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.
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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.
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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.
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City of Auburn Council Meetin,q Minutes February 6, 1995
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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
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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
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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.
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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.
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City of Auburn Council Meetinq Minutes February 6, 1995
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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.
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City of Auburn Council Meetin.q Minutes February 6, 1995
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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.
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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
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