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- AUBURN'- WASH 1 NGTON - - � •- TUESDAY I�AY 16 .->I 961 -
Regular meeting of the City Council of the City of Aubu�n held
' at 8:00 PM in the Council Chambers at the City Hall .
The meeting aas cel.led to order by Mayor Shanghnessy. .
' ' Counci.lmen Present:. Aaby�, Peter'sen, Kammeyer, F.itzsimmons,
Sonnem,ann; Tov►ner, Ga i nes.
Councilmen Abse�t: Norie. '
The minutes were approved as mailed. -
PUBLi C HEAR I NG
None. _
BIDS
None.
' •CORRESPONDENCE
WASHIN6TON STATE HIGHWAY COMMISSI N `
, The City Clerk read a . lette� from the Washington State. Higfiway
Commission in regard to the one-half �cent additional fuel tax al -
location. Attached to ,this letter aas a co�ilation 6�6 several
statutes and related information for use, in expenditure of these
p�oceeds. , .
. The City .Engineer �eported that Auburn was the second city to
' fil'e a pian with the State, and that we will qualify to �eceive
this allocation. • . ' ' .
The Street Committee and City fngineer will form a plan- for us
of these funds.
- . , NO-BAR RANCH
_ � � The Cle�k �ead :an application fo� a Race Course .License for
motorcycle, ho�se and .car races at the No-8ar Ranch on WHite Lake.
The Mayor referred the application to the License Committee.
- LIBRARY; BUIIDtNG SITE . •
The Clerk read .a letter from Dora E. Mergens, Chaicman of tfie
' Library Board, requesting the Council to set aside a requested
a�ea on the site of the former Auburn Terrace for a future Lili�a�y
building. Geo�ge Schu:ter submitted a stetch of the proposed a�ea.
� JOHN R. BOCEK .
. . , � . _
. , The Cle�k kead a ,letter from John. R. .Bocek conceening the pos-
sib;ility. of. the .City of. Aubu�n selling buiik quantities- of� water
to Water District .Ho. 64 for �esidentia� , commercial:, and fire pro
tection. purposes: -
The Mayor referred� this: request to the Water'Committee.
AUBURN PLANNING COMMISSION .
A letter was read by the `Clerk f�om the Auburn Piannin:g Com-
mission which recommended the Council accept the re-plat of the
Muckelshoot Heights, authorize the Idayo� to sign the original , '
and d�aw up the neeessa�y O�dinanee.
� Councilman Aaby ,moved the Council accept the recommendation
ot the Planning Commission: Sonnemann 2nd the motion. �
, • MOTION CARRIED
WASHINGTON STATE DEPARTMENTCQF
_,HEALTH '
' � , The City Clerk nead an announcement f�om the Depa�tment of
Health eneou�ag�mg; attendance ot the local disposal plant�_operator
at tFie B i enn i a l Sewage T�eatment P.I:ant�Operators' Short. S�hoo I-'to'
be held June 5, 6, and 7 at the Washington State University in
Puliman. . �
� The Mayor referred the lette� to Tom Bolton. to aet at his� dis-
cretion.
MICROPHONE '
Councilman �Son�emann �ecom�ended� that� the new Microphbne re-
cently installed in the,Council Ghambers have a � arger base put on
and perh,aps a, longe� cord: •. • �
Th,e Mayo� said he: aould arrange for these changes.
Page 2347
AUBURN WASHINGTON TUESOAT MAY, I6 ' 1961 �
� . AUBURN PLANNING COMblISSION ,
iThe Clerk. read the ,reeommendations of .the Auburn Pl�annin,g
Commission on pefitions �eviewed at a pu6lia hearing held May Ilth
The Commission:.recommended the approvel of the peti�tion of Mrs.
Leone M, Munson �to reione f�om $-2 to Special, Property. Use .for a
rest home at the W. 200 ' of .N. 200' of" NW} of SW * in Sectio�
f9-21 -5. . .
The motion was made by Councilman Gaines and 2nd by Towner that
the Planning Commissiorn's recommendation be aecepted.
MOTION CARRIED
The Comm%ssion reeommended tfie approval of the petition of Mr. '
Alex Sonnichsen to rezone from 9-3 to Special Property Use to add
professional engineens' offiee to present fou�-plex at Lot A,
less 76:5' of W 38 ' and all lot B Block 6, Truitts Second Add.
Cou�cilman Petersen moved and Aaby 2nd thafi the Planning Com-
mission 's :recommenda'tion be �aceepted. '
MOTION CARRIED
The Commission recommended the approval of the petitio� of M�.
