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CITY OF AUBURN
COUNCIL MEETING MINUTES
October 17, 1994
7:30 p.m.
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 Burns, Rich
Wagner, Virginia Haugen, Trish Borden, Jeanne Barber,
Stacey Brothers, and Don Kurle.
Staff members present included Police Captain Ray
Sherman, Fire Chief Bob Johnson, Personnel Director
Brenda Kennedy, Parks and Recreation Director Len
Chapman, Public Works Director Frank Currie, Finance
Director Victor Thompson, Acting City Attorney Mike
Reynolds, Assistant City Attorney Judith Ausman, City
Engineer Dennis Dowdy, Planning Director Paul Krauss,
Ci ty Clerk Robin Wohlhueter, and Deputy City Clerk
Gayle Butcher.
C. Announcements and Appointments
1. Announcements
a. Proclamation
A1.8
Mayor Booth presented a proclamation to Bill
Kyle, Auburn Food Bank, and Elaine Prenovost,
Auburn Community Suppers, proclaiming October 16
through October 22 as Food Bank Week in the
State of Washington. Ms. Prenovost thanked the
City for its support, noted volunteers were
always needed to serve the Monday Suppers, and
that the Auburn Community Suppers were in their
10th year of serving the hungry in Auburn.
AUBURN CITY COUNCIL MINUTES
October 17, 1994
Page No. 2
Mayor Booth shared some of his experience as a
Suppers volunteer. Mr. Kyle thanked the City
for the proclamation. He noted the financial
difficulties the Food Bank has experienced this
year, and stated financial relief had been
received through the efforts of Metro-King
County Councilmember Chris Vance. He introduced
volunteer Pete Lewis and Acting Food Bank
Administrator Jack Laverty. Mr. Kyle announced
a fund raising breakfast will be held October
28, 1994 at Green River Community College from
7:30-8:30 a.m. Mayor Booth also noted Personnel
Director Brenda Kennedy was an active Food Bank
Boardmember.
b. Presentation
03.7
Utili ty Engineer Dwight Holobaugh provided an
update with regard to fuel contamination located
at Auburn Way South and 8th Street S.E. He
indicated there are no emergency conditions at
this time and that a recovery well is in place
and recovery has begun. It is estimated the
process will take one to three years to complete
recovery. Mr. Holobaugh explained the roles of
the City, the Department of Ecology, and Cenex
in resolving the recovery process.
Councilmember Brothers asked what the purpose of
the test well is, and when it was installed.
Mr. Holobaugh noted the well was installed
approximately two to three weeks ago and there
are some problems in pumping at this time. He
explained how the cone depression attracts the
gas so that the pump can rid the site of
contaminants.
Councilmember Borden asked how 5,000-10,000
gallons might have been able to escape without
Cenex being aware of the loss, and whether Cenex
was cooperating in the recovery effort. Mr.
Holobaugh noted the Department of Ecology was
notified of a leak in May, 1994, and that Cenex
is working with the City. Dwight Holobaugh
explained he does not know how 5,000-10,000
gallons might have escaped without Cenex being
aware of the loss.
Councilmember Brothers asked whether any free
product had been recovered and whether there
AUBURN CITY COUNCIL MINUTES
October 17, 1994
Page No. 3
were any conditions which might lead to an
explosion. Mr. Holobaugh stated at the present
time 70 gallons have been recovered, and a
second recovery well may be needed. He noted
unless there is an extremely heavy rainfall
which would push gas vapors into the storm and
sanitary sewer lines, he did not feel there was
potential for explosion. Mr. Holobaugh also
said there is a monitoring system in place to
alert the City of this potential condition.
Councilmember Haugen asked if the source of the
leak had been found. Mr. Holobaugh indicated
the source has not been found as yet, but he
believes it is the result of the leak reported
to the Department of Ecology. He stated once
the clean-up is accomplished, the City will be
working with control and prevention issues.
Councilmember Wagner asked
moni toring device indicated a
Mr. Holobaugh stated it is
product is shrinking.
whether the
continued flow.
indicating the
Councilmember Borden asked if the EPA would be
assisting. Mr. Holobaugh noted the leakage must
be more significant for the federal government
to assist. At the present time, the leakage is
within the state level of responsibility.
