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HomeMy WebLinkAbout12-17-1991 . - ' •i~`' ~'ti 00 ~ CITY OF AUBURN CITY COUNCIL IvIEETING MINUTES TEN ~ December 17, 1991 7:30 p.m. I. CALL TO ORDER The regular 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. Flas Salute . Mayor Roegner led those in attendance in the pledge of allegiance. B. R l0 1 Call Those in attendance included Mayor Bob Roegner and Councilmembers Whittall, Wagner, Burns, Larson, Brothers, Barber, and Kurle. Staff members in attendance included Fire Chief Bob Johnson, Parks & Recreation Director Len Chapman, Police Chief Jake Evans, Police Captain Bill Pitzl, Public Works Director Frank Cunie, Finance Director Pat Dugan, Planning - Director Steve Lancaster, City Attorney Stephen Shelton, and City Clerk Robin Wohlhueter. Also in attendance was Councilmember-elect Trish Borden. C. Announcements and Annointments 1. Announcements a. As an expression of sympathy, Mayor Roegner presented a plaque to Mrs. Jeanne Monroe honoring her late son, 1st Lt. Michael N. Monroe; who served in the Desert Shield Operation in Saudi Arabia. Mrs. Monroe accepted the plaque and shared a story she was told by the men who served with her son Michael. Michael had a bet with the men he served with as to who had the best home town. After the Persian Gulf tour, they were a1T going to visit each town. She said that Mike was sure he would win because there was no place like Aubum. She thanked the Council for the plaqne, and Jim Wells for making the plaque. 2. Annointments A18 , a. Boards & Commissions Arts Commission Term to Exoire Donald Gardner 12/31 /94 Rev. Bob Ward 12/31 /94 Bonnie Egbert 12/31 /94 Civil Service Commission r, CITY OF AUBURN COUNCIL MEETING December 17, 1991 Virgil Hofkamp 12/31/97 Human Resources Board Lillian Kitchell 12/31/96 Park Board Mary Galdwell 12/31/94 ' Koji Norikane 12/31/94 Modon by Councilmember Larson, second by Councilmember Kurle to concur in the appointments of the above referenced boazds. MOTION CARRIED UNANIMOUSLY. 7-0. D. Aaenda Modifications A3.6.6, A1.4.1, F4.3 Mayor Roegner noted the agenda modification. The agenda modification is for consideration of agenda item VII.B.4. with regard to an interlocal agreement establishing the City of Auburn Municipal Court for the City of Algona and establishing filing fees. II. CITIZEN INPUT. PUBLIC HEARINGS-& CORRESPONDENCE A. Public Hearings - None. B. Audience Particination Recognizing the large number of people in the audience this evening, Mayor Roegner requested a show of hands from those citizens wishing to comment tonight under audience participation. There were approximately sixty people in the audience this evening including the owners, employees and citizens supporting Miles Sand & Gravel. There were five citizens, including Frank Miles, who raised their hand wishing to speak before the Council this evening under audience participation. Mayor Roegner explained that at the last Council meeting testimony was allowed to a number of people with regard to Miles Sand & Gravel issues. After that meeting Mayor. Roegner requested City Attorney Stephen Shelton provide him with a legal opinion with regard to the propriety of citizen comments to the Council regarding a quasi- judicial matter that has not been before the Council. Stephen Shelton briefl y discnssed his legal opinion with regard to the quasi- judicial process. He explained that the City Council performs two roles; one of a legislative body and one of quasi-judicial which are separate from each other. During a quasi- judicial process the Council as a whole acts as a judge. This process only arises when they have to make a decision that determines the legal rights, duties or privileges of specific parties. Mr. Shelton recommended that those people wishing to speak before the Council this evening with regard to the Miles Sand & Gravel issues not be allowed to address the Council tonight because it would violate the PAGE 2 ; CITY OF AUBURIV COUNCIL MEETING December 17, 1991 "Appeara.nce of Faimess Doctrine--Limitations" codified as RCW 42.36. He said Miles Sand 8t Gravel have two appeals which will be before the Hearing Examiner sometime