G. E. Odegard to rezone his property located on the West Hill from
R- I to R-4 for an apa�tment house'. -
The Clerk then read another petition tn this rega�d, signed by
29 prope�ty owne�s on the West Hilf p�otesting the �ezoning of Mr.
Odegard's prope�tq. �
Jim Weese, Jack Baine, Jim Paeth and Sta� Sor.enson, fou� of the
' signers of the protest petition spote from the audience. They sta ed
they felt an apa�tment house in the area aould greatly depreciate
the value of. their p�ope�ty; that they had bonght � land �ind built h mes
ranging 'in velue ,op to $40,000 with the undersfanding tha't it w8s o
be kept a restricted residential area.
Afte� much discussion, the City Engineer recommended this matte
be s,ent back to the Planning Cominission for fu�ther study and tha
the Council membe�s be more tho�oughly informed on the subJeet.
�n::Eouncilman Townee made amotion and Sonnemann 2�d that the
Engineer 's recommendation to send it back to the Planning Commissi n '
be carried out. • , pqOT1ON CARRIED
The letter from the Planning Commission stated they had reviewe
the request of R. W, A�ney to build an incinerato� with an outside
feed at his store, 959 East� Main. The Commissiorr was of• �the opini n
that Mr.� A�ney�should adhere to the original plans as presented at
a publ`ic hear.i'ng and acted on at the time his �equest for 'remodel -
ing was presented. The Commission also recommends that' .the prope�
authorities give Mr. A�ney 30 days to eonfo�m with the eonditions
stipulated on the approved plans on file in the City Enginee�'s
Office.
Councilman Tow�er moved and Kammeyer 2nd that the Planning
Commission's 'recommendation be approved.• -
� MOTION. CARRIED •
Tovmer also moved that George Schuler be instructed to inform
Mr. Arneycof-.the Planning Commission's recommendation and see that
the time Iimit be adhered to. Pe�e�sen 2nd this motion.
MOTION CARRIED
WASWINGTON STATE HIGHWHY COMMISSION
The Cle�k read a letter from the Ydashington• State Highway Com- '
mission relative to channelization and beautification on C St. 'SE
f�om the N,P; Ove�c�ossing no�therly to Flrst St. NE. Atteched '
was a' draring of same.
The Mayor refer�ed the letter and d�aring to the Street Committ e
and the Park authorities. �
ALVA C. LONG
The Cle�k read a letter from attorney Alva C. Long in rega�d to
the auzi 'liary pol.ice •fo�ce, Ord. #14440, pointing out certain lega
. .factors involved in setting up such an organization.
Another letter was read by the Cle�k f�om M�, T, M. Lea, Vice '
P� i.ncipal of, Auburn S�,, High School , commending "the City end the
.
Page 2348 . '
AUBURN -_WASHINGTON TUESDAY MAY_ �_' 961 -
Commission "on establishi �g this vit�al force."
The Ma,yor stated that no hast action is intended ancJ ,feels th t
some sections of the 0edinance�e reviewe y he Council,.,�
� The City At¢orney 'said this Oedihanee was formulated from �a:
modef ordinance set up by tihe Association of Washi.ngton Cities.
Counci Iman Gai'nes made_�a_moti:on_;and Aaby�2r�d that Mr. . L'ong's
1 ette�be eco`r�e�'i n i f's ent i rety "i n 'the Counc i I'"m i nutes. ` The
following rofl� call' vote was recorded: Aaby,;yes; Peterseri,no;
Ka�yer, no; Fitzsimmons, yes; Sonnemann, no; Towner, yes;''Gaines,
yes. _ . .. .
MOTION CARRIED
• Mr. Alva C. Long's letter reads as follows:
' °May 9, 1961"
"The Mo�orable Mayo�
City of Auburn and
The Honorable �ity
Council , Members thereof Re: Ordinance No. 1440
Gentlemen:
. Please be you: hereby adv,ised that this writer has no �
personal vested interest in Ordinence No. 1440, nor do I repre-
sent any proponents o� ezponents •thereof. I feel it necessary,
ho++eve�, to p�esent certai� issues to you ahich mey or may not .
