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HomeMy WebLinkAbout03-06-1995 CITY OF AUBURN COUNCIL MEETING MINUTES March 6, 1995 7:30 p.m. CALL A. TO ORDER Fla,q Salute Mayor Booth called the meeting to order at 7:33 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, 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 & Recreation Director Len Chapman, Finance Director Vic Thompson, Public Works Director Frank Currie, Planning Director Paul Krauss, Senior Planner Lynn Rued, Utilities Engineer Dwight Holobaugh, Acting City Attorney Mike Reynolds, Assistant Attorney Judith Ausman, City Clerk Robin Wohlhueter, and Deputy City Clerk Gayle Butcher. Announcements and Appointments Announcements Mayor Booth recognized and welcomed former City Attorney Jack Bereiter in the audience this evening. 2. Appointments BINADA Steering Committee A1.10, A3.8.21 Council consideration on the appointment and reappointments for the following positions. Page 1 City of Auburn Council MeetinR Minutes March 6, 1995 Reappointments Position Number Name Term to Expire Pos #6 Pos #4 Pos #1 Pos #3 Karen Judd Audrey Pitre Don Gardner Pat Cavanaugh 6/30/96 6/30/97 6/30/97 6/30/97 New Appointments Position Number Name Term to Expire Pos #2 Stacey Smythe 6/30/97 Pos#7 Regan Dugger 6/30/96 Pos #9 Kerri Olsen 6/30/95 Motion by Member Kurle, second by Member Burns, to confirm new and reappointments to the BINADA Steering Committee as listed. MOTION CARRIED 6-1 WITH MEMBER HAUGEN VOTING NO. City Attorney Confirmation Mayor Booth stated Mike Reynolds has been acting city attorney for over a year and he requested City Council confirmation of Mike Reynolds to the position of City Attorney. Mayor Booth stated if Councilmembers wished to discuss qualifications, the qualifications would need to be discussed in Executive Session. Member Burns indicated he had a number of questions and agreed that some of the questions belonged in an Executive Session, but he felt there were public questions that needed to be asked. Mayor Booth suggested he call for an Executive Session. Member Burns then asked for clarification as to what questions could be asked in a public setting.. He agreed financial discussions should be ~n an Executive Session, but he wondered if the memo listing Mike Reynolds' clients was available to the public under the Open Records Act. Acting City Page 2 City of Auburn Council Meeting Minutes March 6, 1995 Attorney Mike Reynolds stated the memo was subject to the Open Records Act. Member Kurle requested Mayor Booth call for an Executive Session. At 7:39 p.m., an Executive Session was called to discuss personnel matters for approximately 15 to 20-minutes. The Council meeting reconvened at 8:00 p.m. Motion by Member Barber, second by Member Kurle, to confirm Mike Reynolds as City Attorney. Member Burns stated he had a number of questions. A few questions involved the selection process, such as, whether the position was filled within the normal personnel procedures, and if the position was not advertised, he wanted to know why. Mayor Booth responded the position was not advertised, that Mr. Reynolds had held the position for more than a year, that Mr. Reynolds had performed well. Mayor Booth stated he was exercising his prerogative in appointing Mr. Reynolds to the position of City Attorney, and he is asking for Council confirmation. Member Burns reviewed Mr. Reynolds' list of clients, and asked if the list was current. Mr. Reynolds stated he had represented the Auburn School District in the past, and it was not on his client list. Mr. Reynolds responded that Auburn School District is served by Perkins Coie for land use issues, but he continues to provide legal services for the their personnel issues. Member Burns had a variety of questions relating to office hours and Mr. Reynolds' availability to City staff, time sheet recording, and benefits. Personnel Director Brenda Kennedy confirmed Mr. Reynolds would work the minimum 40-hours, sign a payroll time card, and receive the usual benefits for vacations, holidays, medical, and retirement benefits as other City department directors. Mr. Reynolds added City staff had access to his pager and cellular phone to contact him if he were in Seattle. Mr. Reynolds also noted there were three competent attorneys on staff, too. Member Burns reviewed Mr. Reynolds