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CITY OF AUBURN
COUNCIL MEETING MINUTES
October 3, 1994
I. CALL TO ORDER
A. Flag Salute
Mayor Booth called the meeting to order at 7:30 p.m. and led those in attendance
in the pledge of allegiance.
B. Roll Call
Those in attendance included Mayor Booth and Members of the Auburn City
Council as follows: Pat Bums, Rich Wagner, Virginia Haugen, Trish Borden,
Jeanne Barber, Stacey Brothers, and Don Kurle.
Staff members present included Police Chief Dave Purdy, Fire Chief Bob Johnson,
Personnel Director Brenda Kennedy, Parks and Recreation Director Len
Chapman, Finance Director Victor Thompson, Public Works Director Frank
Currie, Senior Planner Lynn Rued, Acting City Attorney Mike Reynolds,
Assistant City Attorney Judy Ausman, Deputy City Clerk Gayle Butcher, and
Deputy City Clerk Dani Daskam.
C. Announcements & Appointments
1. Announcements
a. Proclamation
Al.8
Mayor Booth read and presented a proclamation to Public Works
Director Frank Currie proclaiming October 17 -23, 1994 as
Auburn Recycle Week.
2. Appointments
There were no appointments to be considered this evening.
D. Agenda Modifications
An agenda modification was transmitted as attachments under Item VII.B.1 of
these minutes and consists of the Engineer's Certificate and the Proposed LID
#348 Assessments.
II. CITIZENS INPUT. PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings - None.
AUBURN CITY COUNCIL MINUTES
October 3, 1994
Page 2
B. Audience Participation
1. Michael Bocatch. 111 "H" Street S.E.. Auburn. W A
Mr. Bocatch expressed his concern with regard to the appointment of
Mike Reynolds as Acting City Attorney while continuing his private
practice. Mr. Bocatch stated he was concerned Mr. Reynolds would be
required to work 80 hours a week to maintain his private and public
practices and the potential effect the long hours might have on both
practices. Mr. Bocatch stated he is also concerned with the potential for
and the appearance ofa conflict of interest between Mr. Reynolds' private
practice clientele and Mr. Reynolds' position as Acting City Attorney.
Mr. Bocatch stated the City should either renegotiate its contract with Mr.
Reynolds to prohibit him from retaining his private practice or pursue a
search for a permanent City Attorney. Mr. Bocatch then read an excerpt
from a publication of the Heritage Foundation's U.S. Congress
Assessment Project dated January, 1993. Mr. Bocatch stated the City
needs a permanent City Attorney.
2. John Eaton. 2922 14th Place S.E.. Auburn. WA
Mr. Eaton stated he is concerned with the lack of painted crosswalks on
4th Street N.E. in the vicinity of Auburn High School since the repaving
of the street. Mr. Eaton said the street was paved three to four weeks ago
and the crosswalks have yet to be repainted. Mr. Eaton stated he is
concerned for the safety of the school children and concerned with the lack
of response by the City to his previously expressed concerns regarding the
crosswalks. Public Works Director Currie stated he will know more
tomorrow regarding the schedule for painting the crosswalks.
Mr. Eaton also stated he is a frequent driver of "M" Street, and he
requested some kind of clarification, striping or other means, to indicate
whether "M" Street S.E. southbound between the Highway 18 overpass
and 12th Street S.E., is for two-lane or one-lane traffic. Mr. Eaton also
urged the Council to install more crosswalks in the City, especially on
"M" Street.
Mayor Booth stated Mr. Eaton had called him two to three days after 4th
Street N.E. was repaved and expressed his concern with the lack of
crosswalks painted on the new pavement. Mayor Booth stated the paving
contractor had promised to install temporary crosswalks immediately.
3. Ken Minkler. 607 29th Street S.E. Apt. A-2. Auburn. WA
Mr. Minkler expressed his concern with the traffic congestion caused by
the construction projects taking place on "A" Street S.E and Auburn Way
South.
