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HomeMy WebLinkAbout09-02-1997 Council Mintues CITY OF AUBURN COUNCIL MEETING MINUTES September 2, 1997 7:30 p.m. I. CALL TO ORDER A. Flag Salute Mayor Booth called the meeting to order at 7:30 PM and led those in attendance in the Pledge of Allegiance. B. Roll Call Mayor Booth and the following members of the City Council were present: Rich Wagner, Sue Singer, Jeanne Barber, Trish Borden, Gene Cerino, and Stacey Brothers. Councilmember Fred Poe was excused. Staff members in attendance included: Parks and Recreation Director Dick Deal, Personnel Director Brenda Heinemann, Fire Chief Bob Johnson, Police Chief Dave Purdy, Finance Director Diane L. Supler, Public Works Director Frank Currie, Airport Manager John Anderson, Assistant Planning and Community Development Director Lynn Rued, Associate Planner Keith Nevin, Assistant City Attorney Judith Ausman, City Attorney Michael J. Reynolds, and City Clerk Robin Wohlhueter. C. Announcements and Appointments 1. Announcements a.) Proclamation Mayor Booth presented a proclamation honoring the "Auburn Little League All-stars Team". The Auburn Little League All-stars Team won the Little League State Championship in Lynnwood on Saturday, August 2, 1997, and placed 9th in the Western Regionals in San Bernadino, California. Members of the team included: Jeff Berryhill, Josh Bousman, Andy Chevalier, Erik Hagen, K.C. Herren, Matt Jenks, Page I City of Auburn Council Meeting Minutes September 2, 1997 Chirs Jergens, Chris Kuna, Matt Odman, Pace Pendleton, Joey Sahlin, Tyler Sandland, Sam Seafeldt, and Jesse Stover. Mayor Booth ~nalized his comments by recognizing not only the members of the All-stars Team, but also the support and contribution of the parents and families. 2. Appointments There were no appointments for review under this section. D. Agenda Modifications Mayor Booth presented the agenda modifications to the Council. The City Council Agenda was modified to reflect the following changes and additions: Council Agenda Item I.C.l.a, added a proclamation, II.A.1 transmitted additional information with regard to the proposed curfew ordinance, II.C.4. transmitted additional correspondence with regard to Application No. REZ0003-96, II.C.5, and II.C.6 transmitted additional correspondence with regard to the proposed curfew ordinance, VI.A. transmits pictures provided in the packet that my not have copied clearly, and VI.F is removed from the Council Agenda. City Clerk Robin Wohlhueter entered additional correspondence into the record that included a memo to Members of the Auburn City Council from Councilmember Sue Singer regarding the proposed curfew ordinance, a letter dated September 2, 1997 from Lynn Norman to Jeanne (Barber) regarding the proposed curfew ordinance, a letter dated September 2, 1997 from Michael and Patricia Morrisette to Councilwoman Barber regarding city curfew, and a letter dated September 10, 1996 to Council Member Jeanne Barber from Auburn Police Guild regarding teen curfew. I. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Proposed Curfew Ordinance O1.8 This public hearing is for the purpose of considering a proposed Juvenile Curfew and Parental Responsibility Ordinance for the protection of juveniles and the public and Page 2 City of Auburn Council Meeting Minutes September 2, 1997 for the reduction of juvenile crime. The proposed Ordinance establishes hours during which juveniles may not be in public places or on the premises of any establishment and provides defenses. Mayor Booth opened the public hearing. Due to the number of citizens wishing to submit comments, Mayor Booth requested that each participant limit his or her comments to approximately five minutes. Paul Nelson - 14 South Division, Auburn, WA. Referring to proposed curfew ordinance, Paul Nelson acknowledged it contents as being proposed for the reduction of juvenile crime. It is Mr. Nelson's understanding that juvenile crime occurs between 3:00 PM and 7:00 PM making this ordinance irrelevant. Mr. Nelson feels the ordinance is an infringement on civil rights and redundant. It is the parents responsibility to make sure their kids are in on time, not the State's. Mr. Nelson pointed out that state law already provides police the ability to take kids into custody late at night and return them to parental custody. Mr. Nelson read from the state law clarifying his point. Mr. Nelson further expressed concern with regard to the proposed ordinance in that it sends a message to kids that they cannot be trusted and turns kids to the defensive. Mr. Nelson feels the cost of implementing such an ordinance crimminalizes what is now legal behavior. Mr. Nelson recommended the city use the enforcement costs towards constructive teen activities during the hours of 3:00 PM and 7:00 PM such as the late night and after school programs. It is Mr. Nelson's hope that the proposed ordinance is not enacted. He indicated that the ACLU is watching carefully. Kerri