HomeMy WebLinkAbout01-17-1995CITY OF AUBURN
COUNCIL MEETING MINUTES
JANUARY 17, 1995 7:30 p.m.
I. CALL TO ORDER
Ao
Bo
Co
Fla,q Salute
Mayor Booth called the meeting to order at 7:30 p.m. and led those in
attendance in the pledge of allegiance.
Roll Call
Those in attendance included Mayor Booth and members of the Auburn
City Council as follows: Pat Burns, Rich Wagner, Trish Borden, Jeanne
Barber, Stacey Brothers, and Don Kurle. Mayor Booth announced
Councilmember Haugen had indicated she may be absent from tonight's
meeting. Councilmember Haugen arrived at 8:27 p.m. during Audience
Participation under Item II.B of these minutes.
Staff members present included Police Chief Dave Purdy, Fire Chief Bob
Johnson, Personnel Director Brenda Kennedy, Municipal Court
Administrator Bob Rittenhouse, Parks and Recreation Director Len
Chapman, Finance Director Victor Thompson, Public Works Director
Frank Currie, Utilities Engineer Dwight Holobaugh, Planning and
Community Development Director Paul Krauss, Senior Planner Lynn
Rued, Acting City Attorney Michael Reynolds, Assistant City Attorney
Judy Ausman, City Clerk Robin Wohlhueter, and Deputy City Clerk Dani
Daskam.
Announcements and Appointments
1. Announcements
Proclamations
A1.8
(1) Mayor Booth read a proclamation declaring February,
1995 as Daughters of the American Revolution (DAR)
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City of Auburn Council Meetinq Minutes January t7, 1995
Ao
American History Month and presented the
proclamation to Mrs. Martha Davis representing the
DAR. The Councilmembers joined the Mayor in
congratulating Mrs. Davis and the DAR.
(2)
Mayor Booth read a proclamation declaring January
21, 1995 as a day honoring parents, participants, and
volunteers of the Miss Auburn Scholarship Program.
Mayor Booth presented the proclamation to Mr. Larry
Smith, Secretary of the Auburn Noon Lions Club. Mr.
Smith announced the Miss Auburn Scholarship
Program will be presenting two representatives to the
Miss Washington Pageant, and thanked the
community members for making this possible.
2. Appointments
Boards and Commissions
A3.8
City Council to confirm the appointment of the following City
of Auburn Boards and Commissions:
Arts Commission
Ron Carson
Term Expires
December 31, 1997
Motion by Councilmember Kurle, second by Councilmember
Burns to confirm the appointment of Ron Carson to the Arts
Commission for a term which expires December 31, 1997.
MOTION CARRIED UNANIMOUSLY. 6-0.
Agenda Modifications
An agenda modification consisting of the Hearing Examiner's Exhibit #1
petition no. 11/22/94 is transmitted under Agenda Item Nos. II.A. 1 and
II.A.2 of these minutes.
I1. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
Public Hearings
Mayor Booth announced the two public hearings scheduled for this
evening are related, and therefore the hearings will be conducted
concurrently, and testimony will be taken on both issues. Mayor Booth
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City of Auburn Council Meetinq Minutes January 17, 1995
declared the public hearings open and requested testimony on either
issue.
Application Nos. PLT0005-90 and PLT0006-90
03.5 PLT0005-90, 03.5 PLT0006-90
The request of Henderson Development, Inc., to amend the plat
applications to allow for changes in street and lot layouts in order
to accommodate the construction of the 211-1ot single family
subdivision located in Divisions 9, 10, 12-14 of Lakeland Hills.
Application No. MIN0001-90
03.10.3 MIN0001-90
The request of Henderson Development, Inc., to amend the mining
permit to allow an additional 222,000 cubic yards of material to be
excavated in order to accommodate the construction of the 211-lot
single family subdivision located in Divisions 9, 10, 12-14 of
Lakeland Hills.
Senior Planner Lynn Rued explained Henderson Development, Inc.
is requesting an amendment to a previously approved preliminary
plat that was approved by the City Council a couple years ago for
211 single family lots in Division Nos. 9, 10, 12, 13, and 14 of
Lakeland Hills. Mr. Rued stated the revisions to the preliminary
plat have to to do with the amount of excavation needed to
accommodate the construction of the 211 level lots. Mr. Rued
stated a mining permit was approved earlier that allowed
excavation to accommodate the street construction, lot construction
and utilities construction in the amount of 125,000 cubic yards of
material over 85 acres. Mr. Rued stated that following the approval
of the initial mining permit, the developer conducted additional
detailed field surveying and determined additional material needed
to be excavated in order to accommodate the construction of 211
level lots.
Mr. Rued stated most of the excavated materials will be used for fill
on site, and approximately 30,000 cubic yards will be exported off
site. Mr. Rued stated the amended mining permit will greatly
reduce the amount of vegetation that will remain. Mr. Rued stated
that, most if not all, the vegetation will be removed as part of the
mining operation, but some will remain on the western slopes of
Division No. 13 and the eastern slopes of Division Nos. 9 and 10.
