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HomeMy WebLinkAboutITEM V-A-1CITY OF BURN WASHINGTON 1. CALL TO ORDER CITY COUNCIL MEETING MINUTES October 6, 2008 7:30 PM A. Flag Salute Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. and led those in attendance in the Pledge of Allegiance. B. Roll Call Mayor Lewis and the following Councilmembers were present: Rich Wagner, Sue Singer, Gene Cerino, Nancy Backus, Bill Peloza, Lynn Norman and Virginia Haugen. Staff members present included: Parks, Arts and Recreation Director Daryl Faber, Information Services Director Lorrie Rempher, Human Resources/Risk and Property Management Director Brenda Heineman, Planner Stacey Borland, Principal Planner Elizabeth Chamberlain, Police Chief Jim Kelly, Public Works Director Dennis Dowdy, Finance Director Shelley Coleman, City Attorney Daniel B. Heid, Transportation Planner/Grants Manager Chris Hankins, Communications Manager Dana Hinman, Principal Planner Jeff Dixon, Assistant Planning Director Kevin Snyder, Senior Planner Karen Scharer, Domestic Violence Victim Advocate Shelly David, and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements a) Proclamation - "Community Planning Month" Mayor Lewis proclaimed the month of October 2008 as Community Planning Month in the city of Auburn. Mayor Lewis presented the proclamation to Principal Planner Elizabeth Chamberlain. Page 1 City of Auburn Council Meeting Minutes October 6, 2008 b) Proclamation - "National Arts and Humanities Month" Mayor Lewis proclaimed the month of October 2008 as National Arts and Humanities Month in the city of Auburn. Mayor Lewis presented the proclamation to Arts Commissioner Linda Elliott, Museum Board President Warren King George, and Museum Volunteer and Facilities Coordinator Janet Wells. Ms. Elliot reported that the Arts Commission is celebrating 25 years of service to the City of Auburn. Ms. Elliot invited the Auburn community to attend upcoming events which are focused on public art, performing arts, and visual arts. Ms. Elliot thanked Mayor Lewis and Councilmembers for their support of the arts. c) Proclamation - "Domestic Violence Awareness and Prevention Month" Mayor Lewis proclaimed the month of October as Domestic Violence Awareness and Prevention Month in the city of Auburn. Mayor Lewis presented the proclamation to Domestic Violence Victim Advocate Shelly David and Domestic Violence Task Force Volunteers Beth Hollis and Virginia Adkinson. Mayor Lewis thanked Ms. David, Ms. Hollis, and Ms. Adkinson for their efforts to end domestic violence. Ms. Hollis commended the efforts of the many volunteers working in the Auburn community to end domestic violence and thanked the Soroptomist Club of Auburn, Auburn Eagles Club, Top Foods, Sam's Club, and Valley Cities Counseling for their support of various programs. Ms. Hollis also thanked the Auburn Police Department for their efforts in providing support and safety to the families involved as victims of domestic violence. Ms. Hollis also thanked Mayor Lewis for his support of the various programs. Page 2 City of Auburn Council Meeting Minutes October 6, 2008 Mayor Lewis commended the efforts of Councilmembers Singer, Norman and Backus for their participation and support of the domestic violence awareness and prevention programs. d) Washington Public Employers Labor Relations Association Certificate of Accomplishment presented to Employee Relations and Compensation Manager John Fletcher. Mayor Lewis presented a Certificate of Accomplishment to Employee Relations and Compensation Manager John Fletcher which recognized his work and dedication with regard to the establishment of the E-gov database implementation. Mayor Lewis thanked Mr. Fletcher for his efforts on behalf of the City of Auburn. e) Traffic Calming Strategies Report Police Chief Jim Kelly presented a Power Point presentation on the Auburn PhotoSafe and Red Light Photo Enforcement Programs. The digital photo enforcement program was launched on June 30, 2006. The goal of the program has been, and continues to be, to improve traffic safety through reduction of red light violations and associated collisions and to reduce the incidents of speeding in our school zones. Chief Kelly presented photos depicting a right angle collision in one of the enforced intersections to demonstrate the serious affects of red light running and the resulting collisions that can occur. Red light violations from July 2007 to January 2008 accounted for approximately 5,300 violations, of which 4,718 resulted in infractions and 14% were rejected upon review. Chief Kelly explained that when RedFlex, who administers the program, forwards the information to the Police Department