client list and expressed concern that some of the contractors are subjected to City collection treatment, and he asked Page 3 City of Auburn Council Meeting Minutes March 6, 1995 how conflicts of interest would be identified. Mr. Reynolds stated none of his subcontractor clients are under collection treatment by the City. Mr. Reynolds stated he is sensitive to the appearance of conflict. He added the procedure to identify conflicts can be found under the bar association's standards. Mr. Reynolds also confirmed City has a committee which includes Members Kurle and Barber to review potential conflicts of interest. Member Burns presented a hypothetical developer conflict of interest scenario. Mr. Reynolds stated the situation would need to be relayed to the committee, however, he no longer accepts the type of work Mr. Burns described. Member Burns expressed concern that possible conflicts could arise because of past clients. Personnel Director Brenda Kennedy noted Mr. Reynolds has an obligation under the ordinance to disclose subject matter and client information on a case by case basis. Member Burns asked Mr. Reynolds if it would be possible to get a client list for the past 2-5 years. Mr. Reynolds stated such a list would be unduly burdensome. Member Kurle stated the request was unnecessary and that Personnel Director Kennedy had adequately described the case by case situation. Member Burns expressed concern that Council would know who the clients are who could pose a possible conflict of interest situation. Member Kurle stated he believed a conflict of situation would be known. Mr. Reynolds offered to make his client files available to Member Burns because Member Burns is a practicing attorney, and Mr. Reynolds has confidence in Member Burns to review the files with confidence. Member Burns declined the offer because he is not asking for the information from an attorney perspective, but rather as a City Councilmember. Member Kurle stated he had confidence that conflicts of interest will be properly handled. Member Barber stated she had as much confidence in Mr. Reynolds as she did in Member Burns, and she does not feel a list of past clients is necessary. Member Burns then asked if there was a list of clients when Mr. Reynolds was appointed acting city attorney a year ago. Mayor Booth stated he did not ask for a list at that time. Member Burns asked if Councilmembers would object to his asking for a list of clients Mr. Reynolds would have had a year ago to compare to the list of clients before the Council this evening. Mr. Reynolds stated it would be difficult to develop a list of clients over a Page 4 City of Auburn Council Meetin;I Minutes March 6, 1995 year ago. Mr. Reynolds offered his files to Member Burns, and Member Burns declined. Member Burns asked whether Assistant City Attorney Judith Ausman would handle cases in which conflicts may arise. Mr. Reynolds stated his confidence in Ms. Ausman, and he also noted the option of securing outside representation could be considered if it was warranted. Member Burns described a situation involving Mr. Reynolds representation of a west hill property owner involved in a clear-cut situation. Mr. Reynolds explained the representation process of prior City Attorney Stephen Shelton and the Department of Natural Resources. Mr. Reynolds noted he was asked by Mr. Shelton to represent the interests of the property owner, and the interests of the property owner was not at odds with the City of Auburn. Mr. Reynolds noted there is still a contract foreclosure issue for the original property owner. Mr. Reynolds stated his work on the foreclosure has been forwarded to a Bellevue attorney for handling. Member Borden stated it seemed apparent Member Burns did not support the confirmation of Mr. Reynolds, and that other Councilmembers should have an opportunity for questions. Member Brothers asked why the Auburn School District was not on the client list before the Council this evening. Mr. Reynolds said at the time the list was prepared, the land use issues had been turned over to Perkins Coie, and he had decided to retain the personnel issues, so Auburn School District should be added to the client list. Member Brothers asked if all Auburn businesses were identified on the list and if the city ordinance also includes principals of