms. Rodarte's daughter responded they were just walking around minding their own business and did nothing to provoke an attack. She confirmed for Councilmember Brothers there were 5 juveniles who attacked her, and she does know them. The daughter also stated it does not appear as if anyone in authority is looking for them. Mayor Booth requested Ms. Rodarte and her daughter speak with Police Chief Purdy. Ms. Rodarte indieated she's also spoken with the school distriet, but if it took a police officer to transport her daughter to and from school, she would demand that serviee in order to keep her daughter safe. Ms. Rodarte added she does not feel it is safe for adults to be walking the streets in Auburn either. Councilmember Haugen requested a clarification of the location of the attack. Ms. Rodarte responded that it is at "F" and 17th Street S.E. near the Church of Latter Day Saints parking lot. Councilmember Barber stated she agreed with Ms. Rodarte there was a need for the Legislature to change juvenile laws. Councilmember Barber believes a curfew law is needed but she has been advised this type of law would have difficulty being upheld in the event of a court challenge. She will continue to do her part to express the concerns of the Auburn citizens on to the Legislature. Councilmember Brothers asked whether a complaint was filed, and Ms. Rodarte confirmed she has filed two assault complaints. She further noted for Councilmembers the attackers have been suspended from school, and they may be transient in their living arrangements. Councilmember Haugen stated she supports Councilmember Barber's desire to enact a curfew law in Auburn. Councilmember Brothers stated the Auburn City Council does more than most jurisdictions in authorizing police officer positions. He stated he's concerned with what happened. Councilmember Brothers stated the young woman certainly did not deserve to be attacked, but he also noted that streets in any city at 1 :00 a.m. are not appropriate places for 15-year-ol<;i girls. Ms. Rodarte agreed. She stated that had she known her A UBURN CITY COUNCIL MINUTES Page No.4 September 19, 1994 daughter was out she would have taken care of it. However, Ms. Rodarte emphasized her daughter did not deserve to be attacked. She also indicated that a curfew would help give her the power to control her daughter. Councilmember Brothers thanked Ms. Rodarte for coming, and he encouraged her to continue talking with Chief Purdy and the City Attorney. Councilmember Borden thanked Ms. Rodarte for coming and stated she will consider initiating a curfew. But, she believes Ms. Rodarte also needs to become involved with the Legislature to help change juvenile laws. Councilmember Haugen also encouraged Ms. Rodarte to continue a dialog with Auburn School Distriet officials. Ms. Haugen indicated that the city and the distriet were beginning to work with each other on some issues, and maybe Ms. Rodarte could be part of this process by sharing her concerns. Mayor Booth stated he certainly respects Ms. Rodarte's willingness to come before the Council, and he believes the Council will continue to work with the Legislature and look for a curfew that's enforceable. Cindv Caverlv. 135 15th Street S. E.. Auburn Ms. Caverly stated that one of Ms. Rodarte's daughter's attackers also attacked her during the month of January, 1994 at around 7:00 p.m. She expressed concern with the King County Juvenile Prosecutors Offiee in handling her case. She does not believe a curfew will address the attacks. Councilmember Brothers expressed his concern that the same perpetrator was assaulting young women in Auburn. He asked whether Chief Purdy was aware of the specific individual, and whether all avenues are being approached to this individual. Chief Purdy responded that the department has concluded its investigation, and the case remains with King County. Chief Purdy also indieated his department is appropriately investigating this recent attack. Councilmember Haugen asked if her attack was in the same area as Ms. Rodarte's daughter's. Ms. Caverly indicated it was on 17th Street S. E. by Holy Family Church. Councilmember Haugen asked if this area was of particular concern to the Police Department. Chief Purdy responded there are many calls for assistance in the area, many of whieh are domestie-type calls. Councilmember Brothers asked Chief Purdy to present an update on each of the cases presented this evening at the next Municipal Serviees Committee. Councilmember Haugen asked whether any prosecuting attorney updates could be presented. Mayor Booth responded the cases are handled by the King County office, and that juvenile records are confidential. Councilmember Wagner complimented Ms. Rodarte for her presentation. Councilmember Wagner also stated he could appreciate her concern, and he shared that his teen-age daughter had been attacked in the same area a few months ago. He stated A UBURN CITY COUNCIL MINUTES Page No. 5 September 19, 1994 he has not been updated by the prosecuting office with regard to his daughter's case. Councilmember Wagner concurs this area is a concern whieh must be addressed. Jolene Rodarte. 223 15th St. S.E.. Auburn Ms. Rodarte stated if the leader of the gang was taken off the street, the problem would go away. She believes this person has made all residents in the area afraid, including adults. She also stated she was screaming and no one would respond to her cries for help because they were afraid. Acting City Attorney Reynolds explained the difficulty in the juvenile section of the criminal justice system. He believed when the state decided juvenile cases would be handled at the county level many years ago, there was no anticipation of the volume of cases we are experiencing today. He stated this issue needs to addressed at the state level. Mike Lobliner. 