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HomeMy WebLinkAbout11-20-1995 CITY OF AUBURN COUNCIL MEETING MINUTES November 20, 1995 7:30 p.m. CALL TO ORDER Ao 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, Rich Wagner, Virginia Haugen, Trish Borden, Jeanne Barber, Stacey Brothers, and Don Kurle. Staff members present included: Police Captain Bill Pitzl, Fire Chief Bob Johnson, Personnel Director Brenda Kennedy, Assistant Personnel Director Dan Watts, Parks and Recreation Director Len Chapman, Public Works Director Frank Currie, City Engineer Dennis Dowdy, Assistant Finance Director Arlene Mempa, Planning and Community Development Director Paul Krauss, Senior Planner Al Hicks, City Attorney Michael Reynolds, City Clerk Robin Wohlhueter, and Deputy City Clerk Dani Daskam. C. Announcements and Appointments Announcements There were no announcements this evening. 2. Appointments Motion by Councilmember Kurle, second by Councilmember Burns to modify the agenda to move Item 2.b Business Improvement Area (Auburn Downtown Association) Committee of Rate Payers, before Item 2.a Municipal Court Judge. MOTION CARRIED UNANIMOUSLY. 7-0. Page 1 City of Auburn Council Meetin,q Minutes November 20, 1995 a) Business Improvement Area (Auburn Downtown Association) Committee of Rate Payers A1.10 City Council to confirm the following appointments to the Business Improvement Area Committee of Rate Payers: Position No. Name Term Expires 2 Wayne Heiserman 06/30/97 3 Jan Cavanaugh 06/30/97 5 Jimmie Kramlich 06/30/96 6 Sharon Dougherty-Smith 06/30/96 7 Patty Osthus 06/30/96 8 John Rottle 06/30/96 9 Ma~ Anne Wolsky 06/30/98 10 Phyllis Heppenstall 06~30/98 11 Robert West, Jr. 06~30/98 Mayor Booth and Councilmember Kurle presented letters and certificates of appointment to the following appointees to the Business Improvement Area Committee of Rate Payers in attendance this evening: Wayne Heiserman, Jan Cavanaugh, Sharon Dougherty Smith, Patty Osthus, John Rottle, Mary Anne Wolsky, and Robert West, Jr. Motion by Councilmember Burns, second by Councilmember Barber to confirm the appointments to the Business Improvement Committee of Rate Payers as set forth in this evening's agenda. Councilmember Haugen stated the appointees are fine and honorable people, but because there is litigation between the Auburn Downtown Association and the City at this time, she will vote no. MOTION CARRIED. 6-1. Councilmember Haugen voted no. Page 2 City of Auburn Council Meetinq Minutes November 20, 1995 b) Municipal Court Judge A1.4.1, A4.5.2 Mayor Booth called upon City Attorney Reynolds to make a presentation with regard to the appointment of Municipal Court Judge. City Attorney Reynolds pointed out there are several persons in the audience this evening wishing to speak to the issue of Municipal Court Judge, including Judge Sward, Judge Eide, Judge Bonjorni, and President of the South King County Bar Association Tom Chambers. City Attorney Reynolds discussed the various alternatives available to the City regarding appointment of Municipal Court Judge. The first alternative is to take no action. Judge Bonjorni has submitted correspondence and his argument that his current term as Municipal Court Judge will expire December 31, 1997. City Attorney Reynolds stated that based upon City ordinance and state statute, the term expires December 31, 1995. The second alternative to the City is to go through the Municipal Court Judge selection process. The Personnel Department engaged in a selection process for Municipal Court Judge resulting in candidate recommendations. The next alternative is to reappoint Judge Bonjorni for the appointment 'as contemplated in Ordinance No. 4809. Another alternative is to appoint the Aukeen District Court bench to serve in the capacity as the Municipal Court bench for the City of Auburn. City Attorney Reynolds noted that the City Council Agenda Modification this evening includes Ordinance No. 4809. The purpose of the ordinance is to allow the City to implement a procedure to shift the judge's position to an elected position sometime in the future. City Attorney Reynolds displayed Auburn City Code Section 2.14.030 which states in part: "The first Page 3 City of Auburn Council Meetinq Minutes November 20, 1995 judicial appointment shall be effective January 1, 1992, and each four years thereafter." City Attorney Reynolds stated the Auburn City Code and RCW 3.50 both state the appointment of Municipal Court Judge is for a four year term. City Attorney Reynolds stated that in view of the ordinance as it exists, the alternative to take no action is not recommended. City Attorney Reynolds displayed RCW 3.50.040 which states in part: "Any city or town shall have authority to appoint a district judge as its municipal judge when the municipal judge is not required to serve full time." City Attorney Reynolds stated the Municipal Court Judge position is not full time as defined by state statute, and the City is therefor able to appoint a District Court Judge to serve in the capacity of Municipal Court Judge at this time. City Attorney Reynolds stated that the State Legislature Laws of 1993, Chapter 3.17, codified as RCW 3.50.050 state that once a municipal court achieves a full-time equivalent judicial position, which is defined as 35 or more hours per week of compensated time, the judicial position shall be filled by an election. City Attorney Reynolds stated that the growth of Auburn will continue to impact the criminal justice system, and there is a