businesses as well as business names. Member Brothers read each business name on the client list and Mr. Reynolds identified the principals. Member Brothers asked Personnel Director Brenda Kennedy if the City would assume any liability with reference to federal or state authorities because the City did not follow its normal hiring procedures, in terms of advertising, for filling the city attorney position. Director Kennedy stated there was no violation. Member Brothers inquired about working hours or department head work contracts, how staff will be monitored during Mr. Reynolds' absences. Mr. Page 5 City of Auburn Council MeetinR Minutes March 6, 1995 Reynolds described department directors working hours, Personnel Director Kennedy stated there are no work contracts, and Mayor Booth stated staff monitoring was his job. Member Brothers noted outside employment review committee meetings were conducted approximately February 1 and February 14. He is questioning if the committee reviewed a different client list than what is before the Council this evening. Mr. Reynolds stated during that time frame there were probably cases that were being concluded and in the process of being transferred. Member Brothers asked if transfers were made because of suggestion or action by the committee. Mr. Reynolds stated the reasons were due to time management problems, not because of any recommendation. Member Wagner stated he was in favor of confirmation, but asked Mr. Reynolds how he would refer clients to other attorneys, and Mr. Reynolds explained. Member Haugen expressed concern the Auburn School District was not on the client list. Director Kennedy stated she had typed the list. When it became apparent to Mr. Reynolds that the school district was not included, Director Kennedy did not have time to modify the list. Member Haugen stated she would also like to see a list of clients at the time Mr. Reynolds started as acting city attorney. Member Haugen reconfirmed with Personnel Director Kennedy what the medical accrual leave was for department directors. Member Haugen also stated she thought the City would be advertising for the city attorney position, and that she was concerned she was not a member of the review committee. Member Haugen concluded her remarks. She did not see any conflicts of interest on the client list, however, she was concerned about the City of Enumclaw and Enumclaw School District. Member Brothers questioned whether the outside employment review committee meetings were published. Mayor Booth stated two Councilmembers were present, and the outside employment review committee is not a standing committee. Member Brothers expressed concern the committee meetings were not published. Mr. Reynolds indicated there was not a publication requirement. Page 6 City of Auburn Council MeetinR Minutes March 6, 1995 Member Brothers expressed he would like to receive a client list from the day Mr. Reynolds assumed the position of acting city attorney, and providing a list of clients as of 2/1/94 and 2/14/94. Mr. Reynolds explained his office data base and difficulties in determining which of his cases were terminated during the requested dates. Member Barber expressed her support of Mr. Reynolds and is concerned the Council deliberations appears to be stall in resolving the city attorney appointment. Member Burns stated he has not made up his mind. Member Burns asked Mr. Reynolds if any of his clients are members of the Auburn Downtown Association, and Mr. Reynolds stated no. Member Burns asked Mr. Reynolds if he would be on retainer basis with the Auburn School District. Mr. Reynolds indicated he would probably continue to be a resource for personnel matters. Member Burns asked Mr. Reynolds if he represented former City Engineer Marv Seabrands, the Hapsmith Corporation, or owners of the Goedecke property and Mr. Reynolds responded he did not represent Mr. Seabrands or the Hapsmith Corporation, and he did not know who were the former Goedecke owners. Member Burns questioned Mr. Reynolds if there was a relationship with Dwight Garrett. Mr. Reynolds stated he had previously made known that Mr. Garrett had been generous with the City of Enumclaw, and that Mr. Reynolds respected Mr. Garrett's generosity with the Enumclaw governmental unit. Mr. Reynolds also noted he had arranged for a meeting