Additionally, rockeries were not addressed in the previous permit.
Approximately 7,000 linear feet of rockeries are proposed to
accommodate the construction of the streets and lots. Mr. Rued
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City of Auburn Council Meetinq Minutes January 17, 1995
stated the rockeries range from 4-1/2 feet high to 10 feet high. Mr.
Rued explained there are standards related to setbacks and
finished slopes required as part of the mining permit. Mr. Rued
stated a 50 foot setback is required for mining activities and a
maximum slope of 1-1/2 to 1. Mr. Rued stated Henderson Homes,
Inc. has obtained a conditoned variance from the Hearing
Examiner that would allow for excavation to occur within the 50 foot
setback and for excavated slopes steeper than 1-1/2 to 1.
Ken Kinared
WA, 98009
Mr. Kinared
Development
MIN0001-90.
- Henderson Homes Inc., PO Box 3866, Bellevue,
briefly reviewed the the request of Henderson
Inc. to amend their mining permit Application No.
Mr. Kinared stated Henderson Development pursued
amending the mining permit in order to accomplish grading of the
entire area at one time rather than lot by lot. Mr. Kinared reserved
his comments for later in the public hearing in order to respond to
public comments.
Susan Ryan - 5101 Mill Pond Loop, Auburn, WA
Mrs. Ryan stated her property is located on Lot 17, Division No. 1
of Lakeland Hills and is the one property most greatly impacted by
the excavation of Division No. 14. Mrs. Ryan stated Henderson
Homes Inc. plans to build a rockery along the entire length of their
back property line, approximately 15 feet from their back deck and
approximately 4-1/2 feet in height. Mrs. Ryan stated the 10-foot
high rockery will be approximately 10 feet beyond the 4-1/2 foot
rockery. Mrs. Ryan expressed concern she did not receive notice
of the November 22, 1994, public hearing before the Hearing
Examiner on the matter of the variance application. Mrs. Ryan
stated she believes the excavation will reduce the value of her
property, weaken the soil her home rests on, and together with the
natural spring activity on her property will destabilize her land. Mrs.
Ryan requested Henderson Homes either eliminate or redesign
lots 6, 7, 8, and 9 and not clearcut the hillside. Mrs. Ryan
requested the City Council not grant Henderson Homes the
variance for Division No. 14 of Lakeland Hills. Mrs. Ryan
requested she be notified prior to excavation taking place adjacent
to her property.
Dan Rollins - 907 51st SE, Auburn, WA
Mr. Rollins stated he opposes Henderson Homes' request for
steeper slopes because of the amount of natural water in the
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City of Auburn Council Meetinq Minutes January 17, 1995
Lakeland Hills area. Mr. Rollins questioned the stability of the soil
should the steeper slopes be allowed. Mr. Rollins also expressed
his concerns with traffic in his neigborhood, and the limited
ingress/egress to and from the development other than via 51st
Street SE or 57th Street SE. Mr. Rollins also expressed concern
with Henderson Homes keeping the streets clean during their
excavation.
Ken Kinared - Henderson Homes
Mr. Kinared responded to Mr. Rollins concerns. Mr. Kinard stated
they have done the best they can in maintaining clean streets. Mr.
Kinard also stated the densities in the Lakeland Hills area are less
than the densities allowed in the Comprehensive Plan, and
consequently the traffic is less. Mr. Kinared also stated the final
plats of Division Nos. 7 and 8 provide for an arterial access
through Pierce County which will provide additional access. Mr.
Kinared stated the rockeries have been designed, reviewed and
approved according to City standards and will be constructed on
Henderson Homes' property.
Ron Harper- Associated Earth Sciences, geotechnical consultant
for Henderson Homes
Mr. Harper explained the area of Lakeland Hills consists of a
glacial unit composed of dense sediments. Mr. Harper explained
Henderson Homes will excavate into dense sediments, and rock
faces will be constructed to protect them from erosion. Mr. Harper
stated drainage will be provided behind the rockeries.
Councilmember Brothers questioned the reason for the variance by
Henderson Homes.
Senior Planner Rued stated the applicant cannot perform mining
activities within 50 feet of a property line without a variance and
cannot construct slopes steeper than 1-1/2 to 1 without a variance.
Councilmember Borden asked which existing lots are affected by
the excavation within the 50 foot setback. Mr. Kinared stated the
excavation for the 10-foot rockery is for Lots 7, 8, 9 and 10 which
are adjacent to Lot 17 and several other lots above it.
Councilmember Borden asked what the effect would be if the
variance is denied. Mr. Kinared stated he believes Henderson
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City of Auburn Council Meetinq Minutes January 17, 1995
Homes could accomplish the grading lot by lot under a building
permit rather than through a mining permit.
Senior Planner Rued disagreed with Mr. Kinared's interpretation.
