HomeMy WebLinkAbout11-06-1995 CITY OF AUBURN
COUNCIL MEETING MINUTES
November6, 1995 7:30 p.m.
CALL TO ORDER
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.
Bo
Roll Call
Those in attendance included Mayor Booth and members of the
Auburn City Council as follows: Pat Burns, Rich Wagner, Virginia
Haugen, Trish Borden, Jeanne Barber, Stacey Brothers, and Don
Kurle. Staff members present included: Police Chief Dave Purdy,
Fire Chief Bob Johnson, Personnel Director Brenda Kennedy,
Parks and Recreation Director Len Chapman, Assistant Finance
Director Arlene Mempa, Public Works Director Frank Currie, City
Engineer Dennis Dowdy, Utilities Engineer Dwight Holobaugh,
Planning and Community Development Director Paul Krauss, City
Attorney Michael Reynolds, City Clerk Robin Wohlhueter, and
Deputy City Clerk Dani Daskam.
C. Announcements and Appointments
1. Announcements
a)
Proclamation
Councilmember Trish Borden to present Joe Eaton a
proclamation officially recognizing members of the US
Navy Armed Guard who served during World Wars I
and I1.
Mayor Booth read a proclamation honoring members
of the United States Navy Armed Guard for their
service during World Wars I and I1. On behalf of
Mayor Booth, Councilmember Trish Borden
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City of Auburn Council Meetinq Minutes November 6, t995
II.
presented the proclamation to US Navy Armed Guard
representatives Joe Eaton, Hank Harrison, and Jim
Davies.
Appointments
There were no appointments for consideration.
Agenda Modifications
Agenda Modifications include the addition of a request to declare
property surplus and available for auction transmitted under Item
IV.F of these minutes and the addition of Resolution No. 2679
transmitted under item VII.B.3 of these minutes.
CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
Prior to publication of the Council Agenda, the City received a
notice of withdrawal of their appeal from appellants William &
Joyce Peloza on Application No. CAP0001-95.
Application No. CAP0001-95
A3.23.1 CAP0001-95, 03.10.2
City Council to consider an appeal filed by William J. and
Joyce D. Peloza on the Hearing Examiner's decision dated
September 29, 1995 for conditional approval of Application
No. MIS0005-95. Application No. MIS0005-95 is the
request of Evelyn Clair for a special home occupation permit
for a beauty salon within her home located at 3050 15th
Street SE in Auburn.
Mayor Booth announced that no action is to be taken on this
item as a result of the withdrawal of the appeal.
B. Audience Participation
Cyril Van Selus, 20 Riverview Drive SE, Auburn, WA
Mr. Van Selus stated his comments this evening are in
response to an article in the Tacoma New Tribune and made
comments with regard to Councilmember Burns.
Councilmember Burns interjected that the purpose of
Audience Participation is to address the City Council on
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City of Auburn Council Meetin,q Minutes November 6, 1995
issues that concern the City and is not a forum for personal
attacks.
Mr. Van Selus stated he wishes to speak to an article
containing interviews with two City Councilmembers.
City Attorney Reynolds stated Mr. Van Selus has the right to
comment on the article in generalities, and respectfully
requested Mr. Van Selus refrain from making personal
attacks on City Councilmembers.
Councilmember Haugen requested that Mr. Van Selus be
asked to not use Mr. Burns' name again.
Mr. Van Selus commented that it is interesting that people
can have their character slandered and be accused of being
dishonest, but citizens are not allowed to respond.
Eileen Robbins, 1840 "L" Street SE, Auburn, WA
Ms. Robbins stated she pays $5.50 per month in storm
drainage fees. She reported the area in front of her home is
flooded because of the rain and children have to walk
through the flooded area to Olympic Junior High School.
Ms. Robbins requested the storm drains be cleaned.
Ms. Robbins reported there is considerable theft occurring in
her neighborhood. Ms. Robbins described filing reports of
the thefts with the Police Department, but not receiving
results or adequate information. She requested increased
security in her neighborhood.