with Mr. Garrett and former City of Auburn Mayor Roegner and Finance Director Pat Dugan. Mr. Reynolds confirmed he wrote a letter on behalf of Mr. Garrett with regard to a potential flight hazard at the City of Auburn airport involving trees and brush cuttings on the west side of the airport. Mr. Reynolds briefed the Council on the background relating to the removal of trees. Member Brothers confirmed that Mr. Reynolds does not have a relationship as client attorney with Mr. Garrett. Member Brothers questioned the July 9, 1993 letter Mr. Reynolds wrote on behalf of Mr. Garrett. Mr. Reynolds responded the letter was a Page 7 City of Auburn Council Meeting Minutes March 6, 1995 II, benefit to the City of Auburn to provide safety at the Auburn Airport. Member Brothers stated he appreciated the background, and understood Mr. Garrett was a friend. Member Brothers stated he just wants to make sure there is not an appearance of a potential conflict of interest. Member Brothers revisited issues concerning possible work hours Mr. Reynolds may apply to his outside clients, and Mr. Reynolds responded. Motion by Member Kurle, second by Member Barber, to discontinue a call for the question and to vote on the motion that was on the floor. MOTION CARRIED 4-3 WITH MEMBERS BROTHERS, HAUGEN, AND BURNS VOTING NO. Member Haugen asked for clarification as to what the vote was on, and Mayor Booth responded the vote was to close debate. Mayor Booth stated the Council now needs to vote on the motion on the floor, which is the confirmation of Mike Reynolds as city attorney. MOTION CARRIED 5-2 WITH MEMBERS BURNS AND BROTHERS VOTING NO AND MEMBER HAUGEN ABSTAINING. Member Kurle confirmed Member Haugen has abstained from voting and that an abstention goes with the majority, and Member Haugen stated she understood. Mayor Booth and the City Council congratulated Mike Reynolds on his confirmation as city attorney. Agenda Modifications Agenda modifications transmitted are three pages inadvertently left out of this evening's agenda under Agenda Item V.A. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE Public Hearin,qs No public hearings were scheduled for this meeting. B. Audience Participation Evelyn Learcher, 1713 4th Street N. E., Auburn, WA Page 8 City of Auburn Council Meeting Minutes March 6, 1995 III. Ms. Learcher is concerned with the possibility of a major disaster and would like more information on how the City is prepared to handle a disaster, and if there are evacuation routes. She is also requesting a law be considered to form neighborhood disaster committees. Chief Johnson responded that April is the month designated for earthquake preparedness. Chief Johnson stated his department will be encouraging citizens to take advantage of the resources his department will have available during the month of April. He also stated individual preparedness is critical to surviving a disaster. Correspondence No correspondence items were received for City Council review. Mayor Booth called for an Executive Session to discuss litigation at 9:15 p.m. for approximately 40-minutes because Mr. Joseph Sloan, Attorney General for Washington State Department of Transportation, needed to return to Olympia. Mayor Booth reconvened the City Council meeting at 9:45 p.m. Motion by Member Wagner, second by Member Haugen, to enter into a three-way settlement agreement with the Washington State Department of Transportation and the Supermall. MOTION CARRIED 6-1 WITH MEMBER BURNS VOTING NO. COUNCIL COMMITTEE REPORTS A3.7.6. A. Municipal Services Chair Brothers stated the Municipal Services Committee did not meet today, and the next Committee meeting is scheduled for Monday, March 20, 1995 at 4:30 p.m. Planning & Community Development Chair Burns reported the Planning & Community Development Committee met February 28, 1995. He stated the Committee discussed the request of the Supermall to amend condition #8. k.3 of the mall rezone ordinance to eliminate the landscape requirement next to the Interurban Trail. The developer delay agreement will be presented to the full Council March 20, 1995. The next Planning & Community Development Committee meeting will be March 14, 1995 at 5:30 p.m. Page 9 City of Auburn Council Meeting Minutes March 6, 1995 IV. Public Works Chair Wagner reported the Public Works Committee met February 