HomeMy WebLinkAbout10-06-1997 Council Minutes CITY OF AUBURN
COUNCIL MEETING MINUTES
October6, 1997 7:30 p.m.
I. CALL TO ORDER
A. Flag 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
Mayor Booth and the following members of the Auburn City Council
were present: Rich Wagner, Sue Singer, Jeanne Barber, Trish
Borden, Fred Poe, and Stacey Brothers. Councilmember Gene
Cerino was excused from attendance. Staff members present
included: Parks and Recreation Director Dick Deal, Personnel
Director Brenda Heineman, Fire Chief Bob Johnson, Police Chief
Dave Purdy, Finance Director Diane L. Supler, Public Works
Director Frank Currie, Utility Engineer Dwight Holobaugh, Planning
and Community Development Director Paul Krauss, Assistant
Planning Director Lynn Rued, Intergovernmental Affairs Manager
Lisa Clausen, City Attorney Michael J. Reynolds, Assistant City
Attorney Judith Ausman, City Clerk Robin Wohlhueter, and Deputy
City Clerk Dani Daskam.
C. Announcements and Appointments
1. Announcements
a) Mayor Booth acknowledged the attendance of Scout
Brandon Everson from Boy Scout Troop No. 478 this
evening. Brandon Everson is working towards
receiving the Citizenship in the Community merit
badge.
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City of Auburn Council Meeting Minutes October 6. 1997
2. Appointments
a) Boards & Commissions
City Council to confirm the following appointment:
(1) Human Services Committee
O3.8.11
City Council to confirm the appointment of Fred
Heiser to the Human Services Committee to fill
an unexpired term vacated by Annette Bryce to
expire December 31, 1998.
Motion by Councilmember Borden, second by
Councilmember Barber to confirm the
appointment of Fred Helser to the Human
Services Committee.
MOTION CARRIED UNANIMOUSLY. 6-0.
D. Agenda Modifications
Agenda modifications submitted include correspondence from
Police Guild President J. Sidell transmitted under Item II.C.2 of
these minutes, and corrected page 13 of Ordinance No. 4881 and
additional information related to the proposed curfew ordinance
transmitted under Item VII.A.1 of these minutes.
Mayor Booth recessed the meeting to executive session at 7:35 p.m. for
approximately 10 minutes in order to discuss potential litigation.
At 7:50 p.m., Mayor Booth reconvened the regular meeting.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. Application No, RE70001-97
03.8 REZ0001-97
The following is a closed record heating where comments
are limited to the existing record and no new evidence or
information is allowed to be submitted.
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City of Auburn Council Meeting Minutee October 6, 1997
The request of Frary Breckenridge to rezone property
located at 2610 Hemlock Street SE from existing RR, Rural
Residential, zoning to R-3, Duplex.
Mayor Booth opened the hearing on Rezone Application No.
REZ0001-97.
Robert Zanoni, 848 21st Street SE, Auburn, WA, 98002
Mr. Zanoni is a local architect and spoke on behalf of the
applicant, Frary Breckenridge. He offered to answer
questions from the City Council.
Councilmember Wagner inquired regarding the plans for the
property. Mr. Zanoni advised that the property owner plans
to demolish the existing structure, and to construct a new
dwelling. The rezone will allow the dwelling to be located
further from the bank at the rear of the property. Mr. Zanoni
explained that the applicant chose to apply for a rezone
rather than a variance at the recommendation of Planning
Department staff.
In response to a question from Councilmember Borden, Mr.
Zanoni confirmed that the applicant plans to rebuild a single-
family home.
Councilmember Poe questioned the amount of property
located on top of the hill and the setbacks for the property.
Assistant Planning Director Rued estimated that
approximately two-thirds of the property is on top of the hill.
Mr. Zanoni advised that RR zoning requires a 35-foot front
yard setback, a 15-foot setback for side yard abutting a
street or easement, and a 50-foot setback from the bank.
The R-3 zone will allow a 10-foot side yard setback, a 25-
foot front yard setback, and a 35-foot setback from the bank.
Mr. Zanoni added that Ms. Breckenridge's deck will be
allowed to encroach on the setback from the bank.
Councilmember Borden questioned the request for R-3
zoning for a single family structure. Mr. Zanoni explained
that he initially requested a rezone to R-l; however, an R-1
zone would represent a spot zone which is not allowed. He
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City of Auburn Council Meeting Minutes October 6, 1997
applied for a rezone to R-3 which is consistent with the City's
Comprehensive Plan.