AUBURN CITY COUNCIL MINUTES
October 3, 1994
Page 3
C. Correspondence
A3.6.5
1. A petition from residents of 21st Place S.E. dated September 21, 1994,
requesting a sign reading "SLOW CHILDREN A T PLAY" at the comer
of 21st Street S.E. and 21st Place S.E.
2. Mayor Booth read into the record a letter addressed to Mayor Booth from
County Councilmember Chris Vance and dated September 30, 1994.
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
A3.6.4.4
Chair Brothers reported the Municipal Services Committee met this afternoon at
4:30 p.m. and recommends approval of Ordinance No. 4703 and Resolution No.
2558. Chair Brothers reported the Committee also discussed police operations
and preliminary fire station sites. The next meeting of the Municipal Services
Committee is scheduled for Monday, October 17, 1994 at 4:30 p.m.
B. Planning & Community Development
A3.6.4.4
Chair Bums reported the Planning and Community Development Committee met
on Monday, September 26, 1994 at 7:30 p.m., and the Committee discussed
several items. Chair Bums reported the Committee had its first review and
discussion of the draft Comprehensive Plan. Chair Bums stated he expected the
draft Comprehensive Plan will be considered by the City Council in about two
months. The next meeting of the Planning and Community Development
Committee is scheduled for Monday, October 10, 1994 at 7:30 p.m.
C. Public Works
A3.6.4.4
Chair Wagner reported the Public Works Committee met September 26, 1994 at
5:30 p.m. and discussed Resolution No. 2556 which calls for a public hearing on
West Main Street improvements (LID 348). Chair Wagner requested Council
support of Resolution No. 2559 authorizing a consultant agreement between the
City and Agra Earth and Environmental, Inc. Chair Wagner also reported the
Committee reviewed the Airport budget and will continue review of the Public
Works budget at the next meeting. Chair Wagner requested Public Works
Director Currie include discussion of the petition under Item No. II.C.1 of these
minutes on the next Public Works Committee agenda. The next meeting of the
Public Works Committee is scheduled for October 10, 1994 at 5:30 p.m.
D. Finance
A3.6.4.4
Chair Barber reported the Finance Committee met this evening at 6:30 p.m. and
reviewed budgets for Personnel, Civil Service, and Municipal Court. Chair
Barber reported the Committee will meet again on Friday, October 7, 1994 at 4:00
AUBURN CITY COUNCIL MINUTES
October 3, 1994
Page 4
p.m. to review the Finance budget and City-wide goals in preparation of the 1995
Budget. Chair Barber requested Council approval of payroll and claims as they
appear in the agenda. The next meeting of the Finance Committee will be held
Friday, October 7, 1994 at 4:00 p.m.
IV. CONSENT AGENDA
A. Minutes
1. Minutes of the September 19, 1994 regular Council meeting.
B. Vouchers
F4.9.2, F4.9.5
1. Claim numbers 95574 through 95913 in the amount of $739,064.02 and
dated October 3, 1994.
2. Payroll numbers 208597 through 209082 and a Direct Deposit
Transmission in the amount of $749,257.33 covering the period
September 19, 1994 to September 23, 1994.
C. Call for Public Hearing
1. 1995 Preliminary Budget
F3.9
Request approval to call for a public hearing at the November 21,1994
regular Council meeting to fix the City of Auburn 1995 Final Budget.
Motion by Councilmember Kurle, second by Councilmember Bums to approve Consent
Agenda Items IV.A through IV.C.1.
MOTION CARRIED UNANIMOUSLY. 7-0.
V. UNFINISHED BUSINESS - None.
VI. NEW BUSINESS
A. Application No. PL TOOO 1-92
03.5 PLTOOOl-92
City Council consideration for final plat approval of a residential subdivision
known as "Lyman's Farm Addition to Auburn" located on the west side of "K"
Street S.E. in the 2200 block.
