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,
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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
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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.
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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.
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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
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