Zanoni - 2405 R Street S.E., Auburn, WA Kerri Zanoni is a 12 year resident of Auburn. She is certified by the State of Washington as an Alcohol and Drug Information School Instructor and Chemical Dependency Counseling Intern; Ms. Zanoni sees the children who would benefit from adoption of a curfew ordinance in Auburn. Ms. Zanoni's clients range from 12 to 18 years of age and are in treatment due to behavior problems at school or have been Page 3 City of Auburn Council Meeting Minutes September 2, 1997 placed in treatment in lieu of serving time in a juvenile detention facility. Approximately 70% of the kids receiving treatment are from the juvenile justice system due crimes committed. Ms. Zanoni pointed out that many of her clients are out on the streets during the hours of 11:00 PM, 12:00 midnight, 1:00 AM, 2:00 AM, and 3:00 AM. Ms. Zanoni urged Council support of the proposed ordinance in order to give the parents another tool to legally keep their children home and to provide extra protection for kids.. Ms. Zanoni described a child who is testimony for the proposed curfew ordinance. Due to a bad homelife, this child is allowed to run the streets at all hours. This child has been kidnapped and held at gun point, beat to within an inch of his life, stabbed, and had a gun pulled on him over a jacket. These events all occurred after midnight. Melanie Lopez - 1508 22nd Street N.E., Auburn, WA Ms. Lopez has been a resident of Auburn since April. She explained that her name is familiar to Mayor Booth and members of the Auburn Police Department because she and her husband have complained constantly to City Hall about the disruption in her neighborhood. She lives across from Henry Dykstra Park where they have observed kids involved in drug activity, These same kids litter and tear up their yard, and wake them up in the middle of the night. The City has assisted them in providing police patrol, however, the group of kids have moved down the street to Isaac Evans Park. From here, Ms. Lopez reported they have even heard gunshots. Ms. Lopez questioned why the City does not enforce the State curfew law. Ms. Lopez explained that senior citizens are afraid to take a walk in the park. Ms. Lopez has seen kids in the park between the hours of 3:00 AM and 5:00 AM. Ms. Lopez urged the Council to do something about this kind of activity. Nancy Bergman - 2414 N Street N.E., Auburn, WA Ms. Bergman resides in the same neighborhood as Melanie Lopez. Ms. Bergman explained kids raid Isaac Evans Park between the hours of 11:00 AM and 4:00 AM. They drink, there is drug activity, and they are loud especially with the echo of the river. Ms. Bergman urged the Council to take Page 4 City of Auburn Council Meeting Minutes September 2, 1997 action to stop this activity. For the first time in 14 years Ms. Bergman has had to place a padlock on her gate because these kids have destroyed her grandchildren's toys, and ruined neighborhood lawns. Ms. Bergman indicated she calls 911 all the time. Ms. Bergman feels she and her neighbors have the right to be safe. Ms. Bergman urged Council to consider the curfew ordinance in Auburn. Virginia Haugen - 2503 R Street S.E., Auburn WA. Ms. Haugen explained that her mailbox has been destroyed on many occasions during day and night hours. Neighboring residents are aware of kids who have done this, however, there is nothing they can do. Ms. Haugen suggested when a Police Officer observes a couple of kids walking down the street with a baseball bat in their hands at 3:00 AM, that they question them. Ms. Haugen remembered a terrifying situation one evening late at night. She was turning the corner onto Main Street when a kid in a white tee-shirt suddenly appeared. On this same night in the same vicinity, Ms. Haugen counted 10 young people on bicycles without helmets. Ms. Haugen expressed concern over young children being allowed to walk the streets at night. She feels enforcing a curfew ordinance and the helmet law will benefit parents and kids. Mary Farden - 2005 M Street S.E., Auburn, WA Mary Farden announced that she has delivered newspapers in Auburn for 13 years. She's observed children on the street as young as seven year olds between the hours of 2:00 AM and 4:00 AM. Ms. Farden expressed concern o of the limited activities available to children during these hours. Ms. Farden supports a plan to help keep kids off the street with something constructive to do. Betty Aman - 204 Algona Blvd South, Algona, WA. Ms. Aman has been involved with community services in Auburn for a long time. Ms. Aman's mother, no longer living, used to live at Plaza 17 during the last two to three years. Ms. Aman's remembered her mother being afraid to go home late at night because of the dangerous activity that occurs in this area. Ms. Aman recommended the Council Page 5 City of Auburn Council Meeting Minutes September 2. 