Motion by Councilmember Borden, second by
Councilmember Wagner to close the hearing.
MOTION CARRIED UNANIMOUSLY. 6-0.
Please see Item VII. A.3 of these minutes for further action
related to this item.
B. Audience Participation
Mayor Booth explained that for those persons in attendance this
evening who wish to speak to the curfew ordinance, comments will
be limited to new information and individual statements will be
limited to two minutes in length. Total audience participation on the
curfew issue will not exceed one hour. Mayor Booth noted that the
City Council has discussed the proposed curfew ordinance during a
work study session and previously held a public hearing on the
proposed ordinance.
David Stewart, 950 "1" Street NE, Auburn, WA, 98002
Mr. Stewart explained that he is a homeowner, and has been
asked by a group of his neighbors to speak tonight on their behalf
regarding the Olympic Court Apartments. Mr. Stewart circulated
photographs as part of his presentation. He expressed concern
with the condition of Olympic Court Apartments and the cockroach
infestation at the apartments. According to Mr. Stewart, the
cockroaches have spread to his property and two other properties
in the vicinity of the Olympic Court Apartments. Mr. Stewart
inquired whether the Auburn Building Division has inspected the
Olympic Court Apartments. Public Works Director Currie advised
that an inspection was done, and he agreed to share the results of
the inspection with Mr. Stewart. Mayor Booth advised that he met
with county health officials regarding the Olympic Court
Apartments. Mayor Booth also read from a statement received
from a member of the King County Council describing the actions
taken by the King County Health Department to address the health
conditions at the Olympic Court Apartments. King County
proposes that the King County Health Department and the City of
Auburn form a "strike team" to combine regulatory authorities to
improve the conditions at the Olympic Court Apartments and other
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City of Auburn Council Meeting Minutes October 6. 1997
related sites. Mayor Booth reported that the King County Health
Department has advised that a rodent infestation is a public health
concern while an insect infestation is a property owner issue.
Mayor Booth also advised that the property owner has signed a
contract for regular periodic insect infestation sprays.
Mr. Stewart expressed concern with the spread of the cockroach
infestation to adjacent properties including his own.
Mr. Stewart requested information regarding recent Fire
Department inspections at Olympic Court Apartments. Fire Chief
Johnson agreed to retrieve the inspection reports and contact Mr.
Stewart with his findings.
Mr. Stewart requested information regarding the actions of th~
"strike team". Mayor Booth advised that the strike team was
suggested by King County and is in the process of being formed,
The City has no other new information on the strike team at this
time.
Mr. Stewart expressed concern that the insect spray will not be
adequate to solve the roach infestation. Mayor Booth advised that
the property owner has contracted with a professional pest control
company to perform the spraying.
In response to a question from Councilmember Borden, Mr.
Stewart indicated that he has been in contact with King County
Councilmember Chris Vance who in turn contacted King County
Health Director, Dr. Elonzo Plough.
Larry Burtchett, 16214 SE Lake Holm Road, Auburn, WA
Mr. Burtchett spoke as a student representative for Auburn High
School and Auburn Riverside High School. He reported he
previously spoke to Mayor Booth and Councilmember Barber
regarding the proposed curfew. He expressed his opposition to the
proposed curfew, and questioned the Council's support of a curfew
which offends Auburn youths' First, Fifth, Ninth, and Fourteenth
Amendment rights.
Kyle Mack, 2402 186th Avenue East, Sumner, WA
Mr. Mack is an Auburn High School student. He offered the
following reasons for rejecting the proposed curfew ordinance. The
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City of Auburn Council Meeting Minutes October 6, 1997
curfew enables arbitrary enforcement, leads to a guilty-until-proven-
innocent system, and violates their Constitutional rights. Mr. Mack
questioned whether enacting a curfew will decrease the amount of
crime in Auburn since those who commit crimes are not deterred by
the threat of incarceration. Mr. Mack suggested there is
widespread community disapproval for the curfew.
Vongphet Douagphrachanh, 922 "B" Street SE, Auburn, WA
Ms. Douagphrachanh objected to the City Council implementing a
curfew without obtaining the comments from the community and
teenagers. She suggested that many of the crimes committed in
Auburn and other areas are committed by young adults and not by
teenagers.