in January. He said each Councilmember is prohibited by RCW 42.36 from.engaging in any communication with opponents or proponents with regard to the Miles Sand & Gravel issues. By doing so, Councilmembers would have to announce any such contact and could disqualify themselves in participating in the hearing. This preserves the ..integrity of the hearing at the scheduled time it is to be heard, and prevents a chance for a Councilmember to be disqualified from participation in future, quasi-judicial hearings. Mr. $helton announced there would be an opportunity for testimony and participation at the Heazing Examiner meeting scheduled in January, 1992. Mayor Roegner announced those people wishing to attend the Hearing Examiner meeting to call the Planning Department to get the schedule of when the hearing will be held. Audience participant Mr. Sprenger thanked those persons leaving the Council Chambers for attending the Council meeting this evening. William Morchin - 1345 East Main Street, Auburn, WA Mr. Morchin commented on the parking situation in Aubum. He suggested City of Auburn employees park in designated pazking areas and not in two hour parking zones near city hall. Jim Snrenger 230 Auburn Way North, Auburn, WA Mr. Sprenger expressed concern with the permit process currendy used by the City of Aubum and the procedures that are followed. Mr. Sprenger challenged the Council to ensure the administration is responsive to the public it serves. Paul Nessel - Lake Tapps, WA Mr. Nessel stated he wanted to speak with regard to his employment at Miles Sand & Gravel. Mayor Roegner asked Mr. Nessel to contact the Planning Department to obtaia the appropriate schedule of when the Hearing examiner will review Miles Sand & Gravel issue. C. Corresoondence - None. III. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municinal Services Chairman Whittall reported that the Municipal Services Committee met on December 9, 1991 to discuss solid waste rate increases, and Resolution No. 2261 and other issues as they appear in the agenda. B. Plannins & Communitv Develonment Chairman Bums reported the~Planning & Community Development Committee met on December 9, 1991 and the minutes are of public record. The next Planning & Community Development Committee meeting is scheduled for Monday, December 23, 1991 at 7:30 p.m. PAGE 3 . CITY OF AUBURN COUNCIL MEETING December 17, 1991 C. Public Works Chairman Kurle reported the Public Works Committee met prior to the Council meeting this eyenirig to discuss two items. Those items discussed included to Street Improvement No. 281 and Street Improvement.No. 246, and the committee recommends approval. The next meeting of the Public Works Committee will be in 1992. D. Finance Chairman Brothers reported that fhe Finance Committee met at 7:20 p.m. prior to the Council meeting tonight to review those items on this evening's agenda, including claims and payroll. The next meeting of the Finance Committee will be prior to Council meeting in 1992. IV. CONSEN'I' AGENDA A. Minutes 1. Minutes of the December 2, 1991 regular Council meeting. 2. Minutes of the November 25, 1991 Budget Workshop. B. Vouchers F4.9.2, F4.9.5 . 1. Claim numbers 68293 through 68765 in the amount of $1,229,146.66 and dated December 16, 1991. 2. Payroll numbers 173464 through 173942 in the amount of $701,583.20 covering the pay period from 11 /2?/91 to 12/06/91 are approved this ' 17th day of December, 1991. C. Surnlus Prooertv F4.6.1, 1991 Police Deoartment Recommend tfie listed property as surplus and to be donated to Toys for Tots and Teens Program:, Huffy 20" boys `BMX-Sears orange 10-speed with no seat Innsbr boys bicycle -Huffy White 10-speed 24" boys Rally black/pink 24" 10'-speed boys Columbia red, mens 10-speed w/yellow child seat 26" White men's 10-speed-Schwinn girl's red 10-speed Freespirit Red 24", men's tiicycle-Huffy Black BMX, no seat Huffy, complete Ser 80767HiTFFY2027-Murray gray/blue w/botde blue seat Murray, Blue 10 speed bicycle-Spalding red/white BMX off road bike Murray 24" pink girls 3-speed-Boys orange bike , Orange bicycle Schwinn Boyx mountain bike, blue Huffy 20" BMX, black Huffy' 20" BMX, blue JC Penney girls 