Ms. Robbins stated she has a deaf daughter who attends
Riverside High School where she believes her daughter's
rights under federal law are being violated. Ms. Robbins
urged the City to pursue the installation of flashing
emergency lights in all the bathrooms of the newly
constructed high school. She explained that if an
emergency should occur at the high school while her
daughter is in the restroom, she would not be able to hear
the emergency sirens. Ms. Robbins stated she has already
spoken to representatives of the school, and she requested
the City follow-up with her request. Mayor Booth requested
Fire Chief Johnson follow-up with Ms. Robbins' request.
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City of Aubum Council Meetinq Minutes November 6, 1995
Ms. Robbins also reported there is a break in the cable
television line near her home which causes service
disruptions whenever there is any extreme change in
temperature. Ms. Robbins stated she learned from TCl
Cable representatives that there is a small break in the line,
but they cannot locate it. Mayor Booth stated Public Works
Currie will pursue the problem with TCl Cable.
At the request of Mayor Booth, Police Chief Purdy
responded to Ms. Robbins' concerns about thefts in her
neighborhood. Chief Purdy stated thefts need to be
reported to the Police Department, and then they are
investigated. However, it is physically impossible to place
telephone calls to all persons filing complaints with the
department. Chief Purdy explained that recovered bicycles
are stored in a location which is not publicized for security
reasons. Persons trying to locate a stolen bicycle should
contact the Police Department and identify the bicycle with
either a serial number or detailed description.
Mayor Booth suggested Ms. Robbins look into forming a
Neighborhood Watch Program for her neighborhood, and
directed her to consult with Chief Purdy and Officer Kathy
Washburn.
Public Works Director Currie added that staff will check the
drains in Ms. Robbins' neighborhood. He stated that the
storm drains in most of the city, including "L" Street SE, are
undersized, but staff will check to make sure they are clean.
Mr. Currie explained the storm drainage fee is used to fund
storm drainage improvements in the city, and a storm
drainage improvement program is scheduled for the "L"
Street SE area.
Councilmember Vir.qinia Haugen
Councilmember Haugen asked when she can expect a
review of the State Audit Report. Mayor Booth stated he will
make comments with regard to the State Audit under Item
VIII, Mayor's Report, of these minutes.
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City of Auburn Council Meetin,q Minutes November 6, 1995
Correspondence
Memo dated November 6, 1995 to City of Auburn City Clerks
Office from William J. Peloza and Joyce D. Peloza with
regard to Appeal Number CAP0001-95/Hearing Examiner's
Decision.
Letter dated October 27, 1995 to Mr. Charles Booth, Mayor,
from Nina Auerbach, Executive Director of Child Care
Resources, regarding human services funding.
Letter dated October 12, 1995 to Pat Burns from Diana
Mamerto Holz, M.A. - Family Studies Coordinator from
Green River Community College regarding Child Care
Resources funding.
Letter dated October 16, 1995 to Auburn City Hall, Attention
Human Services Committee, from Michael P. Downs
regarding Child Care Resources funding.
Mayor Booth announced the receipt of a letter from Trish
Gustafson, Real Property Representative from King County
Property Services Division, to Family Trust, R.E. Stidham,
Trustee, dated August 29, 1995, regarding Offer to
Purchase King County Tax Title Property. City Attorney
Reynolds advised the subject issue of the letter came up in
the last Public Works Committee meeting. City Attorney
Reynolds explained the letter clarifies that Mr. Stidham
made an offer to purchase real estate belonging to King
County, but his offer was not accepted by King County.
Councilmember Brothers submitted for the record a letter
received from Kerri Zanoni.