1997 pass a curfew that provides guidelines and enforcement provisions for the police officers to help parents in keeping children at home during late and early morning hours. Cyril Van Selus - Riverview Drive S.E., Auburn, WA Mr. Van Selus introduced himself as a person who has been involved with families and children in this community since 1947. He indicated during the 40's and 50's, grandparents, aunts and uncles were around, and fathers were living at home with their children. Today that isn't true. There are many single women trying to raise teenagers. After raising his family, Mr. Van Selus affirmed that it takes two to raise a youngster in this day and age. Mr. Van Selus reminisced when the ACLU decided they could assist citizens in how to live our life in this country. It was the 1960's. The ACLU decided they could better chose what disciplines citizens can and can't use. Mr. Van Selus further remembered it was also during this time when citizens did not to lock their doors and cars, and didn't have to worry about anyone breaking in to your home. In 1997, you worry about all of those things. Kids can be trusted as long as there is an authority and discipline in their lives. Parents need to make the decisions. Referring to the ACLU, Mr. Van Selus indicated that Auburn residents can handle their own kids if left alone. Mary Moon - 2720 Forest Ridge Drive Mary Moon supports the curfew ordinance because she feels the time has come and it's long overdue. Ms. Moon described three recent incidents that have effected her life where, perhaps a curfew may have had an effect. When returning home one evening, a teenage girl was sitting on their lawn. When asked what she was doing, she responded that she is thinking of a way to get even with the snobs in the neighborhood because they did not purchase a magazine from her. Mr. and Mrs. Moon offered this teenage girl a ride home, but she declined. It wasn't too long after this interaction that Mr. and Mrs. Moon noticed up to 100 kids in Rotary Park at all hours of the night partying. Gun shots were heard in a neighboring development. Page 6 City of Auburn Council Meeting Minutes September 2. 1997 The second incident occurred at 2:30 AM. Mrs. Moon reported that she was awakened by a helicopter hovering over her house. Someone had fallen off the bluff onto the riverbed. A young man was pronounced dead the next morning. Mrs. Moon explained that police patrol was increased after residents complained. Ms. Moon feels the kids have shifted to another area. Mrs. Moon commented upon the third incident. As a real estate agent, Mary Moon reported she sold a house in southeast Auburn. The prospective buyers backed out of the sale due to the number of kids parading in the streets late at night. Ms. Moon ~nalized her comments, by recommending support of a curfew ordinance in Auburn. She indicated that not all young people have responsible parents and not all young people have parents. Ms. Moon feels it is the community's responsibility to look out for these young people. Mrs. Moon recommended ways to keep them busy at home. Linda Sue Ectenal - 602 29th Street S.E. #16, Auburn, WA Ms. Ectenal expressed concern that the staff did not make a presentation with regard to curfew. Ms. Ectenal is a single parent of a 16 year old son. She considers it her responsibility to know where he is, who he's with, and why he's at where he's at. Ms. Ectenal does not feel it is the State's responsibility. Adopting a curfew will add another layer of rules. Ms. Ectenal does not believe you can legislate that kind of responsibility. Police already have the ability to arrest people that are drunk, disorderly, and destroying property. Nancy Bergman Ms. Bergman pointed out the address given in her prior testimony is the address where a drive by shooting occurred at 4:00 AM that almost killed a mother. Phillip Legg - 402 Warde Street, Algona, WA Phillip Legg is a Councilmember from the City of Algona. Algona has recently enacted a juvenile curfew. Mr. Legg Page 7 City of Auburn Council Meeting Minutes September 2, 1997 repoded the juvenile curfew is working. Assaults are down by 68% in the first quarter. There have been two incidents where the police had to return kids home, a first priority. Mr. Legg has found, with the enactment of the curfew ordinance in Algona, that parents have another tool to use in keeping their kids home. The Algona community is involved in keeping kids off the streets. Phillip Lopez - 1508 22nd Street N.E., Auburn, WA Mr. Lopez lives directly across from Dykstra Park where the footbridge provides access to Isaac Evans. Mr. Lopez explained he has witnessed distressful events that have gone on in the neighboring area. Mr. Lopez indicated it is common knowledge that he is the one that calls the police. Mr. Lopez explained that trust is earned. When he calls 911 he is told that calls are taken on a priority basis. There have been several occasions where police did not respond to his call. Mr. Lopez expressed concern of noise, drinking, littering, greups of 10-30 kids on bridge at all hours fighting, and gang markings