probability that within two years the judge will attain 35 compensated hours per week. At that time, the position shall become an elective position. Ordinance No. 4809 provides for a shift from the an appointed position to an elective position. City Attorney Reynolds also noted that the elective position statute requires that the appointment must be in sequence with the state statute. City Attorney Reynolds displayed RCW 3.50.050 which states in part: "and that the term of the municipal court judge shall be for a term of four years commencing on January 1, 1986, and every four years thereafter." He pointed out that the Auburn City Code includes a term for municipal court judge whose sequencing begins January 1, 1992, which is two years off the state statute sequencing. If the City Page 4 City of Aubum Council Meetinq Minutes November 20, 1995 anticipates the position shifting to an elective position, the City must abide by the appointment sequencing contained in the state statute. In that case, an amendment of the Auburn City Code would be required, and the first four-year term would start on January 1, 1998. City Attorney Reynolds stated there is a language difference in the state statute between appointed and elective judges. He referred to RCW 3.50.040 and its phraseology as to whether the January 1, 1986 sequencing applied to current judges or any judges. City Attorney Reynolds stated the City's original appointment of Municipal Court Judge effective January 1, 1992 is for four years, and the term will expire December 31, 1995. He added the City could continue in its sequence except that development of the court activity will exceed the 35 hour per week limitation, and when the shift to the elective position occurs, the appointment will need to be on the right sequence. City Attorney Reynolds stated there is a debate whether the judge's term should be on the January 1, 1986 sequence regardless if whether the judge is elective or appointed. City Attorney Reynolds stated there are Attorney General Opinions which indicate the time sequence should be January 1, 1986 and each four years thereafter for both elective and appointed positions. City Attorney Reynolds explained that Ordinance No. 4809, presented this evening, will give the City the ability to use a District Court bench and still stay under the Auburn Municipal Court system. City Attorney Reynolds stated that during the recent selection process for Municipal Court Judge, the City was contacted by Aukeen District Court indicating that the District Court bench had extra time to devote and could serve as the City's Municipal Court Judge. He stated the arrangement was discussed at the King County Executive level regarding the judge's compensation, and it was agreed that if the City chooses to have the District Court bench serve as the Page 5 City of Auburn Council Meetinq Minutes November 20, 1995 City's Municipal Court Judge, the judge would be compensated on a pro rata basis to the county. City Attorney Reynolds stated the Aukeen District Court has agreed to accept the two year appointment. City Attorney Reynolds also pointed out that RCW 3.50.055 was passed by the State Legislature after the Auburn City Code provisions were passed. City Attorney Reynolds stated Ordinance No. 4809 sets forth a sequence beginning January 1, 1996 for a two year term ending December 31, 1997, and then a term of four years commencing January 1, 1998 and every four years thereafter. The change in the code is intended to bring it into conformance with the sequencing provision of the elective section of RCVV Chapter 3.50. The ordinance also adds a new sentence to paragraph B. The new sentence reads: "The judges of the Aukeen District Court may be appointed as the City's Municipal Court Judge." City Attorney Reynolds stated the additional sentence gives the City the option to appoint the Aukeen District Court. He pointed out that the ordinance itself does not make the appointment. City Attorney Reynolds stated the recommendation of the City's administration is to recommend the appointment of the Aukeen District Court bench to serve for the two year period of time. He added the Aukeen District Court is an elected bench, and the city of Auburn voters participated in the election of the Aukeen District Court bench. Mayor Booth recognized Municipal Court Judge Duncan Bonjorni and offered him the opportunity to speak to the issue of the appointment of Municipal Court Judge. Auburn Municipal Court Judge Duncan Boniorni Judge Bonjorni referred to Auburn City Code 2.14.030, and stated there is no termination language contained in the code nor any language regarding reappointment. Judge Bonjorni also referred to RCW 3.50.040 and recited a portion as follows: "The terms Page 6 City of Auburn Council Meetin.q Minutes November 20, 1995 of their successors shall commence on January 1, 1986, and on January 1 of each fourth year thereafter, pursuant to appointment or election." Judge Bonjorni stated the statute is not different from the election statute, and they are totally consistent. Judge Bonjorni stated there is no vacancy in the court at this time. He stated the appointment must be for a four year period, the appointment cannot terminate in the middle of a term, and the appointment continues until the judge either dies, is in ill health and unable to serve, or resigns. Judge Bonjorni interjected that he sent a letter to Mayor Booth before he sent letters to the City Council. He asked that the Mayor share all