304 15th St. S. E.. Auburn Mr. Lobliner stated that residents of the area know the perpetrator, and people are afraid. He wants more prosecutors hired. Mayor Booth stated that local authorities are not able to dictate to King County offieials. But, Auburn officials will do all they can to continue to resolve the issue of juvenile violence and justice issues. Councilmember Barber acknowledged local authorities have a responsibility to communicate with the Legislators, but she urged each constituent to write letters and call their state Legislature with their concerns. She believes everyone needs to do their share to change the laws. Mayor Booth stated he would be willing to personally deliver letters to the legislators. Councilmember Haugen asked if persons attending this evening's meeting and who have stated their names and addresses would like to receive Legislative information. She also stated that she understood how fear can affect all ages. Councilmember Haugen also obtained an affirmative response from Mr. Lobliner that he would like to see more police presence in the neighborhood. Councilmember Borden suggested and stated she would be willing to form a group of citizens to approach Olympia and present their concerns. Councilmember Brothers noted the 1995 budget requests are now being reviewed by the Council. He stated at the next Municipal Services meeting he will be asking the Chief and the Committee to discuss a proactive approach to this problem in order to develop a solution. Mr. Lobliner suggested Councilmembers should visit this neighborhood in casual clothes at various times to see for themselves what is going on. Councilmember Haugen stated she would be more than happy to visit any neighborhood in the city at any time day or night. A UBURN CITY COUNCIL MINUTES Page No.6 September 19, 1994 Christina Crassrack. 1422 B Street S. E.. Auburn She recently moved here and she's already had two run-ins with the perpetrator mentioned this evening. She expressed how afraid she is of him. An2ela Pa2e. 2901 Auburn Wav South. Auburn Ms. Page stated she understood the problems expressed here tonight are not unique to Auburn. But, the juvenile and domestie problems have really increased during the past five years. She would like to see more information on curfew laws. Acting City Attorney explained some of the problems with a curfew law revolve around age discrimination. Ms. Page stated that juveniles under the age of 18 are able to run the streets, carry weapons and drugs, but they can't vote. She stated violent juvenile issues must be addressed. Dorothv Frve. 1420 Auburn Wav South. Auburn Ms. Frye stated she feels the juvenile point system is a problem, and that first time offenders should be appropriately incarcerated. Ms. Frye also wants to beautify the city of Auburn. She presented pictures of the flowers she has planted. She is asking the city to install a water pipe for the property where she's planting the flowers. Ms. Frye stated she has planted the flowers and watered the plants at her own expense. She hauls water to the property, and she believes the City should provide her with a water pipe. Councilmember Borden asked if the property was close to Ms. Frye's residence. Ms. Frye confirmed that it was, and it was near the South Fire Station. Councilmember Haugen commended Ms. Frye for her beautification efforts. She stated she would support some water access consideration. Mayor Booth expressed his appreciation to Cindy and Jolene for speaking up and assured them the City will do what it can. Carrev Earl. 537 37th Street S. E.. Auburn Mr. Earl stated he is a retired Navy investigator. Last Saturday he called the Auburn Police Department to request to speak to a narcotics officer because of what appeared to be drug activity occurring in his apartment complex. Mr. Earl stated he worked in law enforcement in the Navy, so he fully understood that the narcoties officers were not available. But, he asked the police receptionist to please contact a narcoties officer and have the officer call him. The receptionist would not agree to this request, and Mr. Earl is questioning the response. Chief Purdy will investigate, and he then will follow-up with Mr. Earl. Dave Watson. 603 37th Street S. E.. Auburn Mr. Watson stated he was before the Council to defend his citizen rights and to state an appeal with regard to easement negotiations for his property. Mr. Watson relayed the history of the property. He stated when the mobile home park project was begun in 1979 and necessary water and sewer lines needed to be installed, it was discovered he AUBURN CITY COUNCIL MINUTES Page No. 7 September 19, 1994 owned half the pavement in front of his home. Mr. Watson did not want to pay taxes on this portion of his property, so he signed a quit claim deed to the city. Mr. Watson stated the City asked for an easement, but since he had just completed his yard landscaping, he did not want to grant an easement. Mr. Watson noted he had rejected the first agreement because an easement had been included. He also stated during the utility construction project, extensive damage was done to his property. Approximately two years ago, a local improvement distriet process for his property area began, and he attended all the meetings. Mr. Watson informed the Council that he advised City staff during some of these meetings that his property did not have an easement, and possibly other properties in the area also did not have easements. It was Mr. Watson's understanding that Jack Locke, Engineering Division, for the City of Auburn had researched the easement concerns. Mr. Watson said he met with City staff during January or February of this year in an attempt to resolve his easement concern. Mr. Watson was referred to Bill Baumgrass of the Engineering staff after it appeared the prints did not reflect a lack of easement to his property. Mr. Baumgrass indicated the City may have to claim a portion of Mr. Watson's property by adverse possession. Some time later, Puget Power and the City needed to meet at Mr. Watson's property because blueprints were not matching up for curb line markings. Mr. Watson indieated it took approximately two months to receive a reply to his request asking for resolution to his easement concerns. Mr. Watson received a letter from Acting City Attorney Mike Reynolds indieating the City will make a claim for adverse possession, and Mr. Watson is disputing that. Mr. Watson relayed a description of various confrontations this summer with U. S. West employees who were attempting to bury a communieations vault on his property, with city surveyors, City Engineer Dennis Dowdy, and with the contractor and city construction coordinator. Mr. Watson stated he and his attorney met with City staff about a month ago to negotiate a settlement. Mr. Watson believes that he has made many efforts to resolve his easement concerns, and he is disappointed in the proposed action by the City. Mr. Watson also expressed his concerns with the damages done to his driveway when work was done to the street, and he believes it was done with intent. Councilmember Borden stated she had voted against the local improvement distriet project, and what was before the Council this evening was an eminent domain issue with regard to Mr. Watson's property. She asked Mr. Watson why he believed the City did not have an easement, and why Mr. Watson believed his property was different than other property on 37th Street in terms of how it should be treated. Mr. Watson responded that the mobile home park and the apartment complex projects on either side of him were not allowed to start unless they met