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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. Page I 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. Page 2 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 Page 3 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 Page 4 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 Page 5 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. Page 6 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. Page 7 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 Page 8 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 Page 9 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 Page 10 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 Page 11 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. Page 12 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". Page 16 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