Malia Cox, 32316 162nd Avenue SE, Auburn, WA
Ms. Cox identified herself as a senior at Auburn High School. She
expressed concern that the curfew will not reduce the amount of
crime in Auburn, but will only hamper law-abiding youth and
infringe upon their rights.
Shanette Shamrick, 11711 SE 322nd Street, Auburn, WA
Ms. Shamrick spoke in favor of a curfew for youth 16 years of age
and under. She urged the City Council to reduce the age limit.
Paul Nelson, 14 South Division Street, Auburn, WA
Mr. Nelson expressed disappointment with the City Council for
proposing a curfew ordinance. He suggested the curfew ordinance
sends the wrong message to teenagers. Mr. Nelson also
announced that on Friday, October 11:), 1997 he is hosting a
program at 14 South Division to celebrate civil liberties.
Harry Bouchet, 31626 172nd Avenue SE, Auburn, WA
Mr. Bouchet identified himself as the parent of two Auburn High
School students. He expressed opposition to the adoption of a
curfew ordinance. He suggested the proposed curfew ordinance
usurps his parental rights and violates the Constitutional rights of
youth. He urged the Council to not adopt the curfew ordinance and
to look to other methods to protect the youth.
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City of Auburn Council Meeting Minutes October 6, 1997
Matt Hoffman, 16915 SE 328th Place, Auburn, WA
Mr. Hoffman commended the City Council for their efforts to protect
Auburn youth. He encouraged the City Council to consider the
comments made by the teenagers and mediate a compromise.
Gary Jackson, 734 10th Street NE, Auburn, WA
Mr. Jackson reported he has been a resident of Auburn for
approximately one year. He expressed his opposition to a curfew
ordinance because of the type of youth in Auburn, but at the same
time is in favor of a curfew because of the type of crime that occurs
in Auburn. Mr. Jackson encouraged the youth of Auburn to
suggest alternatives to the enactment of a curfew ordinance.
Mr. Jackson recounted a recent encounter with the Auburn Police
Department. He was ticketed by the Auburn Police for riding his
bicycle in violation of the law. He was initially offended, but came
to realize that being ticketed may have saved him from being hit by
a car.
Vongphet Douagphrachanh, 922 "B" Street SE, Auburn, WA
Ms. Douagphrachanh suggested that the Council and youth work
together to achieve a compromise on the curfew proposal.
Jude Dugan, 6115 35th Way, Auburn, WA
Mr. Dugan questioned the constitutionality of the curfew ordinance.
Mayor Booth cited the Dallas, Texas case which was upheld by the
United States Supreme Court. Mayor Booth also advised that in
the state of Washington, there is case law which authorizes the
establishment of a curfew ordinance. Mayor Booth explained the
major purpose of the curfew ordinance is to protect juveniles as
well as to reduce crime. Mr. Dugan questioned the effectiveness of
a curfew ordinance.
Monte, 727 8th Street NE, Auburn, WA
Monte expressed opposition to the curfew ordinance and promised
to violate the curfew law.
Larry Burtchett, 16214 SE Lake Holm Road, Auburn, WA
Mr. Burtchett indicated the curfew ordinance will not only protect
teenagers, but will punish the law-abiding teens.
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City of Auburn Council Meeting Minutes October 6. 1997
Malia Cox, 32316 162nd Avenue SE, Auburn, WA
Ms. Cox questioned the Council's decision to propose a curfew
ordinance.
Rachel Strom, 602 29th Street SE #16, Auburn, WA
Ms. Strom proposed a curfew for adults and criminals.
Gary Jackson, 734 10th Street NE, Auburn, WA
Mr. Jackson acknowledged the responsibility of the community to
protect all people, especially the youth. He reminded the youth in
attendance to suggest viable alternatives to the curfew ordinance.
Mayor Booth commended Ms. Oliver for her students' participation
in this evening's Council meeting.
Robert Beatty, 3435 Auburn Way South ~0, Auburn, WA
Mr. Beatty identified himself as president of the Winchester
Homeowners Association. He spoke regarding Application No.
REZ0003-96 under Item VI.B of these minutes. Mr. Beatty
requested that the City Council call for a closed record hearing on
Application No. REZ0003-96.