the alleged violations are reviewed by the traffic officers on a daily basis. The police officers make the final determination on whether there are facts and sufficient grounds to issue an infraction. Some reasons for rejection Page 3 City of Auburn Council Meeting Minutes October 6, 2008 include an unclear or unreadable license plate number, a dealer license plate number which cannot be confirmed to a particular registered owner, emergency vehicles going through an intersection under lawful authority, or that it may not have been a violation according to set standards. Overall, the number of violations per month has decreased since the program's inception from 870 to 770 per month. Chief Kelly reported that there are currently three PhotoSafe Program school zones at Dick Scobee, Chinook, and Mt. Baker elementary schools. Chief Kelly displayed charts depicting alleged violations and infractions issued before and after implementation of the PhotoSafe Programs for the various camera locations. Chief Kelly reviewed statistics related to requests for mitigation hearings for infractions, of which 22% were for infractions issued via the PhotoSafe Program and 50% were for infractions issued directly by an officer. Citizens have on-line access to PhotoSafe Program videos that depict alleged violations and also have the right to request mitigation hearings. The majority of the cases dismissed were as a result of the registered owners appearing in person before the judge and declaring under penalty of perjury that they were not the operator of the vehicle at the time the infraction was captured. Chief Kelly spoke regarding the successes of the PhotoSafe Program and the collaborative process for implementation between the Police Department, Public Works Department, Information Services, Municipal Court, and Legal Department. Staff members are encouraged by expressions of support for the program's goals of increased public safety by Auburn citizens. Staff continues to identify additional locations for more photo enforcement cameras, both in school zones and warranted intersections. Chief Kelly displayed a video of "near misses" with regard to collisions in all the PhotoSafe intersections. Chief Kelly noted that all of these "near misses" occurred at Page 4 City of Auburn Council Meeting Minutes October 6, 2008 least three seconds after the traffic light had turned red and after the program had been in place for over a year. In response to questions from Mayor Lewis, Chief Kelly stated that there have been no fatalities at the PhotoSafe intersections since the program's inception. Mayor Lewis commended Council's decision to use net funds from the PhotoSafe Program for neighborhood traffic calming improvements. Transportation Planner/Grants Manager Chris Hankins presented a Power Point overview of the Neighborhood Traffic Calming Program and associated funding. Mr. Hankins stated that staff frequently receives comments from Auburn citizens about neighborhood speeding, cut-through traffic, and pedestrian safety. Without attention to these issues neighborhoods would become adversely affected. In response to neighborhood concerns the City of Auburn developed the Neighborhood Traffic Calming Program in 2005. To improve the livability of the City's neighborhoods the Program addresses the following issues: • Speeding • Cut-through traffic • Pedestrian and school zone safety • Reduction of negative affects of automobile use • Alteration of driver behavior Mr. Hankins explained that the Program is structured as a multi-phase toolkit to help the residents and the City work together to achieve safer neighborhoods. Under Phase I, residents notify the City of a traffic concern and a technical analysis to determine the extent of the problem is performed. Phase I typically consists of measures that are easier to implement, are of lower cost, and are often less contentious such as: Page 5 City of Auburn Council Meeting Minutes October 6, 2008 • Traffic education • Installation of new signs • Pavement markings • Vegetation management • Targeted law enforcement • Placement of temporary speed radar signs Based upon the findings of Phase I, the City and neighborhood may proceed to Phases II and III. These phases typically include altering the configuration of neighborhood streets so that they often require engineering, are of higher costs, and require community consensus prior to installation. Phases II and III may include devices such as: • Speed cushions • Traffic circles • Permanent speed radar signs • Raised intersections or crosswalks • Neighborhood entry treatments such as landscape islands and lane separations Mr. Hankins reported that in 2007 the Auburn