letters which he has received from interested parties with regard to the Municipal Court Judge with the members of the City Council and that the letters are made part of the record. Judge Bonjorni stated that if the City of Auburn elects to confirm the Mayor's recommendation, the City's court will go under the Aukeen District Court for ten years. Judge Bonjorni referred the City Council to RCW Chapter 3.46 which deals with District Courts and municipal departments. Judge Bonjorni stated District Court Judges cannot hold another judicial position, and the only way a District Court Judge can sit as Municipal Court Judge for Auburn is for Auburn to become a municipal department of the District Court. Judge Bonjorni stated the Mayor can appoint a District Court Judge or there can be an election for a District Court Judge to fill a part time Municipal Court Judge position. For a full time position, the City can elect a District Court Judge to be the Municipal Court Judge under the District Court. Judge Bonjorni stated there is recently enacted law under RCW 3.50.908 which provides that if a Municipal Court goes back in the District Court system, it must remain there for ten years. Judge Bonjorni stated that to go back in the District Court system to prevent his continuing as Municipal Court Judge is an extreme measure which would destroy a court which he has Page 7 City of Auburn Council Meetinq Minutes November 20, 1995 made succeed under' adverse conditions. Judge Bonjomi stated he feels he has a very deep commitment and personal stake in the Municipal Court. Judge Bonjorni disagreed that the Municipal Court Judge compensated time will increase to 35 hours per week within the next two years. Judge Bonjorni stated he has been trying over the last two years to have the Mayor increase the judge's hours. He said that the initial appointment allowed for 83-1/3 budgetable hours per month for the judge which was to be reviewed periodically to make adjustments. Over the four years, no adjustments in hours have been made for the judge, the amount of clerical support has remained the same, and the case load and hearing load has increased 50 percent. Judge Bonjorni stated he asked for 110 hours per month in 1993 and 1994 but was denied. He stated 110 hours per month is approximately 26 hours per week, and in order to achieve 35 hours per week would require 151 hours per month. Judge Bonjorni stated that 110 hours per month with the current court staff would enable the court to be efficient and move cases through without ignoring justice; proper hearings; and fairness to the people, counsel,, and parties appearing before the court. Judge Bonjorni stated the court needs the additional time, and he cited court days when the court averaged 3.6 minutes and 2.8 minutes per case. Judge Bonjorni stated he has tried to bring a sense of justice to his practice, to his life, and to the court. Judge Bonjorni stated he believes he has not had a problem with the police, and any accusations or innuendoes or a perception made through the guild that he did not treat some officers right is a falsehood. Judge Bonjorni stated that every officer is treated with respect and dignity as any witness is in the court room. He recalled that a year and a half ago, the Mayor called a meeting with the Police Chiefs of Auburn and Algona, City Attorney Reynolds, Court Administrator Rittenhouse and himself during which Page 8 City of Auburn Council Meetinq Minutes November 20, 1995 he was criticized for his decisions. An objection was made that the City was losing too many infraction cases. Judge Bonjorni stated he explained during the meeting that at a hearing, a citizen's testimony and the officer's testimony is evenly weighed, but it is the duty and burden of the City to prove by a preponderance, otherwise the City loses the case. Judge Bonjorni stated he objected to Chief Purdy's characterization of the citizens. Judge Bonjorni stated that each Councilmember has been given a statement from Nicholas Thompson, former United States Attorney General, in which he speaks to balance and tensions between the police and the courts. Judge Bonjorni stated that each of the two selection panels included the Chief of Police and a Police Sergeant who have built-in, undisclosed agendas. Also on the selection panel were two City Attorneys and other members from the City. Judge Bonjorni stated the panels did not contain a representative of any courts, a citizen of the community, a representative of the local Bar Association, nor a member of the Defense Bar. Judge Bonjorni stated he challenges the selection process and its results. He also stated he saw no reason for the position to be open as he had done his job and worked against impossible odds and adverse working conditions. Judge Bonjorni stated that at least two candidates are ahead of him in the selection process; an Army JAG person who does not have any civil practice experience and is not familiar with the community, and a former deputy prosecutor with questionable conduct background. Judge Bonjorni stated that neither candidate is as qualified as he was four years ago when he first applied for the position. Judge Bonjorni stated it is up to the City Council to ensure the best candidate is selected, and that the court is maintained as one that preserves and protects the rights of the citizens. Page 9 City of Auburn Council Meetinq Minutes November 20, 1995 In closing, Judge Bonjorni thanked the people in attendance this evening who came to