Mr. Rued stated that the preliminary plat for the development
provides for certain grades and other standards, and the issuance
of a building permit does not exempt the applicant from meeting the
City Code standards.
Councilmember Borden noted that the additional excavation of
222,000 cubic yards of materials and the rockeries makes the
project quite different than originally proposed.
Senior Planner Rued noted since no appeal was filed, the
variance application from Henderson Homes has already been
granted by the Hearing Examiner.
Mr. Kinared requested the City Council approve the proposal as
submitted and requested.
Motion by Councilmember Burns, second by Councilmember
Barber to close the public hearing.
MOTION CARRIED UNANIMOUSLY. 6-0.
Councilmember Borden stated she has questions with regard to the
excavation and the vegetation to be removed. She asked that the
matter be referred back to the Public Works Committee.
Councilmember Burns suggested a joint meeting of the Planning
and Community Development Committee and the Public Works
Committee.
Motion by Councilmember Burns, second by Councilmember
Wagner to refer the request of Henderson Homes Inc. for
Application Nos. PLT0005-90, PLT0006-90, and MIN0001-90 to a
joint meeting of the Planning and Community Development
Committee and Public Works Committee on Tuesday, February 14,
1995, at 5:30 p.m.
MOTION CARRIED UNANIMOUSLY. 6-0.
Page 6
City of Auburn Council Meetinq Minutes January 17, 199-~
Audience Participation
Mayor Booth asked for citizen participation.
Mike Morrisette - Executive Manager of the Auburn Area Chamber
of Commerce, 228 - 1st Street N.E., Auburn, WA
Mr. Morrisette stated he was present to speak on behalf of the
Board of Directors of the Auburn Area Chamber of Commerce and
its membership to urge the City Council to vote for the adoption of
Ordinance No. 4721. Mr. Morrisette stated the Ordinance
represents good public policy, provides a common sense approach
to managing City personnel and any conflicts of interest that may
arise, and exhibits good business judgement. Mr. Morrisette stated
the Ordinance provides for an open and public method for handling
any possible conflicts of interest. Mr. Morrisette also added the
Ordinance would empower the City and its Personnel Department
to recruit and employ the most qualified and most experienced
employees. Mr. Morrisette stated that according to information he
has received, the City incurred approximately $106,000 in outside
legal fees per year for the period of 1990-1993. Mr. Morrisette
stated that since Mike Reynolds has been Acting City Attorney, the
City's Legal Department has not incurred any outside legal
expenses. Mr. Morrisette also stated 32 cities surveyed in
Washington do not have restrictions on City Attorney positions in
having outside clients. Mr. Morrisette summarized that at their
Board meeting of December 9, 1994, the Auburn Area Chamber of
Commerce voted unanimously to support this Ordinance.
Councilmember Haugen arrived at this time during the Audience
Participation portion of the meeting.
Ivan Rosenberr¥ - 1402 22nd Street N.E., Auburn, WA
Mr. Rosenberry spoke in opposition to Ordinance No. 4721. Mr.
Rosenberry stated he believes the City of Auburn should have a
full-time City Attorney. Mr. Rosenberry spoke against employees
of the City "moonlighting" through employment at a second job.
Mr. Rosenberry stated an employee who holds more than one job
cannot serve either employer adequately, and their loyalty and
interest would be divided. Mr. Rosenberry stated if the City is not
providing sufficient income to hire a City Attorney, the City should
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City of Auburn Council Meetinq Minutes January 17, 199-~
review the salary. Mr. Rosenberry urged the City Council to retain
the existing Ordinance regarding the City Attorney position.
Bill Kyle - 2001 19th Drive N.E., Auburn, WA
Mr. Bill Kyle stated he wished to speak in favor of Ordinance No.
4721. Mr. Kyle stated Acting City Attorney Mike Reynolds has
done an excellent job representing the citizens and the City of
Auburn. Mr. Kyle stated that with the salary the City is offering for
the position, the City cannot attract a candidate with the same
qualifications as Mr. Reynolds. Mr. Kyle urged the City Council to
approve Ordinance No. 4721.
Delores Kyle- 2001 19th Drive N.E., Auburn, WA
Mrs. Kyle stated she does not believe the City can obtain a City
Attorney for the salary and benefits the City of Auburn is offering.
She stated the City of Auburn deserves the best representation.
Mrs. Kyle stated she has no problem with Ordinance No. 4721, as
any outside clients of the City Attorney would be reviewed on a
case by case basis.
Ken Kinared - P.O. Box 3866, Bellevue, WA
Mr. Kinared stated he is the Chair of the Auburn Area Chamber of
Commerce Local Government Committee and is responding tonight
on the Committee's behalf as well as Henderson Homes Inc. Mr.
Kinared stated OrdinanCe No. 4721 appears to provide the City
additional flexibility in administering the City in an efficient manner,
without hampering or interferring in protecting the City in any way.