within his neighborhood. Mr. Lopez requested foot and bike police patrols in Auburn parks. He further recommended adoption of a curfew ordinance to make kids and parents responsible for their actions. Damika Dinsmore -28915 N.E. 34th Court, Redmond, WA. Damika Dinsmore, Executive Director of the Northwest Spoken Word Lab, questioned how the City will make kids responsible for their activities and decisions if you tell them they don't have the choice to make that decision any longer. Ms. Dinsmore feels implementing a curfew ordinance communicates to parents that you don't trust them to parent their children. It communicates to kids that you don't trust them. Ms. Dinsmore expressed concern of the proposed curfew ordinance in that it would punish kids who are not creating illegal activities when there are laws in place to take care of illegal activities. At Northwest Spoken Word Lab kids are given opportunities for activities that are not destructive, but productive. They read and write poetry until 5:00 AM. Mr. Dinsmore suggested the community give kids more opportunities that create positive and healthy choices. Page 8 City of Auburn Council Meeting Minutes September 2, 1997 Scott Putman - 602 29th Street S.E. #16, Auburn, WA Scott Putman feels enactment of a curfew ordinance would infringe upon his civil rights. Mr. Putman urged the Council not to act on curfew ordinance. Phillip Lopez - 1508 22nd Street N.E., Auburn, WA Mr. Lopez reported that on the 4th of July pop bottle rockets were found on his roof, in the park, and in the river. Mr. Lopez observed kids shooting pop bottle rockets off the bridge into the river. Mr. Lopez urged the City Council to help these kids. Virginia Haugen - 2503 R Street S.E., Auburn, WA. Virginia Haugen thanked Jeanne Barber for her support of afternoon programs for kids. Motion by Member Barber, second by Member Borden to close the public hearing. MOTION CARRIED UNANIMOUSLY. 6-0. City Attorney Michael J. Reynolds reported that Assistant City Attorney Judith A. Ausman has done a tremendous amount of work on this ordinance. The City Council has conducted workshops in development of a proposed ordinance which is presented to the Council this evening. Mr. Reynolds commended the City of Tacoma for lending one of their City Attorneys to us who was instrumental in the enactment of the Tacoma curfew ordinance. In developing the proposed ordinance, Mr. Reynolds reported statistics and findings surrounding the development and the successful enactment of Tacoma's curfew ordinance were presented to the Auburn City Council. Judith A. Ausman red rafted the ordinance as the Council review and discussed various court cases and statistical information with the Council. It was the decision of the Council to take this matter further which resulted in tonight's public hearing on the proposed curfew ordinance. Mr. Reynolds commended those citizens who submitted public testimony this evening. The testimony given this Page 9 City of Auburn Council Meeting Minutes September 2, 1997 evening will be used to outline the issues that stand on all sides of the proposed curfew ordinance. The Auburn City Council will consider the testimony given this evening, and at its next regular meeting, September 15, 1997, a final draft of the proposed curfew ordinance will be presented that will include suggested findings of fact. Mr. Reynolds requested the Council review this information in advance and inform the Legal Department of any recommended changes. Councilmember Barber requested the Council study the matter further at its September 15, 1997 meeting with action anticipated at the first meeting in October. There was a consensus among members of the Council to move forward with the timeframe proposed in review of a curfew ordinance. Mayor Booth announced the first Council meeting in October is October 6, 1997. Mr. Reynolds further recommended Council review the proposed findings of fact that appear at the beginning of the ordinance and referenced as "whereas". Any corrections or changes, based upon the testimony given this evening and information previously received, please inform the Legal Department. Mayor Booth, on behalf of the City Council, thanked everyone who submitted testimony this evening. B. Audience Participation Fred Stevens - 311 J Street N.E., Auburn, WA Mr. Stevens has been a resident of Auburn for over fifty years. He has lived at 311 J Street N.E. since 1947. Over the years, Mr. Stevens explained that the school has expanded, and kids have acquired more automobiles. Mr. Stevens expressed concern of students parking their cars in his neighborhood every day of the week. Mr. Stevens reported there is ample school parking facilities available, however, students chose to park on J Street NE because it is a closer walk to the high school for them. Mr. Stevens explained neighboring residents proposed a residential parking only limitation to the Public Works Committee. This was not accomplished and an alternate proposal