City criteria, which included easements. Mr. Watson's quit claim deed did not grant an easement, it only gave the City the street pavement. Councilmember Borden asked Mr. Watson what he wanted from the City, i.e., is he requesting the local improvement distriet project go around his property? Mr. Watson reiterated his concerns of a breakdown in communieations and a fair market value for his property. Councilmember Borden clarified Mr. Watson was asking for A UBURN CITY COUNCIL MINUTES Page No.8 September 19, 1994 payment of the easement and for the City to admit error in not having an easement; Mr. Watson agreed. Mr. Watson also read a portion of a letter dated September 12, 1994 he had received from Mike Reynolds indieating the City could not agree to a $12,000 settlement, and City concerns of Mr. Watson's refusal to give right of entry to the City's contractor, which may cause added construction expense. Councilmember Kurle asked for confirmation whether or not the City had made a monetary offer for his property. Mr. Watson indicated that was correct, but a monetary agreement has not been reached. Councilmember Kurle asked Mr. Watson to please state what he wanted. Mr. Watson stated he wanted the Councilmembers to see the situation. Councilmember Kurle indicated it appears both sides are unable to reach agreement and maybe it will take a higher authority to resolve the concern. Councilmember Kurle stated his appreciation for Mr. Watson's presentation. Mr. Watson added that there was very little negotiation, and he stated additional concerns with the local improvement assessments. Councilmember Haugen asked whether the City had right of way when water and sewer construction was done in approximately 1979. Mr. Watson stated he had refused to give the City any more than just the pavement. Mr. Watson also confirmed for Councilmember Haugen that his landscape damage had been fixed by the City even though he was not totally pleased. Councilmember Haugen asked City staff, when did the City know there was no right of way. Acting City Attorney Reynolds responded that up until May of this year, the City's position was the right of way was not necessary because of the adverse possession argument which Mr. Watson enunciated. Acting City Attorney Mike Reynolds explained the confusion over the property description in the area, and explained the basis for his recommendation to proceed with a court decision. Acting City Attorney Reynolds also stated he is concerned with Mr. Watson's statements with regard to his driveway damage. Mr. Reynolds stated the instructions to the contractor was to provide for adequate ingress/egress for motor vehicles without high centering. Mr. Reynolds believes the City is proceeding in an orderly manner. At the moment, there will be no entry to Mr. Watson's property without court authorization. Councilmember Haugen again asked how long the City knew it did not have right-of- way. Acting City Attorney Mike Reynolds stated the City believed it had right away up until about June this year when the property owner placed personal property in front of the contractor's equipment. Mr. Reynolds further explained a right-of-way, which adds to a currently used roadway, is determined by whatever is designated as a normal width within a munieipality, whieh is normally 60-feet. Mr. Reynolds reiterated his decision to pursue an orderly court process after the confrontation between contractor and citizen had occurred in June of this year. He noted this action also preserves both arguments. Councilmember Haugen asked Director Currie how wide 37th Street S. E. will be upon completion. Director Currie stated the road is 32-feet plus 8-foot sidewalks, and some places may be wider for turns. Councilmember Haugen asked about speed limits for 37th Street S. E., and Director Currie responded he thought it may be 30 m.p.h. Councilmember Haugen also asked for confirmation that there was a monetary offer and counter-offer concern, and Mayor Booth provided confirmation. AUBURN CITY COUNCIL MINUTES Page No. 9 September 19, 1994 Mr. Watson thanked Mayor Booth and the Council for their time. Linda Caverlv. 135 15th Street S. E.. Auburn Ms. Caverly stated her concerns with some Councilmembers asking Mr. Watson what he wanted. She offered an apology to Mr. Watson for her tax dollars creating a burden and a problem for him for many years. Debbie Trott. 220 D Street S.E.. Auburn Ms. Trott is speaking tonight to share the experience her husband, Steve, and she had a couple of years ago with regard to remodeling their home, whieh was built in 1913. She stated because of their time-consuming variance process, she had requested the Planning staff to consider amending the codes so that citizens who had older homes did not have to share the same experience. Ms. Trott was pleased to have been invited to attend the Planning Commission meeting of September 7, 1994 which considered amending the Zoning Code related to older single-family homes that may have substandard lot size, lot width or lot depth. She indieated many of the older homes in Auburn are considered non-conforming lots in the current Zoning Code, and this status makes remodeling diffieult. Ms. Trott states she feels Auburn has lost a lot of its architectural heritage because we have no historical building code. She believes some of the language in the proposed Zoning Code amendments before the Council this evening would nullify action in developing a historic preservation code. She's concerned that the amendments deal with lot size coverage, which was the issue for variance diffieulties with her 1913 home remodeling project, and does not contain some of the language she believes will benefit historie homes. Ms. Trott stated she believes the Zoning Code amendments will not assist persons who have older garages that sit directly on a property line in an alley and who want to rebuild a garage on the same spot. She requests the language "grandfathering" be somewhere in the amendments, and that the amendments are subject to discretionary interpretation. Ms. Trott requests the text be written for greater understanding of the requirements to the average citizen Ms. Trott stated Auburn needs a Historic Preservation Code. Councilmember Wagner complimented Ms. Trott for remaining concerned and a part of the process related to older single-family homes in Auburn. Councilmember Wagner stated the older single-family homes are important to him, too. He believes Senior Planner Lynn Rued has made a conscientious effort to address the issue. Councilmember Wagner read Item J of 18.54-3 of the proposed amendments. He stated this amendment addresses the concern of accessory structures being replaced. Councilmember Wagner stated this