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HomeMy WebLinkAbout12-18-1989a �� CITY OF AUBURN CITY COUNCIL MEET[NG MWUTES December 18, i989 7:30 p.m. 1. CALL TO ORDER ' The regalar meeting of the City of Auburn Council was called to order by Mayor Bob Roegner at 7:30 p.m. in the City of Auburn Council Chambers. A. Flae Salute Mayor Roegner led those in attendance in the pledge of allegiance. B. Roll all Those in attendance included Mayor Bob Roegner and Councilmembers Whit[all, Walters, Burns, Larson, Roland, and Kurle. Councilmember Brothers was temporarily excused during roll call but joined the Council a few minutes later. Staff inembers in attendance included Police Chief Jake Evans, Police Captain Ray Sherman, Assistant Fire Chief Steve Shropshire, Personnel Director Gretel Sloan, Parks & Recreation Director Len Chapman, Finance Direcror Pat Dugan, Public Works Director Frank Currie, Interim Planning Director Rob Chave, City Attorney Marguerite Schellentrager, and City Clerk Robin Wohlhueter. C. Announcements and Anoointments 1. Announcements - None. 2. A000intments - None. D. Aeenda Modifications - None. II. CITIZEN INPUT PUBLIC HEARINGS & CORRESPONDEN E A. Public Hearines 1. Aoolication No. V0589 The petitions filed for the vacation of a street right-of-way known as 18th Street N.E., in the 1000 block, within the City of Auburn. Mayor Roegner opened the pubiic hearing. No one spoke for or against Application No. V0589. Motion by Councilmember Kurle, second by Councilmember Burns ro close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. � �J r°'1 I I ILJ �7 ' , CITY OF AUBURN COUNCIL MEETING 2 December 18, 1989 Councilmember Larson raised questions regarding the street plan, and utilities within the proposed vacation. Motion by Councilmember Kurle, second by Councilmember Burns to approve the proposed street vacation according to Appiication No. V0589, and to instruct the City Atrorney to prepare the necessary ordinance. MOTION CARRIED. 6-1 with Councilmember Larson voting no. Apnlication No. V0689 The petitions fited for the vacation of the street right of way known as 44th Street N.E., together with Auburn Way North. Mayor Roegner opened the public hearing. Theron Toreerson - 24456 164th Ave S.E., Kent, WA Mr. Theron Torgerson stated he is available to the Council to answer any questions regarding the proposed street vacation. Motion by Councilmember Kurle, second by Councilmember Burns to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Larson referred to the second diagram in the Council packet. Councilmember Larson questioned whether or not the proposed vacation is a part of a existing street. Frank Currie verified that the map displays [he old portion of Auburn Way North, and verified for Councilmember Larson what is being proposed tonight. Motion by Councilmember Kurle, second by Councilmember Brothers to approve proposed street vaca[ion under Application No. V0689, and to ins[ruct the City Attorney to prepare the necessary Ordinance. MOTION CARRIED UNANIMOUSLY. 5-2 with Councilmembers Larson and Burns voting no. B. Audience Particioation Due to the number of people in the audience tonight with regard to the proposed Skateboard Ordinance No. 4386, Mayor Roegner requested citizens who wish to speak for or against the Skateboard Ordinance keep their comments brief and to the point. Mayor Roegner reminded the audience that this is not a scheduled public hearing, and the Council will review Ordinance No. 4386 later in tonight's agenda. ,Ton Martin - 1818 4th Place N.E., Auburn, WA Jon Martin submitted a petition with 178 signatures regarding the proposed skateboard ordinance. Jon Martin expressed concern over the issues before the Council in limiting skateboard activity within the downtown area of the ' PAGE 2 - a�� . _.. CITY OF AUBURN COUNCIL MEETiNG December 18, 1989 City of Auburn. Jon Martin wanted the facts surrounding the Council's decision to propose the ordinance. Mr. Martin requested the Council consider holding a public hearing so that due process is shown to young people. Wavne Heisserman - 20 B Street NE, Auburn, WA Wayne Heisserman identified himself as a property owner, business owner, ' and a member of Steering Committee for the Business Improvement Area. Mr. Heisserman stated he is here on behalf of Dan Seacord. Mr. Heisserman stated there is a problem with skate boarding within the downtown area of Auburn. Mr. Heisserman is impressed with the ability the skateboarders have, but did mention the high speed of skateboard activity that exists on occasion in the alley near his business which is causing damage to property, and is unsafe for senior citizens and other citizens. Mr. Heisserman said he did