Kerie Swepston, 2415 Forest Ridge Drive, Auburn, WA
Ms. Swepston submitted a letter addressed to the City Council and
read the letter for the record. Her letter addresses the gate which
separates the Forest Ridge neighborhood from the recently
developed Riverwalk subdivision. Ms. Swepston explained that the
current configuration of the gate prevents their access to the Forest
Ridge neighborhood which their house has been a part of for 29
years. They are now forced to access their home through the
Riverwalk subdivision. Ms. Swepston requested the City move the
gate at the east border of their property to be slightly angled to the
west on their side of the street to accommodate a driveway inlet to
their property through the Forest Ridge neighborhood. They also
intend to install a circular drive to connect to their existing driveway
that sits at the west end of their house. They plan to install a
locked gate at the east driveway entrance to prohibit any traffic to
pass between the two neighborhoods via their yard.
In response to questions from Councilmember Poe, Planning and
Community Development Director Krauss explained that during
consideration of the plat for the Riverwalk subdivision, it was an
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City of Auburn Council Meeting Minutes October 6, 1997
important issue to the existing Forest Ridge neighborhood to
prevent access to the Forest Ridge area through the Riverwalk
development. In order to satisfy the Forest Ridge area residents, it
was agreed that a gate would be installed to separate the two
neighborhoods. Mr. Krauss explained that the location and
installation of the gate has been difficult because Ms. Swepston's
home is located directly across the street from new lots in the
Riverwalk development. If the gate is installed across the street to
include the Swepston home in the Forest Ridge neighborhood,
several new lots of the Riverwalk development will also be included
in the Forest Ridge neighborhood, which is in violation of the plat
condition. Mr. Krauss advised that the Planning Department was
working with the Swepston's to accommodate their request when
some Forest Ridge area residents protested the Swepston's plans
for a U-shaped drive. The protesters believe the U-shaped drive
will be used to bypass the gate. The gate was ultimately installed
in a location to ensure that all Riverwalk lots would be denied
access to the Forest Ridge neighborhood in accordance with City
Council directlye. However, the location of the gate also separates
the Swepston home from the Forest Ridge neighborhood, Mr.
Krauss explained that the Swepston's proposal includes moving
the gate and installation of a U-shaped driveway that would allow
them access to either neighborhood. Mayor Booth added that
there is a concern that the Swepston home would have access to
both neighborhoods. Mayor Booth referred Ms. Swepston's
request to the Planning and Community Development Committee
for recommendation. Councilmember Borden advised that Ms.
Swepston's request will be discussed at the next Planning and
Community Development Committee meeting to be held Monday,
October 13, 1997 at 7:30 p.m.
Aaron Swepston, 2415 Forest Ridge Drive, Auburn, WA
Mr. Swepston reiterated his and his wife's request to move the gate
to a diagonal position and installation of a circular drive which
would allow their access to both neighborhoods.
Mayor Booth explained that the current objection to Mr. and Mrs.
Swepston's proposal is that they would be the only homeowners
with access to both neighborhoods.
Councilmember Poe pointed out that the concern that the circular
driveway would allow through traffic access is unwarranted, since
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City of Auburn Council Meeting Minutes October 6, 1997
through traffic would be required to trespass on private property.
He expressed support for accommodating the Swepston's request
to retain their access to the Forest Ridge neighborhood.
Kyle Mack, 2402 186th Avenue East, Sumner, WA
Mr. Mack questioned when the City Council plans to take action on
the curfew ordinance. Mayor Booth explained that the curfew
ordinance appears later on this evening's agenda.
Gary Jackson, 734 10th Street NE, Auburn, WA
Mr. Jackson recalled a visit several months ago to the Public Works
Department to express his concerns with the City's policy to
contract for solid waste collection service. He requested
information on the City's costs for solid waste collection services for
the last several years. He suggested that if the City provided its
own solid waste collection, costs could be reduced and a cleaner
service could be provided. Mayor Booth suggested that Mr.
Jackson contact Public Works Director Currie to discuss his
requests and suggestions.
C. Correspondence
1. Letter addressed to Mayor Booth and City Council Members
from Denise Cherry dated September 15, 1997 regarding
construction of the West Beverly Hill Subdivision.