Mr. Kinared then asked the Councilmembers whether they are
Councilmembers moonlighting as Councilmembers, whether they
moonlight on other jobs, and how many are employed otherwise.
Mr. Kinared indicated Councilmembers did not need to answer his
question.
Cyril Van Selus - 20 Riverview Drive S.E., Auburn, WA
Mr. Van Selus stated the current Ordinance regarding the position
of City Attorney was adopted in the 1960's, and the knowledge and
requirements of a City Attorney have greatly changed since then.
Mr. Van Selus stated the City Attorney today must be much more
knowledgeable and experienced in land management, wetlands,
and other issues not common in the 1960's. Mr. Van Selus stated
he is amazed the position of City Attorney and outside clients has
become such a big issue compared to similar discussions in other
cities over the years. Mr. Van Selus stated the City of Kent
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City of Auburn Council Meetinq Minutes January 17, t99-~
changed their ordinance a few years ago, which did not draw the
concern or publicity associated with the City of Auburn. Mr. Van
Selus asked the City Council to vote on Ordinance No. 4721 based
upon the facts and not on what conflicts, if any, might occur in the
future.
Michael Bocatch - 111 "H" Street S.E., Auburn, WA
Mr. Bocatch read into the record a statement he said he made to
the City Council several months ago. Mr. Bocatch stated he is
concerned with the appointment of Mike Reynolds to the position of
Acting City Attorney. Mr. Bocatch stated his concern should not be
perceived as a personal attack against Mike Reynolds; however,
he is concerned that Mr. Reynolds is allowed to continue his
private law practice concurrently with Acting City Attorney for
Auburn. Mr. Bocatch stated Mr. Reynolds is probably required to
work 80 hours per week or more and both practices will suffer
because of it. Mr. Bocatch further stated he is concerned with the
potential conflict of interest with his clientele from his private
practice and his position as Acting City Attorney. Mr. Bocatch
added that even though there may be no conflict of interest, the
appearance of inpropriety would always be present. Mr. Bocatch
expressed his concern with the amount of information Mr. Reynolds
would need to divulge about his clients in order to satisfy the
potential for conflict of interest. Mr. Bocatch stated Mr. Reynolds
should be required to forego his private practice, or the City of
Auburn should begin a search for a permanent City Attorney. Mr.
Bocatch stated that while he believes Acting City Attorney Mike
Reynolds possesses all the attributes for City Attorney, Mr.
Bocatch perceives the conflict of interest or appearance of
unfairness in any City Attorney who is allowed to represent clients
apart from the City when no guidelines or restraints have been
established to determine what criteria outside clients must meet to
qualify as a non-threat to the citizens of Auburn. Mr. Bocatch
described what he believes to be a conflict of interest as part of the
public hearings that were held for the construction of the new high
school. Mr. Bocatch stated he expressed his concerns during the
public hearings about the construction of the new high school in
potential flood areas and who would become financially
responsible for any damages, the City or the school district. Mr.
Bocatch stated he has not received an answer to his concern, and
he perceives this as due to a conflict of interest.
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City of Auburn Council Meetinq Minutes January 17, '1995
10.
11.
Kris Susee - 20205 71st Street East, Bonney Lake, WA
Ms. Susee stated she is representing the Auburn Downtown
Association tonight in her comments with regard to Ordinance No.
4721 and Mr. Mike Reynolds as Acting City Attorney. Ms. Susee
stated that the Auburn Downtown Association's contact with Acting
City Attorney Reynolds occured last May when a technical error in
the Ordinance establishing the Business Improvement Area was
detected. Ms. Sousee stated Acting City Attorney Reynolds'
professionalism and expertise helped the Downtown Association
continue its work. Ms. Susee stated Acting City Attorney Reynolds
has also assisted the Auburn Downtown Association in its
successful negotiations with the Supermall for the benefit of the
downtown community. Ms. Susee expressed the Auburn
Downtown Association's hope that Mr. Reynolds continue in the
capacity of Acting City Attorney.
Mike Weekley ~ 809 11th Street N.E., Auburn, WA
Mr. Weekley stated he is uncomfortable with the adoption of
Ordinance No. 4721 prior to the release of a list of clients by Mr.
Reynolds. Mr. Weekley also expressed concern with the conflict of
the amount of time the City Attorney would be spending on the City
of Auburn and his other clients. Mr. Weekley spoke against the
City Council putting the City in a position for potential conflict and
embarrassment. Mr. Weekley asked the City Council to either
maintain the existing ordinance or delay consideration of
Ordinance No. 4721 until a list of clients is received.
Fred Poe - 1811 -4th Street N.E., Auburn, WA
Mr. Fred Poe stated the existing Ordinance regarding the position
of City Attorney needs to be fixed. Mr. Poe expressed .concerned
with the number of outside legal issues the City has been involved
with over the last several years. Mr. Poe urged the Council to
either offer a salary that would attract someone like Mr. Mike
Reynolds and his level of competence or adopt Ordinance No.
