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HomeMy WebLinkAbout02-06-1995 CITY Of AUBURN COUNCIL MEETING MINUTES February 6, 1995 7:30 p.m. I. CALL TO ORDER Co Fla.q Salute Mayor Booth called the meeting to order at 7:30 p.m. and led those in attendance in the pledge of allegiance. Roll Call Those in attendance included Mayor Booth and members of the Auburn City Council as follows: Pat Burns, Virginia Haugen, Trish Borden, Jeanne Barber, Stacey Brothers, and Don Kurle. Councilmember Wagner was excused. Staff members present included Police Chief Dave Purdy, Fire Chief Bob Johnson, Personnel Director Brenda Kennedy, Parks and Recreation Director Len Chapman, Finance Director Victor Thompson, Public Works Director Frank Currie, City Engineer Dennis Dowdy, Senior Engineer Dennis Selle, Planning and Community Development Director Paul Krauss, Associate Planner Bill Mandeville, Senior Planner Lynn Rued, Acting City Attorney Michael Reynolds, Assistant City Attorney Judy Ausman, and City Clerk Robin Wohlhueter. Announcements and Appointments 1. Announcements - None. 2. Appointments - None. A,qenda Modifications The agenda modification, distributed to Councilmembers prior to the meeting, transmits a map inadvertently left out of some Councilmembers packets related to VI.A., Application No. REZ0003-94. Page1 City of Auburn Council Meetinq Minutes February 6, 1995 II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings - None. B. Audience Participation Mayor Booth asked for citizen participation. Ken Kinared - PO Box 3866, Bellevue, WA 98009 Mr. Kinared, Henderson Homes, Inc., stated he is of the opinion that an adversarial climate existed at the last City Council meeting. He mentioned Henderson Homes, during the last five years, has extended invitations to City officials and staff members to make a presentation with regard to development of Lakeland in Pierce County. He further pointed out Auburn is the only jurisdiction that did not invite Henderson Homes, Inc., to make a presentation with regard to Henderson's development of Lakeland in Pierce County. Mr. Kinared offered to help breakdown a barrier with the private sector, Pierce County, and the City. Wendy Barnett-Belcheff - 4040 I Street N.E., Auburn, Washington, 98002 Wendy Barnett-Belcheff asked if a public hearing would be held prior to a rezone on property referenced in Council Agenda Item VI.A., Application No. REZ0003-94. Lynn Rued, Senior Planner pointed out this item is scheduled for review by the City Council under New Business this evening. He said the Hearing Examiner held a public hearing and has made a recommendation to the City Council. Mr. Rued pointed out the Council may conduct its own public hearing on this issue. Wendy Barnett-Belcheff requested a public hearing be held on Council Agenda Item VI.A. Virginia Moses - 114 M Street S.E., Auburn, Washington 98002 Virginia Moses expressed concern with regard to a water billing issue. Mrs. Moses stated she contacted City Hall to find out when a meeting would be held with regard a water billing issue. She stated she was told the meeting to discuss the water billing issue would be addressed at a Public Works Committee meeting. Mrs. Moses' concern centers around the percentage of increase in water rate as reflected on her billing during the month of October. Page 2 City of Auburn Council Meetinq Minutes February 6, 1995 Mike Reynolds, Acting City Attorney, stated when the rates were raised it was not the intent of the City Council to bill utility customers retroactively. But after checking how the ordinance was implemented into the City's data processing system, some utility customers were billed for usage prior to January 1. Mr. Reynolds explained there are different classifications of utility billing customers which are staggered into divisions of the City. One division, the division Mrs. Moses is in, was billed retroactively from November and December. He said the billing was in error because it reflected an increase in rates for those two months prior to January 1. Mr. Reynolds explained the Finance staff will be looking at the City's data processing system, and will credit utility customers who were billed in error. Councilmember Haugen asked if staff has contacted Mrs. Goodfellow with regard to her utility bill. Mayor Booth assured staff would follow up Mrs. Goodfellow's complaint. Correspondence-None. III. COUNCIL COMMITTEE REPORTS A3.7.6 Municipal Services Municipal Services Committee Chair Brothers reported the Municipal Services Committee met this afternoon at 4:30 p.m. to review TCI Cable TV business summary, information regarding proposed costs and costs incurred for the remodel of the Municipal Services Annex building, surplus of one IBM typewriter, and Resolution No. 2604 related to an Emergency Medical Services Contract. The next meeting of the Municipal Services Committee is scheduled for Monday, February 21, 1995 at 4:30 p.m. Plannin.q & Community Development Committee Chair Burns reported the Planning and Community Development Committee met Tuesday, January 24, 1995, and items covered at the meeting are reflected in the Committee's report. He said staff updated Committee members on the Comprehensive Library Plan, and discussed an annexation issue and annexation policies. Councilman Burns asked Councilmembers to contact him with regard to conducting a workshop on changing the City's annexation policies. The