have beem pneviously .resolved by your committee. �
This vriter has been involved with auxiliary police
forces for a period in excess of six years, both as judqe and
as defense attorney.. !!I have yet to meet one chief of police
who is in favor of their creatiom as�;a matte� of principle.✓ I
have tal.ked to the chiefs ,of police: of Kent, Renton and Enum-
c1aw, aIL three of whom ha,ve advised me they would be ailling -
to testify at either a• closed or open' hea�ing as to the �basi.s
of their opposition. thereto.✓Each ehief hereinbefore refe�ced
' to also ;advised me that they aere not roilling to; non could =
they base. their opposition .to an auxiliary poiice force on the '
laa enforcement problems- existent in the City of Aubu�n but
Mould limit their rema�ks strietly to the c�eation of.� aux,iti ry
police force in- any� c ty as being eont�ary to good : law enforce-
ment practices.✓-� � •
' I am somewhat concerned xith the wording of section� 3 °
of Ordinance No. 1440,,. insofar as i:t relates' to the method the
membe�ship of any. peeson. in the au:iliary poliee foree. may .be �
�eyoked.:,, As I read= it, either the� chief of police_ or the
� �d ireetor of civil defense�, whomever that might be,' may suspend
�/ the membership of an�� auxiliary:_ . Section. 4 provides that the
chief of police _is the commanding officer of the auxiliary
police force, and shal.l be �esponsi6le for their condact; yet
thg, dieector of cjvi ) de nse may at any time effetively thaa�t
the ehief's administ�ation of the reserves ,by me�ely revoking
the membership of any :person he so desires, for anq_ reason o� �
no reason at all . . lt. occu�s to me that the ehief of police
Mould, be; unde� the .p�ov�sions of both O�dinanee 1440, and as a
practical matten, directly responsible for. the conduct of` the
rese�ves, and yet ; 2Re director of civil defense eould effectively
thwa�t the adminis£ration of the �reserves' by firing the key menc
�t � seems. to this .wcite� that ' fhe old-age pcohibition that.� too
many cooks spoit the soup applies to Ardinance� No. 1440, insofa- .
as the administ�ation of the personnel is coneerned.✓
' Section 4 of 0�dinance �No. 1440rseems to this writer subj ct
to the same disability. The chief of poiice is given the duty f
establishing the training program, p�omulgatinq rules and regu=
lations fo� their conduct,: prescribing their uniforms and
supe�vising their performance of duty. It is tFie ehief's duty
to select and appoint men to the auxiliary police force�oweve ,
- again, bofh irector of �civil defe�e an the m�a or�ust
app,t�yeTt_he rules, appa�ently before they become effective, and
as prey iarTsT mentioned, the director of civil defense may fi �e
them. J It again occurs to this w�ite� that a situation ahere one
boss is specificallq relegated wi,th the autho�ity to .hire, and
enothe� can fire, would not :tend to• promote o�derFy administea-
tion, particularl,y vhen •the =hiring boss� is required to make the ( �
rules, and the firing boss is requi,red .to approve them.V,. _ ' �
Page 2349
AUBURN, WASHJNGTON TUESDAY � MAY 16. . 1961
i am also somewhat concerned with Section 7, �.regarding the lia-
bility of the City of Auburn.!� Defining the auxiliary -police force
as civil defer se workers, in this write�'s opinion, just doesn't
make .it so. . ylt oecurs to me that, notwithstanding how many times
a `fe�mer ealls his horse a cow, it wo�'t give mi-Ik. ✓
" •F�i�ther in �ega�d to liability, as l �eeall , .the Fegislature
of 1959 appropriated nea�ly $5,000.00 for the wonkmen'.s compensa-
tion fund to be -administe�ed by the State Depa�tment of Civii
Defense. That subsequent to 1959, no further app�opriations have
been made. One claim by a civii defense worker anyplace in the :-%
State of Washington could very well deplete this amount, if it
hasn't already been ;so depleted.✓ I believe investigation should '
be made in this rega�d, for in the event it is in fact legal for
reserve pat�olmen of the ,City of Auburn to be designated as civil
defense workers to so entitle them to the benefits of our State
Wo�kmen.'s Compensation Act fo� civil defense aorkers, the funds
available from the state would have a direct effect on the amount
of coverage the group accident insurance policy should p�ovide for.
I am .someahat further° eoncerned withe,tbe titte of Ordinanee
No. 1440. The�e is a state prohibition that no titte of any ord-
iriance shall eontain two subject matters. It occurs to me that
Ordinance No. 1440 does, in fact, create a civil defense corps as
v+ell as a civil:ian auxiliary police fo�ce in the City 'of Aubu�n.
T.his is not- �eflected in the title.