City Council approved moving all PhotoSafe Program net funds to the budget for the Neighborhood Traffic Calming Program. With limited funding there is an impact to the range of options available in the Traffic Calming Program process. Mr. Hankins reviewed the Program's annual budget, which would be jeopardized without the PhotoSafe Program. Mr. Hankins reviewed the list of neighborhoods where traffic calming projects have been completed or are in process, neighborhoods requesting traffic calming projects, and complaints received since the inception of the PhotoSafe Program. He also reviewed various traffic calming devices and signage and the issues they are intended to alleviate. Mayor Lewis indicated that the City was one of the municipalities recently approached with regard to a state initiative effort. Communities with PhotoSafe Page 6 City of Auburn Council Meeting Minutes October 6, 2008 Programs were asked to comment on the proceeds from the programs and were asked if they would continue the program if there were no net proceeds from the programs. Mayor Lewis responded to the request with information regarding revenues received and associated costs of service and indicated that the City of Auburn would be unable to continue the program without PhotoSafe Program revenues as the costs would be prohibitive. 2. Appointments There was no appointment for Council consideration. D. Agenda Modifications Traffic calming strategies report Agenda modifications included a presentation on traffic calming strategies, the addition of a contract administration item to the Consent Agenda for a consultant agreement with DKS Associates, the correction of scrivener's errors to the titles of Ordinance Nos. 6185 and 6186 that appear on the agenda, and a revised agreement related to Resolution No. 4401. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings No public hearing was scheduled for this evening. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. Tom Erdmann, 1301 16th Street NE, Auburn Mr. Erdmann indicated that he was a recipient of an infraction under the red light photo enforcement program. He stated that, prior to this evening, he was unaware of the extent of the benefits provided by the PhotoSafe Program and thanked Chief Kelly for his presentation. Mr. Erdmann requested status on progress of development in the downtown area, in particular on Main Street, and commented on the progress and development of the Kent Station located within the City of Kent. Mayor Lewis indicated that he would respond to Mr. Erdmann once others in the audience had an opportunity to speak. Page 7 City of Auburn Council Meeting Minutes October 6, 2008 Judy Walker, 1402 22nd Street NE, Unit #301, Auburn Ms. Walker referred to a letter presented to Mayor Lewis and Councilmembers regarding rent increases to residents at Rio Verde Estates. Ms. Walker spoke regarding drastic measures that residents may have to take due to the increases. Ms. Walker urged Mayor Lewis and Councilmembers to assist the senior citizens residing at Rio Verde Estates. John Worthington, 4500 SE 2nd Place, Renton Mr. Worthington expressed concerns with regard to the Growth Management Act. He spoke in opposition to development of residential housing in the downtown area as he feels that it reduces areas that might be relegated to public space. Mr. Worthington expressed his belief that city centers should create a substantial profit center. Mr. Worthington also spoke regarding regulation of lane miles and modes of public transportation. Jeff Mann, Apex Engineering, 2601 South 35th Street #200, Tacoma Mr. Mann spoke regarding Ordinance No. 6187 and proposed Auburn City Code changes. Mr. Mann spoke on behalf Todd Duty who owns 80 acres adjacent to Lakeland Hills. The property is part of the Lakeland Hills planning area. Mr. Mann indicated that they have been working on his client's project and meeting with City staff since June 2006. His client paid approximately 40% of the cost of the Environmental Impact Study (EIS) for the Lakeland Hills planning area. Mr. Mann requested that they be allowed the option to follow through on the project, which began under the current development agreement ordinance. Mr. Mann requested that Council delay the adoption of Ordinance No. 6187 in order for the project to be completed. Todd MacRae 210 - 37th Street SE, Auburn Manor Mobilehome Park Mr. MacRae spoke regarding water rates being charged to the residents of Auburn Manor. Mr. MacRae stated that park residents are being charged for water at a commercial rate. Other mobilehome parks charge residents at the residential rate, which is considerately less than the commercial rate. Mr. MacRae requested