Motion by Councilmember Bums, second by Councilmember Barber to approve
the Final Plat of Lyman's Farm Addition and instruct the City Attorney to prepare
the necessary Ordinance.
MOTION CARRIED UNANIMOUSLY. 7-0.
AUBURN CITY COUNCIL MINUTES
October 3, 1994
Page 5
VII. ORDINANCES AND RESOLUTIONS
A. Ordinances
1. Ordinance No. 4703
F4.3,01.7
An Ordinance of the City Council of the City of Auburn, Washington,
establishing a fee to be paid by persons confined in the City Jail that
request health services in the amount of five dollars, which amount to be
reviewed from time to time based upon costs.
Motion by Councilmember Brothers, second by Councilmember Wagner
to introduce and adopt Ordinance No. 4703.
MOTION CARRIED UNANIMOUSLY. 7-0.
2. Ordinance No. 4704
03.8 REZ0009-90
An Ordinance of the City Council of the City of Auburn, Washington,
amending Ordinance No. 4649 by deleting Condition No. 8-K.3 requiring
the developer to provide landscaping along the Interurban Trail prior to
occupancy of the "Incredible Universe".
Motion by Councilmember Bums, second by Councilmember Barber to
introduce and adopt Ordinance No. 4704.
Councilmember Borden questioned Attachment "A" to Ordinance No.
4704 in that it appears to delete the landscaping requirement entirely.
Senior Planner Lynn Rued explained Ordinance No. 4627 provides for the
rezone of the Supermall site and contains all conditions of the rezone,
Ordinance No. 4649 provides for the early occupancy by the "Incredible
Universe", and Ordinance No. 4704 will amend Ordinance No. 4649
regarding the early occupancy of the "Incredible Universe". Senior
Planner Rued stated all original conditions contained in Ordinance No.
4627 are still in effect.
MOTION CARRIED UNANIMOUSLY. 7-0.
3. Ordinance No. 4705
03.4.2.1.2
An Ordinance of the City of Auburn, Washington, amending certain
sections of City of Auburn Zoning Code Chapter 18.
Motion by Councilmember Bums, second by Councilmember Borden to
introduce and adopt Ordinance No. 4705.
AUBURN CITY COUNCIL MINUTES
October 3, 1994
Page 6
Councilmember Brothers requested a brief summary of the Ordinance.
Senior Planner Rued explained the ordinance will amend the Zoning Code
in three areas; the first area relates to signs and is necessary as the
existing ordinance does not work well for large projects such as the
Supermall, the second area deals with day cares and reflects recent State
legislation, and the third area relates to nonconforming single family lots
and gives added flexibility to those lots.
MOTION CARRIED UNANIMOUSLY. 7-0.
B. Resolutions
1. Resolution No. 2556
F2.4.9 LID 348, 04.9.1 Street Improvement No. 315
A Resolution of the City Council of the City of Auburn, Washington,
declaring its intention to order the improvement (Street Improvement No.
315) of West Main Street from Auburn Avenue to B Street Southwest,
and to create a local improvement district (LID 348) to those
improvements against the properties specially benefited thereby, and
notifying all persons who desire to object to the improvements to appear
and present their objections at a hearing before the City Council to be held
on November 7, 1994.
Motion by Councilmember Wagner, second by Councilmember Kurle to
adopt Resolution No. 2556.
MOTION CARRIED UNANIMOUSLY. 7-0.
2. Resolution No. 2558
02.4
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 the Washington State
Department of Community, Trade and Economic Development, Fire
Protection Services Division, which provides for reimbursement to the
City for fire protection inspections in State licensed boarding homes
located in the city of Auburn.
Motion by Councilmember Brothers, second by Councilmember Haugen
to adopt Resolution No. 2558.
In response to a question from Councilmember Kurle, Chief Johnson
stated there are four State licensed boarding homes in the city of Auburn
and include the Parks ide Retirement Center, Twin Firs Group Home,
Century House of Auburn, and Chartley House.
