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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 Page1 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 Page 2 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. Page 3 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. Page 4 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 Page 5 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. Page 6 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 Page 7 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. Page 8 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. Page 9 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. Page 10 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. Page 11 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 Page 12 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 Page 13 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 Page 14 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. Page 15 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 Page 16