2. A memorandum dated October 6, 1997, and addressed to
the Auburn City Council from J. Sidell, Auburn Police Guild
President, regarding curfew.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Chair Brothers reported the Municipal Services Committee met this
afternoon at 4:30 p.m. The Committee discussed proposed 1998
budgets for the Police and Fire Departments. The Committee
received a presentation from King County Animal Control on a
proposal to amend their procedure for identifying serious animal
bite incidents. The Committee also discussed Lakeland Hills fire
response. The Committee reviewed and recommends approval of
Ordinance No. 5028 to accept $1,000 in additional grant funds for
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City of Auburn Council Meeting Minutes October 6. 1997
DUI emphasis patrol on State Route 164. The next regular
meeting of the Municipal Services Committee is scheduled for
Monday, October 20, 1997 at 4:30 p.m.
B. Planning & Community Development
Chair Borden reported the Planning and Community Development
Committee met September 22, 1997. The Committee discussed
Resolution No. 2874 adopting the 1998 Legislative Agenda, and
the proposed annexation of a small neighborhood on East Main
Street. The Committee also discussed an interlocal agreement
between the City of Auburn and the Port of Seattle, a draft Park
Plan, and a report from the Lea Hill Task Force, The Committee
received a presentation from University of Washington
representatives on a student project for the transit station. Mayor
Booth added that information and a three dimensional plan for the
transit station developed by the student group is on display in the
Planning Department. The next regular meeting of the Planning
and Community Development Committee is scheduled for Monday,
October 13, 1997 at 7:30 p.m.
C. Public Works
Chair Wagner reported the Public Works Committee met
September 22, 1997. The Committee reviewed Ordinance No.
5027 to accept funds from King County and the Port of Seattle for
the design work on two grade separation projects at South 277th
Street and "C" Street SW. The Public Works Committee discussed
cost-sharing on the Sunbreak Care project, an update on the 277th
Street project, the "C" Street SW project, the Goedecke North
property purchase, an emergency power generator for a satellite
water system, and an interlocal agreement with the Port of Seattle
on the "1" Street corridor. The next regular meeting of the Public
Works Committee is scheduled for October 13, 1997 at 5:00 p.m.
The Public Works Committee will also conduct a special meeting
on October 20, 1997 at 5:00 p.m. for the purpose of reviewing the
Water Resource Program.
D. Finance
Chair Barber reported the Finance Committee met this evening at
6:00 p.m. The Committee reviewed and recommends approval of
Ordinance No. 5024 and claims and payroll vouchers. The
Committee also received 1998 budget presentations from the
Personnel, Legal, and Finance Departments. The next regular
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City of Auburn Council Meeting Minutes October 6. 1997
meeting of the Finance Committee is scheduled for Monday,
October 20, 1997 at 7:00 p.m. Chair Barber announced she will be
absent from the next Finance Committee meeting, and Vice Chair
Brothers will preside over the October 20, 1997 Finance Committee
meeting. Councilmember Borden agreed to attend the Finance
Committee meeting in Councilmember Barber's absence.
IV. CONSENT AGENDA
A. Minutes
1. Minutes of the September 15, 1997 special City Council
meeting.
2. Minutes of the September 15, 1997 regular City Council
meeting.
B. Vouchers
F4.9,2, F4.9.5
1. Claims
Claims check numbers 126546 through 127042 in the
amount of $1,441,187.19 for Period 9 and dated October 6,
1997.
2. Payroll
Payroll check numbers 241378 to 241720 in the amount of
$1,017,145.55 and electronic deposit transmissions in the
amount of $501,390.00 for a grand total of $1,518,535.55 for
the pay period covering September 8, 1997 to September
30, 1997.
C. Call for Public Hearing
1. 1998 Consolidated Plan
O3.4.1.7
City Council to call for a public hearing to be held on
Monday, October 20, 1997 with regard to public comments
on the City of Auburn's Consolidated Plan prior to revising its
plan for consideration and appropriation of Community
Development Block Grant Funds.
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City of Auburn Council Meeting Minutes October 6, 1997
D. Contract Administration
1. Project Number PR 9701AR
04.4.9.2 PR 9701AR
City Council to reject the bid received for Project Number PR
9701AR, Contract No. 97-01AR, New Metal Roofs on Airport
Hangars No. 5 through 7, in the best interest of the City, and
grant permission to revise and readvertise the project for
bids.
Motion by Councilmember Barber, second by Councilmember
Brothers to approve Consent Agenda Items IV.A.1 through IV.D.1.
MOTION CARRIED UNANIMOUSLY. 6-0.