support him. Mayor Booth recessed the regular meeting at 8:45 p.m. for approximately five minutes. Mayor Booth reconvened the regular meeting at 8:52 p.m. Loretta Fiori, 14 "1" Street SE, Auburn, WA Ms. Fiori stated she practices law in Auburn, and grew up in the Auburn area. She informed the Mayor and City Council that she has been asked by many members of the local Auburn Bar Association and the South King County Bar Association to present their feelings on the appointment of Municipal Court Judge. She stated that if the City wants honesty, integrity, and a judicial process that is unbiased and fair, the City will retain Judge Bonjorni as Municipal Court Judge. John Walenceus, 1436 Elm Street SE, Auburn, WA Mr. Walenceus described himself as a retired Boeing manager who has become interested in what is happening in the City of Auburn. Mr. Walenceus stated he was unaware of the Municipal Court Judge appointment until an article appeared in the Valley Daily News. He stated he has talked with his neighbors about the information he has gathered from Mayor Booth, Judge Bonjorni, and other citizens. Mr. Walenceus stated he was glad to hear the City was not stressing the appointment of the retired military judge as a replacement, because he may not have civil law experience and he is not a member of the community. Mr. VValenceus stated he became acquainted with Judge Bonjorni when he and his wife sought personal legal services. He found Judge Bonjorni to be truthful, honest, and hardworking. He recommended the City extend the term of Judge Bonjorni for another two years, and ensure the term is in sequence with the State. Steve Sward, Mr. Sward stated he is resident of Auburn, and has been a judge, a police officer, a prosecutor, and Page10 City of Auburn Council Meetinq Minutes November 20, 1995 defended people accused of crimes. Mr. Sward stated Judge Bonjorni is a man of high integrity, and is honest and competent. He added that Judge Bonjorni is the most knowledgeable, most competent and most unbiased person he knows. Mr. Sward said he was opposed to the establishment of the Auburn Municipal Court and noted he was serving as a District Court Judge at the time. However, he was pleased that Judge Bonjorni was appointed as Auburn Municipal Court Judge. Mr. Sward stated that typically throughout the state, municipal courts are not allocated the resources necessary for judges to perform as good a job as if the resources were available. Mr. Sward suggested that more time be given to the judge so that he may allocate more time to cases. Mr. Sward stated he believes Judge Bonjorni is doing an excellent job, and sees no reason to change. He added that if the City maintains a Municipal Court, Judge Bonjorni is his recommendation for judge. Donald Eide, 1025 S. 320th, Federal Way, WA Mr. Eide stated he has practiced law for 35 years, 26 years of which he handled cases involving the city of Auburn as judge or court commissioner. Mr. Eide stated he is familiar with the obligations of a court and the obligations they have to the public overall. He stated the separation of powers concept is an important one in this country, and quoted James Madison from the Federalist Papers. Mr. Eide stated the Mayor cannot direct members of the Council how to vote, the Council cannot direct the Mayor how to do his job, and neither the Mayor or Council can control the judge and the court personnel which are obligated to follow their oath and affirmation to the follow the laws of the United States and Constitution, state laws and state constitution, and the laws of the city. Mr. Eide also quoted from the Washington State Constitution, Article IV, Section 1 Judicial Power. He also cited a Supreme Court case where the City of Tacoma did not follow state law for establishing its municipal court. Mr. Eide also stated that as long as police departments are underfunded, Page 11 City of Auburn Council Meetinq Minutes November 20, 1995 there will be infraction cases where an officer's affidavit is used in lieu of his personal appearance while the citizen must appear in court. If the person testifies, he is then subject to cross examination. He added that the results of this sort of trial are difficult for any judge, and there will be some dissatisfaction with the results from the people involved. Mr. Eide stated that over the years he has had the opportunity to evaluate Duncan Bonjorni, and he believes Mr. Bonjorni as a judge, as an attorney, and as a human being is a very good person. Mr. Eide stated that if the City rules it did not appoint Judge Bonjorni with a de facto appointment two years ago, there is potential for claims from defendants who were sentenced during those two years by an illicit court. Mr. Eide urged the City Council to stay within the law and constitution of the state and under the rules that require the City to confirm a de facto appointment for the balance of the term of office. Tom Campbell, 326 Hi Crest Drive, Auburn, WA Mr. Campbell stated he practices law in Auburn. He stated as a citizen he is concerned with the selection process for Municipal Court Judge. Mr. Campbell stated there were two separate selection committees who reviewed standardized application forms and responses to questions put together by the committees. There was a criminal defense lawyer involved during the determination process of who should be invited for an interview. However, the interview and final selection process did not include anyone that utilizes the court on a