Councilmember Brothers submitted for the record a letter
received from Judge Duncan Bonjorni. Councilmember
Brothers questioned an excerpt of Judge Bonjorni's letter
contained in the second paragraph of page 3. City Attorney
Reynolds stated in approximately 1986 there was a
significant change in the state statute with regard to
appointment of municipal court judges. City Attorney
Reynolds stated there is no question that the term of
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City of Auburn Council Meetin,q Minutes November 6, 1995
Municipal Court Judge shall be for four years, but the
confusion arises from when the four year term intervals
begin. According to City Attorney Reynolds, it appears the
state legislature intended to put municipal court judge
appointments existing at the time on four year intervals and
any appointments made thereafter would run for four years
from date of appointment. Judge Bonjorni is questioning
whether his term is running on the 1997 year interval rather
than the City's term of appointment expiring December 31,
1995. City Attorney Reynolds stated that most other
municipalities he has conferred with have taken the position
that the term of municipal court judge runs for four years
from the date of appointment. Judge Bonjomi was
appointed by the City of Auburn for a four term effective
January 1, 1992, and expiring December 31, 1995. City
Attorney Reynolds stated the ordinance, personal services
contract, and a subsequent "terms and conditions" letter to
Judge Bonjorni from Bob Roegner, former Mayor, all refer to
a four-year term. However, he discovered that the
resolution confirming the judge's appointment contains
language that the appointment is for a four year term, but
also includes that the term shall run from "January 1, 1992
until December 31, 1996." City Attorney Reynolds stated
the year 1996 is a typographical error, and the City must
rely upon the City's ordinance and state law which provide
for a four-year term for municipal court judge.
Mayor Booth stated a determination needs to be made by
December 1, 1995. Mayor Booth also added that he is very
satisfied with Judge Bonjorni and has no objection to Judge
Bonjorni continuing as Municipal Court Judge. Mayor Booth
stated the City proceeded under the interpretation that the
appointment is for a four term expiring December 31, 1995,
and conducted the same selection process as before.
Personnel Director Kennedy stated the recent selection
process for Municipal Court Judge was the same process
utilized in 1991. The interview process included two panels,
a technical panel and a managerial panel. Each panel
consisted of five members. A separate panel selected the
applicants to be interviewed.
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City of Auburn Council Meetin.q Minutes November 6, t995
III.
City Attorney Reynolds stated he will have the legal opinion
regarding the term of the appointment for judge reviewed by
Municipal Research and Services Center prior to making a
final determination.
Councilmember Brothers questioned whether there is a
vesting of the office. City Attorney Reynolds stated the
Municipal Court Judge would not be vested beyond the term
of office.
Mayor Booth stated another question regarding the position
of Municipal Court Judge is whether the position becomes
an elected position versus appointed. City Attorney
Reynolds stated he expects the position will become an
elected position in the not too distant future because of the
increasing number of hours required for the judge.
According to his research, once the position exceeds the
threshold of the number of hours to become an elected
position, an election would take place after the current
judge's term expires.
In response to a question from Councilmember Kurle, City
Attorney Reynolds stated he intends to issue an opinion on
Judge Bonjorni's letter prior to December 1, 1995.
COUNCIL COMMITTEE REPORTS
Municipal Services
Chair Brothers reported the Municipal Services Committee met this
afternoon at 4:30 p.m. Chair Brothers reported the Committee
discussed Resolution No. 2679 and recommends its adoption by
the City Council. Chair Brothers also reported the Committee
discussed television cable rate information as provided by TCI and
noted there has been a reduction in the basic cable service rates in
the city of Auburn. The Committee also reviewed the surplus of
police property. The next regular meeting of the Municipal
Services Committee is scheduled for Monday, November 20, 1995.
Bo
Planning & Community Development
Chair Burns reported the Planning and Community Development
Committee met October 23, 1995, and the minutes are a matter of
public record. Chair Burns requested the City Council's suppod of
the Planning and Community Development Committee items
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City of Auburn Council Meetin,q Minutes November 6, 1995
IV.
appearing on this evening's agenda. The next regular meeting of
the Planning and Community Development Committee is
scheduled for November 13, 1995 at 7:30 p.m.
Public Works
Chair Wagner reported the Public Works Committee met October
23, 1995, at 5:30 p.m. at which time the Committee received and
discussed the letter described in Item I1.C.5 of these minutes which
clarified the City's ability to acquire property to make a contiguous
easement for street and utility purposes. Chair Wagner reported
the Committee also discussed Resolution No. 2678 to execute an
interlocal agreement for a water project in the Lea Hill area which
is not indicative of an agreement to sell water, but is an agreement
to construct a project that Water District No. 111 is willing to pay
for in the hope that the City of Auburn and the District will come to
an agreement to furnish them water. The agreement is conditioned
upon a number of items including the City of Auburn securing
additional water rights. Chair Wagner also reported the Committee
discussed data supporting crosswalk marking policies. In
response to a question from Councilmember Brothers, Chair
Wagner estimated the Committee will provide a recommendation
on crosswalk marking policies within the next two months. The
next regular meeting of the Public Works Committee is scheduled
for November 13, 1995 at 5:30 p.m.