V. UNFINISHED BUSINESS
A. Proposed Curfew Ordinance
O1.8.1
This Ordinance is for the purpose of considering a proposed
Curfew and Parental Responsibility Ordinance for the protection of
juveniles and the public and 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.
Councilmember Barber recalled that she and Mayor Booth recently
visited the Auburn High School class of Suzanne Oliver to discuss
the proposed curfew ordinance. The comments received this
evening do not reflect the same reaction received from the students
of Suzanne Oliver. She expressed regret the students in
attendance this evening did not attend previous Council work
sessions and the public hearing on the proposed curfew. The
persons who testified during the public hearing gave compelling
testimony in favor of a curfew. Councilmember Barber spoke in
favor of the City's proposed curfew ordinance as a protection for
youth.
Councilmember Borden expressed her support for the proposed
curfew ordinance. She believes that the majority of families
support a curfew ordinance. She also noted the several exceptions
contained in the ordinance.
Page 13
City of Auburn Council Meeting Minutes October 6. 1997
Councilmember Barber also noted the number of exceptions
contained in the ordinance. She pointed out that after a year, the
ordinance will be reevaluated to determine its effectiveness.
Councilmember Singer described how she came to favor adoption
of a curfew ordinance after initially opposing a curfew in Auburn.
After talking with numerous teenagers and families, she became
convinced that a curfew is necessary. She also noted the
numerous exceptions contained in the ordinance.
Councilmember Wagner expressed his support for a curfew
ordinance to protect young people. He noted that the ordinance
contains several exceptions including the exercise of one's
Constitutional rights. He also pointed out that unless Council acts
on the ordinance again before October 5, 1998, the curfew will
expire. He encouraged persons to provide feedback to the Council
on the effect of the curfew over the next year.
Councilmember Poe expressed his support for the curfew
ordinance which will provide protection for all people and their
property. He indicated the ordinance will have little impact on
responsible young people.
Councilmember Singer expressed her belief that the City's
ordinance will pass a constitutionality test. She noted that as
legislators, the Council depends upon the judicial system to
determine the constitutionality of law.
Councilmember Brothers expressed concern with the proposed
curfew ordinance. He expressed concern with the cost of a
constitutional challenge of the ordinance, the constitutionality of the
ordinance itself, and the cost of enforcing the curfew ordinance.
He questioned whether a curfew is necessary for the Auburn
community. He expressed opposition to the ordinance and to the
City's determination of parents rights.
For further action on this item refer to Item VII. A. 1 of these minutes.
Page 14
City of Auburn Council Meeting Minutes October 6, 1997
VI. NEW BUSINESS
A. Application No. CUP0003-97
O3.10.1 CUP0003-97
City Council consideration on the request of Cascade Community
Bank for a conditional use permit to allow a drive-in bank on
property located at the southwest corner of Dogwood and Auburn
Way South.
Motion by Councilmember Borden, second by Councilmember
Barber to approve the conditional use permit based upon the
Hearing Examiner's findings of fact, conclusions and conditions;
and request the City Attorney to prepare the necessary ordinance.
Councilmembers Singer and Poe indicated they will abstain from
voting.
MOTION CARRIED. 4-0. Councilmembers Singer and Poe
abstained.
B. Application No. RF70003-96
03.8 REZ0003-96
City Council consideration on the request of Shirley Titchenal and
Monte Adams for a rezone from RR, Rural Residential, to R-3,
Duplex, on 6.8 acres of property located east of Hemlock SE (if
extended).
Motion by Councilmember Borden, second by Councilmember Poe
to call for a closed record hearing on Application No. REZ0003-96
to be held October 20, 1997.
MOTION CARRIED UNANIMOUSLY. 6-0.
C. Application No. ANX0005-97
O3.1 ANX0005-97
City Council consideration on the request of property owners to
annex a 2.79 acre parcel of land located at the east end of East
Main Street.
Motion by Councilmember Borden, second by Councilmember
Wagner to authorize the Planning Department to prepare a petition
Page 15
City of Auburn Council Meeting Minutes October 6, 1997
for annexation which shall state that the annexed properly shall
assume its share of the existing bonded indebtedness of the city
upon annexation.
MOTION CARRIED UNANIMOUSLY. 6-0.
D. Application No. PLT0001-97
03.5 PLT0001-97
City Council consideration on the request of Velvet Homes for
preliminary plat approval for a 22 lot single family subdivision for
property located at 40th and "1" Street NE.