next meeting of the Planning and Community Development Committee is scheduled for Tuesday, February 14, 1995 at 5:30 p.m. Page 3 City of Auburn Council Meetin,q Minutes February 6, 1995 Co Ao Co Public Works Vice Chair Burns reported the Public Works Committee met on January 23, 1995. Items discussed included an agreement with the Regional Water Association, protests filed with regard to LID 346, and Levels of Service (LOS) LOS C to LOS D. The next meeting of the Public Works Committee is scheduled for February 13, 1995 at 5:30 p.m. Finance Finance Committee Chair Barber reported the Finance Committee met this evening at 7:00 p.m. to discuss claim and payroll vouchers. Chair Barber recommended Council approval of those vouchers as they appear later in tonight's agenda. The next meeting of the Finance Committee is scheduled for Tuesday, February 21, 1995, at 7:00 p.m. IV. CONSENT AGENDA Minutes 1. Minutes of the January 17, 1995 regular Council meeting. Vouchers F4.9.2, F4.9.5 1. Claims numbers 98738 through 99170 covering period 14 in the amount of $1,042,297.13 dated February 6, 1995. Payroll check numbers 212370 to 212740 in the amount of $635,592.65 and Direct Payroll Deposit transmissions in the amount of $138,452.32 for a grand total of $774,044.97 for the pay period covering January 12, 1995 to January 23, 1995 and dated February 6, 1995. Utility Bill Adjustment F4.5.2 Recommend approval of utility bill adjustment to the following accounts: 2.23.1590 $158.14 3.34.1380 $118.94 1.19.4020 $779.37 Contract Administration Public Works Project No. 523 F2.4.9 LID, O4.9.1 Page 4 City of Auburn Council Meetin,q Minutes February 6, 1995 Request permission to advertise for bids for Public Works Project No. 523, Contract No. 95-01, West Main Street from Auburn Avenue to the Burlington Northern Railroad tracks. E. Surplus Property Police Department F4.6.1 To declare as surplus the following city-owned equipment and be transferred to maintenance and operation for disposal through auction: An IBM Selectric II typewriter, Serial #266863620. Purchased originally for $800. It is no longer operational. Motion by Councilmember Kurle, second by Councilmember Burns to approve Consent Agenda Items IV.A. 1 through IV. E. 1 MOTION CARRIED UNANIMOUSLY. 5-1 with Councilmember Haugen voting no. V. UNFINISHED BUSINESS At the January 17, 1995 Council meeting, the following issues were referred to a special council meeting scheduled for February 14, 1995 at 5:30 p.m. Application Nos. PLT0005-90 and PLT0006-90 03.5 PLT0005-90, 03.5 PLT0006-90 The request of Henderson Development, Inc., to amend the plat applications to allow for changes in street and lot layouts in order to accommodate the construction of the 211-1ot single family subdivision located in Divisions 9, 10, 12, 13, and 14 of Lakeland Hills. Bo Application No. MIN0001-90 03.10.3 MIN0001-90 The request of Henderson Development, Inc., to amend the mining permit to allow an additional 222,000 cubic yards of material to be excavated in order to accommodate the construction of the 211-1ot single family subdivision located in Divisions 9, 10, 12, 13, and 14 of Lakeland Hills. Councilmember Burns recalled at the last City Council meeting public hearings were held on Application Numbers PLT0005-90, PLT0006-90, and MIN0001-90 and were closed. He said, on advice of City's Acting Page 5 City of Auburn Council Meetinq Minutes February 6, 1995 City Attorney, no other public testimony can be taken. Councilmember Burns indicated he is under the impression some Councilmembers would like the ability to ask more questions, and felt it was appropriate to reopen the public hearing. Councilmember Burns moved to reopen the public hearing and set it over to February 14, 1995. Acting City Attorney Reynolds advised this date would not give staff enough time to meet public notice requirements. It was decided to reopen the public hearing prior to the next City Council meeting on February 17, 1995 at 5:30 p.m. Mr. Reynolds requested a motion to set a date to reopen the public hearings. Councilmember Burns moved to reopen public hearings on Application Numbers PLT0005-90, PLT0006o90, and Application Number MIN0001- 90 in a joint meeting of the Planning & Community Development Committee and Public Works Committee on Friday, February 17, 1995 at 5:30 p.m. for recommendation back to the full City Council. The motion was seconded by Councilmember Borden. Under discussion, Acting City Attorney Reynolds clarified that the notice of the meeting should be published as a special meeting of the Auburn City Council due to the presence of a quorum of the City Council. Councilmember Burns concurred as long as the public receives notice. Councilmember Haugen asked to be excused from the special meeting. At Councilmember Brothers' request, Councilmember Burns restated his motion. Councilmember Bums moved that the public hearing previously closed be reopened on Application Numbers PLT0005-90 and PLT0006- 90, and Application Number MIN0001-90, and the public hearing be reopened on Friday, February 17 at 5:30 p.m. The motion was seconded by Councilmember Borden. Councilmember Brothers asked if it was appropriate to include in the motion that this is a special Council meeting. Councilmember Burns and Mayor Booth discussed whether or not this meeting is considered a special meeting of the City Council. Mayor Booth stated that you cannot recess a public hearing from a City Council meeting to a Committee meeting for continuation of a public hearing. Councilmember Burns agreed it is a special Council meeting and assumed if only members of the Planning & Community Development Committee and the Public Works Committee attend the meeting, they could make a recommendation to the full City Council at a subsequent City Council meeting. Page 6 City of Auburn Council Meetin,q Minutes February 6, t995 Councilmember Brothers asked to be excused from the special council meeting. Acting City Attorney Reynolds stated any Councilmember can ask to be excused from a Council meeting. Councilmember Brothers was excused from the special meeting. MOTION CARRIED. 