amendment allows persons to rebuild on the same footprint, and he complimented Mr. Rued for the amendment language. Senior Planner Lynn Rued stated Councilmember Wagner was correct regarding the intent of the language. He further indicated that nonconforming is a universal term. It indieates the existing use was built under regulations whieh are not applicable by today's A UBURN CITY COUNCIL MINUTES Page No. 10 September 19, 1994 standards. He explained if one has a nonconforming building, it can be replaced with this amendment. Ms. Trott indieated the amendment doesn't completely resolve her concerns. She described an older garage with a vehicle entrance off the street, and she questions whether the setback formulas are resolved under proposed Zoning Code Amendment Item J. Councilmember Brothers stated he, too, interprets the amendments as Ms. Trott, and he knows Councilmember Wagner is an advocate of non-conforming and historieal housing, but he thought there would be a proposal for historical housing. Mr. Rued noted in the review with the Planning & Community Development Committee, discussion was held whether it should be historical preservation or add flexibility to older homes. It was decided to first address older homes, and then do a more comprehensive historical code at a later date. Ms. Trott asked for confirmation that the amendments would not nullify the need for historical home preservation. Councilmember Burns stated he was the Chair of the Planning and Community Development Committee. He believes the records of the Committee will show that the purpose of the amendment is to allow people to replace their existing structures, even though they may be in a position of nonconformance. Councilmember Burns believes the amendments will do what Ms. Trott would like to see done as well as the wishes of the Council. He also stated he would like to clarify the term "historical preservation". Councilmember Burns explained "historical preservation" statutes under state and federal law severely limits the ability to change the property, i.e., one cannot modernize the property unless it is consistent with the original historical building. Auburn's amendment will allow older structures in the community to bring their structures up to modern standards, if they want, and within the consistency of the neighborhood rather than city standards. Councilmember Burns emphasized the amendment has the effect of preserving the historical nature of the neighborhood, but doesn't necessarily preserve the historical character of each and every building. He doesn't believe most residents of older neighborhoods want to be limited in their remodeling. Ms. Trott indicated the only reason she was using the term "historical preservation" is that was the only way they were able to secure their variance. She read portions of a letter her attorney had sent to her dated May 29, 1992. She also indicated at the September 7, 1994 Planning Commission meeting, she left with the impression that the amendment nullified the need to consider historic homes, and that is why she is before the Council this evening. Councilmember Haugen asked Acting City Attorney Mike Reynolds a hypothetical question, if an owner of an older building that is being used for storage and sits 18" from the property line, could the owner tear down and rebuild the building. Acting City Attorney Mike Reynolds responded that they could. He also indieated he believes the amendment accomplishes what Mr. and Mrs. Trott wanted to accomplish A UBURN CITY COUNCIL MINUTES Page No. 11 September 19, 1994 with the type of project they had. He also noted that Councilmember Burns correctly summarized the historie preservation statutes. He indieated that some of the buildings downtown would not be able to be modernized if they were designated under historic preservation statutes. Acting City Attorney Reynolds feels the amendment actually encourages preservation of existing structures in town and allows the type of remodeling done by Mr. and Mrs. Trott as well as some of the downtown business remodels. Ms. Trott stated she would like to see the City encourage their citizens in their older neighborhoods to value those older neighborhoods, to see them as playing a part in Auburn's history, and to not let them run down, but to see them as something special. Councilmember Kurle expressed interest in some of the rooms remodeled in Mr. and Mrs. Trott's home since their home was his boyhood home. Councilmember Kurle was pleased. Councilmember Haugen stated she was pleased with the amendment, and she thanks the Trotts for their help in amending this code. Mayor Booth thanked Mr. and Mrs. Trott and called for a five-minute recess at 9:40 p.m. Mayor Booth reconvened the Council meeting at 9:50 pm. Preston Minor. 537 37th Street S.E.. Auburn Mr. Minor said he had overheard his parents stating the Fire Department was using money to get computers instead of fire equipment, and he is concerned. Chief Johnson explained that he is requesting some money for the 1995 budget be for computers. Mr. Minor stated he wanted the Fire Department to have equipment to fight two-story building fires rather than computers. Chief Johnson invited Mr. Minor to visit the Fire Station, meet with the firefighters, and see the emergency equipment. Chief Johnson assured Mr. Minor that emergency equipment could accommodate two-story buildings. Mayor Booth thank Mr. Minor for attending the Council meeting this evening. Councilmembers Brothers and Haugen complimented Preston's parents and congratulated Preston for his skill in public speaking. Brian Jones. 537 37th Street S. E.. Auburn Mr. Jones expressed concern the new school construction on 37th Street S. E. has not been completed, and construction debris continues to present a parking problem for apartment residents. Mr. Jones indieated he has experienced a Fire Marshal asking him to move his parked vehiele from an unmarked fire line. Chief Johnson responded the Fire Department will make a visit to the complex and make sure fire lanes are properly marked. Mr. Jones also asked what was an adequate response time for police officers in Auburn. Chief Purdy indicated a response time depended upon the four different types of call classification; for instance, a loss of life situation may average 3-minutes. Mr. Jones indicated residents in his apartment complex had numerous occasions to call for help and AUBURN CITY COUNCIL MINUTES Page No. 12 September 19, 1994 the response time was 45-minutes. Chief Purdy inquired if Mr. Jones knew the nature of the call, and Mr. Jones stated domestie violence, loud music, and traffic concerns. Mr. Jones then questioned Chief Purdy on shift schedules and the police vehicle fleet, which Chief Purdy answered. Councilmember Haugen directed her comments to Chief Johnson. She stated she shares concerns for the 37th Street S. E. apartment dwellers regarding parking problems, and debris could present a problem for the Fire Department in the event of a fire. Councilmember Brothers agreed construction debris should be removed from parking spaces, but he also understands the construction is a temporary situation. Councilmember Haugen noted she is concerned because of the work stoppage situation. Public Works Director stated there were a number of items not completed on the project, and he will have appropriate staff look into the situation. Mr. Jones ended his comments with a statement of opposition that the speed limit would be raised on 37th Street S.E. He understands that the street will be posted at 35 m.p.h., and he does not feel that is appropriate for an area that has so many young children. Sue Minor. 