day-to-day basis, other than a prosecutor or a police officer. Mr. Campbell stated he sent a letter to the Mayor expressing his concerns about the selection process. Mr. Campbell stated he met with the Mayor, and suggested setting up a third committee comprised of South King County lawyers to make a recommendation to the City Council. He said Mayor Booth did not feel the time frame could accommodate consideration by a third committee. Mr. Campbell stated there is a troubling perception by articles appearing in the local newspapers that the police Page 12 City of Auburn Council Meetin,q Minutes November 20, t995 department is involved in ousting the Municipal Court Judge, and if the perception is that Auburn has a police court, citizens appearing in court will feel they are getting nothing other than a rubber stamp for a police officer. Mr. Campbell stated there is a serious flaw in the selection process, and he suggested maintaining the court as it is until it becomes an elective position. Ladislav Moravec, 908 28th Street SE, Auburn, WA Mr. Moravec stated he has lived in Auburn for 25 years and has known Duncan Bonjorni for 23 years. Mr. Moravec stated that he has talked with other Auburn citizens, and has found that they have a high respect of Mr. Bonjorni. Barbara Bowden, 42624 188th SE, Enumclaw, WA Ms. Bowden stated she appears before the Auburn Municipal Court several times a month and has the opportunity to view the operation of the court as well as other courts in Washington. Ms. Bowden stated the publicity given to the negative criticism of Judge Bonjorni has been given more emphasis than it should. Ms. Bowden stated Judge Bonjorni is probably the most dedicated individual to the court system and urged members of the City Council to observe his courtroom. She added that Judge Bonjorni is respectable to defendants, defense attorneys, prosecuting attorneys, the public defender, and police officers. Ms. Bowden expressed concern that potential candidates for judge are not from the Auburn community. Ms. Bowden stated she believes Judge Bonjorni does an excellent job for which Auburn should be proud. Jack Bur,qeson, 3775 S. 194th, Auburn, WA Mr. Burgeson stated he is embarrassed that Judge Bonjorni must come before the City Council and plead for validation. Mr. Burgeson stated Judge Bonjorni has character, integrity, sincerity, honesty, and intelligence. Mr. Burgeson urged the City to retain Judge Duncan Bonjorni. Page13 City of Aubum Council Meetin,q Minutes November 20, 1995 Mary Moon, 2720 Forest Ridge Drive SE, Auburn, WA Mrs. Moon stated Judge Bonjorni is the most reputable man she has known, and she is proud to have him sitting on the bench for the City of Auburn. She stated that she and many of her neighbors hope that Judge Bonjorni will continue as judge for the City of Auburn. George Rider, 2959 "O" Street SE, Auburn, WA Mr. Rider has lived in Auburn for approximately two years. He stated he has observed Auburn Court proceedings, and he is favorably impressed with the court. He felt Judge Bonjorni is equitable and gets business done. Mr. Rider stressed the importance of a hometown judge who understands the needs of the community. Mr. Rider stated he would like the City to come into compliance with the State's four-year cycle. At the request of Mayor Booth, Personnel Director Brenda Kennedy explained the selection process for Municipal Court Judge. She explained the recent selection process was the same process used initially, and she tried to match or get the same type of mix of people for the selection panels. She stated attempts were made to get members of the defense community, but were turned down and she ultimately ran out of time. The City attempted to have City Councilmember Burns, attorneys Van Siclen and Smith serve on the committee, but they declined. However, the City was successful in contacting the head of the State Bar Association. A ten member panel was utilized this year, compared to the seven member panel utilized during the last selection process. Personnel Director Kennedy explained that the nine candidates were interviewed consecutively using the same questions. Thero was no discussion of the candidates by any of the panel members until the end of the day when each panel arrived at consensus separately. Afterwards, both panels met together to discuss the candidates. Page 14 City of Auburn Council Meetinq Minutes November 20, 1995 II. Mayor Booth recessed the regular meeting to Executive Session at 9:50 p.m. for approximately 20 minutes to discuss the appointment of Municipal Court Judge. Mayor Booth reconvened the regular meeting at 10:28 p.m. Motion by Councilmember Burns to direct the City Attorney to draft an ordinance that makes the position of Municipal Court Judge elective in the next fall election for a period of one year, elective in the following fall for a term of four years and thereafter, that the issue of the appointment of a Municipal Court Judge be tabled to next Tuesday, November 28, at 5:00 p.m. in these chambers. Councilmember Barber seconded the motion. MOTION CARRIED UNANIMOUSLY. 7-0. Do Agenda Modifications Agenda modifications include a revised Ordinance No. 4804 transmitted under Item VII.A.2 of these minutes and the addition of Ordinance No. 4809 found under item VII.A.4 of these minutes. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. 