assistance from Council with regard to billing issues. Mayor Lewis stated that mobilehome park owners determine if their park will have one single meter or meters for each space. Those parks with one meter are billed at the commercial rate, and in turn Page 8 City of Auburn Council Meeting Minutes October 6, 2008 bill each resident individually. The City has worked to ensure that there are equitable billing procedures for third party billing. Mayor Lewis directed staff to work with Mr. MacRae to determine if the park is following proper third party billing requirements. No one else in the audience requested to speak. In response to earlier comments from Mr. Erdmann regarding the status of downtown development, Mayor Lewis reviewed the history of development in the downtown area beginning in the 1980's. At that time, the downtown area was struggling as they had lost most of the major merchants. In an effort towards redevelopment, the Auburn City Council, Auburn Area Chamber of Commerce, Auburn Downtown Association, and a broad group of citizens came together to develop the Downtown Plan which is in effect today. Many surrounding local jurisdictions in the Puget Sound area were suffering from the same issues in their downtown cores. The City of Auburn began acquiring properties in the downtown area to provide a means of controlling the types of development going into their downtown area as developers were not concerned about the City's needs. At that time, the City of Kent was afforded the opportunity to purchase approximately 20 acres right next to their downtown core allowing them to proceed with their downtown development. Shortly thereafter, many economic setbacks occurred causing plans to be halted. A forthcoming agreement from a developer to purchase the property for approximately 25% less than the City of Kent paid for it caused a tremendous debate among their Council and was ultimately approved by a split vote. During this time, the City of Renton was moving ahead with its redevelopment. They had the opportunity to purchase three main parcels of land in the heart of their downtown area. At the same time, Boeing offered them a 65 acre parcel allowing the City of Renton to proceed with their downtown development. In the meantime, the City of Auburn was dealing with 26 parcels spread over 5 'h blocks which were owned by 14 separate owners. After many long hours of meetings, the City was able to start accumulating property. During that time, the City owned most of the block behind City Hall and advertised a Request for Proposals for development of a 20,000 square foot building to include a parking garage of at least 300 spaces with the proviso that the City Page 9 City of Auburn Council Meeting Minutes October 6, 2008 would retain 150 of the spaces and would receive revenue from the sale of the property. The best proposal was received from Auburn Regional Medical Center. The proposal was received in 2004- 2005, which the City accepted. Then the catastrophic event of Hurricane Katrina occurred, destroying two of the hospitals owned by that group which in turn delayed the progress of their proposal to the City of Auburn. After three years, they are finally able to begin construction. While all that was going on the Cavanaugh family, who owned one of the oldest businesses in Auburn, made a separate agreement with a private contractor to construct a multi-million dollar hotel with residential and retail components in the downtown core. Mayor Lewis indicated that the City of Kent also had an agreement with the same developer at that time. The developer then encountered financial difficulties causing the projects to come to a halt. At 8:39, Councilmember Haugen left the meeting without commenting on the reason for her departure. Mayor Lewis continued his narrative indicating that the Cavanaugh family project was never built and the residential component of the Kent Station was never built due to the developer's financial problems and departure from the United States. The City continued to work with developers and also towards acquiring downtown properties. The City recently started working on developer agreements. Auburn Professional Plaza is in the final stages of ground breaking for development of a 90,000 square foot building on the block adjacent to and east of City Hall. Across the street to the south of City Hall, development of a 50,000 square foot retail and residential development with underground parking is anticipated to begin in March 2009. The City has a master agreement with a developer including development of approximately 4 or 5 blocks, including the Cavanaugh property, which is anticipated to begin sometime in 2010. Mayor Lewis pointed out that the City of Auburn has the best transit center in the Puget Sound area. The City will endeavor to develop transit oriented development with retail in the base and residential above. C. Correspondence There was no correspondence for Council review. Page 10 City of Auburn Council Meeting Minutes October 6, 2008 III. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Chair Cerino reported that the Municipal Services Committee met on September 22, 2008 at 3:30 p.m. The Committee discussed and recommends approval of Ordinance No. 6200. The Committee also discussed parking of truck trailers on B Street NW and Ordinance No. 6177. The next regular meeting of the Municipal Services Committee is scheduled for October 13, 2008 at 3:30 p.m. B. Planning & Community Development Chair Norman reported that the Planning and Community Development Committee met on September 22, 2008 at 5:00 p.m. in a joint meeting with the Arts Commission. The Committee received a report on the Arts Commission's goals, activities and strategies for 2009. The Committee also discussed and recommends approval of the Master Plan Development Agreement under Resolution No. 4401 and discussed Ordinance No. 6200 and the Human Services 2009 funding recommendations and statistical performance data of 2008 funding recipients. The Committee also received a report from Planning, Building and Community Director Cindy Baker and reviewed the Planning and Community Development Committee matrix. The next regular meeting of the Planning and Community Development Committee is scheduled for October 13, 2008 at 5:00 p.m. C. Public Works Chair Wagner reported that the Public Works Committee met this afternoon at 3:30 p.m. The Committee discussed and recommends approval of contract administration items. The Committee also discussed Ordinance No. 6204, an interlocal agreement for wholesale water with the City of Covington and Water District 111, and quasi judicial code revisions. The Committee also received a report on the development code update, discussed an easement relinquishment in the Lakeland Hills area, received updates on the Storm and Sanitary Sewer Comprehensive Plans, and received a project status report. The next regular meeting of the Public Works Committee is scheduled for October 20, 2008 at 3:30 p.m. Page 11 City of Auburn Council Meeting Minutes October 6, 2008 D. Finance Chair Backus reported that the Finance Committee met this evening at 6:30. The Committee discussed and recommends approval of claims and payroll vouchers and Ordinance Nos. 6182, 6184, 6185, 6186, and 6187. The Committee also discussed Resolution Nos. 4401 and 4402, streamlined sales tax, and Ordinance No. 6177. The next regular meeting of the Finance Committee is scheduled for October 20, 2008 at 6:30 p.m. E. Community Center Chair Wagner reported that the Community Center Committee met on September 23, 2008 at 9:00 a.m. The Committee focused on finding cost reductions and discussed design details and a potential partnership with the Boys & Girls Club. The next meeting of the Community Center Committee is scheduled for October 7, 2008 at 1:00 P.M. F. Downtown Redevelopment Chair Norman reported that the Downtown Redevelopment Committee has not met since her last report of the September 3, 2008 meeting at which they discussed finalization of the design standards and guidelines and downtown plaza locations. The next meeting of the Downtown Redevelopment Committee is scheduled for October 14, 2008 at 4:00 p.m. IV. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on state, regional and local organizations. A. From the Council Deputy Mayor Singer reported that the Committee of the Whole conducted a meeting on September 29, 2008. The Committee discussed the Comprehensive Water Plan and future water rights to assure adequate water for the City of Auburn. She also attended the Suburban Cities networking dinner, Puget Sound Regional Council's (PSRC) tours of McChord Air Force Base and Fort Lewis Army Base, and the PSRC Executive Committee meeting where they learned that PSRC was awarded the number one metropolitan planning organization in the county out of 348 such organizations. Deputy Mayor Singer noted that she was interviewed at Comcast by Tony Ventrella for a spotlight interview. Page 12 City of Auburn Council Meeting Minutes October 6, 2008 Councilmember Norman reported on the City's diversity project and multi-cultural roundtable. They had a very successful and productive meeting. The next meeting will be held October 30, 2008 at the Auburn Senior Center. Councilmember Norman invited interested citizens to participate in the diversity project. Mayor Lewis noted that interested