537 37th Street S. E.. Auburn Ms. Minor stated her apartment complex is losing parking stalls due to the sidewalks and curbing. Public Works Director Frank Currie responded he would have staff investigate. Councilmember Haugen stated to Director Currie she is very concerned about the construction impacts to the apartment dwellers, and she would like to see a report from Director Currie with the results of his investigation. There were no further requests for audience partieipation. C. Corresoondence There were no correspondence agenda items. III. COUNCIL COMMITTEE REPORTS A. MuniciDal Services A3.6.4.4 Chair Brothers reported the Municipal Services Committee met this evening at 4:30 p.m. Chair Brothers noted the Committee heard an update to concerns on 0 Street N.E., and he was pleased to report the concerns are under control. The Committee reviewed proposed 1995 budgets for Police and Fire Departments. The next Municipal Services meeting will be Monday, October 3, 1994 at 4:30 p.m. A UBURN CITY COUNCIL MINUTES Page No. 13 September 19, 1994 B. Plannin2 & Communitv Develooment A3.6.4.4 Chair Burns reported the Planning and Community Development Committee met on Monday, September 12, 1994 at 7:30 p.m. and the minutes are of public record. Chair Burns requests Council support of his Committee's items found on this evening's agenda. The next regularly scheduled meeting of the Planning and Community Development Committee will be held on September 26, 1994 at 7:30 p.m. C. Public Works A3.6.4.4 Chair Wagner reported the Public Works Committee met on September 8, 1994 at 5:30 p.m. and discussed the proposal on the supermall contract and requested support of the Pacific Northwest Rail Corridor Passenger Service Objectives. The next meeting of the Public Works Committee is scheduled for Monday, September 26, 1994 at 5:30 p.m. D. Finance A.3.6.4.4 Chair Barber reported the Finance Committee met today at 7:00 p.m. and discussed Ordinance Nos. 4701 and 4702, Resolution No. 2557 and claims and payroll vouchers. The next meeting of the Finance Committee is scheduled for Monday, October 3, 1994 at 7:00 p.m. IV. CONSENT AGENDA A. Minutes 1. Minutes of the September 6, 1994 regular Council meeting. B. Vouchers F4.9.2, F4.9.5 1. Claim numbers 95212 through 95573 in the amount of $2,234,463.99 and dated September 19, 1994. 2. Payroll numbers 208051 through 208596 in the amount of $846,732.26 covering the period 9/2/94 to 9/9/94. C. Utilitv Bill Ad iustment F4.5.2 Recommend approval of utility adjustments to accounts No. 1.43.1170 in the amount of $6,076.02, No. 4.19.0210 in the amount of $7,419.95, and No. 3.61.1290 in the amount of $380.97. D. Call to Advertise A2.5.6 Request City Council authorization to advertise a request for proposal for telephone system upgrade. Motion by Councilmember Kurle, second by Councilmember Burns, to approve Consent Agenda Items IV.A-C plus Item D as presented under agenda modifications. A UBURN CITY COUNCIL MINUTES Page No. 14 September 19, 1994 Councilmember Wagner requested an explanation on the agenda bill which requests Council approval to advertise for a telephone system upgrade. Acting City Attorney responded that the agenda bill contains a typographical error, and that the telephone system upgrade will go out as a request for proposal since it is considered for professional serviees. MOTION CARRIED UNANIMOUSLY. 7-0. V. UNFINISHED BUSINESS - None. VI. NEW BUSINESS A. Aoolication No. MIS0013-94ZC 03.4.2.1.2 Council consideration to amend the Zoning Code related to older single-family homes that may have substandard lot size, lot width or lot depth and to signs and to day care. Motion by Councilmember Burns, second by Councilmember Borden, to approve the proposed amendments to the Zoning Ordinance and to instruct the City Attorney to prepare the necessary ordinance. Councilmember Brothers asked why lot sizes, signs, and day care amendments were grouped together, i.e., was there any correlation among these amendment items to each other. Senior Planner Lynn Rued responded it was more efficient to conduct one public hearing for multiple zoning code amendments, and he noted the public hearing has been conducted. The day care amendment brings the Auburn Code into compliance with state law. The Auburn Code limits day care residential homes to six children and the state law now allows 12. Councilmember Kurle inquired whether Auburn Codes could be more restrictive than state law. Mr. Rued responded the City would not have the right to limit residential day cares to less than 12. Councilmember Kurle asked if the City Council would receive updated Zoning Code copies, and Mr. Rued responded with an affirmative. MOTION CARRIED UNANIMOUSLY. 7-0. B. Ordinance No. 4649 03.8 REZ0009-90 The request of Supermall representatives to waive Condition #8.k.3 of Ordinance No. 4649 to allow 10 Foot width of landscaping prior to occupancy of the remainder of Phase I of the SuperMall. Councilmember Burns requested clarification on language contained on the agenda modifications with regard to Ordinance No. 4649. Mr. Rued responded that in the agenda packet contains language "8.k.3 and 4" and condition 4 does not need to be changed. The agenda modification is indicating only review of 8.k.3. AUBURN CITY COUNCIL MINUTES Page No. 15 September 19, 1994 Motion by Councilmember Burns, second by Councilmember Barber, to amend Ordinance No. 4649 as presented under agenda modifieations. Councilmember Haugen expressed concern that the waiver might affect persons who might use the urban trail. Planning Director Krauss explained that the Supermall will perform on all their conditions, but not by the opening of the Incredible Universe. Mr. Krauss does not believe there will be a problem with the urban trail since there is no active construction in the trail area. Councilmember Brothers requested a summary on the reduction in landscape width in condition #8.k.3. Acting City Attorney Mike Reynolds explained the width does not change, it's the date of construction which is delayed. MOTION CARRIED UNANIMOUSLY. 