2. Appointments -- None.
D. Agenda Modifications
An agenda modification was transmitted as correspondence
under Items II.C.1 and 2 of these minutes and consist of
the Notice of Hearing for LID No. 348 for the City of
Auburn, Assessment Numbers 8 and 20.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings -- None.
B. Audience Participation
Cyril Van Selus, 20 Riverview Drive S.E., Auburn
Mr. Van Selus expressed his concerns with regard to
newspaper articles appearing in various papers with
regard to the position of the Acting City Attorney. Mr.
Van Selus feels Councilmembers should be concerned with
AUBURN CITY COUNCIL MINUTES
October 17, 1994
Page No. 4
expenditures for the Municipal Building and the length
of time legal matters had previously been handled. He
expressed support for posi ti ve results and efficiency
under the direction of Mike Reynolds.
C. Correspondence
1. City of Auburn, Washington, Local Improvement
District No. 348, Notice of Proposed Improvement and
Hearing Thereon, Estimated assessment for special
benefit: $3,836.82, Assessment Roll No.8.
2. City of Auburn, Washington, Local Improvement
District No. 348, Notice of Proposed Improvement and
Hearing Thereon, Estimated Assessment for special
benefit: $15,876.52, Assessment Roll No.2.
III. COUNCIL COMMITTEE REPORTS
A3.7.6
A. Municipal Services
Chair Brothers reported the Municipal Services Committee
met this afternoon at 4:30 p.m. and that Ordinance No.
4707 was tabled in Committee. The Committee also
reviewed the draft 1995 Legislative Agenda Packet. The
next meeting of the Municipal Services Committee is
scheduled for Monday, November 7, 1994 at 4:30 p.m.
B. Planning & Community Development
Chair Burns reported the Planning and Community
Development Committee met on Monday, October 10, 1994,
and he is requesting support of those items found on
this evening's agenda. He noted the Committee is
reviewing the liquor license application process. The
Commi ttee will study the process for the next 6 to 9
months, and may be recommending a change if there are
any concerns. Councilmember Kurle asked Chair Burns if
the Council would continue to receive liquor license
comment sheets, and Chair Burns confirmed that process
would continue. The next meeting of the Planning and
Community Development Committee is scheduled for Monday,
October 24, 1994 at 7:30 p.m.
C. Public Works
Chair Wagner reported the Public Works Committee met
Monday, October 10, 1994 and was briefed on Cenex and
resolutions on this evening's agenda. He noted
Councilmembers received a copy of a puget Power letter
dated 10/24/94 prior to the Council meeting which
AUBURN CITY COUNCIL MINUTES
October 17, 1994
Page No. 5
clarified puget Power pole costs for Resolution No.
2560.
D. Finance
Chair Barber reported the Finance Committee met this
evening at 7:00 p.m. and reviewed the proposed 1995
Legislative Agenda Packet and claims and payroll.
Councilmember Kurle asked when the 1995 Preliminary
Budget would be available for review, and Finance
Director Victor Thompson responded it will be available
approximately October 25, 1994. The 1995 Budget Hearing
is scheduled for November 21, 1994, and Council work
sessions will be scheduled preceding Thanksgiving,
around the 22nd and 23rd of November.
IV. CONSENT AGENDA
A. Minutes
1. Minutes of the October 3, 1994 regular Council
meeting.
B. Vouchers
F4 . 9.2, F4. 9.5
1. Claim numbers 95914 through 96315 in the amount of
$2,177,840.49 and dated October 17, 1994.
2. Payroll numbers 209083 through 209609 and a Direct
Deposit Transmission in the amount $823,783.61 of
covering the period September 30, 1994 to October 7,
1994.
C.
Utility Bill Adjustments
F4.5.2
1. Recommend approval
following account
$89.64.
of utility adjustment to
1.46.3510 for the amount
the
of
2. Recommend approval of utility adjustments to account
3.53.4350 in the amount of $1,070.26 and account
3.42.3270 in the amount of $902.71.
D. Call for Hearing
City Council to call for a public hearing on November 7,
1994 to ratify Amendments to the Countywide Planning
Policies.
Motion by Councilmember Kurle, second by Councilmember
Burns, to approve Consent Agenda Items IV.A through IV.D.