4721.
John Raeder - 4102 "B" PI. N.W., Auburn, WA
Mr. Raeder stated his concern with the existing Ordinance
regarding the position of City Attorney and the City's inability to
attract a qualified attorney for the position of City Attorney. Mr.
Raeder asked for the City Council's support of Ordinance No.
4721.
Page 10
City of Auburn Council Meetinq Minutes January 17, 199-';
12.
13.
14.
15.
Don Spellman - 1210 Auburn Way North, Auburn, WA
Mr. Spellman expressed his concern with the City Attorney being
allowed to represent other clients. Mr. Spellman stated he
perceives this as a violation of the taxpayers of this community who
want their moneys worth and who want assurance they are being
represented fairly. Mr. Spellman questioned how a City Attorney
could give full time attention to the City of Auburn while serving
outside clients. Mr. Spellman also expressed concern that the
outside client list has not been reviewed prior to the adoption of the
Ordinance. Mr. Spellman stated he is not in favor of Ordinance
No. 4721.
Keith Cantwell- 1243 S.E. 323rd Street, Auburn, WA
Mr. Cantwell stated his surprise that the City of Auburn does not
already have an Ordinance like Ordinance No. 4721 which treats
all employees equally. Mr. Cantwell urged the City Council to
adopt Ordinance No. 4721. Mr. Cantwell stated he has worked
with Mr. Reynolds on personnel matters at the Auburn School
District, and Mr. Cantwell challenged the City to find anyone with
more knowledge and expertise in personnel matters than Acting
City Attorney Mike Reynolds.
Marian Thomas- 1803 -3rd Street N.E., Auburn, WA
Ms. Thomas stated the City has grown and changed over the last
30 years. Ms. Thomas stated the work code ethic for attorneys is
very high and the number of hours devoted to their profession is
significant. Ms. Thomas spoke in favor of the Ordinance as it also
applies to other City employees and Councilmembers.
Michael Bocatch - 111 "H" Street S.E., Auburn, WA
Mr. Bocatch stated in the last paragraph on Page 1 of Ordinance
No. 4721 it states," .he/she shall submit information on the
outside position and a list of client names to the appropriate
Department Head. " Mr. Bocatch questioned who the
"appropriate Department Head" would be. Mr. Bocatch also noted
the first paragraph on Page 2 of the Ordinance which states in part,
"...he/she shall submit information on the outside position and a
list of client names..." Mr. Bocatch questioned whether the "list of
client names" refers to company names and the names of the
people in the company. Mr. Bocatch stated he also objects to the
word "may" in the last sentence of the first paragraph on Page 2,
and requested it be changed to "will".
Page 11
City of Auburn Council Meetinq Minutes January 17, 1995
C. Correspondence
Letter dated December 29, 1994 to Charles A. Booth, Mayor, from
Thomas R. Kissner protesting LID 346.
Memo addressed to the Mayor and Members of the City Council
from Director of Planning Paul Krauss, Director of Public Works
Frank Currie, and Fire Chief Bob Johnson dated January 11, 1995,
regarding a request to locate a tire store in the former Jessie's
Furniture Building.
Motion by Councilmember Brothers to recess the City Council meeting for five
minutes.
MOTION DIED DUE TO LACK OF A SECOND.
A3.7.6
A.
III. COUNCIL COMMITTEE REPORTS
Municipal Services
Municipal Services Committee Chair Brothers reported the Municipal
Services Committee met this afternoon at 4:30 p.m. and reviewed the
Annual Report of the City's cable television consultant and tabled issues
related to citizen complaints of cable service pending the appearance of a
representative of the cable company. Chair Brothers reported the
Municipal Services Committee requested staff prepare a request for bids
for the Municipal Services Annex. The next meeting of the Municipal
Services Committee is scheduled for Monday, February 6, 1995 at 4:30
p.m.
Planninq & Community Development
Committee Chair Burns reported the Planning and Community
Development Committee met Tuesday, January 10, 1995, and the next
meeting of the Planning and Community Development Committee is
scheduled for Tuesday, January 24, 1995 at 5:30 p.m. Chair Burns stated
the minutes of their last meeting are a matter of public record, and
requested Council support of those items as they appear on this
evening's agenda.
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City of Auburn Council Meetin,q Minutes January 17, 1995
Eo
Public Works
Public Works Committee Chair Wagner reported the. Public Works
Committee met on January 9, 1995, and discussed items on this
evening's agenda to develop a cost of service study for the water utility
and to allow a nonconforming fence on the 37th Street S.E. project. Chair
Wagner also reported the Committee discussed the Mill Creek Interlocal
Agreement and storm drainage improvements and received an update on
the Cenex situation.
Finance
Finance .Committee Chair Barber reported the Finance Committee met
this evening at 7:00 p.m. and discussed Resolution No. 2603 which is
recommended for Council approval. Chair Barber also reported the
Finance Committee reviewed and recommends approval of claims and
payroll vouchers. The next meeting of the Finance Committee is
scheduled for Monday, February 6, 1995 at 7:00 p.m.