7-0. VII. ORDINANCES AND RESOLUTIONS A. Ordinances Acting City Attorney Mike Reynolds read the title to each ordinance. 1. Ordinance No. 4700 03.10.1 CUP0003-94 An Ordinance of the city of Auburn, Washington, providing for a conditional use permit to allow the construction of a five unit multi-family development on property zoned R-3 (Duplex) located at 4021 Auburn Way South, within the city of Auburn. Motion by Councilmember Burns, second by Councilmember Haugen, to introduce and adopt Ordinance No. 4700. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Ordinance No. 4701 A3.13.4 Acting City Attorney Mike Reynolds noted Ordinance No. 4701 is the ordinance that Mr. Watson commented on during audience partieipation. An Ordinance of the city of Auburn, Washington, authorizing the acquisition of certain property and property rights by eminent domain providing for the payment thereof; authorizing the City Attorney to prepare a petition for condemnation in the superior court in and for the county of King and for the prosecution thereof of the acquisition of such property and property rights for roadway purpose (right-of-way on 37th Street S.E., (A Street-M Street) Street Improvement No. 277). Councilmember Barber stated she appreciated Mr. Watson's concerns and she believes the only fair solution is to introduce and adopt Ordinance No. 4701. AUBURN CITY COUNCIL MINUTES Page No. 16 September 19, 1994 Motion by Councilmember Barber, second by Councilmember Brothers, to introduce and adopt Ordinance No. 4701. MOTION CARRIED. 6-1 with Councilmember Haugen voting no. 3. Ordinance No. 4702 03.13.4 An Ordinance of the city of Auburn, Washington, authorizing the acquisition of certain property and property rights by eminent domain providing for the payment thereof; authorizing the City Attorney to prepare a petition for condemnation in the superior court in and for the county of King and for the prosecution thereof for the acquisition of such property and property rights for roadway purposes (right-of-way and easements) on Auburn Way North (4th Street-15th Street) Street Improvement No. 288). Motion by Councilmember Barber, second by Councilmember Brothers, to introduce and adopt Ordinance No. 4702. Councilmember Haugen requested a landmark be identified so she could determine the location. Acting City Attorney noted it is just past 4th Street N. E., near the Buds & Blooms location on the west side of the road, and on the east side of the road, the parking lot near the Back Porch. MOTION CARRIED UNANIMOUSLY. 6-1 with Councilmember Haugen voting no. B. Resolutions Acting City Attorney Mike Reynolds read the titles to each resolution out loud. 1. Resolution No. 2553 A1.7 A Resolution of the City Council of the city of Auburn, Washington, expressing support for the Pacific Northwest Rail Corridor Passenger Serviee Objectives. Motion by Councilmember Wagner, second by Councilmember Kurle to adopt Resolution No. 2553. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Resolution No. 2554 04.9.1 PR 522, A5.2.5 A Resolution of the City Council of the city of Auburn, Washington, authorizing the Mayor and City Clerk to enter into an agreement for artwork with Garth Edwards to provide artwork located at the downtown pedestrian plaza. Motion by Councilmember Burns, second by Councilmember Barber, to introduce and adopt Resolution No. 2554. A UBURN CITY COUNCIL MINUTES Page No. 17 September 19, 1994 Councilmember Wagner stated he is supportive of art projects within the city, but he does not feel he can support this art project. He indicated the investment by the City through General Fund and Enterprise Funds as well as Federal Grant monies is substantial for the Downtown Pedestrian Plaza. Councilmember Wagner noted this project has reached the maximum financial support he can support and does not feel comfortable incorporating the art costs into this project. Councilmember Brothers concurs with Councilmember Wagner's thoughts on the project. Councilmember Brothers noted this project would be a tremendous enhancement to the downtown area even without the art. He believes he would be able to support art at a later date, but with the budget constraints for this project, he does not believe this expenditure is in the best interests of the City. Councilmember Haugen stated she concurs with Council members Brothers and Wagner. She believes, too, it is an added expense. Councilmember Borden stated it was her understanding that $30,000 came out of the Arts Commission budget. She further noted the City had entrusted members of the Arts Commission to make recommendations for public art. Mayor Booth requested Parks & Recreation Director Len Chapman to say a few words. Director Chapman confirmed there is $30,000 in the General Fund Arts Commission budget. He noted some of the Arts Commission members are in the audience this evening, and he believed they would be able to answer some of the Council's questions as to why they chose this project. Director Chapman stated placing the art in the Downtown Pedestrian Mall makes sense because the project is underway and becomes an integral part of the Mall. Some of the essential parts of the Pedestrian Mall, such as the bollards and tree grates, have become part of the art project. The bollards and tree grates are still necessary items in the construction of the Pedestrian Mall. These necessary items are paid for through the construction fund and not the arts budget. The art project includes a story pole, tree guards which symbolize people standing on either side of the trees, and a kiosk whieh would advertise activities within the city of Auburn. Councilmember Barber stated she wants to be proud of downtown Auburn and she believes the art project will contribute to all citizens as well as the downtown core when the Supermall is completed. She also stated a lot of thought had gone into this project to tie it in to Auburn. She stated the money is budgeted for art, and she would like to see this project go forward. Councilmember Burns commented he understands the fiscal concerns for this project, but he believes it is necessary to keep in mind that this project is being built in the community's center core. The City's parades, street fairs, and lots of community activities occur in downtown. While the project has many utilitarian aspects, there is also an aesthetic value to be considered. Councilmember Burns believes we should take the opportunity to add a considerable aesthetic AUBURN CITY