was submitted to limit the parking to 1/2 hour at certain periods of the day. The second Page 10 City of Auburn Council Meeting Minutes September 2, t 997 proposal did not include a provision to exempt residences from the 1/2 hour limitation. It was suggested that property owners and residents residing on J Street be issued a parking permit. The Public Works Committee would not allow residences to have a parking permit. The residents question why they cannot park in front of their own houses. Mr. Stevens explained that he cannot see when backing out of his driveway because of the number of cars parked in front of his house. Mr. Stevens urged the Mayor to review the neighborhood parking issues and concerns. Public Works Director Frank Currie responded to Mr. Stevens' request for parking restrictions on J Street N.E. Mr. Currie indicated there appears to be some confusion as a result of the Public Works Committee meeting and the meeting held with the neighborhood as to whether or not residents would be excused from the parking restriction. Mr. Currie distributed a design map of J Street NE, and noted the green dots represent those people who attended our public meeting, and the orange dots are those people who have contacted Mr. Currie since the last Public Works Committee. The intent of the proposed ordinance (Ordinance No. 5017) is to impose parking restrictions on a trial basis, and staff will continue to look into residential parking only. There are a number of ordinances being reviewed by staff at this time. Mr. Currie concluded that the neighborhood is not interested in imposing parking restrictions at this time. Mr. Stevens commented that neighboring residents met prior to the meeting where a decision was made that no residential parking permits would be issued. Mr. Stevens reported that placement of the signs is an important issue. C. Correspondence 1. Letter addressed to Councilmember Trish Borden from Liz Carrasquero of Nextel Communications dated August 20, 1997 regarding proposed code amendment for wireless communications facilities. 2. Letter addressed to Councilmember Trish Borden from Cydly L. Smith, Zoning Supervisor for Western Wireless, dated August 26, 1997 regarding amendments to the Page 11 City of Auburn Council Meeting Minutes September 2, t997 Auburn Zoning Ordinance regulating wireless communications facilities. 3. Letter addressed to City of Auburn Mayor and City Council from John W. Hunt for AirTouch Cellular dated August 27, 1997 regarding proposed ordinance for wireless communication facilities. 4. A memo to Members of the Auburn City Council from Councilmember Sue Singer regarding the proposed curfew ordinance. (No date is reflected on the memo). 5. A letter dated September 2, 1997 from Lynn Norman to Jeanne (Barber) regarding the proposed curfew ordinance. 6. A letter dated September 2, 1997 from Michael and Patricia Morrisette to Councilwoman Barber regarding city curfew. 7. A letter dated September 10, 1996 to Council Member Jeanne Barber from Auburn Police Guild regarding teen curfew. II. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Brothers reported the Municipal Services Committee did not meet today as regularly scheduled. The next regular scheduled meeting is Monday, September 15, 1997 at 4:30 PM. Chair Brothers requested that the presentation by King County Animal Control be moved forward to the October 6, 1997 meeting. B. Planning & Community Development Councilmember Borden reported the Planning & Community Development Committee met on August 25, 1997. Two public hearings were held with regard to a sewer certificate and an extensive public hearing on the Millcreek Special Area Management Plan (SAMP). Other issues discussed included the neighborhood family center contract and a resolution authorizing a contract with DSHS with regard to development disabilities. The next meeting of the Planning & Community Development Committee is scheduled for September 22, 1997 at 7:30 PM. Page q2 City of Auburn Council Meeting Minutes September 2, 1997 C. Public Works Councilmember Wagner reported that the last meeting was held on August 25, 1997. Items discussed at this meeting included an Interlocal Agreement with the Port of Seattle, the J Street parking ordinance which will be pulled from the agenda tonight, a proposed ordinance to temporarily change the B Street Transit Hub traffic flow, a new traffic signal at C Street SW entering GSA, Interlocal Agreement with Covington and King County Water District 111, and street lighting in potential annexation areas currently outside city boundaries. The next meeting the Public Works Committee is scheduled for September 8, 1997 at 5:00 PM. D. Finance Councilmember Barber reported the Public Works Committee met today at 6:30 PM. Discussion centered around the City's Technology Plan, Ordinance No. 5012, Ordinance No. 5013, and claims and payroll vouchers. The next meeting of the Finance Committee will be September 15, 1997 at 7:00 PM. III. CONSENT AGENDA A. Minutes 1. Minutes of the August 11, 1997 special Council meeting. 