Finance
Chair Barber reported the Finance Committee met this evening at
7:00 p.m. Chair Barber stated Mayor Booth reported on the
resignation of Finance Director Thompson. Chair Barber reported
the Committee also reviewed claims and payroll vouchers and
requested their approval. The next regular meeting of the Public
Works Committee is scheduled for November 20, 1995 at 7:00 p.m.
CONSENT AGENDA
Minutes
1. Minutes of the October 16, 1995 regular Council meeting.
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City of Auburn Council Meetin.q Minutes November 6, 1995
B. Vouchers
F4.9.2, F4.9.5
Claims check numbers 106423 through 106900 in the
amount of $875,635.67 and dated this 6th day of November,
1995.
Payroll numbers 219180 to 219489 in the amount of
$567,871.01 and Direct Payroll Deposit transmissions in the
amount of $187,847.28 for a grand total of $755,718.29 for
the pay period covering October 11, 1995 to October 23,
1995 are approved for payment this 6th day of November,
1995.
Utility Bill Adjustment
F4.5.2
Recommend approval of utility bill adjustment to Account
Number 242.2760 in the amount of $494.55.
Call for Hearing
Auburn Downtown Association
A1.10
City Council to call for a public hearing to be held on
November 20, 1995, on use of funds contributed to the
Auburn Downtown Association by the Washington
SuperMall Interests L.P.
Community Development Block Grant Funds
F5.4.3
City Council to call for a public hearing to be held November
20, 1995, on the recommendation of the City's Human
Services Committee to reallocate $100,000 of 1995
Community Development Block Grant funds from the Youth
Center Project (BG9501) to the 1995 Housing Repair
Program (BG9510), and reallocate $20,000 in 1995 funds
from the Revolving Loan Fund project (BG9509) to a
program planning grant for the hiring of a consultant to study
the youth center concept and develop a curriculum for the
youth center.
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City of Auburn Council Meetin,q Minutes November 6, t995
VI.
Consolidated Plan
F5.4.3, 03.11.3
City Council to call for a public hearing on Monday,
December 4, 1995 on revisions to the City's Consolidated
Plan.
E. Contract Administration
Public Works Project No. 511
O4.10.2
City Council to approve Change Order #1 to Totem Electric
for Public Works Project No. 511, Signal Interconnect, in the
amount of $17,735.00.
Public Works Project No. 511
O4.10.2
City Council to approve Change Order #2 to Totem Electric
for Public Works Project No. 511, Signal Interconnect, in the
amount of $4,645.34.
Fo
Police Department Surplus Property
F4.6.1
City Council to declare the listed city property as surplus and
available for auction:
Item 12 Large tool box with miscellaneous tools and contents.
Beseler Photo enlarger Model 23C, Serial 23154941
#unknown
Simon Omega photo enlarger Model D2, Serial #151913
Motion by Councilmember Kurle, second by Councilmember Burns to
approve Consent Agenda Items IV.A. 1 through IV.F.
MOTION CARRIED UNANIMOUSLY. 7-0.
UNFINISHED BUSINESS
There were no items for City Council review under this section.
NEW BUSINESS
There were no items for City Council review under this section.
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City of Auburn Council Meetin,q Minutes November 6, 1995
VII.
ORDINANCES AND RESOLUTIONS
A. Ordinances
Ordinance No. 4800
O1.2, A3.5.5.10
An Ordinance of the City of Auburn, Washington, adding a
new subsection to Auburn City Code Chapter 10.36
Stopping, Standing and Parking, Section 10.36.310,
Prohibited Parking Areas - Southeast Auburn.
Motion by Councilmember Wagner, second by
Councilmember Kurle to introduce and adopt Ordinance No.
4800.
MOTION CARRIED UNANIMOUSLY. 7-0.
Ordinance No. 4803
O3.10.1
An Ordinance of the City of Auburn, Washington, providing
for a Conditional Use Permit to allow the expansion of an
existing nursing home on property zoned R-4 (multi-family)
located at 2830 "1" Street NE, within the city of Auburn,
Washington, and repealing Ordinance No. 4797.