I :am further somewhat concerned as to whether o� not the es-
fabLishment� of •such a ei.vilian auzilia�y police fo�ce witl have
any effect on the insurance �ates for the City of Anburn. Lia-
bility insurance fo� any city is he�d to come by. It occurs . to
me that inasmuch that the auxiliary police officers a�e unde� the
di �ect cont�oi of the chief, that they would be aaent,s of. the City
of Aubu�n, and that the Ci.ty of Auburn would be liabie for any
negligent acts by them committed. There is a Supreme Court case
pending at this time invoJving: a city, questioning rhether o� not
a ciLy .any ',longe� has anq immunity f�om suit. �The Sup�eme Court
case is predicated on- a `law passed by the last session of the I�gis
latu�e and signed by the: Gove�nor, waiving the sove�eign 'iminunity ,
of the State "of Washington: for all purposes. The' State of Washingt n
by� the: passage of this laar, has consented to be sued fo�' any acts
of its agents, � employees or othe�rise, to the same extent' a�d
fo'r: the� same' pu�poses as would be a private individual . . A question
to be resolved is, inasmueh that a city is a c�eatu�e of�� a : state,
vhether. or not, by the passage of said laN, the city also. has
aa.ived.•ail its immunities and can be sued,• whethe"r' or not'the
actor is engaged• in' a prop�ietary or governmental funetion": ✓�he
o�tcome of this. suit inight well have a bea�ing on the desi"�eb`ility.
of having a eiv:ilian auziliary poliee fo�ce` i'n the City "of Auburn
As l read Ordinance No. 1440, some othe� close questions might come
up as to•whether or not • at� any given time a single- auxiliarq:• ,' -
police force office� is engaged induties which he has pe�fo�med
negligentl �y, might �ende� the City of- Auburn liable for his`acts.
I wish- to �eite�ate that this write� has no interest", vested
or otherwise, in the proposition, as to° whether or �not_ the City
of Auburn does in fact �establish a:.civilian auxiliary police,
force in .the.City of Aubu�n under Ordina�ce No. 1440. ' 1 do, how;
ever.,.. wish to point out that the establishment of sueh a rese�ve'
police fo�ce c�eates many' troublesome and intrieate, p�oblems',
which, l be.lieve; should be given full conside�ation'befo�e any
enabling o�dinancer'a�e passed supplementing Ordinance' 1440 0� the
appointing authority does in fact appoint a �ese�ve fo�ce.
Very respectfully yours, '
�
ALVA C. LONG•• �?�"YB
.. , . ' : . ' . .. , ._ , . . �\..}�� .
x.,
COMMITTEE REPORTS a��
�.
PURCHAS I N6� COMlE I TTEE ��
• Councilman Aa6y reported that the Johnson 'Garbage DisposaF "Co.
ill ;go. 6aek to :the old chaeges involving commercia7 ' aceounts' un il
hey can wo�k out . agreements aitfi the various businesses involve�.
FIRE COMMITTEE
No report.
<< .
age 2350
UBURN WASHINGTON TUESDAY MAY. 16 ' I'961
' ' L'iCENSE- COMMITTEE
No . report.
' STREET OOMMITTEE
Councilman Retersen 'reported that the Street Committee and the
treet Supt, inspected the, streets in the Forest Villa area. Petec
en moved that the streets be accepted as constructed. Towner 2nd
his motion.
MOTION CARRIED
Petersen 'also stated that the Aubur� Sr. High School fias re-
uested as'sistance' from the' City to stripe their tennis court.
"' ' Councilman Towner made a motion and Kammeyer 2nd thet this
equest be granted.
� � MOTION CARRIED
WATER COINMITTEE
Councilman Kammeye� madeaa motion and Towner 2nd that the
lerk be i �st�ucted to pay for that portion of the new eash registe
� nd bookkeeping machine chargeable to the Water-Sewer Dept. from th
etterment Reserve Fund.
The folloaing roll call vote was reeorded: ,Aaby, yes; Petersen,
es;;, Kammeye�, yes; Fitzsimmons, yes; Sonnemann, yes; Towner, yes;
aines, yes.
MOTION CARRIED
LIGHT COMMITTEE
No report.
POLICE COMMITTEE
No �eport.
WATER SUPT. REPORT
' Tom Bolton repo�ted th`at' Auburn Academy is interested in ob-
ain.ina a fire line and ; a two- inch commercial meter service.
` " Bolton also mentioned that logging on the cottonwood and fir
' t Coal Creek has begun.
CITY ENGINEER'S REPORT �
No �eport.