discuss the problem with [he boys who are skateboarding near is business. During this discussion, Mr. Heisserman stated the kids became beligerent, and as a result an agreement was never made with them. Mr. Heisserman suggested a skateboard facility for the kids. Scott Tozer - 1431 East Main, Auburn, WA Scott Tozer agreed with Mr. Heisserman, but stated we have a problem with other sport activites as well. Mr. Tozer pointed out that the proposed ordinance does not just limit skateboarding, but limits kids on roller skates. Mr. Tozer stated the proposed ordinance does not offer proposed alternatives for the kids, and is too vague and too broad. Mr. Tozer recommended the Council focus on the kids that are causing the problem downtown without ruining it for others. Don Meeks - 3l I18 109th Place S.E., Auburn, WA Don Meeks, on behalf of two sons who like to skateboard, expressed concern of taking skateboard activities away in that it deters kids from other type of activity such as smoking. Tom Sexton - 3108 58th Ave N.E., Tacoma, WA. Tom Sexron, representative from Washington Amateur Skateboard Association, stated the Washington Amateur Skateboard Association was formed five years ago and currently has 167 members. 'I�he association sponsors skateboard activities for the kids. Mr. Sexton stated he attended a meeting of the Council on Thursday nite, and cited some of the concerns expressed at that meeting. Mr. Sexton stated there are other activities that go on in the city where people get hurt such as football, basketball, and on playground equipment. Mr. Sexton noted skateboarding has been around for thirty years, and is not a dangerous sport in comparison with other sports. Mr. Sexton further cited statistics of skateboarding on a national average. The Washington Amateur Skateboarding Association attempts to keeps skateboarding in a controlled area with safety equipment, and guidelines of proper conduct. Mr. Sexton noted the kids should have a right to skateboard PAGE 3 , �. :� - _____ _ _ __ _. __ � _ _ . � ,. - ,\ a�� CITY OF AUBURN COUNCIL MEETWG December I8, 1989 if they want. Mr. Sexton suggests the Council look at the possibility of a facility for skateboard;ng. Andv Teelo - 122 West Main street, Auburn, WA Mr. Teglo stated he lives on Main Street, and daily at three or four in the afternoon kids are racing on their skateboards down Main street. Mr. Tegio � remembered day one of the kids on a skateboard hit a lady coming out of an apartment building. When Mr. Teglo questioned the kid about the incident, the kid's response was disrepectful. Mr. Teglo asked the Council to protect the elderly people by approving the proposed ordinance which wili also discourage the kids from ruining the benches. Catherine Hansen - 222 East Main Street, Auburn, WA Cathrine Hansen stated the benches located on main street have been vandalized by skateboards, and the kids whi2 by without regard to pedestrians in the Arcade. The kids riding on skateboards show disrespect when approached by an adult to get them to stop vandalizing the benches with their skateboard, or to let them know that they should proceed with caution when skateboarding around near pedestrians. Laverne Wells -]22 West Main Street, Auburn, WA Ms. Wells reported that at two or three in the morning there are skateboarders using foul language, jumping on the benches behind her apartment building. Ms. Wells places blame on the parents. Justin Enochs - 31318 179th Place S.E., Auburn, WA Justin Enochs stated there are bad people everywhere. Brock Burlando - 115 K Street S.E., Auburn, WA Brock Burlando asked the Council to consider ticketing the skateboard offenders in downtown area. � Jesse Anno - 030 Main Street, Algona, WA Jesse Anno stated that anyone would be defensive if someone was yelling at you, and secondly, the streets are public. Jesse Anno feels there should be a place for skateboarding. Carl Laufhurst - 107 West Main Street, Auburn Mr. Laufhurst sympathized with the children in [hat they do not have anything to do, and they require guidance. Mr. Laufhurst asked [he Council if there is a place in the city where the kids can enjoy their roller skating activities without endangering the public. C. �orresoondence - None. III. COUNCIL COMMITTEE REPORTS A. Munici�al Services Chairman Whittall reported the Municipal Services Committee met on December 14, 1989 to discuss Ordinance No. 4386. Chairman Whittall reported that this ordinance does not oudaw skateboarding, but does outlaw it in the central business district. Chairman Whittall suggested the Planning PAGE 4 i1o3G CITY OF AUBURN COUNCIL MEETING December I8, 1989 & Community Development Committee look at possibilities of establishing a