MOTION CARRIED UNANIMOUSLY. 7-0.
AUBURN CITY COUNCIL MINUTES
October 3, 1994
Page 7
3. Resolution No. 2559
A3.16.9
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute a consultant agreement
between the City of Auburn and Agra Earth and Environmental, Inc. for
environmental, technical and regulatory guidance not to exceed one year.
Motion by Councilmember Wagner, second by Councilmember Bums to
adopt Resolution No. 2559.
Councilmember Haugen stated she has serious concerns about this
situation. Councilmember Haugen asked what this will accomplish and
what the cost will be over the one year term. Public Works Director
Currie stated the Public Works Committee has the same concerns and
asked that an update and report on the actions to date be given at each
Public Works Committee meeting. Councilmember Haugen requested the
City Council be updated on a regular basis as well.
Public Works Director Currie explained a consultant will be retained to
provide advice on the cleanup operation and on the regulatory
requirements for recovery of any money that is spent by the City.
Councilmember Borden also requested the Council be updated regularly.
Mayor Booth stated the Council will receive regular updates.
Councilmember Brothers also spoke in favor of receiving regular updates.
Councilmember Brothers questioned whether the cost of the consultant
agreement is open ended. Public Works Director Currie stated the
consultant is on an on-call basis subject to the City's request for assistance
in such areas as estimating the size of the spill and determining the
adequacy of the cleanup. Public Works Director Currie estimated the
City has spent $13,000 on the contamination in the area of the Cenex
property .
Councilmember Wagner asked Public Works Director Currie for
confirmation that the cost could range from $25,000 to $100,000 over a
year. Public Works Director Currie estimated the cost would be closer to
the low end of the range.
Councilmember Haugen stated she believes she will not get answers
quickly with regard to the contamination and is concerned with the
expense of retaining a consultant.
Councilmember Bums pointed out the City is dealing with a problem that
calls for an emergency immediate response which requires the City to
identify the damages without first knowing the cost. Councilmember
Bums stated he feels comfortable, based on a briefing by staff, the cost
will be in the range of $25,000 to $100,000 with the possibility the City
will be reimbursed for its expenses.
AUBURN CITY COUNCIL MINUTES
October 3, 1994
Page 8
Councilmember Brothers agreed with Councilmember Bums and stated
this is an emergency situation which potentially imperils the safety of the
citizens and businesses and with potential impacts on the City's water.
Councilmember Brothers stated this will be money well spent because of
the potential public safety issue.
MOTION CARRIED. 6-1. Councilmember Haugen voted no.
VIII. MA VOR'S REPORT
Annual Congress of Cities
A3.8
City Council consideration of designating Councilmember Brothers as a voting delegate
for the Annual Congress of Cities scheduled for December 1 st through 4th, 1994 in
Minneapolis, Minnesota.
Councilmember Haugen requested the cost of the Annual Congress of Cities. Mayor
Booth explained this is not an unusual process, and Councilmember Brothers is the only
Councilmember attending to represent the City of Auburn. Mayor Booth stated expenses
will include registration, travel, and food.
Motion by Councilmember Kurle, second by Councilmember Barber to approve
Councilmember Brothers as the City Council's voting delegate for the Annual Congress of
Cities scheduled for December 1st through 4th, 1994 in Minneapolis, Minnesota.
MOTION CARRIED. 5-2. Councilmembers Borden and Haugen voted no.
Executive Session
A1.3.3.2
Mayor Booth announced there would be an approximate 20-minute Executive Session to
discuss personnel and potential litigation issues. Mayor Booth recessed the City Council
meeting to Executive Session at 8:12 p.m. No action was anticipated as a result of the
Executive Session.
Mayor Booth reconvened the City Council meeting at 9:05 p.m.
IX. ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at 9:05
p.m.
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Charles A. Booth, Mayor
94M10-3
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. Danielle E. Daskam, Deputy City Clerk