1996 Budget F3.10 a) The 1996 Preliminary Budget and Budget Message has been placed on file for the year 1996 which may be examined by any citizen. Citizens are invited to provide the Council with written and oral comments prior to making their determination on the 1996 Final Budget. Mayor Booth opened the public hearing and invited citizens to make comments. Wilson Esterly, 117 "D" Street SE, Auburn, WA Page 15 City of Auburn Council Meetinq Minutes November 20, t995 Mr. Esterly stated he is a member of the Board of Directors of Community Health Centers of King County. Mr. Esterly thanked the City Council for their past support of Community Health Centers, and expressed his hope that the City will continue to provide funding to Community Health Centers of King County. Mr. Esterly stated Community Health Centers provide medical care for Iow-income citizens. He added that a funding increase to provide more service and dental service would be appreciated. Bill Kyle, 2001 19th Drive NE, Auburn, WA Mr. Kyle stated he his Chairman of the Board of the Auburn Food Bank. Mr. Kyle thanked the Mayor and City Council for their past support, and requested the City's continued support of the Auburn Food Bank. Mr. Kyle stated the Food Bank is preliminarily budgeted to receive $6,000.00. Mr. Kyle explained that the Food Bank has received requests from 1,108 families for Thanksgiving food baskets, and asked the City Council to keep this in mind when considering future funding requests for the Auburn Food Bank. Richard Mockler, 3911 Wallingford, Seattle, WA Mr. Mockler stated he is President of the Board of Child Care Resources, an agency that has provided services for five and one-half years to citizens of Auburn. Mr. Mockler thanked Mayor Booth and the City Council for their past support and asked them to consider continuing the City's support noting that the preliminary budget does not. Mr. Mockler stated that a significant portion of the services provided by Child Care Resources are directed to Auburn parents and Auburn child care providers. Child Care Resources provides referral service to parents who are seeking child care, and they charge those persons who can pay for the service. Mr. Mockler urged the City Council to continue funding Child Care Resources. Motion by Councilmember Barber, second by Councilmember Burns to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Page 16 City of Auburn Council Meeting Minutes November 20, 1995 b) The City of Auburn to conduct a public hearing to consider revenue sources for the 1996 General Expense Fund Budget including consideration of possible increases in property tax revenues. The public is encouraged to provide written and/or verbal testimony on any provision of the proposed 1996 Budget. Mayor Booth opened the public hearing and invited citizens to make comments. There were no requests from the audience for recognition. Motion by Councilmember Barber, second by Councilmember Borden to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Auburn Downtown Association of Use of Funds A1.10 The Auburn Downtown Association will allocate funds in the amount of $57,720 contributed by the Washington SuperMall Interests L.P. A public hearing is scheduled for citizen input on the use of these funds. Mayor Booth opened the public hearing and invited citizens to make comments. Ken Minkler., 607 - 29th Street SE #A2, Auburn, WA Mr. Minkler expressed concern with wheelchair accessible signage for the bus stop near the 7-Eleven Store on Auburn Way South. Mayor Booth requested Public Works Director Currie follow-up with Mr. Minkler's concern. Motion by Councilmember Burns, second by Councilmember Barber to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Page 17 City of Auburn Council Meetin,q Minutes November 20, 199-; Reallocation of 1995 Community Development Block Grant Funds F5.4.3 The City of Auburn will reallocate $100,000 of 1995 Community Development Block Grant Funds from the Youth Center Project to the 1995 Housing Repair Program, and reallocate $20,000 in 1995 funds from the Revolving Loan Fund project 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. Mayor Booth opened the public hearing and invited citizens to comment. Motion by Councilmember Burns, second by Councilmember Borden to close the public hearing. Councilmember Brothers asked whether any alternative funding has been contemplated for Child Care Resources. Mayor Booth advised there will be a City Council budget workshop next week for discussion. Councilmember Brothers questioned whether it is premature to direct a consultant to develop a curriculum for a youth center when the concept of a youth center is still under discussion. Senior Planner Al Hicks stated the development of a curriculum is recommended assuming the feasibility for a youth center is substantiated and the curriculum can be shared with other elements of the community and other neighborhood centers. Councilmember Brothers stated he supports of the idea of a neighborhood youth center, but it is premature to authorize the development of a curriculum. MOTION CARRIED UNANIMOUSLY. 