27, 1995 and discussed the Commute Trip Reduction Act of 1991. He also noted a recent newspaper article incorrectly indicated the Public Works Committee had approved a water plan. The next Public Works Committee meeting is scheduled for March 13, 1995 at 5:30 p.m. Finance Chair Barber reported the Finance Committee met this evening, and recommends City Council approval of accounts receivable write-offs and claims and payroll as they appear on tonight's agenda. The Committee also discussed insurance coverage options. The next meeting of the Finance Committee is scheduled for March 20, 1995 at 7:00 p.m. Member Burns asked Finance Director Vic Thompson if efforts to collect the accounts receivable items would continue and Mr. Thompson stated attempts to collect would be made. CONSENT AGENDA A. Minutes Minutes of the February 21, 1995 regular Council meeting. Minutes of the February 21, 1995 special Council meeting. Vouchers F4.9.2,F4.9.5 1. Claims check numbers 99715 through 100073 in the amount of $485,280.88 dated March 6, 1995. Payroll check numbers 213158 to 213490 in the amount of $604,131.64 and Direct Payroll Deposit transmissions in the amount of $146,146.90 for a grand total of $750,278.54 for the pay period covering February 17, 1995 to February 28, 1995 are approved for payment this 6th day of March, 1995. Write Off Bad Debt F4.12 Page 10 City of Auburn Council Meetin.q Minutes March 6, 1995 Request Council authorization to approve accounts receivable of one year overdue or more be written off, in the total amount of $94,309.61. Do Call for Hearin.q O3.1 ANX0002-94 City Council to schedule a public hearing to be held March 20, 1995 on a petition for annexation on a 20-acre parcel located south of 277th, west of Auburn Way North, east of "B" Street N.VV., and north of 280th. Motion by Member Kurle, second by Member Burns to approve Consent Agenda Items IV.A. through IV.D. MOTION CARRIED UNANIMOUSLY. 7-0. UNFINISHED BUSINESS This item was referred to a special council meeting at the January 17, 1995 regular Council meeting to be held on February 14, 1995. The special meeting was rescheduled to reopen the public hearing on February 17, 1995. The special meeting scheduled for February 17, 1995 was continued to Tuesday, February 21, 1995 due to public notice requirements. The special meeting was held on February 21, 1995, the public hearing was reopened, the public hearing was closed, and Council members present made a recommendation to the full City Council. Application No. PLT0005-90 & 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, 12,13 and 14 of Lakeland Hills. Application No. MIN0001-90 O3.10.3 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 21 l-lot single family subdivision located in Divisions 9, 10, 12,13, and 14 of Lakeland Hills. Page 11 City of Auburn Council Meeting Minutes March 6, 1995 VI. Member Burns noted at the February 21, 1995 special Council meeting, a motion to recommend to the full City Council the approval of Application Numbers PLT0005-90, PLT0006-90, and MIN0001-90 with the exception of Division 14. Councilmember Burns moved to amend that the City Council approve the proposed amended preliminary plats for Divisions 9, 10, 12, 13, and to continue Division 14 to the next meeting. Councilmember Borden seconded the motion. Member Wagner requested whether recommendations on Division 14 would be before the Council at the March 20, 1995 meeting. Director Krauss stated he thought it could take approximately 4 weeks for the developer to prepare an alternative proposal for Division 14. Councilmembers discussed the options of denying the Division 14 proposal as presented, or going forward with the original plat design. Councilmember Wagner requested a presentation commitment for proposed alternatives so that the citizens concerns and a resolution will be heard in a timely fashion. Senior Planner Lynn Rued briefly spoke with representatives of Henderson Development and confirmed that four weeks was an acceptable time frame for Henderson Development to prepare an alternative proposal to Division No. 14 of Application Nos. PLT0005-90, PLT0006-90, and MIN0001-90. MOTION CARRIED 6-1 WITH MEMBER HAUGEN VOTING NO. NEW BUSINESS Application No. PLT0001-95 03.5 PLT0001-95 The request of Kenneth Danielson and Richard Nevitt for preliminary plat approval