5-1 with Councilmember Haugen voting no. VI. NEW BUSINESS - None. Application No. REZ0003-94 03.8 REZ0003-94 The request of Jimmy J. Harkey and Auburn Youth Resources to rezone 3.61 acres of property located at Auburn Way North between 37th N.E. and 40th NE from C-1, Light Commercial, to C-3, Heavy Commercial zone. It was moved by Councilmember Burns to schedule a public hearing on Application No. REZ0003-94. Councilmember Haugen seconded the motion. MOTION CARRIED UNANIMOUSLY. 6~0. Councilmember Hau,qen Requests Councilmember Haugen asked the procedures when responding to Councilmember Brothers volunteered Municipal Services Committee Agenda. Police Department to provide a sexual abuse situation. to add this item to the next Councilmember Haugen further asked for information with regard to the legality of the water billing issue. Acting City Attorney Reynolds explained that some accounts were retroactively billed due to data processing's implementation of the ordinance and the computer's program for billing. He said the retroactive billings are inappropriate, and will be corrected. Councilmember Haugen further asked what the legality is in billing utility customers retroactively. Due to the error in billing some accounts retroactively, implementation of the ordinance was not legal. Mr. Reynolds further stated the City was made aware of the error by a citizen. These errors, he said, will be credited on accounts billed in error. Acting City Attorney Reynolds requested Council clarification in setting a date and time for the public hearing on Application No. REZ0003-94. Page 7 City of Auburn Council Meetinq Minutes February 6, 1995 Ao As maker of the motion and with consent of the second, Councilmember Burns explained it was his intention that the public hearing be called for at the next regularly scheduled City Council meeting. Acting City Attorney Reynolds recommended a motion to set the date. The motion was so moved to schedule a public hearing at the next regularly scheduled meeting on Application No. REZ0003-94. MOTION CARRIED UNANIMOUSLY. 6-0. VII. ORDINANCES AND RESOLUTIONS Ordinances - None. Resolutions Resolution No. 2604 02.2 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 Contract Amendment to Emergency Medical Services Contract between the City of Auburn and King County for 1992-1997 and specifying the 1995 funding total for basic life support services. Motion by Councilmember Brothers, second by Councilmember Barber to adopt Resolution No. 2604. MOTION CARRIED UNANIMOUSLY. 6-0. Resolution No 2605 A3.13.4 A Resolution of the City Council of the City of Auburn, State of Washington, declaring the authorization to trade a city owned parcel of land, Tax Parcel No. 173580-0135 as legally described (See Exhibit "A" attached hereto and incorporated herein), for a like privately owned parcel of land, Tax Parcel No. 173580-0065 as legally described (See Exhibit "A" attached hereto and incorporated herein) plus a payment in the amount of $22,010.00 agreed per the purchase and sale of agreement between the City of Auburn and James L. Carpenter and Iris L. Carpenter dated December 13, 1994 for resolution of a condemnation matter in King County Superior Court. Page 8 City of Auburn Council Meetin.q Minutes February 6, 1995 Ao Motion by Councilmember Burns, second by Councilmember Kurle to adopt Resolution No. 2605. It was noted the location of this property is across the street from Buds and Blooms. Councilmember Haugen asked for an explanation of Resolution No. 2605. Acting City Attorney Reynolds stated sometime ago the Council authorized staff to file condemnation action for certain projects on Auburn Way North. Two properties were involved in that action. This resolution authorizes a property trade plus consideration to settle condemnation action. MOTION CARRIED UNANIMOUSLY. 6-0. Resolution No. 2611 A Resolution of the City Council of the City of Auburn, Washington, adopting the City of Auburn's 1995 Consolidated Plan for Housing and Community Development programs within the city of Auburn. Motion by Councilmember Burns, second by Councilmember Kurle to adopt Resolution No. 2611. MOTION CARRIED. 5-1 with Councilmember Haugen voting no. IX. MAYOR'S REPORT Executive Session Acting City Attorney Reynolds stated an Executive Session is required for approximately 30 minutes to discuss potential litigation. The meeting recessed to Executive Session at 8:12 p.m. Page 9 City of Auburn Council Meetin,q Minutes February 6, 1995 X. ADJOURNMENT The meeting reconvened at 8:30 p.m. and there being no further business to come before the City Council, the meeting adjourned at 8:31 p.m. Charles A. Booth, Mayor 95M2.-6 Robin Wohlhueter, City Clerk Page 10