10-speed, tan ~ PAGE 4 • . CITY OF AUBURN COUNCIL MEETING December 17, 1991 Huffy White/green BMX, Ser 92827HUFFY21887 10 speed bike Shiman 10 speed bike, red Huffy girls children's BMX white/pink/lavender Schwinn Red boyx 22" 10-speed bike Chrome BMX bike Kent boys bike small red, one speed Bianch blue 10 speed American boys 10-speed, red D. Interfund Loan F4.7 1. To request interfund loan in the amount of $250,000.00 to Fund 434 (Solid Waste) from Fund 431 (Sewer Fund) at the rate of 5.5096 for the period 11-30-91 to 11-30-92. F. Contract Administration ~ 1. Street Imnrovement No. 281 04.9.1 Street Improvement No. 281 Recommend approval of Change Order No; 1, for Street Improvement Na 281, S. 277th Street Project, to Robison Construction, Inc. in the amount of $27,126.60. 2. Street Imnrovement No. 246 04.9.1 Street Improvement No. 246 Recommend approval of amended pay estimate No. 14, to Klokstad Construction, Co: in the amount of $6,146.50 for Street Improvement No. 246, Contract 90-04, Harvey Road Project. Motion by Councilmember Larson to approve Consent Agenda Item IV.A through IV.F.2. Second by Councilmember. Kurle. MOTION CARRIED UNANIMOUSLY. 7-0. V. OLD BUSINESS - None. VI: NEW BUSINESS - None. VII. ORDINANCES AND RESOLUTIONS A. Ordinances ' City Attorney Stephen Shelton read the titles to each ordinance. 1. Ordinance No. 4531 - F6.6.3 An Ordinance of the City Council of the City of Auburn, Washington, determining and fixing the amount to be raised by Ad Valorem taxes for fiscal year 1992 foi the City of Auburn, Washington, pursuant to the provisions. of R.C.W. 35A.33.135. PAGE 5 ; . CITY OF AUBURN COUNCIL MEETING December 17, 1991 Motion by Councilmember Brothers, second by Councilmember Whittall to introduce and adopt Ordinance No. 4531. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Ordinance No. 4533 A3.4.1 An Ordinance of the City of Aubum, Washington, authorizing execution of an interlocal agreement for establishment of the Growth Management Planning Council of King County to develop county wide planning policies. Modon by Councilmember Burns, second by Councilmember Brothers to introduce and adopt Ordinance No. 4533. MOTION CARRIED UNANIMOUSLY. 7-0. . 3.. Ordinance No. 4534 F3.5, 1991 Budget Amendments An Ordinance of the Gity Council of the CiLy of Auburn, Washington, authorizing the Mayor to accept Schedule "A" which relates to the City of Aubum 1991 Budget reallocation of various funds pursuant to RCW 35A33.120. Motion :by Councilmember Brothers, second by Councilmember Barber to introduce and adopt Ordinance No. 4534. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Ordinance No. 4535 03.10.1 CUP0007-91 An Ordinance of the City of Aubum, Washington, providing for a Condidonal LTse Permit to a11ow 40 mechanical amusement_ devices as . part of a family oriented sports theme entertainment facility to be known as "Auburn Family Sports Center" located at 340 East Main, within the City of Auburn. Motion by Councilmember Burns, second. by Councilmember Brothers to introduce and adopt.Ordinaace No. 4535. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Ordinance No. 4537 F4.3, 04.7 An Ordinance of the City of Auburn, Washington, amending Section 8.08.230 of the Auburn City Code to implement a new solid waste rate structure to incorporate the King County tipping fee increase. PAGE 6 CITY OF AUBURN COUNCIL MEETING December 17, 1991 Modon by Councilmember Whittall, second by Councilmember Wagner to introduce and adopt Ordinance No. 4534. MOTION CARRIED UNANIMOUSLY. 7-0. 6. Ordinance No. 4538 A3.5.5.10, An Ordinance of the City Council of the City of Aubum, Washington, amending Auburn City Code Chapter 10.08 endtled "Traffic Violations Bureau" to be consistent with the establishment of the City of Auburn Municipal Court. Motion by Councilmember Whittall, second by Councilmember Wagner to introduce and adopt Ordinance No. 4538. MOTION CARRIED UNANIMOUSLY. 7-0. B. Resolutions 1. Resolution No. 2256 05.1.2 . A Resolution of the City Council of the City of Aubum, Washirigton, authorizing the Mayor and City Clerk to enter into an agreement for artwork with Brad E. Rude to provide a sculpture in the Centennial Viewpoint Park. Motion by Councilmember Burns, second by Councilmember Brothers to approve Resolution No. 2256. MOTI4N CARRIED UNANIMOUSLY. 