Motion by Councilmember Borden, second by Councilmember
Wagner to approve the preliminary plat based upon the Hearing
Examiner's findings of fact, conclusions and conditions; and
instruct the City Attorney to prepare the necessary ordinance.
MOTION CARRIED UNANIMOUSLY. 6-0.
VII. ORDINANCES AND RESOLUTIONS
A. O~inances
1. Ordinance No. 4881
O1.8.1
An Ordinance of the City Council of the City of Auburn,
Washington, adopting a juvenile curfew and parental
responsibility ordinance, establishing a new Chapter 9.50 of
the Auburn City Code, establishing findings of fact, and
setting forth penalties for violators.
Assistant City Attorney Ausman pointed out that a new page
13 to Ordinance No. 4881 was transmitted as an agenda
modification. The change on page 13, paragraph 7, line 10,
consists of the addition of the words "a school, a religious
organization," following the words "City of Auburn,".
Assistant City Attorney Ausman also noted a scrivener's
error on page 6, between lines 7 and 8, where the word
"and" should be changed to "for".
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City of Auburn Council Meeting Minutes October 6. 1997
Motion by Councilmember Barber, second by
Councilmember Borden to introduce and adopt Ordinance
No. 4881 as modified and corrected.
Motion by Councilmember Brothers, second by
Councilmember Singer to delete the words "are particularly
susceptible to participate in unlawful activities" from page 1,
line 13.
Councilmember Wagner questioned whether the deletion of
the language as proposed by Councilmember Brothers will
invalidate the use of the statistics as justification for the
ordinance. Assistant City Attorney Ausman expressed
doubt that the amendment would invalidate the use of the
statistics.
Motion by Councilmember Borden, second by
Councilmember Poe to amend the motion to delete the word
"particularly" only from page 1, line 13 of Ordinance No.
4881.
MOTION CARRIED. 4-2. Councilmembers Brothers and
Singer voted no.
THE MOTION, AS AMENDED, CARRIED. 5-1.
Councilmember Brothers voted no.
Motion by Councilmember Brothers to insert the words
"without parental supervision" after the words "early morning
hours" on page 1, line 20.
MOTION DIED FOR LACK OF SECOND.
Councilmember Poe called for the question.
MOTION CARRIED. 5-1. Councilmember Brothers voted
no.
Councilmember Brothers indicated he had not had an
opportunity to offer a question. Mayor Booth called on
Councilmember Brothers to proceed with his question.
Councilmember Brothers questioned a statement on page 2,
Page 17
City of Auburn Council Meeting Minutes October 6. 1997
at line 19 which states almost half of the cities with curfews
reported that their ordinance had an impact on juvenile
crime and some cities observed a reduction in the incidents
of malicious mischief and disorderly conduct. He asked
which cities experienced a reduction in crime, and if so, are
the cities in any way similar to Auburn in terms of population
and diversity. Assistant City Attorney Ausman responded
that the statement was taken from the Washington State
Institute for Public Policy publication, and could not recall if
there was a delineation of cities without referring to the
publication.
MOTION TO ADOPT ORDINANCE NO. 4881 AS
AMENDED AND CORRECTED CARRIED. 5-1
Councilmember Brothers voted no.
2. Ordinance No. 5018
O3.10.3 MIN0001-95
An Ordinance of the City of Auburn, Washington, approving
a surface mining permit to allow for the continued mining of
a 664-acre parcel located east of Kersey Way and south of
the Stuck River, within the city of Auburn, Washington, and
repealing Ordinance No. 4976.
Motion by Councilmember Borden, second by
Councilmember Wagner to introduce and adopt Ordinance
No. 5018.
MOTION CARRIED UNANIMOUSLY. 6-0.
3. Ordinance No. 5019
03.8 REZ0001-97
An Ordinance of the City of Auburn, Washington, providing
for the rezoning of property located on property at 2610
Hemlock Street SE, within the city of Auburn, Washington,
changing the zoning classification thereof from RR (Rural
Residential) to R-3 (Duplex).
Motion by Councilmember Borden, second by
Councilmember Wagner to continue Ordinance No. 5019 to
the October 20, 1997 Council meeting.
Page 18
City of Auburn Council Meeting Minutes October 6, 1997
MOTION CARRIED UNANIMOUSLY. 6-0.