AUBURN CITY COUNCIL MINUTES
October 17, 1994
Page No. 6
MOTION CARRIED UNANIMOUSLY. 7-0
V. UNFINISHED BUSINESS -- None.
VI. NEW BUSINESS
None.
VII. ORDINANCES AND RESOLUTIONS
A. Ordinances
1. Ordinance No. 4706
03.5 PLTOOOl-92
An Ordinance of the City Council of the City of
Auburn, Washington, approving the final plat of
"Lyman's Farm Addition" located on the west side of
"K" Street SE, within the city of Auburn, Washington.
Motion by Councilmember
Councilmember Barber, to
Ordinance No. 4706.
Burns, second by
introduce and adopt
MOTION CARRIED UNANIMOUSLY. 7-0
2. Ordinance No. 4707
A1.3, 04.7
An Ordinance of the City Council of the City of
Auburn, Washington, approving reimbursement of funds
in the amount thirteen thousand two hundred ninety-
seven and 00/100 dollars, ($13,297), and authorizing
the Mayor and City Clerk to execute an agreement with
the Seattle-King County Department of Public Health
to accept the reimbursement funds for implementation
of the local hazardous waste management program.
Ordinance No. 4707 was tabled in the Municipal
Services Committee of October 17, 1994.
B. Resolutions
1. Resolution No. 2560
04.10
Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to
execute a pole attachment agreement with puget Sound
Power & Light Company.
Motion by Councilmember Wagner,
Councilmember Burns, to introduce
Resolution No. 2560.
second by
and adopt
AUBURN CITY COUNCIL MINUTES
October 17, 1994
Page No. 7
Councilmember Kurle explained why he had reservations
with the City being charged $1,000.00 by puget Power.
Councilmember Kurle indicated he could not support
the Resolution.
Councilmember Haugen expressed
Councilmember Kurle's position.
agreement
with
Councilmember Borden requested further clarification
of administrative fees. City Engineer Dennis Dowdy
introduced Denny Lensegrav of puget Power, and
indicated he would be available for comments, too.
Mr. Dowdy explained how puget Power registers data
information on individual poles in case of outage due
to a storm or accident. This data registry contains
user features so that all utility companies are aware
of their features being down, and allows notification
to the companies that their services need to be
repaired. Mr. Dowdy explained the administrative fee
could be viewed as engineering fees for 100 poles.
He explained the City has granted a franchise to
puget Power and the City recoups administrative fees
for right-of-way by the permit system when puget
Power needs to excavate. Mr. Dowdy pointed out the
City's administrative fees are recovered on an
indi vidual basis and as events occur. Mr. Dowdy
stated the Resolution and agreement before the
Council prepares a way for puget Power to recover its
costs up front.
Councilmember Brothers asked if the cost was a one-
time fee, and that based on 100 poles, each pole
would be about $10. Mr. Dowdy concurred this one-
time fee was in lieu of an annual monthly rental
puget Power charges private utilities. Councilmember
Brothers requested clarification on the City's
recovery of costs for granting a franchise to puget
Power. Mr. Dowdy confirmed there is no fee in the
franchise, but costs are recovered via street repair,
inspection, etc., excavation permit fees which vary
according to the scope of the project. Councilmember
Brothers indicated he viewed the request by puget
Power as reasonable. Mr. Dowdy further added the
this administrative fee by puget Power is similar to
the City's service charges for developer agreements.
Mr. Dowdy also pointed out the technical data being
networked by puget Power will be used like the City's
Geographical Information Systems, and both puget
Power and the City will have better information.
AUBURN CITY COUNCIL MINUTES
October 17, 1994
Page No. 8
Denny Lensegrav, puget Power, 22828 68th Av South,
Kent
Mr. Lensegrav stated all other pole users are charged
$6.50 per contact for 20 years. He believes the
minimum costs need to be recovered for this large
proj ect, and puget Power is viewing the City as a
partner in this project.
Councilmember Haugen asked
charged to private property
stated no.
if any
owners.
costs
Mr.
would be
Lensegrav
Councilmember Wagner commented that the City and
utili ties charge each other back and forth for a
variety of things. He also thought under the
Comprehensive Plan private services section, the City
should consider recovering more contribution to
private services operations as a City policy.