7-0. 2. Resolution No. 2259 ' 04.4:7 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Glerk to enter into an agreement with the Bench Craft Company to provide custom designed tee-markers a the Auburn Municipal Golf Course. Motion by Councilmember Burns, second by Councilmember Brothers to approve Resolution No. 2257. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Resolution No. 2261 03.11.2 A Resolution of the City Council of the City of Aubum, Washington, authorizing the 'Mayor and City Clerk enter into a social services contract between the City and the Housing Authority of King County. PAGE 7 . ' . CITY OF AUBURN COUNCIL MEETING December 19, 1991 Motion by Councilmember Whittall, second by Councilmember Wagner to approve Resolution No. 2261. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Resolution No: 2262 A 1.4.1, F4.3 A Resolution of the City:Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk enter into an interlocal agreement establishing the City of Auburn Municipal Court for the City of Algona and establishing filing fees. Prior to reading Resolution No. 2262, Councilmember Whittall agrees with concerns raised by Councilmember Wagner with regard to the interlocal agreement with the City of Algona in establishing court services with the City of Auburn. Stephen Shelton explained the legal process involved in the City of Algona pulling away from Aukeen District Court. Discussion centered around some of the concerns of the Council such as the amount of workload, court location, resolution review, and the concept being presented this evening. Motion by Councilmember Whittall to adopt the Resolution No. 2262 subject to review and final approval of the•Municipal Services Committee. Second by Councilmember Barber. Under discussion, Councilmember Brothers indicated he would not be able to vote on this Resolution tonighf due to some concerns that he • has. Councilmember Burns explained the legal process Algona has been through in notifying King County's Aukeen District Court that services were no longer needed. At that time, Auburn was aware that Algona wanted to join our court. Councilmember Burns requested staffing levels and projections with regard to budgeting for the municipal court. Finance Director Pat Dugan responded to the concerns raised. Councilmember Whittall withdrew his motion, and Councilmember Barber withdrew her second on the motion. Motion by. Councilmember Barber, second by Councilmember Larson to approve Resolufion No. 2262. Under discussion, most of the Councilmembers felt a better identification of the basic issues before the Council with regard to Resolution No. 2262 required further discussion. Councilmember Barber withdraws her motion, and Councilmember Larson withdraws his second on the motion. PAGE 8 ~ CITY OF AUBURN COUNCIL MEETIIVG December 17, 1991 ~ Discussion center around fixing a time to adjouin on December 18, 1991 in order to further discuss the interlocal agreement with the City - of Algona. Please refer to IX. of these minutes. , VIII. MAYOR'S REPORT - None. A. Executive- Session Mayor Roegner announced there would an executive session for approximately fifteen to tiwenty minutes to discuss personnel issues. After completing the Executive Session and reconvening the regular meeting, modon by Councilmember Larson, second by Councilmember Kurle that fhe Chief Executive Officer increase 796 of the base salary, and the deferred _ compensation be paid the same dollar amount as last year. MOTION CARRIED. 5-2 with Councilmembers Brothers Whittall voting no. Motion by Councilmember Whittall, second by Councilmember Larson to approve an 5.596 increase for unaffiliated employee and an average of 6.196 increase for Department Heads effective January 1, 1992. MOTION CARRIED. 