Committee on Committee
Committee on Committee Chair Kurle reported the Committee on
Committee met on January 5, 1995, and discussed Standing Committee
assignments as well as LEOFF Board and Fire Relief and Pension Board
assignments. Chair Kurle requested City Council support of the Standing
Committee assignments contained in Resolution No. 2602 later in this
evening's agenda.
IV. CONSENT AGENDA
Minutes
1. Minutes of the January 3, 1995 regular Council meeting.
Vouchers
F4.9.2, F4.9.5
Claim numbers 98430 through 98613 in the amount of
$1,048,906.38 and dated December 31, 1994; and Claim numbers
98614 through 98737 in the amount of $1,118,503.33 and dated
January 17, 1995.
Payroll numbers 212280 through 212284 in the amount of
$3,017.05 for the pay period covering 12/30/94 to 12/31/94, and
Payroll numbers 212285 through 212369 in the amount of
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City of Auburn Council Meetinq Minutes January 17~ 1995
$29,575.96 for the pay period covering 01/01/95 to 01/10/95 are
approved for payment this 17th day of January, 1995.
C. Contract Administration
Public Works Contract No. 94-10
O4.9.1 PR 547
Approve Pay Estimate No. 5, Final to Apply-A-Line, Inc. for PR
547, 1994 Channelization Program, Contract No. 94-10 in the
amount of $6,843.04.
Public Works Contract No. 94-07
04.6.3 PR 549
Award Public Works Contract No. 94-07 to Charles L. Fournier
Company, Inc. for Small Works Roster Project No. PR 549 for
urgent sanitary sewer repairs.
Motion by Councilmember Kurle, second by Councilmember Burns to approve
Consent Agenda Items IV.A through IV.C.2.
MOTION CARRIED UNANIMOUSLY. 7-0.
V. UNFINISHED BUSINESS
Ordinance No. 4721
A3.5.5.2
An Ordinance of the City of Auburn, Washington, amending Auburn
Municipal Code Section 2.12.030 to provide a conflict of interest standard
and compliance with City policy.
Motion by Councilmember Barber, second by Councilmember Borden to
remove Ordinance No. 4721 from the table.
MOTION CARRIED UNANIMOUSLY. 7-0.
Motion by Councilmember Barber, second by Councilmember Borden to
introduce and adopt Ordinance No. 4721.
Councilmember Burns stated Ordinance No. 4721 is a matter that has
been discussed extensively by Councilmembers, and the record is clear
on his position on the Ordinance. Councilmember Burns stated he
believes changing the existing code would be bad public policy.
Councilmember Burns proposed an amendment to Ordinance No. 4721
which would create an Ethics Committee comprised of the three most
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City of Auburn Council Meetinq Minutes January 17, 1995
senior members (~f the City Council. Councilmembers Burns stated the
Ethics Committee would review the potential conflicts of all City
employees and would refer their recommendations back to the full City
Council for action. Councilmember Burns distributed copies of his
proposed amendment to the City Council. Councilmember Burns stated
the City Council should rely upon the Committee system to perform the
function of recognizing potential conflicts of interest and determining
when these matters should be brought before the full City Council.
Motion by Councilmember Burns, second by Councilmember Brothers to
amend Ordinance No. 4721 by adding the following language to the last
paragraph of Section 1: "All outside positions, personal services
contracts, and lists of clients of all city employees shall be submitted to
the City Council's Ethics Committee, consisting of the Council's three (3)
most senior members, for consideration and recommendation. The report
of the Ethics Committee shall be forwarded to the Council for final action."
Councilmember Borden expressed concern with the
amendment just presented by Councilmember Burns.
proposed
Councilmember Burns stated an Ethics Committee with the assignment of
all the ethical issues regarding all the employees of the City of Auburn is
an appropriate means to deal with the matter.
Councilmember Borden spoke in favor of Ordinance No. 4721 as
presented in tonight's agenda.
Councilmember Burns stated the proposed amendment puts the matter in
the hands of the Council Committee structure and subject to review by the
entire City Council.
Councilmember Kurle stated Ordinance No. 4721 as written gives the
Council the ability to address conflicts of interest through the Committee
system. Councilmember Kurle stated he is not opposed to an Ethics
Committee, but he suggested the formation of an Ethics Committee
should be pursued through the Committee on Committee and should be a
separate issue from Ordinance No. 4721. Councilmember Kurle
concluded Ordinance No. 4721, as written, allows City Council action
through the Committee system.
Councilmember Brothers disagrees with Councilmember Kurle and
believes Ordinance No. 4721, as proposed, is not consistent with the
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City of Auburn Council Meetinq Minutes January 17, 1995
Council Committee system. Councilmember Brothers questioned who
authored proposed Ordinance No. 4721.
