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HomeMy WebLinkAbout10-17-1994 ~\tyOI' ~~ Auburn ~ ~sbin~~ 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