citizens should contact Community Services Manager Duanna Richards at 253-931-3041. Councilmember Cerino spoke regarding the importance of Councilmembers belonging to various organizations outside of the City Council. Councilmember Peloza reported that the City received a grant in the amount of $51,000 from the King Conservation District for startup and operation costs for a farmers market in Auburn. The farmers market is slated to open in June 2009. He attended the National League of Cities Energy, Environment and Natural Resources Steering Committee where they discussed carbon emissions, water supply planning regarding reclamation and desalination processes, bark beetle policy, sustainability and international outreach. He also attended the Metropolitan Water Pollution Abatement Advisory Committee meeting at which they discussed sewer infiltration and stormwater inflow prevention techniques. B. From the Mayor Mayor Lewis commended the efforts of Building Maintenance Technician Jeff McIntyre who formerly had a GED and recently received his high school diploma. Mr. McIntyre was instrumental in legislation regarding flying the Prisoners of War (POW) flag at governmental agencies in Washington State. Mayor Lewis also spoke regarding City efforts related to conducting neighborhood meetings. There were recently Block Watch meetings in the Rio Verde, Evergreen Heights, Hidden Valley, and Lea Hill areas. Mayor Lewis also attended a Valley Cities meeting and an awards banquet at the Mason's Lodge at which outstanding City of Auburn and Valley Regional Fire Authority employees were honored. Page 13 City of Auburn Council Meeting Minutes October 6. 2008 Mayor Lewis spoke regarding his and Mrs. Lewis' attendance at various churches throughout Auburn in an effort to show support for and encourage community cooperation. V. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes 1. Minutes of the September 15, 2008 regular City Council meeting. B. Vouchers F4.9.2, F4.9.5 1. Claims Claims check numbers 378601 through 378606 and 378610 through 379119 in the amount of $2,263,463.56 and two wire transfers in the amount of $264,820.82 and dated October 6, 2008. 2. Payroll Payroll check numbers 524554 through 524682 in the amount of $820,996.39 and electronic deposit transmissions in the amount of $736,599.34 for a grand total of $1,557,595.73 for the pay period covering September 11, 2008 to October 1, 2008. C. Contract Administration 1. Public Works Project No. CP0757 04.11.1 City Council award Contract 08-08, Project No. CP0757, 2007 Large Water Meter and Vault Replacement Project, to Slead LLC on their low bid of $196,927.68 plus WA State sales tax of $17,723.49 for a total contract price of $214.651.17. Page 14 City of Auburn Council Meeting Minutes October 6. 2008 2. Public Works Project No. CP0760 04.9.1 CP0760 City Council award Contract 08-04, Project Number CP0760, Auburn Way North Pedestrian Crossing, to Merlino Brothers, LLC on their low bid of $223,734.50. 3. Public Works Project No. C322A 04.9.1 C322A City Council approve Final Pay Estimate No. 9 to Contract 05-10 in the amount of $22,229.05, for a total contract price of $1,871,497.58, with Rodarte Construction and accept the construction of Project No. C322A, West Main Street Improvements. 4. Consultant Agreement No. AG-C-344 04.9.1 C201A City Council grant permission to enter into Consultant Agreement No. AG-C-344 with CH2M Hill for Engineering Services on Project No. C201A - M Street Grade Separation. 5. Consultant Agreement No. AG-C-341 City Council grant permission to enter into Consultant Agreement No. AG-C-341 with DKS Associates for engineering services for Project No. CP0820, 2008 Signal Improvement Project. Deputy Mayor Singer moved and Councilmember Wagner seconded to approve the Consent Agenda. MOTION CARRIED UNANIMOUSLY. 6-0. VI. VII. VIII. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. ORDINANCES AND RESOLUTIONS A. Ordinances Page 15 City of Auburn Council Meeting Minutes October 6. 2008 1. Ordinance No. 6182 03.4.2, 03.6 An Ordinance of the City Council of the City of Auburn, Washington, amending Sections 10.02.120, 12.64A.060, 13.41.070, 15.68.150, 19.04.080, relating to appeals Councilmember Backus moved and Deputy Mayor Singer seconded to introduce and adopt Ordinance No. 6182. MOTION CARRIED UNANIMOUSLY. 6-0. 2. Ordinance No. 6184 03.4.2, 03.6 An Ordinance of the City Council of the City of Auburn, Washington, amending Sections 14.02.020, 14.02.090, 14.03.030, 14.03.040, 14.03.050, 14.13.020, and 14.20.120 of the Auburn City Code relating to appeals Councilmember Backus moved and Deputy Mayor Singer seconded to introduce and adopt Ordinance No. 6184. MOTION CARRIED UNANIMOUSLY. 