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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) Page I 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 Page 2 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 Page 3 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 Page 4 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 Page 5 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 Page 7 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 Page 8 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. Page 9 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. Page 12 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 Page 13 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 Page 14 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 Page 15 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). Page 18 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. Page 19 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. Page 20 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. Page 21 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. Page 22 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