2. Minutes of the August 18, 1997 special Council meeting. 3. Minutes of the August 18, 1997 regular Council meeting. B. Vouchers F4.9.2,F4.9.5 1. Claims Claims check numbers 125888 through 126236 in the amount of $2,165,521.22 for Period 08 and dated September 2, 1997. Check numbers 125897 through 125900 are void. 2. Payroll Payroll check numbers 240805 to 241108 in the amount of $720,695.70 and electronic deposit transmissions in the amount of $442,810.74 for a grand total of $1,163,506.44 for the pay period covering August 12, 1997 to August 22, 1997 are approved for payment this 2nd day of September, 1997. Page 13 City of Auburn Council Meeting Minutes September 2, 1997 C. Call for Hearing 1. 1998 Budget F3.12 City Council to call for a public hearing to be held on September 15, 1997 to receive citizen comments and suggestions for development of the 1998 Budget. Motion by Member Barber to adopt the Consent Agenda, as modified. The motion was seconded by Member Brothers. MOTION CARRIED UNANIMOUSLY. 6-0. IV. UNFINISHED BUSINESS V. NEW BUSINESS A. Application No. ZOA0001-97 O3.10.9, O3.4.2.1.2 City Council consideration of proposed amendments to Chapters 18.04 and 18.48 of the City of Auburn Zoning Code regarding the siting of wireless communications facilities. Keith Nevin responded to Councilmember Borden's request for review of the correspondence recently received by Airtouch Cellular. Mr. Nevin indicated staff reviewed both letters from Airtouch Cellular and Western Wireless. Staff is proposing one modification to Section 18.48.070 of the proposed amendments to allow up to an 18" encroachment into the setback which will allow for a wall mounted panel antenna rather than roof mounting. Mr. Nevin read Section 18.48.070, Yard Section Development Standards, to read, "The following may project from a building into a required yard setback:", adding wireless communications facilities into the list. A question was raised by Councilmember Borden with regard to co- location. Mr. Nevin explained the proposed amendments require the providers or property owner to sign a non exclusive lease with the first communication provider on site. This will not preclude co- location at that site. Staffs concern is the first lease agreement between a property owner and wireless provider, if the lease were Page 14 City of Auburn Council Meeting Minutes September 2. 1997 to include an exclusive lease, then that would preclude any co- location. Mr. Nevin's commented that the City is not in a position of requiring co-location or any tools to ensure co-location, but simply to keep the doors open. Councilmember Cerino questioned if Section 18.04.912(G)(3) of the draft Wireless Communications Facilities (WCF) Definitions, would preclude second provider if the first provider entrant installed microcells within 300 feet throughout the City in order to reach its customers, Mr. Nevin explained the co location concept is primarily for free standing monopole or lattice towers that are from 60 to 100 feet tall. The microcell concept is an antenna that is place on a light pole or at some other part of the infrastructure. The 300 foot separation was developed primarily for residential areas to provide for a separation that is more aesthetically pleasing. Mr. Nevin noted that staff will readdress the ordinance if they find there is a need to address more than one provider within residential areas. Councilmember Cerino raised another concern with regard to placement of the antenna to ensure its stability. Mr. Rued responded that a building permit is required to erect the antennas that will meet certain specifications of the building code that already exists. Councilmember Wagner questioned if the Agreement the City signed with Metricom is consistent with the proposed provisions. Mr. Rued explained Metricom's Agreement is consistent with provision of the Agreement entered into regardless of what is adopted tonight. Councilmember Singer expressed concern of requiring placement of the antennas in the center of the roof. This may not be the best way to minimize aesthetics of the tower. Mr, Nevin directed attention to the proposed 18.48.100(D)(3), Siting Standards, that addresses the concern of technical requirements of siting an antenna. Motion by Member Borden, second by Member Wagner to approve the amendments to Chapters 18.04 and 18.48 of the Zoning Ordinance regarding Wireless Communications Facilities; and to instruct the City Attorney to prepare the necessary Ordinance. Page 15 City of Auburn Council Meeting Minutes September 2, 1997 MOTION CARRIED UNANIMOUSLY. 6-0. B. Application No. PLT0001-94 03.5 City Council to consider the request of Centex Real Estate Corporation for final plat approval of 17 lot single family subdivision located within Riverwalk, Division 4, located south of Howard Road, in Auburn. Motion by Member Borden, second by Member Singer to approve the final plat of Riverwalk, Division 4. MOTION CARRIED. 