Councilmember Wagner stated Ordinance No. 4721 focuses on the issue
the City Council is concerned with right now, and that is conflict of
interest. Councilmember Wagner stated the Council should address that
portion of ethics in Ordinance No. 4721 now. He agreed with
Councilmember Kurle that the question of whether there is a larger ethics
control issue needed in the City should be done through the Committee
on Committee. Councilmember Wagner urged the Council to adopt
Ordinance No. 4721, which has good controls in it, and keeping the Chair
of the Finance Committee, the Mayor Pro-tem and the Mayor as a review
committee.
Councilmember Barber stated she is proud of Ordinance No. 4721 and
urged the Council to address the Ordinance now.
Councilmember Haugen stated she is not opposed to an Ethics
Committee, but being the junior member of the Council, she has a
problem with senior members of the Council on the Committee.
Councilmember Haugen asked for a reading of Ordinance No. 4721 as
written. Mayor Booth requested the City Clerk read Ordinance No. 4721
in its entirety. City Clerk Robin Wohlhueter read Ordinance No. 4721.
Councilmember Haugen stated she has no problem with Ordinance No.
4721 as it reads now. Councilmember Haugen stated she worries about a
potential conflict of interest as a Councilmember. Councilmember
Haugen stated a committee to review conflict of interest is probably a
good idea.
Councilmember Burns stated the City needs an Ethics Committee
charged with reviewing the ethical issues of all City employees and
reporting to the full City Council. Councilmember Burns stated he would
be willing to debate the composition of the Ethics Committee.
Councilmember Barber agreed with Councilmember Wagner and stated
she does not have an objection to an Ethics Committee, but it is not
important to oversee Ordinance No. 4721.
Councilmember Haugen stated she agreed with Councilmember Barber
and urged the Council to act on Ordinance No. 4721 promptly and pursue
the formation of an Ethics Committee. Councilmember Haugen asked
Acting City Attorney whether he objected to divulging information about
Page 16
City of Auburn Council Meetinq Minutes January 17, 1995
his clients if he is City Attorney. Acting City Attorney Reynolds indicated
he has no objection.
Councilmember Borden stated she opposes the amendment.
MOTION TO AMEND ORDINANCE NO. 4721 FAILED. 2-5.
Councilmembers Wagner, Haugen, Borden, Barber, and Kurle voted no.
Motion by Councilmember Brothers, second by Councilmembers Burns to
amend Ordinance No. 4721 for clarification purposes, as follows: the
fourth line of page 2 be amended to incude "DBA (doing business as)"
instead of the words "doing business as" and line 8 of page 2 be
amended to replace the word "may" with the word "shall".
MOTION CARRIED. 4-3. Councilmembers Wagner, Borden, and Barber
voted no.
THE MOTION TO INTRODUCE AND ADOPT ORDINANCE NO. 4721 AS
AMENDED CARRIED. 5-2. Councilmembers Burns and Brothers voted
no.
Bo
Ordinance No. 4725
o3.1o.3 MINOOO1-94
An Ordinance of the City of Auburn, Washington, approving a surfacing
mining permit to allow the excavation of approximately 220,000 cubic
yards of material to accommodate the construction of a 176 lot single
family residential subdivision within the City of Auburn, Washington.
Motion by Councilmember Burns, second by Councilmember Wagner to
introduce and adopt Ordinance No. 4725.
Councilmember Haugen questioned where the rock crusher will be
located. Planning and Community Development Director Krauss advised
the Ordinance provides the rock crusher will be located on the site in a
manner that minimizes impact to the residences. Mr. Krauss stated there
are also restrictions on hours of operation of the rock crusher. Mr. Krauss
estimated the rock crusher will be in operation 4-6 weeks.
MOTION CARRIED. 5-2. Councilmembers Borden and Haugen voted
no.
Motion by Councilmember Brothers, second by Councilmember Burns to recess
the meeting for five minutes.
Page 17
City of Auburn Council Meetinq Minutes' January 17, 1995
MOTION CARRIED. 6-1. Councilmember Borden voted no. The Mayor Booth
recessed the meeting at 9:30 p.m. Mayor Booth reconvened the meeting at 9:35
p.m.
VI. NEW BUSINESS- None.
VII. ORDINANCES AND RESOLUTIONS
A. Ordinances - None.
B. Resolutions
Resolution No. 2589
03.11.2
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to enter into an agreement
between the City of Auburn and Auburn Community Suppers for
1995.
Motion by Councilmember Burns, second by Councilmember
Barber to adopt Resolution No. 2589.
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 2590
03.11.2
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute an agreement with
Child Care Resources to provide child care referral service for
1995.
Motion by Councilmember Burns, second by Councilmember
Haugen to adopt Resolution No. 2590.
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 2591
03.11.2
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayo,r and City Clerk of the City of Auburn, to
execute a 1995 Contract for Services between the City of Auburn
and Domestic Abuse Women's Network (DAWN).