6-0. 3. Ordinance No. 6185 03.4.2, 03.6 An Ordinance of the City Council of the City of Auburn, Washington, amending Sections 18.04.260, 18.46.060, 18.62.030, 18.62.040, 18.64.020, 18.64.030, 18.66.160, 18.66.030, 18.68.040 and 18.70.060 of the Auburn City Code relating to appeals Councilmember Backus moved and Deputy Mayor Singer seconded to introduce and adopt Ordinance No. 6185. MOTION CARRIED UNANIMOUSLY. 6-0. 4. Ordinance No. 6186 03.4.2, 03.6 An Ordinance of the City Council Washington, amending Sections 16.08.190, 17.06.050, 17.06.080, 17.10.040, 17.12.010, 17.12.260, 17.14.060, 17.16.030, 17.18.010, of the City of Auburn, 16.06.100, 16.06.330, 17.06.110, 17.10.010, 17.12.270, 17.14.055, 17.18.020, 17.22.030, Page 16 City of Auburn Council Meeting Minutes October 6, 2008 17.22.050 and repealing Section 17.06.060 of the Auburn City Code relating to appeals Councilmember Backus moved and Deputy Mayor Singer seconded to introduce and adopt Ordinance No. 6186. MOTION CARRIED UNANIMOUSLY. 6-0. 5. Ordinance No. 6187 03.4.2, 03.6 An Ordinance of the City Council of the City of Auburn, Washington, amending Sections 14.02.040, 14.08.010 and 16.10.030 of the Auburn City Code, and repealing Chapter 14.21 of the Auburn City Code relating to development agreements Councilmember Backus moved and Deputy Mayor Singer seconded to introduce and adopt Ordinance No. 6187. Councilmember Cerino inquired if applications are vested under the prior City Code if they were received prior to adoption of Ordinance No. 6187. City Attorney Daniel Heid indicated that Washington State Law provides a mechanism whereby determination may be made on whether projects are vested or not. It depends upon when the triggers occur, such as whether a sufficient and complete application has been received that would then vest under the laws that exist at the time of application. In response to questions from Councilmember Wagner regarding passage of Resolution No. 4401, Attorney Heid indicated that resolutions are effective immediately upon adoption whereas adopted ordinances are effective five days after publication. Deputy Mayor Singer expressed concerns with regard to the time and effort as shared by Mr. Mann during audience participation and asked for clarification with regard to vesting of his client's project. Discussion followed regarding appropriate timing and options with regard to the vesting of an application under Washington State Law. Page 17 City of Auburn Council Meeting Minutes October 6, 2008 MOTION CARRIED UNANIMOUSLY. 6-0. 6. Ordinance No. 6200 01.8 An Ordinance of the City Council of the City of Auburn, Washington, amending Section 9.08.010 of the Auburn City Code relating to aggressive begging Councilmember Cerino moved and Councilmember Peloza seconded to introduce and adopt Ordinance No. 6200. MOTION CARRIED UNANIMOUSLY. 6-0. 7. Ordinance No. 6204 F4.3, 04.11.2, 04.8.3 An Ordinance of the City Council of the City of Auburn, Washington, amending Sections 13.06.360 and 13.48.100 of the Auburn City Code relating to utility rates Councilmember Wagner moved and Councilmember Cerino seconded to introduce and adopt Ordinance No. 6204. MOTION CARRIED UNANIMOUSLY. 6-0. 8. Ordinance No. 6205 03.5 PLT08-0003 An Ordinance of the City Council of the City of Auburn, Washington, approving the final plat of Carrington Pointe Councilmember Norman moved and Councilmember Backus seconded to introduce and adopt Ordinance No. 6205. MOTION CARRIED UNANIMOUSLY. 6-0. B. Resolutions Page 18 City of Auburn Council Meeting Minutes October 6 2008 1. Resolution No. 4401 A3.13.4, 03.3.23 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an agreement between the City of Auburn and Alpert International, LLP for a Master Plan Development Agreement Councilmember Norman moved and Councilmember Backus seconded to introduce and adopt Resolution No. 4401. MOTION CARRIED UNANIMOUSLY. 6-0. At 9:26 p.m., Mayor Lewis recessed the meeting for a five minute intermission and then to executive session for approximately thirty minutes to discuss pending/potential litigation pursuant to RCW 42.30.110(1)(i). Mayor Lewis extended the executive session twice for a total of twenty additional minutes. Mayor Lewis reconvened the regular meeting at 10:21 p.m. IX. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 10:21 p.m. APPROVED THE DAY OF OCTOBER 2008. Peter B. Lewis, Mayor Cathy Richardson, Deputy City Clerk City Council agendas and minutes are available to the public at the City Clerk's Office, on the City website, and via e-mail. Complete agenda packets are available for review at the City Clerk's Office and at the Library. Internet: http://www.auburnwa.gov Page 19