5-1 with Councilmember Wagner voting no. Please refer to Council Agenda Item VII. A. 1 for further action on this item. C. Application No. PLT0001-94 03.5 City Council to consider the request of Centex Real Estate Corporation for final plat approval of 53-1ot single family subdivision located within Riverwalk, Division 5, located south of Howard Road in Auburn. Motion by Member Borden, second by Member Singer to approve the final plat for Riverwalk, Division 5. MOTION CARRIED. 5-1 with Councilmember Wager voting no. Please refer to Council Agenda Item VII. A.2 for further action on this item. D. Application No. MIN0001-96 O3.10.3 City Council to consider the request of M.A. Segale, Inc. for a surface mining permit to allow for the excavation of a 410 acre parcel of land located east of Kersey Way and south of the Stuck River. Motion by Member Borden, second by Member Barber to approve the surface mining permit base upon the Hearing Examiner's Page 16 City of Auburn Council Meeting Minutes September 2, 1997 Findings of Fact, Conclusions and Conditions, and to instruct the City Attorney to prepare the necessary Ordinance. Under discussion, Councilmember Cerino referred to the wording with regard to a financial burden. Mr. Rued explained the wording is taken from the existing policies from the Comprehensive Plan. MOTION CARRIED UNANIMOUSLY. 6-0. E. Application No. REZ0001-97 03.8 Council consideration of the request of Frary Breckenridge to rezone property located at 2610 Hemlock Street SE from existing RR, Rural Residential, zoning to R-3, Duplex. Motion by Councilmember Borden, second by Councilmember Wagner to approve the rezone based upon the Hearing Examiner's Findings of Fact, Conclusions and Conditions, and to instruct the City Attorney to prepare the necessary Ordinance. MOTION CARRIED UNANIMOUSLY. 6-0. F. Application No. RE70003-96 03.8 City Council to consider the request of Shirley Tichenal and Monte Adams to rezone a 6.82 acre site on property located east of Hemlock SE (if extended) and north of the Stuck River from RR, Rural Residential, to R-3, Duplex. This item was removed from the agenda. G. Option to Purchase Real Property 04.4.9, A3.13.4 City Council to consider a purchase option agreement between the City and Valley Centre I, L.L.C. to acquire a 3.0 acre parcel of land, 59' wide and approximately 2200' long, located adjacent to the Auburn Municipal Airport. Motion by Member Borden, second by Member Barber to approve the purchase option agreement, and adopt Resolution No. 2869. Page 17 City of Auburn Council Meeting Minutes September 2. 1997 Under discussion Councilmember Cerino questioned what makes the 59' wide strip of land so valuable. Mr. Rued responded that the City obtained an appraisal on the property which determined fair market value based on comparable properties. The property was valued at $4.15 per square foot for a total of $550,000. Mayor Booth mentioned that the easement did impact the development rights of the property owner reducing usage of the property. Airport Manager, John Anderson, reported the original plans of the developer included the 59' strip of land. The City is buying the property to comply with FAA safety requirements. Councilmember Brothers requested clarification on property ownership responsibility. Mr. Anderson indicated its the City's obligation to take responsibility for ownership of the land. Mr. Anderson further explained that the City is trying to purchase this land to meet a FAA location and height requirement to bring the airport into compliance with FAA safety standards. In order to do that, FAA required the City purchase a 59' foot strip of land to ensure an obstacle flee area surrounding the airport. Mike Reynolds explained this issue surfaced as a result of an application for development of the property owned by Valley Centre ILLC. Development of the property included structures that could, under the zoning code, build into what was clear zone, a non buildable zone. FAA offered to aid the City in its acquisition of the property through grant funding. Federal guidelines were used to determine the value of the property. Acquisition of the 59' foot strip of land is basically a lot line adjustment taking the entire area owned by the developer into consideration and considering what the developer would have been able to construct with the additional square footage. MOTION CARRIED UNANIMOUSLY. 6-0. Refer to Council Agenda Item VILB. 1 for further action on this item. Page 18 City of Auburn Council Meeting Minutes September 2, 1997 VI. ORDINANCES AND RESOLUTIONS A. Ordinances 1. Ordinance No. 5008 03.5 An Ordinance of the City Council of the City of Auburn, Washington, approving the Final Plat of Riverwalk Division Number 4, a 17-1ot single family subdivision located within the Riverwalk subdivision that is located south of Howard Road, in the city of Auburn, Washington, according the plat on file with the Clerk of the City of Auburn. Motion by Member Borden, second by Member Singer to introduce and adopt Ordinance No. 5008. MOTION CARRIED. 