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Home My WebLink AboutITEM VIII-B-2Agenda Subject: Resolution No. 4365 - Setting hearing to consider disestablishing the Auburn C Parking and Business Improvement Area the date for a public entral Business District Date: June 25, 2008 Department: Legal Attachments petition : Resolution 4365 and Budget Impact: Administrative Recommendation: City Council adopt Resolution No. 4365. Background Summary: The attached resolution does not make the dec ision but is a prerequisite for any decision that t he City Council may wish to make (should it wish to mak e a decision) to disestablish the Auburn Central Bu siness District Parking and Business Improvement Are a as established by Ordinance 4293, and amen ded by Ordinance 6097. In accordance with those or dinances and state law (RCW 35.87A.180), in o rder to disestablish such a business district parking an d business improvement area, the legislative bo dy (the City Council) shall hold a public hearing schedul ed pursuant to a resolution of intent adopted at le ast 15 days to the hearing date. The proposed r approximately one month after the date for the pr esolution sets a public hearing for August 4, oposed action on the resolution of intent. 2008, This action (the disestablishment of the Aub urn Central Business District Parking and Bu siness Improvement Area) is a discretionary action by the City Council. The City Council may consi der the petition which it has received requesting the d isestablishment, as it may consider the its of people wishing to speak to that issue at the publi c hearing scheduled in accordance with the on, in the City Council's decision whether or not to di and Business Improvement Area sestablish the Auburn Central Business District Irking Reviewed by Council & Committees: El Arts Commission COUNCIL COMMITTEES: El Airport El Finance El Hearing Examiner El Municipal Serv. El Human Services El Planning & CD ? Park Board ?Public Works Reviewed by Departments & Divisions: El Building [3 M&O C3 Cemetery El Mayor El Finance El Parks El Fire 0 Planning ? Legal ? Police ? Planning Comm. ? Other ? Public Works ? Human Resources Action: Committee Approval: ?Yes ?No Council Approval: ?Yes ?No Call for Public Hearing Referred to Until -/-/ Tabled Until Councilmember: Backus Staff: Heid Meeting Date: Jul 7, 2008 Item Number: VIII.B.2 AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO. 4 3 6 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, SETTING A PUBLIC HEARING TO CONSIDER WHETHER OR NOT TO DISESTABLISH THE AUBURN CENTRAL BUSINESS DISTRICT PARKING AND BUSINESS IMPROVEMENT AREA, FOLLOWING RECEIPT OF A PETITION REQUESTING DISESTABLISHMENT WHEREAS, on July 5, 1988, the City Council established, through Ordinance No. 4293, the Auburn Central Business District Parking and Business Improvement Area; and WHEREAS, the provisions of said ordinance, specifically Section 2, paragraph 8 of Ordinance No. 4293, were amended by Ordinance No. 6097, adopted on the 21St day of May, 2007; and WHEREAS, the City has recently received requests for the disestablishment of the Auburn Central Business District Parking and Business Improvement Area and, pursuant to the provisions of RCW 35.87A.180, the City Council shall hold a public hearing for consideration of such disestablishment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. That a public hearing to consider whether or not the City Council should disestablish the Auburn Central Business District Parking and Business Improvement Area as initially established by Ordinance No. 4293 and amended by Ordinance No. 6097, shall be scheduled for 7:30 p.m., or as soon thereafter as the matter may be heard, on the 4th day of August, 2008, at the Resolution No. 4365 July 1, 2008 Page 1 of 2 Auburn City Council Chambers, 25 West Main Street, Auburn, Washington, 98001. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 2008. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk A N[),AkS TO FORM: aniel B. Hei , City Attorney Resolution No. 4365 July 1, 2008 Page 2 of 2 Michael J. Reynolds, Attorney Susan L. Conner, Legal Assistant Chris Callaham, Legal Assistant (253) 939-4556 Mayor Pete Lewis City of Auburn 25 West Main Street Auburn, WA 98001 JUN 2 3 2008 CITY OF AUBURN CITY CLERKS OFFICE T Law Offices JUN 1 MICHAEL J. REYNOL)h()A 329 East Main Street Y(?_S uburn, Washington 98002&-4559 Fax A • June 12, 2008 RE: Dissolution of Business Improvement Area (BIA) Dear Mayor Lewis: I have been requested by business owners to advise on the dissolution of the Business Improvement District (BIA). I have undertaken this pro bono to assist my neighbors. Enclosed you will find a copy of the Petition to City of Auburn for Dissolution of Business Improvement Area (BIA). This petition contains the name of the business owner, their address, telephone number and signature. From the information provided me the person that circulated the Petition was able to obtain signatures from every business visited except one. That business wanted to think about it. Therefore, in accordance with RCW 35.87A.180 we request that the City Council disestablish by ordinance. The condition precedent to the ordinance is a resolution of intention to disestablish. An additional concern has been the increase in the amount of assessment. The assessment increased significantly approximately 2 years ago. The statute provides at RCW 35.87A.140 a methodology to change the rate of assessment. That procedure calls for a hearing. Many of the people that approached me indicated that they had no knowledge of a hearing. By copy of this correspondence I am alerting City Attorney Dan Held to the issue so he may review so I may respond to the local businesses. Very truly yours, LAW OFFICES MI HAEL J. REY OLDS t Michael. J. Reynolds Attorney at Law MJR:sIc Enclosure cc: City Attorney Daniel Heid Cheryl Creson (for circulation to all interested businesses) PETITION TO CITY OF AUBURN JUN 2 3 2008 FOR DISSOLUTION OF THE C17, OFAUSURN BUSINESS IMPROVEMENT ASSOCIATION ( L§KS OFFICE Mayor Lewis & Members of the City Council: We, the below, are within the Business Improvement Area (BIA) and request that the City repeal and/or abolish the Business Improvement Area (BIA). BUSINESS TELEPHONE NAME ADDRESS NUMBER S ATU E 3'oln%AArdi`%Sawa 31:E VAAI'Q S?-. a ?3 9!;:4 UL 41 ' r ?p NlGtlh '153 2310 r AMACSY1 1?M0?\h 53333q?52 Loo ? L ?.e asp t. D y ?c3 g?9-?ftS 3i L ? 6`?Qrul:? ? ?c1a? a exr ? v 91 2-S`3 -.?S -t --ef ew G ek; n 5-1 w oz ,-I53 `3S fir/ uR,cl V, 1! XW 6 t Cr vl as # s- -? -671 O r 2 , 3 -Fff 2 -loll ; 110104 4,53 73 -s 46,CA D .(Y0 r6o 2 z Z :. AZT a S3-8d c? -O G sTE K i 7 NAME BUSINESS ADDRESS TELEPHONE NUMBER SI NATURE _ 5 Aft 'l0 , l Z YO v ?1G as E, M4 h S 1- - n/I :30o ;,t. 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