skateboard facility within the City of Auburn. Chairman Whittall requested that VII.A.t referring to Ordinance No. 4386 be reviewed at this time. Ordinance No. 4386 adds a new Chapter 10.58 to the Auburn City Code regulating the operation of skateboards, roller skates and coasters within the city limits and provides for penalties for the violation hereof. Chairman Whittall requested as a result of a committee recommendation that Section 10.58.040 be eliminated from the Ordinance No. 4386. Motion by Councilmember Whittall to introduce and adopt Ordinance No. 4386 and eliminate Section 10.58.040 relating to night riding. - Councilmember Roland seconds the motion. � Under discussion, some of the Councilmembers commented on the skateboard issue, and questioned staff on the insurance liability issue facing the cities in establishing a skateboarding facility. Chief Evans commented that currently there is no state or local legislation which governs skateboards. Chief Evans stated the City would have to apply criminal disorderly conduct statutes, criminal vandalism statutes which results in putting these kids in the criminal justice system. The proposed ordinance makes skateboarding within the downtown area an infraction and subject to a fine. Len Chapman explained to the Council that Bainbridge Park District had a skateboard facility with a hatf pipe for approximately three years. Last summer was the tast time they operated the skateboard facility because of a lack of interest. MOTION CARRIED UNANIMOUSLY. 7-0. Chairman Whittall continued his report to the Council of their December 14, 1989 Municipal Services Committee meeting. Chairman Whittatl reporced that a presentation was given by King County showing the need for construction of a new jail facility in King County. Occupancy of the new jail facility is planned for the fall of t993. An interim facility is planned. Chairman Whittall asked for Council support of all items before the Municipal Services Committee which includes the public defense policy. Chairman Whittall mentioned the next meeting of the Municipal Services Committee is January 11, 1990. The Council took a five minute recess at 825 p.m. The meeting reconvened at 8:30 p.m. Plannine & Communitv Develooment Prior to reporting the Planniag & Community Development Committee activities to the Council, Councilmember Burns requested the Parks PAGE 5 � � � C[TY OF AUBURN COUNCIL MEETING . ',� - ---, , 03.2/ December 18, 1989 Department give the Planning & Community Development Committee a rough sketch of what the city would be looking at if the city decided to provide a facility for skateboarding. The Planning & Community Development Committee will schedule review of this after the first of the year. ' Chairman Burns stated the Planning & Community Development Committee met on December 5, 1989 at 5:30 p.m., and the minutes are a matter of public record. There was discussion of when the next meeting of the Pianning & Community Development Committee would be. As a result of the discussion the next meeting will be held after the first of the year. C. Public Works Chairman Kurle reported the Public Works Committee met at 5:30 p.m. prior to the Council meeting this evening to consider five items on [he agenda tonight. The next Public Works Committee meeting is prior to the next Council meeting on January 2, 1990 at 5:30 p.m. D. Finance Chairman Waiters stated the Finance Committee met prior to the Council meeting tonight to review six items. The next Finance Committee mee[ing will be prior to the next Council meeting of January 2, 1990 at 720 p.m. IV. CONSENT AGENDA A. Minu es 1. December 4, 1989 reguiar Council meeting. 2. Request approval to amend the CounciPs motion under VIII to the September 5, 1989 reguiar Council meeting minutes to read: Motion by Councilmember Walters, second by Councilmember Whittall , to authorize the Mayor and City Clerk to sign a three year agreement with the Police Department LieutenanPs Union from January 1, 1990 through December 31, 1992. MOTION CARRIED UNANIMOUSLY. 7-0. B. Vouchers 1. Claim numbers #50157 through #50477 in the amount of $1,030,618.08. 2. Payroll n150347 through #150843 in the amount of $642,425.87. C. Out of State Travel (F4.1.1) l. Fire De�artment Recommend authorizing out-of-state travel for Fire Marshal Wayne Senter to travel to Emmitsburg, Maryland to the National Fire Academy , PAGE 6 �� � CITY OF AUBURN COUNCIL MEETING December 18, 1989 January 8 to.19, 1990 to attend the Interpersonal Dynamics in Fire Service Organizations. D. Interfund Loans (F4.7) l. Request interfund loan for LID 339 (Hidden Valley Road) from Fund 102 (Arterial Street) in the amount of $75,000 at 8.5096 interest from November 30, 1989 to November 30, 1990. 