Councilmember Wagner supports the Resolution and
agreement.
Councilmember Burns concurred with Councilmember
Wagner's opinion.
MOTION CARRIED. 5-2 with Councilmembers Kurle and
Haugen voting no.
2. Resolution No. 2562
04.11
Resolution No. 2562 authorizes the Mayor and City
Clerk to execute an agreement for Professional
Services between the City and Robinson & Noble, Inc.
for retesting Lakeland Hills Well of 5A.
Motion by Councilmember
Councilmember Kurle, to
Resolution No. 2562.
Wagner,
introduce
second by
and adopt
MOTION CARRIED UNANIMOUSLY. 7-0.
VIII.
MAYOR'S REPORT
Mayor Booth introduced Acting City Attorney Mike Reynolds to
present some comments.
Acting City Attorney Reynolds asked Mayor Booth how he would
like to discuss the potential litigation with regard to King
County. Mayor Booth responded the potential litigation
needed to be discussed in Executive Session.
AUBURN CITY COUNCIL MINUTES
October 17, 1994
Page No. 9
Mr. Reynolds stated he wished to make comments with regard
to the various media attention given on the position of city
attorney. Mr. Reynolds explained the history in his
acceptance of the contract to act as an interim city
attorney for the City of Auburn. Mr. Reynolds explained his
position on the issue of conflict of interest. Since he has
represented various municipal units of governments for many
years, he relies on Municipal Research for opinions and
advice on potential conflicts of interest, and he is
confident in this cross-check method.
Mr. Reynolds stated he does not want the job of city
attorney for the City of Auburn because he wants to keep his
private practice, and the City's ordinance does not allow
for private practice. He stated with the media attention on
the possibility of changing the City's ordinance, he
believes this attention has rendered him ineffective. He
indicated he would draft an amendment to the city attorney's
posi tion ordinance if it were to be for the purposes of
hiring some other attorney in the future.
Councilmember Burns asked Mr. Reynolds if he was saying he
was withdrawing himself as a candidate from the position of
city attorney. Mr. Reynolds said yes. Councilmember Burns
asked if the City would be advertising for the city attorney
position. Mayor Booth stated that was a decision he would
be making, but he was surprised and disappointed in hearing
Mr. Reynolds' remarks.
Councilmember Kurle indicated he was surprised, too. He
offered his support of Mr. Reynolds as city attorney. He
does not believe the City should exclude qualified
candidates because they have a private practice.
Councilmember Kurle would like to see an amendment to the
ordinance.
Councilmember Barber expressed her support of Mr. Reynolds
as city attorney.
Councilmember Brothers stated his concern that the Council
as a whole, has been unable to separate the issue of how is
the city best served not from how much personal respect they
have for Mr. Reynolds. Councilmember Brothers stated his
support in seeking an attorney candidate who would be above
reproach and beholding only to the City, the Mayor, and the
Council. He felt it was unfair to the Council to infer that
any member of the Council has been critical of Mr. Reynolds.
He noted individuals from other state counties, University
of Washington and Seattle Uni versi ty professors of ethics
have stated its impossible to serve two masters.
AUBURN CITY COUNCIL MINUTES
October 17, 1994
Page No. 10
Councilmember Brothers stated his obj ecti ve is to have a
city attorney dedicated to serving the best interests of the
citizens of Auburn without any distractions or outside
clients. He believes any other approach is a disservice to
the members of the City Council.
Mr. Reynolds explained his philosophical difference. He
believes the Council should seek the most accurate legal
opinion and that opinion should not be based upon the
desires of administration. He believes the most accurate
legal opinion is obtained through independence, and not by
beholding to a municipality. Mr. Reynolds further expressed
concern with administrations who want particular end results
and request Legal to give an opinion to that end result. It
is his opinion that beholding to the client is a financial
consideration. A city attorney's position is specified by
state law as "terminable at will" and contributes to
pressures to provide legal opinions which lend themselves to
administrative direction. Mr. Reynolds stressed his opinion
that to obtain adequate legal advice, the attorney should
only be answerable to the bar association and the ethics
committees, and not have the power of the purse over one's
head. His opinion is that one has the ability to call
better decisions when one is independent.