4. Ordinance No. 5024
F4.1
An Ordinance of the City Council of the City of Auburn,
Washington, amending Auburn City Code Section 2.54.020
relating to private vehicle use reimbursements, to provide for
the travel reimbursement rate at the Internal Revenue
Service rate.
Councilmember Borden questioned whether the budget
impact of Ordinance No. 5024 had been evaluated. Finance
Director Supler reported the budget impact from the
increased mileage reimbursement rate would be minimal.
The City has a policy that requires employees to use City
vehicles when one is made available to them for travel
purposes. Only in a case where a City vehicle is not
available to an employee for travel is an employee allowed
to use his or her private vehicle. Most departments of the
City have vehicles assigned to them. Finance Director
Supler estimated the budget impact to be approximately
$300.00 per year assuming the current level of travel
remains the same.
Motion by Councilmember Barber, second by
Councilmember Brothers to introduce and adopt Ordinance
No. 5024.
MOTION CARRIED UNANIMOUSLY. 6-0.
5. Ordinance No. 5026
O3.4.2.1.2, A3.5.5.18
An Ordinance of the City of Auburn, Washington, amending
Auburn City Code Chapter 18.02 entitled "General
Provisions" and Chapter 18.38 entitled "LF Airport Landing
Field District."
Motion by Councilmember Borden, second by
Councilmember Wagner to introduce and adopt Ordinance
No. 5026.
MOTION CARRIED UNANIMOUSLY. 6-0.
Page 19
City of Auburn Council Meeting Minutes October 6, t997
6. Ordinance No. 5027
O4.9.1 PR 562, O4.9.1 PR 529
An Ordinance of the City Council of the City of Auburn,
Washington, authorizing the City to enter into an Interlocal
Agreement between King County, Port of Seattle, and the
City of Auburn, to accept funds for the purpose of sharing
costs to fund the design of two grade separation projects
known as "South 277th Street Reconstruction Project/Phase
1 -Grade Separation and SR 18/"C" SW Ramp
Modification/3rd Street SW Grade Separation", and
authorizing the Mayor to administratively negotiate the final
form of the agreement with no substantial changes.
Motion by Councilmember Wagner, second by
Councilmember Poe to introduce and adopt Ordinance No,
5027.
Councilmember Poe asked the status of the Interlocal
Agreement with King County and the Pod of Seattle. Mayor
Booth reported the King County Council will consider the
Agreement Wednesday afternoon. Mayor Booth assured
that any substantive change in the Agreement will be
presented to the City Council for approval.
MOTION CARRIED UNANIMOUSLY. 6-0.
7. Ordinance No. 5028
F5.2, O1.6
An Ordinance of the City Council of the City of Auburn,
Washington, amending Ordinance No. 5007 by authorizing
the Mayor to accept an additional One Thousand and
no/100 Dollars, thereby increasing the total grant amount of
Four Thousand and no/100 Dollars from the Washington
Traffic Safety Commission to Five Thousand and no/100
Dollars to provide enhanced traffic law enforcement service,
with an emphasis placed on driving under influence (DUO
enforcement, on those sections of roadway included in the
SR 164 corridor safety project and approving the
appropriation and expenditure of the additional One
Thousand and no/100 Dollars in grant funds.
Page 20
City of Auburn Council Meeting Minutes October 6, 1997
Motion by Councilmember Brothers, second by
Councilmember Poe to introduce and adopt Ordinance No.
5028.
MOTION CARRIED UNANIMOUSLY. 6-0.
B. Resolutions
1. Resolution No. 2874
A3.4
A Resolution of the City Council of the City of Auburn,
Washington, adopting the 1998 Legislative Agenda and
requesting the Mayor of the City of Auburn to transmit said
Agenda to members of the Washington State Legislature.
Motion by Councilmember Borden, second by
Councilmember Wagner to adopt Resolution No. 2874.
MOTION CARRIED UNANIMOUSLY. 6-0.
VIII. MAYOR'S REPORT
A. Executive Session
An executive session was held at 7:35 p.m. this evening
immediately following Item I.D of these minutes.
IX. ADJOURNMENT
There being no further business to come before the City Council this
evening, the meeting adjourned at 9:34 p.m.
Approved on the ,~q~ ~ day of L/'~~ , 1997.
Charles A. Booth, Mayor skam, Acting City Clerk
97M 10-6. DOC
Page 21