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.
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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,
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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
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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.
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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.
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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
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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.
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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.
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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