2. Request interfund loan for Fund 434 (Solid Waste) from Fund 430 (Water) in the amount of $50,000 at 8,5096 interest from November 30, 1989 to November 30, 1990. E. Utilitv Bill Adiustment (F4.5.2) 1. Recommend approval of utility adjustment to Account #503-1080 in the amount of $3,393.94. Motion by Councilmember Larson, second by Councilmember Kurle to approve Consent Agenda Items IV.A. through IV.E.I. MOTION CARRIED UNANIMOUSLY. 7-0. OLD BUSINESS - None. VI. NEW BUSINESS VII. ORDTNANCES AND RESOLUTIONS A. Ordinances Ordinance No. 4386 (A3.5.5.10) An Ordinance of the City of Auburn, Washington, adding a new Chapter 10.58 to the Auburn City Code regulating the operation oF skateboards, roiler skates, coasters, and other similar devices within the City limits and providing penalties for the violation hereof. Ordinance No. 4386 was adopted as amended under III.A. of these minutes. 2. Ordinance No. 4389 (05.2) An Ordinance of the City of Auburn, Washington, authorizing the Mayor and City Clerk to accept a donation of four scoreboards for Auburn Game Farm park playing fields from Redley Enterprises, ]nc., and to enter into an agreement regarding conditions of ihe donations. Motion by Councilmember Burns, second by Councilmember Walters to introduce and adopt Ordinance No. 4389 PAGE 7 ' ' ,- -- - . _ _._.__ _ _..--- —� - _.._.._��..._._ _.._ _ �� - \\ o�s23 CITY OF AUBURN COUNCIL MEETING MOTION CARRiED UNANIMOUSLY. 7-0. December I8, 1989 3. Ordinance No. 4390 (03.10.1 CUP0007-89) An Ordinance of the City of Auburn, Washington, providing for a ' Conditional Use Permit to allow a professiona( oEfice tocated at the southwest corner of 17th and "M" Street S.E., within the City of Auburn, Washington. Motion by Councilmember Burns, second by Councilmember Kurle to introduce and adopt Ordinance No. 4390. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Ordinance No. 4391 (03.5.1 MIS0004-89) An Ordinance of the City Council of the City of Auburn, Washingron, approving the alterations of finai plat of Lakeland Hilis Division No. 2 to provide ingress, egress and utility easement to serve Lots 35, 36, 41 and 42, AKA 5004, 5008, 5010 and 5002 Mill Pond Drive. (Final Plat approved by City of Auburn Ordinance No. 3468, December 3, 1979). Motion by Councilmember Burns, second by Councilmember Walters to introduce and adopt Ordinance No. 4391. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Ordinance No.4392 (F3.2 89 Amend) An Ordinance of the City of Auburn, Washington, authorizing the ' Mayor to accept Schedule "A" which relates to the City of Auburn 1989 Budget Reallocation of funds in various accounts in several Tunds pursuant to RCW 35A33.120. Motion by Councilmember Walters, second by Councilmember Whittall to introduce and adopt Ordinance No. 4393. MOTION CARRIED UNANIMOUSLY. 7-0. 6. Ordinance No. 4393 (F6.8, 04.73) An Ordinance of the City of Auburn, Washington, amending Chapter 3.41 entitled "Garbage Fund Utility Tax" to reduce the garbage fund utility tax from four and one-half percent of gross receipts to two percent. Motion by Councilmember Walters, second by Councilmember Roland to introduce and adopt Ordinance No. 4393. MOTION CARRIED UNANIMOUSLY. 7-0. '� PAGE 8 °?•�� � CITY OF AUBURN COUNCIL MEETING � � December 18, 1989 7. Ordinance No. 4394 (F3.2.89, F4.16) An Ordinance of the City of Auburn, Washington, establishing a "Cumulative Reserve Fund" in the City of Auburn Budget and amending Ordinance No. 4316 which adopted the 1989 Budget for the City of Auburn, to incorporate the "Cumulative Reserve Fund" into the 1989 Budget. Motion by Councilmember Walters, second by Councilmember Roland to introduce and adopt Ordinance No. 4394. MOTION CARRIED UNANIMOUSLY. 7-0. 8. Ordinance No. 4395 (04.6.2, F4.53) An Ordinance of the City of Auburn, Washington, amending Chapter 13.20 of Auburn City Code, Section I3.20.440 entitled fees and charges to incorporate the Metro rate increase for sewer charges. Motion by Councilmember Kurle, second by Councilmember Brothers to introduce and adopt Ordinance No. 4395. MOTIOfV CARRIED UNANIMOUSLY. 7-0. Resolutions Resolution No. 2014 (A3.12.5) A Resolution of the City Council of the City of Auburn, Washington, adopting a policy of standards for public defense as required by law. Motion by Councilmember Whittall, second by Councilmember Roland to introduce and approve Resolution No. 2014. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Resolution No. 2016 (04.4.9.1.3, A3.17) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn, to execute Addendum I to the lease agreement with Car-Temps Rent-A- Car for office space located in the Auburn Flight Center Building situated at the Auburn Municipal Airport (origina! agreement authorized by City of Auburn Resolution No. 1894 and amendment thereto authorized by amending Resolution No. 1909, November 21, 1988. Motion by Councilmember Kurle, second by Councilmember Brothers to approve Resolution No. 2016. MOTION CARRIED UNANIMOUSLY. 7-0. 1 ' PAGE 9 '. -� ��s�` L _1 1 CITY OF AUBURN COUNCIL MEETING December l8, 1989 3. Resolution No. 2017 (A3.17, 05.1) A Resolution of the City Counci( of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn to execute a lease agreement for a resident caretaker at the City of Auburn Game Farm Park. Motion by Councilmember Burns, second by Councilmember Walters to adopt Resolution No. 2017. MOTION CARRIED UNANIMOUSLY. 7-0. 4.. Resolution No. 2019 (03.4.1.1) A Resolution of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn, to execute Addendum I to extend the agreement with Makers to allow for additional funds to complete consultant services entitled "Auburn Downtown Design Master Plan". The original agreement was entered inro on August 7, 1989. Motion by Councilmember Burns, second by Councilmember Kurle to approve Resolution No. 2019. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Resolution No. 2020 (04.63 SSI 82) A Resolution of the City Council of the City of Auburn, to execuce an agreement between the City and the Burlington Northern Railroad, for an underground sanitary sewer pipeline crossing at Auburn (Thomas), Washington. Motion by Councilmember Kurle, second by Councilmember Brothers to introduce and adopt Resolution No. 2020. MOTION CARRIED UNANIMOUSLY. 7-0. 6. Resolution No. 2021 (04.9.1 Street Imp 246) Resolution of the Ciry Council of the City of Auburn, Washington, authorizing the Mayor and City Cierk to execute Supplemental Agreement No. 3 with Entranco Engineers to invoke the conditions of subsection G of Supplement IVo. 2. Motion by Councilmember Kurle, second by Councilmember Brothers to introduce and adopt Resolution No. 2021. MOTION CARRIED UNANIMOUSLY. 7-0. 7. Resolution No. 2022 (A3.16.1) PAGE ]0 ,' .. . aa� CITY OF AUBURN COUNCIL MEETING December 18, 1989 A Resolution of' the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute Addendum 1 to the interlocal agreement with the City of Federal Way for the deposit of funds. Motion by Councilmember Walters, second by Councilmember Kurle ro introduce and adopt Resolution No. 2022. MOTION CARRIED UNANIMOUSLY. 7-0. 8. Resolution No. 2023 (04.93) A Resolution of the City Council of the City of Auburn, Washington, fixing a time for a public hearing on the 1990-1996 Six Year Street Program. Motion by Councitmember Kurle, second by Councilmember Brothers to introduce and adopt Resolution No. 2023. MOTION CARRIED UNANIMOUSLY. 7-0. VIII. MAYOR'S REPORT Oath of Office Mayor Roegner announced the "Oath of Office" is scheduled for January 2, 1990 at 630 p.m. at Auburn City Hall. Librarv Cards Mayor Roegner presented all Councilmembers with new Library Cards that are used with the Auburn Public Library's new compu[er system. A.. Executive Session Mayor Roegner announced there would be an executive session to discuss labor negotiations, personnei, and litigation which is expected to last for approximately fifteen to twenty minutes, and anticipated there would be action required by the City Council as a result of the Executive Session. The Council recessed to Executive Session at 8:45 p.m. Mayor Roegner returned to the Council Chambers at 9:05 to announce the Executive Session is taking longer than expected, and would continue for approximately twenty-five more minutes. Mayor Roegner reconvened the meeting at 9:35 p.m. Fire Local #1352/Ci[v Staff Motion by Councilmember Walters, second by Councilmember Whittall to au[horize the Mayor and City Clerk to sign a three-year contract with the Fire Local #I352 subject to the local's ratification for a duration beginning January 1, 1990 through December 31, 1992, and to authorize city staff cost of living increases for the following: Executive Level I@ 645; Executive PAGE ] l \ ' ' ,> � CITY OF AUBURN COUNCIL MEETING December I8, 1989 Level II @ 596; and Unaffiliated Employees at 4.6'Yu effective January I, 1990. MOTION CARRIED UNAN[MOUSLY. 7-0. Chief Executive Officer Motion by Counciimember Waiters, second by Councilmember Whiit:ill io , approve a 896 cost o( living increase for Mayor Roegner to be made either by cash or into deferred compensation effective January 1, 1990. . MO"I'ION CARRIED UNANIMOUSLY. 7-0. , � IX. ADJOURNMENT There being no further business to come before the Auburn City Council, the meeting adjourned 9:46 p.m. Bob Roegner, Mayor Robin,Wohlhueter, City Clerk 89M12-18 � PAGE 12 � '��.�Nk ����7 �� . � , 1 1 .