of a 8-lot single family subdivision on 4.8 acres of properly located northeast of Chinook Elementary School. Senior Planner Lynn Rued noted that the Hearing Examiner's Findings and Decision provided for a modification to the land division ordinance cul-de-sac length standard. Due to a steep slope in the plat, the standard concerning cul-de-sac length needed to be modified in order for any development to occur. Motion by Member Burns, second by Member Brothers, to approve the preliminary plat based upon the Hearing Examiner's Findings Page 12 City of Auburn Council Meeting Minutes March 6, 1995 VII. of Fact, Conclusions and Conditions; and, to instruct the City Attorney to prepare the necessary resolution. MOTION CARRIED UNANIMOUSLY. 7-0. ORDINANCES AND RESOLUTIONS A. Ordinances Ordinance No. 4730 03.8 Application No. REZ0003-95 An Ordinance of the City of Auburn, Washington, providing for the rezoning of property located on Auburn Way North between 37th and 40th Streets N. E., within the City of Auburn, Washington, changing the zoning classification thereof from C-1 (light commercial) to C-3 (heavy commercial. Motion by Member Burns, second by Member Wagner, to introduce and adopt Ordinance No. 4730. MOTION CARRIED 5-2 WITH MEMBERS BROTHERS AND HAUGEN VOTING NO. B. Resolutions Resolution No. 2607 04.4.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Memorandum of Agreement for 1995 between the City of Auburn and Senior Services of Seattle/King County Nutrition Projects (SSC/KC) to provide a federally funded hot meal program for Iow-income elderly citizens in the Auburn area. Motion by Member Burns, second by Member Borden to introduce and adopt Resolution No. 2607. MOTION CARRIED UNANIMOUSLY. 7-0. Resolution No. 2608 04.4.2 Page 13 City of Auburn Council Meeting Minutes March 6, 1995 o A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Meals on Wheels Satellite site Memorandum of Agreement for 1995 between the City of Auburn and Senior Services of Seattle/King County (SSC/KC) to provide home delivered meal service in the Auburn Area to the elderly. Motion by Member Burns, second by Member Haugen, to introduce and adopt Resolution No. 2608. MOTION CARRIED UNANIMOUSLY. 7-0. Resolution No. 2613 04.10 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an interlocal agreement between King County (through its Department of Metropolitan Services) and the City of Auburn for the purpose of implementing the Washington State Commute Trip Reduction Act of 1991. Motion by Member Wagner, second by Member Kurle, to introduce and adopt Resolution No. 2613. MOTION CARRIED 6-1 WITH MEMBER HAUGEN VOTING NO. Resolution No. 2614 A3.13.4 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Agreement for Professional Real Property Appraisal Services for the year 1995 between the City and Clendaniel, Lema & Watts, Inc. Motion by Member Wagner, second by Member Burns, to introduce and adopt Resolution No. 2614. Councilmember Brothers asked where Clendaniel, Lema & Watts, Inc. was located, and Public Works Director Frank Currie will respond. MOTION CARRIED UNANIMOUSLY. 7-0. Page 14 City of Auburn Council Meeting Minutes March 6, 1995 VIII. IX. Resolution No. 2615 04.4.5 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 the Collins Group to provide a community input study to assess the Auburn Community's interest for improved public library services. Motion by Member Burns, second by Member Haugen, to introduce and adopt Resolution No. 2615. MOTION CARRIED UNANIMOUSLY. 7-0. MAYOR'S REPORT Special City Council Meeting Mayor Booth announced the City Council has tentatively scheduled a special meeting on March 20, 1995 at 5:30 p.m. to discuss the City of Auburn Comprehensive Plan as it relates to providing utility services in unincorporated areas and annexation policies. Councilmember Kurle noted he would be out of town at that time. Councilmember Burns felt the issues were significant and that all Councilmembers should be present. Councilmembers discussed alternatives dates, and by consensus determined that the special meeting will be conducted on Saturday, March 18, 1995, from 8:00 a.m. to 11:00 a.m. ADJOURNMENT There being no further business to come before the City Council, Mayor Booth adjourned the meeting at 10:10 p.m. Charles A. Booth, Mayor Robin Wohlhueter, City Clerk Page 15