Motion by Councilmember Burns, second by Councilmember
Wagner to introduce and adopt Ordinance No. 4803.
In response to a question from Councilmember Brothers,
City Attorney Reynolds explained that one of the Hearing
Examiner's conditions was left out of the text of Ordinance
No. 4797, and it is preferable to repeal Ordinance No. 4797
and introduce a new ordinance with all the conditions of the
Hearing Examiner's decision.
MOTION CARRIED UNANIMOUSLY. 7-0.
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City of Auburn Council Meetinq Minutes November 6, 1995
B. Resolutions
Resolution No. 2670
A3.13.4
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor of the City of Auburn to
execute the purchase of Tax Lot Parcel No. 052105-9038 as
offered by King County, State of Washington for public
roadway and utility purposes.
Motion by Councilmember Wagner, second
Councilmember Burns to adopt Resolution No. 2670.
by
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 2678
A1.3, O4.11
A Resolution of the City of Auburn, Washington, authorizing
the Mayor and City Clerk of the City of Auburn, to execute
Interlocal Agreement No. 1 between the City and King
County Water District #111 for the 132nd Avenue SE Interim
Intertie Project.
Motion by Councilmember Wagner, second
Councilmember Kurle to adopt Resolution No. 2678.
by
Councilmember Borden requested information on Resolution
No. 2678 and its implication on future water sales
agreements with the Covington area. Councilmember
Borden stated she would like to see more information on
how an agreement to sell water will result in decreased rates
to Auburn taxpayers, the inclusion of conservation
measures, and information on how selling water will better
enable the City to construct capital facilities.
Public Works Director Currie stated the Resolution provides
for an intertie between two water systems, and water service
can go in either direction. The intertie system will provide a
second source of water for the Lea Hill area which is now
served by a single pump station. Public Works Director
Currie added the intertie is an enabling pipeline, but it does
not authorize the sale of any water. He stated that a cost of
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City of Auburn Council Meetin,q Minutes November 6, 1995
service study has been completed and a rate study will be
presented to the City Council before the end of the year.
Public Works Director Currie stated conservation measures
are included in the joint operating agreement and all utilities
are required to have a conservation element in their
comprehensive plans.
Councilmember Haugen stated she is not ready to vote in
favor of the Resolution because she does not know enough
about it at this time and will abstain from voting.
Councilmember Wagner stated the members of the Public
Works Committee have been working on the
Comprehensive Water Plan for several months, and have
been waiting for the completion of the cost of service study
in order to present the plan together with financial
information. Councilmember Wagner stated the intertie puts
the City in a position to acquire an additional water source
as needed sometime in the future. Councilmember Wagner
stated the City is not agreeing to sell water with Resolution
No. 2678, but only agreeing to build a pipeline which the
City will pay a portion of its cost.
In response to a question from Councilmember Haugen,
Public Works Director Currie stated the Covington Water
District is paying $8 million for construction of the pipeline.
Councilmember Burns stated Resolution No. 2678 makes
sense for the reason that it gives the City of Auburn a
backup water system for Lea Hill.
MOTION CARRIED. 6-1. Councilmember Haugen voted
no.
Resolution No. 2679
A1.3, 04.7.2
A Resolution of the City of Auburn, Washington, authorizing
the Mayor and City Clerk of the City of Auburn, to execute
Addendum to Solid Waste Interlocal Agreement and Forum
Interlocal Agreement.
Motion by Councilmember Brothers, second
Councilmember Barber to adopt Resolution No. 2679.
by
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City of Auburn Council Meeting Minutes November 6, 1995
MOTION CARRIED UNANIMOUSLY. 7°0.
Resolution No. 2680
A3.14.5, O4.11
A Resolution of the City of Auburn, Washington, authorizing
the Mayor and City Clerk of the City of Auburn, to execute a
Franchise Extension Agreement between the City of Auburn
and King County to extend City of Auburn water and sanitary
sewer franchises located in King County Council District No.
9 until May 31, 1996.
Motion by Councilmember Wagner, second
Councilmember Burns to adopt Resolution No. 2680.
by
MOTION CARRIED UNANIMOUSLY. 7-0.