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City of Auburn Council Meetinq Minutes January 17, 1995
o
°
Motion by Councilmember Burns, second by Concilmember Borden
to adopt Resolution No. 2591.
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 2592
O3.11.2
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk of the City of Auburn, to
execute a contract between the City of Auburn and Domestic
Abuse Women's Network (DAWN) relating to funds received from a
portion of the King County Proposition 2 sales tax money to
provide domestic violence community advocacy services for 1995.
Motion by Councilmember Burns, second by Councilmember
Borden to adopt Resolution No. 2592.
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 2593
O3,11.2
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk of the City of Auburn, to
execute an agreement with King County Sexual Assault Resource
Center to provide counseling services to rape and other sexual
assault victims within the Auburn area during 1995.
Motion by Councilmember Burns, second by Councilmember
Barber to adopt Resolution No. 2593.
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 2594
O3.11.1
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute an agreement with
Auburn Youth Resources for support services for youth and
families in the Auburn community for 1995.
Motion by Councilmember Burns, second by Councilmember
Borden to adopt Resolution No. 2594.
MOTION CARRIED UNANIMOUSLY. 7-0.
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City of Auburn Council Meetin.q Minutes January 17, 1995
o
10.
Resolution No. 2595
03.11.2
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute an Agreement for
Services with the Auburn Food Bank to purchase and provide food
to Auburn residents during 1995.
Motion by Councilmember Burns, second by Councilmember
Haugen to adopt Resolution No. 2595.
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 2596
O3.'11.2
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute an Agreement for
Services with Washington Women's Employment and Education to
provide employment training services to Auburn residents
participating in the Auburn Healthy Families Program during 1995.
Motion by Councilmember Burns, second by Councilmember
Barber to adopt Resolution No. 2596.
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 2597
O3.11.2
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute an Agreement for
Services with Community Health Centers of South King County to
provide health services to Auburn residents during 1995.
Motion by Councilmember Burns, second by Councilmember
Borden to adopt Resolution No. 2597.
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 2598
F4.3.1
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute an Agreement for
Professional Services between the City and Cathleen Carr, Inc., to
develop a Cost of Service Study for the water utility department.
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City of Auburn Council Meetin,q Minutes January 17, 1995
11.
12.
13.
Motion by Councilmember Wagner, second by Councilmember
Kurle to adopt Resolution No. 2598.
MOTION CARRIED. 6-1. Councilmember Haugen voted no.
Resolution No. 2599
O3.11 .'1
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute an agreement with
Valley Cities Counseling and Consultation to provide mental health
services for Auburn residents during 1995.
Motion by Councilmember Burns, second by Councilmember
Barber to adopt Resolution No. 2599.
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 2600
03.11.2
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute an agreement with
Children's Home Society to provide child care services through the
Families First Program for 1995.
Motion by Councilmember Burns, second by Councilmember
Borden to adopt Resolution No. 2600.
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 2601
A3.13.4
A Resolution of the City Council of the City of Auburn, Washington,
as part of the resolution of a condemnation proceeding (37th Street
S.E.) declare that the existing fence on Parcel No. 145219-0005,
as legally described is substantially in compliance before the
taking and the taking shall not result in the fence being in non-
compliance such that future repairs or replacement may be
authorized.
Councilmember Wagner noted Resolution No. 2601 as contained
in the agenda does not reflect a change that resulted at the Public
Works Committee meeting.
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City of Auburn Council Meeting Minutes January t7, t995
14.
15.
Motion by Councilmember Wagner, second by Councilmember
Burns to adopt Resolution No. 2601 with the following correction to
the Resolution as approved by the Public Works Committee at its
meeting of January 9, 1995: Page 2, Section 1, last sentence shall
read: "Future repair and/or replacement along the present existing
fence alignment is authorized so long as the current use of the
parcel under the City of Auburn's Zoning Code continues.
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 2602
A3.7.1
A Resolution of the City Council of the City of Auburn, Washington,
repealing Resolution No. 2464 passed January 18, 1994, and
designating the members, powers, duties and meeting times and
days of all Standing Committees of the City Council of the City of
Auburn.
Motion by Councilmember Kurle, second by Councilmember
Brothers to adopt Resolution No. 2602.
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 2603
A1.4.1, A3.12.9.9
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk of the City of Auburn to
execute an agreement with Janice Alexander of Alexander
Professional Screening Services.
Motion by Councilmember Barber, second by Councilmember
Brothers to adopt Resolution No. 2603.
MOTION CARRIED UNANIMOUSLY. 7-0.
IX. MAYOR'S REPORT
Executive Session - None.
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City of Auburn Council Meetinq Minutes January 17, 1995
X. ADJOURNMENT
There being no further business to come before the City Council, the meeting
adjourned at 9:44 p.m.
Charles A. Booth, Mayor
95M1-17
Robin Wohlhueter, City Clerk
Page 23