6-1 with Councilmember Brothers voting no. IX. ADJOURNMENT At 10:20 p.m. it was t_he consensus of the Council to continue the meeting until 5:30 p.m. tomorrow, December 18, 1991 for the purpose of reviewing Resolution No. 22 : . . , ` Bob Roegner, Mayor Robin Wohlhueter, City Clerk 91M12-17 ' PAGE 9 6 O - I h, L)gUR~ ~ q'~✓D . ' oa CITY OF AUBURN CITY COUNCIL MEETING MINUTES ti TEDecember 18, 1991 5:30 p.m. 1. CALL TO ORDER The reconvened the continued regular meeting of December 17, 1991 of the City of Auburn Council was. called to order by Mayor Bob Roegner at 5:30 p.m. in the City of Auburn Council Chambers. VII. ORDINANCES AND RESOLUTIONS A. Ordinances - None. B. Resolutions 4. Resolution No. 2262 A 1.4.1, F4.3 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk enter into an interlocal agreement establishing the City of Aubum Municipal Court for the City of Algona and establishing filing fees. Finance Director Pat Dugan briefed the Council on the short-term and long-term impacts the City of Algona would have if they entered into a contract with the City of Auburn Municipal Court to provide court services. Beginning January 1, 1992 the City of Auburn Municipal Court will begin accepting filings. A Judge has been appointed. We have secured the services of two qualified Municipal Court Clerks to open the Court while the search continues for a Court Administrator. A computerized court system will be installed to begin accepting cases. Pat Dugan stated a temporary court facility is being established in City Hall. He anticipates US West to vacate the old telephone building across the street from City Hall sometime in February. This depends, however, if US West is able to locate a place for their staff. The Court room and administTative offices will be moved to this permanent location as soon as a court room is built. During the Municipal Court study that was conducted last year, Pat Dugan stated it became evident three clerical staff positions would be • needed. They are an Administrator, and two Court Ckrks. After the first year and depending on the case load, we may need to add a fourth clerk. Cunendy, he said, only two of the clerical positions are filled. Interim arrangements are currently being made for security . CITY OF AUBURN COUNCIL MEETING December 18, 1991 reasons. Filings begin on the first of January, 1992. Jury trials will begin approximately three months later. Pat Dugan continued to report that Algona fits into our plan as a contingency plan because we did not know at the time the budget was prepared if they would agree. to join our court. Mr. Dugan's final budget analysis revealed the support ,for another court clerk should we agree to the interlocal agreement with Algona. The budget was prepared based upon Algona's 1990 filings. Council discussion centered around staffing levels, filing fees, projected revenue, and types of cases the Auburn Municipal Courts will hear. They also asked about the role of the Court Administrator and Court Clerks, and what kind of probation services will be provided. Staff responded to the Council's questions and concerns raised during the discussion. After a thorough examination. of the proposed budget and basic concerns were addressed, the Council felt comfortable in taking action on Resolution No. 2262. Motion by Councilmember Whittall, second by Councilmember Wagner to approve Resolution No. 2262. MOTION CARRIED LTNANIMOUSLY. 7-0. VIIY. MAYOR'S REPORT - None. Llovd Enternrises Mayor Roegner briefed the Council on comments made by Mr. Sprenger at the December 17, 1991 meeting with regard to Lloyd Enterprises. He said staff is working with Mr. Lloyd in winterizing the hillside near 15th Street , N.W. A letter will be prepared in response to Mr. Sprenger's comments. Mayor Roegner said follow-up letters have been mailed in response to Mr. • Morchin's questions that were raised at a recent Finance Committee meeting and Gouncil meedng. Council-Elect Mayor Roegner reminded the Council of the sweazing in ceremony scheduled prior to the Council meeting on January 6, 1992 at 6:30 p.m. Mayor Roegner gave outgoing Councilmaa Bud Larson his name tag, and thanked him for his service to the City of Auburn. A. Executive Session - see minutes of the December 17, 1991 meeting. IX. ADJOURNMENT. The meeting adjourned at 6:14 p.m, . PAGE 2 . • ~ CITY OF AUBURN COUNCIL MEETING December 18, 1991 • , Bob Roegner, Mayor Robin Wohlhueter, City Clerk 91M12-18 PAGE 3