7-0. In response to a question from City Attorney Reynolds, Councilmember Burns requested that a proposed resolution for the reallocation of 1995 Community Development Block Grant funds be presented at the next Planning and Community Development Committee meeting. Page18 City of Auburn Council Meetin.q Minutes November 20, 1995 III. Audience Participation There were no requests from the audience for recognition to speak. Councilmember Vir,qinia Hau,qen Councilmember Haugen stated she has questions with regard to a memo she received from Mayor Booth dated November 14, 1995 regarding storm sewer planning. Councilmember Haugen asked if the City has maps that locate storm sewers. Public Works Director Currie answered in the affirmative. Mayor Booth requested Councilmember Haugen make an appointment to meet with Public Works Director Currie to obtain the information she desires. Councilmember Haugen also requested a copy of the Comprehensive Storm Sewer Plan. Correspondence There were no items for City Council review under this item. COUNCIL COMMITTEE REPORTS Municipal Services Chair Brothers reported the Municipal Services Committee did not meet this afternoon. The next regular meeting of the Municipal Services Committee is scheduled for Monday, December 4, 1995 at 4:30 p.m. Planning & Community Development Chair Burns reported the Planning and Community Development Committee met November 13, 1995, and the minutes are a matter of public record. Chair Burns requested the City Council's support of the Planning and Community Development Committee items appearing on this evening's agenda. The next regular meeting of the Planning and Community Development Committee is scheduled for November 27, 1995 at 7:30 p.m. Public Works Chair Wagner reported the Public Works Committee met November 13, 1995 and discussed a number of items appearing on this evening's agenda. Items discussed included an ordinance authorizing acquisition of property by eminent domain and a briefing on railroad traffic signals. The next regular meeting of the Public Works Committee is scheduled for November 27, 1995 at 5:30 p.m. Page 19 City of Auburn Council Meetinq Minutes November 20, 1995 Do Finance Chair Barber reported the Finance Committee met this evening at 6:30 p.m. Items discussed included Ordinance No. 4809 which the Committee did not act upon. Other items included a budget presentation by Personnel Director Kennedy, Resolution No. 2682, an interfund loan, a call for hearing, discussion of the City's bonded indebtedness, and payroll and claims vouchers. The next regular meeting of the Finance Committee is scheduled for December 4, 1995 at 7:00 p.m. IV. CONSENT AGENDA A. Minutes Minutes of the November 6, 1995 regular City Council meeting. B. Vouchers F4.9.2, F4.9.5 Claims Claims check numbers 106901 through 107237 in the amount of $2,217,391.70 and dated this 20th day of November 1995. Payroll Payroll numbers 219490 to 219954 in the amount of $715,617.20 and Direct Payroll Deposit transmissions in the amount of $190,229.04 for a grand total of $905,846.24 for the pay period covering November 3, 1995 to November 9, 1995 are approved for payment this 20th day of November, 1995. Surplus Property F4.6.1 Public Works - Equipment Rental Request permission to surplus and sell at the next auction the vehicles listed below. Page 20 City of Auburn Council Meetinq Minutes November 20, 1995 UNIT DESCRIPTION SERIAL NUMBER 6105B 1986 Chevrolet Cavalier 1G1JC69P4GK129137 6302B 1987 6304B 1988 6403B 1988 6412A 1988 6434A 1983 6506B 1988 6507B 1987 6511B 1983 6513B 1990 6522A 1978 6524B 1990 F034A 1990 P027B 1991 P029B 1993 P030B 1993 P034B 1993 P035B 1993 P038B 1993 P042B 1989 P045B 1991 P050A 1984 P078A 1984 P098A 1991 P101A 1973 Chevrolet Spectrum CL Dodge 3/4 Ton Pickup Dodge 1 Ton Dump Truck Dodge 1/2 Ton Pickup Power Sander GMC 1/2 Ton Pickup Toyota 1/2 Ton Pickup Chevrolet 1/2 Ton Pickup Dodge 250 Ram Van Case Backhoe / Loader J81RG5173H8475906 1 B7JD24Y8JS733892 1 B6MD3456JS738795 1 B7JD24YXJS733893 70692...E-2020 1GTBS14E2J2532614 JT4RB50RXH0308874 2GCEK14H3D1161684 2B7HB21X5LK765003 8975144 Cushman Front Line Mower1CUMH2225FL000295 Chevrolet Lumina Oldsmobile Cutlass Ciera Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Chevrolet Caprice Buick Skylark 4-Door Chevrolet Van Lincoln Cont'ntal Mark VII Pontiac Firebird Chevrolet Van 2GIWL54T9L9120059 1G3AL54N1 M6346401 2FACP71WXPX140319 2FACP71WXPX140322 2FACP71W8PX140321 2FACP71WIPX140323 2FACP71W6PX140320 1G1 BN51 E1KR171929 1 G4NV54U 1 MM274724 2G8EG25H3EF169705 1 MRBP98F2EY738082 1G2FS23T1ML21452 TCZ333Z511563 D. Call for Hearing 1996 Budget F3.10 City Council to call for a public hearing December 4, 1995 on the 1996 Budget. to be held on Interfund Loan F4.7 Request authorization for an interfund loan for Arterial Street Fund (102) from General Fund (001) in the amount of $290,000.00 at the rate of 5.65% for the period of October 31, 1995 to October 31, 1996. Motion by Councilmember Kurle, second by Councilmember Burns to approve Consent Agenda Items IV.A through IV.E MOTION CARRIED UNANIMOUSLY. 7-0. Page 21 City of Auburn Council Meetinq Minutes November 20, 1995 UNFINISHED BUSINESS There were no items for City Council review under this section. VI. NEW BUSINESS VII. Application No. PLT0004-94 03.5 PLT0004-95 City Council to consider the final plat of Bottemiller's Addition, a 2- lot commercial subdivision located on the west side of "A" Street SE, in the 4200 block, within the city of Auburn, Washington. Motion by Councilmember Burns, second by Councilmember Borden to approve the final plat of Bottemiller's Addition to Auburn, and instruct the City Attorney to prepare the necessary ordinance. MOTION CARRIED UNANIMOUSLY. 7-0. ORDINANCES AND RESOLUTIONS A. Ordinances Ordinance No. 4801 A3.5.5.10, O1.2 An Ordinance of the City of Auburn, Washington, amending a certain 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. 