5-1 with Councilmember Wagner voting no. 2. Ordinance No. 5009 03.5 An Ordinance of the City Council of the City of Auburn, Washington, approving the Final Plat of Riverwalk Division Number 5, a 53-1ot single family subdivision located within the Riverwalk subdivision that is located south of Howard Road, in the city of Auburn, Washington, according the plat on file with the Clerk of the City of Auburn. Motion by Councilmember Borden, second by Councilmember Singer to introduce and adopt Ordinance No. 5009. MOTION CARRIED. 5-1 with Councilmember Wagner voting no. 3. Ordinance No. 5012 F2.2.4, F4.23 An Ordinance of the City of Auburn, Washington, creating in the office of the City Finance Director a fund to be known and designated as the 1986 Parks and Street Improvement Construction Fund and transferring the remaining De Page 19 City of Auburn Council Meeting Minutes September 2, 1997 minimis amount of cash and delinquent property taxes receivable from the Unlimited Tax General Obligation Bond Fund, 1986 to the 1986 Parks and Street Improvement Construction Fund to be used for purposes similar to those identified in Section I of Ordinance No. 4169. Motion by Member Barber, second by Member Brothers to introduce and adopt Ordinance No. 5012. MOTION CARRIED UNANIMOUSLY. 6-0. 4. Ordinance No. 5013 F6.4, A3.5.5.5 An Ordinance of the City of Auburn, Washington, amending Chapter 5.44 entitled "Gambling Activities" by amending Auburn City Code Sections 5.44.040 entitled "Tax-Levy- Bingo, Raffles, Punchboards, Pull Tabs and Amusement Games", and 5.44.050 entitled "Tax-Nonprofit or Charitable Organization-Nonimposition When" to conform to state law requirements amending Section 5.44.070 entitled "Tax- Payment-Reports" to eliminate the duplicate filing of tax reports, and adding a new section 5.44,085 entitled "Lien" to authorize placing a lien upon personal and real property used in the gambling activity. Motion by Councilmember Barber, second by Councilmember Brothers to introduce and adopt Ordinance No. 5013. MOTION CARRIED UNANIMOUSLY. 6-0. 5. Ordinance No, 5014 O4.10, A3.5.5.10 An Ordinance of the City Council of the City of Auburn, Washington, amending City Code Chapter 10.24 entitled "One Way Streets and Alleys", Section 10.24.010 entitled "One-Way Streets Designated" to provide for the Interim Transit Hub operated by King County Department of Transportation and to update the Code to reflect current one way street names. Page 20 City of Auburn Council Meeting Minutes September 2, 1997 Motion by Councilmember Wagner, second by Councilmember Cerino to introduce and adopt Ordinance No. 5014. MOTION CARRIED UNANIMOUSLY. 6-0. 6. Ordinance No. 5017 A3.5.5., O1.2 An Ordinance of the City Council of the City of Auburn, Washington, creating a new section to the Auburn City Code 10.36.375 entitled "1/2-Hour Parking Zones", and amending City Code Chapter 10.36 entitled "Stopping, Standing and Parking" by amending Section 10.36.380 entitled "One-Hour Parking Zones" and Section 10.36.290 entitled "Prohibited Parking Areas - Northeast Auburn" to provide for the Interim Transit Hub Station operated by King County Department of Transportation, and to revise the parking restrictions in the code related to the change in direction of traffic flow, and to update the code to reflect current one way street names. Motion by Councilmember Wagner, second Councilmember Cerino to introduce and adopt Ordinance No. 5017 as amended to delete portions related to J Street NE. MOTION CARRIED UNANIMOUSLY. 6-0. B. Resolutions 1. Resolution No, 2869 04.4.9, A3.13.4 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute an Option to Purchase Unimproved Property between Valley Centre I, L.L.C. and the City of Auburn for Municipal Airport purposes. Motion by Councilmember Borden, second by Councilmember Wagner to approve Resolution No. 2869. MOTION CARRIED UNANIMOUSLY. 6-0. Page 21 City of Auburn Council Meeting Minutes September 2. 1997 2. Resolution No. 2870 O3.11 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a Basic Contract between the City of Auburn and the State of Washington Department of Social and Health Services, Division of Developmental Disabilities, to provide services to eligible participants and their families to have access to needed facilities and recreation programs. Motion by Councilmember Borden, second by Councilmember Wagner to approve Resolution No. 2870. MOTION CARRIED UNANIMOUSLY. 6-0. VII. MAYOR'S REPORT A. Executive Session Mayor Booth announced there would be a brief executive session for approximately 30 minutes to discuss litigation. No action is anticipated as a result of the executive session. The meeting recessed at 9:21 PM. VIII. ADJOURNMENT The meeting reconvened at 9:45 PM and immediately adjourned. Approved on the 15 day of September, 1997. Charles A. Booth, Mayor Robin Wohlhueter, City Clerk Page 22