MAYOR'S REPORT
State Audit Report & State Safety Inspection
Mayor Booth announced he received a letter from Councilmember
Burns requesting information on the audit and a recent industrial
inspection by the State.
City Attorney Reynolds stated the preliminary audit report
contained some comments made by the auditor which he
recommended to the Mayor that the auditor revise. City Attorney
Reynolds stated the comments were much harsher than what had
existed. He stated that because of the importance of the
comments contained in the audit report on the City's bond rating
and future sale of municipal bonds, it was important to work with
the auditor to come up with language that was most favorable to
the City, but would cover the issues the auditor addressed. City
Attorney Reynolds stated the City has appealed the language to
the audit supervisor, and the matter is now before the State
Auditor's office in Olympia.
Councilmember Burns stated his request was for the preliminary
audit report and a copy of the management letter. Councilmember
Burns stated a substantial amount of time has passed since an
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City of Auburn Council Meetin,q Minutes November 6, 1995
initial request for information made by Councilmember Brothers in
June.
Mayor Booth advised that the City Council was represented during
the audit exit interview.
Councilmember Burns stated the information contained in the
preliminary audit report and the management letter is needed as
part of the 1996 Budget deliberations.
Assistant Finance Director Mempa stated the State Auditor's office
has indicated the final audit report will be available by November
30, 1995 or earlier.
Councilmember Burns stated that he would like to review the audit
information before the City Council proceeds with the 1996 Budget.
City Attorney Reynolds offered to review the audit language being
challenged with Councilmember Burns at his convenience.
Personnel Director Kennedy stated the State conducted a two-day
surprise safety inspection of the City a few weeks ago. Several
citations were issued for items such as construction of steps where
the hand railings had not been constructed yet, lack of a safety
guard on a piece of machinery in the print shop, location and
gallonage of eye wash stations, and storage of photo lab supplies
which have not been used in over two years. Personnel Director
Kennedy advised all citations are under appeal, and she
anticipates the City will prevail at the hearing.
Mayor Booth introduced Elizabeth Harrington, a student from
Cascade Middle School, in attendance at this evening's meeting.
Miss Harrington is observing the City Council meeting as part of a
report for school.
Councilmember Brothers stated he addressed a letter dated June
27, 1995, to Mayor Booth regarding the audit, and Mayor Booth
responded with a memo dated July 11, 1995, stating the audit was
not yet available. Mayor Booth stated the audit was not yet
complete at that time of Councilmember Brothers' request, and he
received no requests for the results after the audit was completed.
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City of Auburn Council Meeting Minutes November 6, 1995
Bo
Councilmember Kurle asked for the City Attorney's written
interpretation of what the audit report contains before deliberations
begin on the 1996 Budget.
Mayor Booth stated the audit findings involve an error in the
budgeting of a grant and the theft that occurred at the Maintenance
and Operation Division. City Attorney Reynolds explained that the
State Auditor's office requires that all grants accepted during the
fiscal year be included in a budget amendment adopted before the
end of the fiscal year. The City accepted some grant funds by
Resolution, but it was not included in a budget amendment by the
close of the year. City Attorney Reynolds stated the audit report
language indicated the City could not account for $2 million;
however, the City's position is that the City can account for all
funds, but the budget amendment was not done within the same
fiscal year. The second audit issue concerned an alleged theft at
the Maintenance & Operation Division. Personnel Director
Kennedy learned that approximately $400 in automotive parts were
charged to the City but used in private vehicles. Immediate
corrective action was taken by Personnel Director Kennedy. City
Attorney Reynolds stated the audit report language was phrased in
such a manner that it appears the auditor discovered the theft.
Executive Session
Mayor Booth recessed the regular meeting to Executive Session at
8:50 p.m. for approximately 30 minutes to discuss litigation. Mayor
Booth stated no action is anticipated as a result of the Executive
Session.
Mayor Booth reconvened the regular meeting at 9:15 p.m.
IX. ADJOURNMENT
There being no further business to come before the City Council this
evening, the meeting adjourned at 9:15 p.m.
Charles A. Booth, Mayor
Robin Wohlhueter, City Clerk
95M11-6. DOC
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