COUNCIL MINUTES Page No. 18 September 19, 1994 improvement to the core area of our community as we have done with the Centennial Mural on the side of Wagner Hobby Shop, the landscaping and B Street Project. Councilmember Haugen requested clarification on figures of the project. She reviewed the information before her indicating $30,000 came from the Arts Commission budget, but she also notes an extra $26,000 into this item. She stated she loves art, but she believes the City needs additional police officers and firefighters. Councilmember Haugen stated she cannot support an additional $26,000 for the arts project. Councilmember Brothers stated he agreed with Councilmember Haugen. Councilmember Borden noted that the Downtown Pedestrian Mall Project needs tree grates and bollards for $26,000, only they won't look as nice without the artwork. She believes a lot of money has been spent on this project, and we have an opportunity to make the project look good rather than okay for a little more money. Councilmember Brothers suggested that there was nothing more attractive than a tree, and a tree didn't need to be dressed up with associated art. Councilmember Haugen stated she does not believe we need to spend $26,000 right now. Councilmember Borden asked for Councilmember Haugen to clarify whether her statement means agreement to spend $30,000. Councilmember Haugen said it was her understanding $30,000 is already appropriated for art projects, and she believes it is okay to spend it. She noted $9,200 will be charged to the Main Street Improvement budget. Director Chapman noted the fabrication of the bollards and tree grates will have to be done whether or not there is Council approval for the arts project. Bollards along B Street are necessary to keep vehicles off the sidewalk, and the tree grates are necessary for the opening for the trees in the sidewalk. The tree grate pattern is for a mold that will be used for future tree grates. Councilmember Wagner noted this was a budget issue and not an art issue. He is concerned about spending more on the functional improvements than had been originally budgeted. He asked Public Works Director Currie for an estimate on what the grant expectations were. Director Currie noted the department was under a short time frame to respond to the enhancement project, and he briefly explained the grant formulas. Councilmember Wagner further stated he believes we have done enough financially for the core area right now. Councilmember Haugen asked Director Currie why the scope of this project has changed. Director Currie stated the intent of what we wanted to do remained the same, but what was submitted on the grant was underestimated, whieh results AUBURN CITY COUNCIL MINUTES Page No. 19 September 19, 1994 in higher cost. Councilmember Haugen inquired whether the plans got bigger after application of the grant. Director Currie explained the project became more detailed and became more costly. Mayor Booth recognized Arts Commission Member Lynn Norman. Lvnn Norman. 120 East Main Street. Auburn Ms. Norman explained she is also a part of a sub-committee of the Arts Commission known as Art in Public Places. She explained the sub-committee meets to determine possible sites within the city for artwork. The recommendation for the Downtown Pedestrian Mall art proposal was made because construction was underway and the art project would be much higher if done after construction of the Downtown Pedestrian Mall. She feels the artwork enhances the whole city, not just downtown. She believes that construction improvements are different than public art appropriations. She feels that the impact of art is essential to the city, and that this particular artwork is a golden opportunity. Councilmember Barber expressed her feeling that what is before the Council is approval for artwork, not additional construction costs. The agreement is for artwork to go into a current construction project. She believes by trying to save $30,000, the Downtown Pedestrian Mall finished product may result in being mediocre. Councilmember Kurle doesn't feel the Downtown Pedestrian Mall is a mediocre project and that all the Council is considering is $30,000 from the General Fund. He appreciates Councilmember Wagner's expression of fiscal concerns. Councilmember Kurle does not feel the appropriation should go back into the General Fund; he believes the appropriated art funds should be spent. Councilmember Wagner questioned Director Currie on what was expected to be spent on the project. Director Currie explained the grant had to be submitted with speed because of the short time frame to submit the grant application. Director Currie noted the variety of formulas available in matching grants, and if the scope of the project changes, as this particular project did, the grant remains the same. Councilmember Wagner noted this explanation confirmed his opinion that the Council expected to invest $100,000 in General Fund monies in downtown, we are now investing $300,000, and the Council is now being asked to add another $58,000 to the project. He believes it is time to halt the expenses. Councilmember Wagner added a concern that we should be looking at other sites within the city, such as the new high school or Supermall, as he feels the investment in downtown is substantial. Councilmember Barber respectfully disagrees with the suggestion of placing city art at a school location, and she believes the plans for the Supermall are lovely. She reiterated her belief that the $30,000 has been budgeted, and she would like to see it spent on this project. AUBURN CITY COUNCIL MINUTES Page No. 20 September 19, 1994 Councilmember Haugen doesn't feel the Council is being asked to return $30,000 to the General Fund. She reminded Councilmembers to keep in mind there is a concern of some businesses within the core area of Auburn being asked to participate in an Association, and she's concerned about the amount of money being spent for the artwork. Mayor Booth called on Lynn Norman to address the Council. Ms. Norman noted there is a sculpture near the new high school which was placed last year, and that the Arts Commission attempts to place art in various sites within the city. She further noted it has been several years since a major piece of artwork has placed, and she feels this piece will draw people from all over the city to view it. Councilmember Wagner questioned when the Mural on the hobby store wall was done. Ms. Norman confirmed the Mural was an Arts Commission project, and it was done in 1989 as part of a grant from the King County Centennial Commission. Councilmember Borden noted that it makes sense to put art in places where the most people will see it, and she can't think of