Councilmember Burns stated he has tried to stay out of this
issue, but as a member of the Bar who is also governed by a
set of ethics and standards, he personally knows one gets
out of situations that are unprofessional, illegal, and not
up to the standards of the profession. Councilmember Burns
does not agree that just because one becomes a full-time
employee for an agency, that one's professional standards
diminish. Councilmember Burns respectfully disagrees with
Mr. Reynolds' argument.
Councilmember Wagner stated he believed Mr. Reynolds has
provided good representation and has done a fine job for the
Ci ty. However, he feels it makes for better consensus on
the Council and better perception by the public if the City
has an attorney who's only client is the City.
Councilmember Wagner does not believe that Mr. Reynolds or
any hired city attorney would drop their professional ethics
for any reason. He would like to review a job description
for the city attorney position and possibly be able to
review a summary of potential candidate qualifications if
the City will advertise for the position. Councilmember
Wagner would like to see the city attorney position open up
for possible hiring of a qualified attorney before any
amendment to the ordinance be drafted.
AUBURN CITY COUNCIL MINUTES
October 17, 1994
Page No. 11
Councilmember Borden believes the City has received fine
representation from Mr. Reynolds and she does not understand
the conflict of interest issue. It is her understanding 75%
of the cities in Washington have attorneys who have other
clients, so she does not feel having outside clients is
unusual. She believes a mountain has been made out of a
molehill and its made it difficult for Mr. Reynolds to
serve.
Councilmember Haugen concurred with Councilmember Borden,
and she's embarrassed by the public spectacle. She would
like to see a draft amendment to the ordinance.
Councilmember Brothers stated maybe he was old-fashioned,
but he had concerns with several things. He's concerned the
Council may be tailor-making an ordinance to serve the best
interests of an individual, and he does not believe that is
appropriate. Councilmember Brothers felt the City has
advertised and hired three good attorneys. He wondered if
the past advertisings to fill the city attorney position
indicated it was not important, for respondents, that they
need not give up their private practice, or was that
something being done just for Mr. Reynolds.
Mayor Booth indicated it was not something included in the
original posting. Mayor Booth stated he was interested in
providing the City with the best possible legal counsel he
could find. Councilmember Brothers concurred.
Councilmember Barber stated she feels the Council is making
Mr. Reynolds the target, and she does not have a problem
with having Mr. Reynolds as the city attorney.
Councilmember Kurle stated the ordinance is not tailor-made
for Mr. Reynolds. He is questioning the city's philosophy
on only hiring attorneys that have no private practice. He
doesn't believe this philosophy fits anymore. Councilmember
Kurle wants to debate the ordinance, not Mr. Reynolds.
Mr. Reynolds stated because of the current media
discussions, he believes he has been rendered ineffective
because it displays a division. He asks any questions be
directed to him, and he does not intend to abandon the City.
Mr. Reynolds stated if he is directed to draft an amendment
to the ordinance, he will do so, however, he wants to do an
effecti ve job for the City and not become part of the
debate.
Councilmember Brothers appreciated the comments. He stated
if the Council wished to look at a draft amendment to the
AUBURN CITY COUNCIL MINUTES
October 17, 1994
Page No. 12
ordinance for the expressed purpose of determining whether
or not they wished to change the ordinance, he did not have
a problem with that. Councilmember Brothers is reluctant to
formally engage in a debate or questions regarding Mr.
Reynolds' qualifications until Mr. Reynolds becomes a
candidate for a permanent appointment.
Mr. Reynolds
deliberations
stated he would like to become part of the
team.
Councilmember Burns indicated he felt the discussions were
fairly well noted, and suggested the Council recessed to
Executive Session.
The Mayor and City Council recessed to Executive Session at
8: 59 p.m. for approximately 10-minutes to discuss pending
litigation and will return for action.
The City Council reconvened at 9:07 p.m.
Motion by Councilmember Barber, second by Councilmember
Burns, to file a lawsuit against King County to receive
reimbursement for costs in a cost sharing agreement for the
277th and Auburn Way North project.
MOTION CARRIED UNANIMOUSLY. 7-0.
IX. ADJOURNMENT
There being no further business to come before the Council,
the meeting adjourned at 9:08 p.m.
Charles A. Booth, Mayor
Robin Wohlhueter,
City Clerk
94M10-17