LIBRARY BUILDING SITE
Ceuncilman Sonnemann made the motion and Kammeyer 2nd that the
ouno-il reserve the prope�ty. area shown in the sketch for the pur=
ose o'f a new Library as requested by the Library Board.
MOTION CARRIED
POLICE CHIEF'S REPORT
No report.
' CITY ATTORNEY
� OROINANCE #1443
It was moved by Sonnemann and 3ed by Petersen that Ordinance
1443. �rttitled AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON; RE-,
' ATING TO AND bESIGNAT.ING HOLIDAYS FOR ALt MUNICIPAL EMPLOYEES OF
HE CITY OF AUBURN, be adopied with the folloeving roll call vote
eing reco�ded: Aaby, yes; Petersen, yes; Kammeye�, yes; Fitzsimmons,.
es; Sonnemann, yes; Towner, yes; Gaines, yes.
MOTION CARRIED
ORDINANCE #1444
It was moved by Kammeyer and 2nd by Sonnemann that Ordiwanee
1444 enti_tled, .AN ORD7.NANCE OF THE CITY OF AUBURN, WASHINGTON,
ROYIDJNG FOR THE REZONING OF CERTAIN PROPERTY IN THE CITY OF AUBURN
HANGING THE ZONIMG CLASS OF SAID PROPERTY FROM R-4 TO P- I FOR A
.S. POST OFFICE, be introduced and adopted with the following roll
all vote being recorded: Aaby, yes; Pete�sen, yes; . Kammeyer, yes;
itzs3mmons, yes; Sonnemann, yes; Towne�, yes; Gaines, yes.
MOTION CARRIED
ORDINANCE #�445
� It was moved by Sonnemann and 2nd by Petersen that Ordinance �
1445 entitled, AN ORDINANCE OF THE CITY OF AUBURqI, WASHINGTON..
Page 2351
AUBU N WASMINGTON. : TUESDAY MAY 'I6 I961
PROViDiNG FOR THE REZONING OF CERTAIN PROPERTY IN THE CITY OF
AUBURN, CHANGING THE ZONING CLASS OF SAID PROPERTY fROM R-3 TO
SPECIAL PROPERTY USE TO ADD PROFESSIONAL ENGINEERS' OFFICE TO
PRESENT FOUR-PCEX , be introduced and adopted with the following roll
call vote being recorded: Aaby, qes; Peteesen, yes; Kammeyer; yes; ,
F. itzsimmons, yes; Sonnemann, yes; Towner, qes; Gaines, yes. .
ORDINANCE # 1446
It was moved by Petersen and 2nd by Kammeyer that ,0edinance
# 1446, entitled AN ORDINANCE OF THE CITY,OF BUBURN; WASHI,NGTO,N;•. ;
PROVIDIN6 FOR '�HE REZONING OF CERTAIN PROPERTY IN THE CITY OF AUBU N, '
CHANGING THE ZONING CtASS OF SAID PROPERTI' FROM R-2 TO �SPECIAL � �
FROP,ERTY USE FOR REST HOME, be introduced and adopted with the follow-
:ing �oll call vote being �ecorded: Aaby, ,yes;-Petersen, yes;
Kammeye�, yes; Fitzsimmons; . yes; Sonnemann, yes; Towner; yes;
caines, yes. `�,
, MOTION•CARRIED
, _ ,
MAYOR SHAUGMNESSY. ... , ,
1
The Mayor announced that the Counci:i meet.ing of. June 6 196.1
�iil be celled and immediately adjourned to the folloxing fuesday,
J'une 18, 1.961 . 2his is due to the fact that many of theCouncil
membe�s wi §h to attend the annual Efii�mber of Commerce banquet
scheduled for June 6. . . .
OLD BUSINESS
None.
NEW BUSINESS '
None.
• CLAIMS
It wes' moved by_ Fitzsimmons and 2nd by Gain,es that the follow-
ing claims, all having preViously been passed and eigned by the '
Finance Committee, be app�oved and the City Cle�k be instrncted to
d�aM Narrants in payment:
Cl1RRENT EXPENSE #8566 to #8634 - $10;928.77
CEMETERY #204 to #209 $ . . 55,6..78
STREET #2728 to #2753 � . $, 3;656'.02,.
, . � .
WATER #1464 to # 1493 $ 3,515.36
FIREMAN 'S R & P FUND # 12 to # 16 $ 177.80
The�e being no fu�the"r business to come before the Council ,
the meeting was adjou�ned at 9:35 PM, subjeet to the call of the
Mayor.
APPROVED. THIS ��� DAY,.OF . �� ' � 19�
, .
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