a better place than downtown for the people of Auburn to enjoy. Mayor Booth called on Auburn Arts Commissioner Dr. Herman Ansingh to speak. Dr. Herman Ansin2h. 909 5th N. E.. Auburn Dr. Ansingh stated this artwork was truly a golden opportunity to use appropriated monies, and he also pointed out it took nine months for the artwork plan. He doesn't believe there are any regrets for the statue placed at City Hall, Viewpoint Park, or Roegner Park. Councilmember Brothers stated that $30,000 was budgeted for 1994, but he is asking if the Council is being asked for another $28,000. Director Chapman explained $30,000 is budgeted and the $28,000 will go for required construction elements. The tree grates and bollards are built into the construction costs of the Downtown Pedestrian Mall. The $9,200 is for the molds for the tree grates, and this amount does not come out of the $30,000 art project. Councilmember Haugen reminded her colleagues that the City has recently acquired Olson Canyon and there are other parks which might be considered for artwork. Mayor Booth recognized Art Commissioner Paul Dodsworth. Paul Dodsworth. 20 I Street N. E.. Auburn He is the chair of the Art in Public Places sub-committee. committee met many times to determine ideas for art that may and cost effective. He stated members take their volunteer He noted the be appropriate positions very AUBURN CITY COUNCIL MINUTES Page No. 21 September 19, 1994 seriously, and the members are concerned how Auburn looks, including the entrances, signs, etc. He noted if the Arts Commission $30,000 appropriation is not spent this year, it is returned to the General Fund. The art projects are recommended on a yearly basis. Councilmember Haugen stated she is considering this project seriously, and she does support the expenditure of $30,000; it is the additional $26,000 which is her concern. Councilmember Wagner thanked the Arts Commission for their great work. He still is concerned with the fiscal investment being made in downtown. He noted the recent Burlington Northern Bridge project is considered an entrance into downtown, and that the Bridge was built with hangers to accept art at a future date. In his view, this is another investment in art in the downtown area in addition to the Mural and City Hall sculpture. He believes it is time to place artwork somewhere else. He suggested if the 1994 funds could not be spent this year, the Council should consider appropriating $60,000 for next year. Councilmember Wagner reiterated his concern is the amount of money being spent on this downtown project. Councilmember Brothers stated he believes all members of the Council appreciate the efforts of the Arts Commission on behalf of the city. He values the Arts Commission serviee, but realistieally, the Council must consider the needs of 15- year-old girls who are being beaten. He feels $30,000 will help with the cost of a police offieer. Councilmember Brothers stated he wasn't voting against the Arts Commission, but rather is in a position of making tough budgetary decisions. He feels when the City is in a better position to invest in public art, the Council will act accordingly. He also feels the City has invested an enormous amount of money for the downtown area the past 8 years. Councilmember Borden appreciated Councilmember Brothers concerns. She does not believe $30,000 will support a police officer for very long. Councilmember Burns stated that the art request is approximately less than 5% of the cost of the project and probably less than 1 % of the General Fund budget. This appropriation is not a long-time commitment, such as a computer position which would cost $50,000 per year. Councilmember Burns stated this is a one- time expense that will have a long-term benefieial interest on the downtown community. He hears an inference that downtown might mean downtown businesses. He believes downtown is the center of our community for all citizens. Councilmember Burns has seen the drawings for the art and it looked wonderful. He believes the artwork has been debated this evening, and he respectfully asks the Mayor to call for a vote since there is a motion on the floor. Mayor Booth called for the vote. MOTION CARRIED 4-3. Mayor Booth called for a show of hands. Councilmembers voting yes were: Burns, Borden Barber and Kurle. Councilmembers voting no were: Haugen, Brothers, and Wagner. A UBURN CITY COUNCIL MINUTES Page No. 22 September 19, 1994 3. Resolution No. 2555 05.1 A Resolution of the city of Auburn, Washington, setting forth policy considerations and procedures relating to the naming of public park property and facilities. Motion by Councilmember Burns, second by Councilmember Haugen to introduce and adopt Resolution No. 2555. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Resolution No. 2557 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Finance Director to make declaration of official intent on behalf of the City of Auburn as may be necessary or appropriate from time to time for any purpose under, and in compliance with, the requirements of the Federal Reimbursement regulations. Motion by Councilmember Barber, second by Councilmember Brothers to introduce and adopt Resolution No. 2557. MOTION CARRIED UNANIMOUSLY. 7-0. VIII. MA YOR'S REPORT Mayor Booth noted that portions of Auburn Way South would be closed for the replacement of the old railroad bridge beginning October 3, 1994 until November 3, 1994. Mayor Booth also requested Councilmembers to advise administration as soon as possible to budget goals and objectives for 1995. Councilmember Brothers indieated he had received the information last Friday and he needed a few more days to review before he could submit his recommendations. Councilmember Kurle indieated he thought the top ten goal items discussed two weeks ago could be confirmed. Councilmember Burns asked if the Finance Committee had reviewed the information. Councilmember Borden noted they had discussed the process. Finance Director noted the budget time line was October 25, 1994. Councilmember Burns would like to suggest a Finance Committee meeting review the material. It was the consensus of the Council to have a goal/budget presentation at the next Finance Committee meeting. Executive Session A1.3.3.2 Mayor Booth announced there would be a 30-minute Executive Session to discuss matters of personnel. The City Council meeting was recessed to Executive Session at 11:00 p.m. The City Council meeting was reconvened at 11:25 p.m. A UBURN CITY COUNCIL MINUTES Page No. 23 September 19, 1994 IX. ADJOURNMENT There being no further business to come before the Council, it was the consensus of the Council to adjourn the meeting at 11:25 p.m. ~~ Q, -~cX-i-R Charles A. Booth, Mayor ~ 94M9-19