4801. In response to a question from Councilmember Borden, Public Works Director Currie stated the City received a request to put some parking back on the street. A subsequent investigation was conducted, and a recommendation is made to allow some parking on the street. MOTION CARRIED UNANIMOUSLY. 7-0. Page 22 City of Auburn Council Meetinq Minutes November 20, 1995 Ordinance No. 4804 A3.13.4 An Ordinance of the City of Auburn, Washington, authorizing the acquisition of certain property and property rights by eminent domain providing for the payment thereof; authorizing the City Attorney to prepare a petition for condemnation in the Superior Court in and for the County of King and for the prosecution thereof for the acquisition of such property and property rights for public roadway and utility purposes (right-of-way at the intersection of 37th Street N.W. and "B" Street N.W., legally described and attached hereto as exhibits "A" and "B", Project Improvement No. 573B). Motion by Councilmember Wagner, second by Councilmember Burns to introduce and adopt Ordinance No. 4804. Councilmember Borden questioned the impact of the condemnation on the property owner's parking lot. City Engineer Dowdy stated the condemnation is needed in order to stay on schedule for the off-site improvements for the Emerald Downs project. The City has grant funds to complete the improvement of six off-site intersections, and the intersection at 37th Street NW and "B" Street NW is one of the projects. In order to use the grant funds, the City must secure the right-of-way. One of the four existing entrances to the corner parcel is needed by the City to construct the intersection improvements. City Engineer Dowdy stated the owner is claiming he cannot negotiate with the City because he would lose his access and lose three associated parking spaces. City Engineer Dowdy stated the City has demonstrated that the property owner would regain the three parking spaces by a remapping and relayout of the parking lot. City Engineer Dowdy stated the City has appraised the property and made a good faith offer to the owner. City Engineer Dowdy pointed out that since the short plat for the property was created in 1980, the owners of the parcel have known the City would develop "B" Street, and the City would need the property in question. City Engineer Dowdy quoted from the document forming the short plat indicating that the property known as Tract X Page 23 City of Auburn Council Meetin,q Minutes November 20, 1995 would be designated for future street purposes. City Engineer Dowdy added that the property is also the amount of street needed to develop a future LID in the area. Councilmember Haugen asked if the City has a current breakdown on the proposed LID for the area. City Engineer Dowdy stated the current project, which is grant funded, will extend the street improvements, including the sidewalk, 100 feet south of the intersection. MOTION CARRIED UNANIMOUSLY. 7-0. Ordinance No. 4806 F5.2 An Ordinance of the City Council of the City of Auburn, Washington, approving an appropriation of grant funds in the amount of three thousand seven hundred forty-eight and 00/100 dollars, ($3,748.00), and authorizing the Mayor to accept the grant from the Washington State Arts Commission Awards Program. Motion by Councilmember Burns, second by Councilmember Wagner to introduce and adopt Ordinance No. 4806. MOTION CARRIED UNANIMOUSLY. 7-0. Ordinance No. 4809 A1.4.1, A4.5.2 An Ordinance of the City of Auburn, King County, Washington, amending Auburn Municipal Code Section 2.14.030 to provide for a two-year appointment beginning January 1, 1996 and ending December 31, 1997 providing for the authority to appoint a district judge or judges as a Municipal Court Judge. See Item I.C.2.b of these minutes for disposition of Ordinance No. 4809. Page 24 City of Auburn Council Meetin.q Minutes November 20, 1995 B. Resolutions Resolution No. 2677 A1.10 A Resolution of the City Council of the City of Auburn, Washington, approving the proposed Business Improvement Area Budget Amendment. Motion by Councilmember Burns, second by Councilmember Borden to adopt Resolution No. 2677. MOTION CARRIED. 6-1. Councilmember Haugen voted no. Resolution No. 2681 A3.13.7.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn to terminate those sidewalk construction delay agreements between the City of Auburn and those certain property owners of various locations within the corporate limits of the City of Auburn. Motion by Councilmember Wagner, second Councilmember Kurle to adopt Resolution No. 2681. by MOTION CARRIED. 6-1. Councilmember Haugen voted no. Mayor Booth recessed the meeting to Executive Session at 11:01 p.m. for approximately 20 minutes in order to discuss matters involving litigation and a collective bargaining agreement. Mayor Booth reconvened the regular meeting at 11:25 p.m. Resolution No. 2682 A3.9 A Resolution of the City Council of the City of Auburn, Washington, approving the Collective Bargaining Agreement between the City and the Auburn Police Guild Commissioned Unit for 1996-1998. Page 25 City of Auburn Council Meetinq Minutes November 20, 1995 Motion by Councilmember Barber, second Councilmember Brothers to adopt Resolution No. 2682. MOTION CARRIED UNANIMOUSLY. by MAYOR'S REPORT A. Executive Session See Items I.C.2. b and VII.B.2 of these minutes for Executive Sessions. Mayor Booth recessed the regular meeting at 11:26 p.m. to meet Tuesday, November 28, 1995 at 5:00 p.m. in order to discuss the appointment of the Municipal Court Judge. IX. ADJOURNMENT Charles A. Booth, Mayor Robin Wohlhueter, City Clerk 95M11-20.DOC Page 26