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HomeMy WebLinkAbout10-07-1996 Council Minutes CITY OF AUBURN COUNCIL MEETING MINUTES ~ ~"~"~ //! October7, 1996 7:30 p.m. I. CALL TO ORDER A. Flag Salute Mayor Booth called the meeting to order at 7:30 p.m. and led those in attendance in the Pledge of Allegiance. B. Roll Call 1_ ' C Mayor Booth and the following members of the CibJ ouncil were in attendance: Rich Wagner, Sue Singer, Jeanne Barber, Trish Borden, Fred Poe, Gene Cerino, and Stacey Brothers. Staff members in attendance included: Police Chief Dave Purdy, Fire Chief Bob Johnson, Personnel Director Brenda Kennedy, Acting Parks and Recreation Director Dick Deal, Finance Director Diane L. Supler, Public Works Director Frank Currie, Utilities Engineer Dwight Holobaugh, Planning and Community Development Director Paul Krauss, Assistant Planning Director Lynn Rued, Senior Planner Bob Sokol, Associate Planner Bea Sanders, City Attorney Michael J. Reynolds, City Clerk Robin Wohlhueter, and Deputy City Clerk Dani Daskam. C. Announcements and Appointments 1. Announcements a) Washington State Department of Transportation Award of Excellence Mayor Booth presented the 1996 Award of Excellence from the Washington State Department of Transportation to Public Works Director Frank Currie. The award recognizes the downtown Main Street Improvement Project as the best enhancement project in the state of Washington in 1996. Page~ City of Auburn Council Meeting Minutes October 7. 1996 b) Certificate of Appreciation Mayor Charles A. Booth and Police Chief Dave Purdy to present a Certificate of Appreciation to Cory L. Clem in assisting the Auburn Police Department in apprehending a robbery suspect. Mayor Booth and Police Chief Dave Purdy presented a Certificate of Appreciation to Mr. Cory L. Clem for demonstrating thoughtful and responsible citizenship in assisting the Auburn Police Department in apprehending a robbery suspect. Mr. Clem assisted in apprehending the perpetrator of a robbery which occurred at a local bank on September 9, 1996. 2. Appointments There were no appointments for City Council review. D. Agenda Modifications An agenda modification included correspondence addressed to the Valley Daily News from Clinton W. Shaw and transmitted under Item II.C.1 of these minutes. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Comprehensive Plan Amendments 03.4.3 The request of the City Council to conduct a public hearing to amend specific sections of the Comprehensive Plan. These sections include portions of the transportation element, description of Light Industrial designations, and Policy CF-62 dealing with essential public facilities. Mayor Booth opened the public hearing, and Senior Planner Bob Sokol presented the staff recommendation on the Comprehensive Plan amendments. Amendments to the Comprehensive Plan are required to comply with the Growth Management Hearings Board's decision on a petition brought against the Plan by the Burlington Northern Santa Fe Railroad. The City is required to comply with the Board's Page 2 City of Auburn Council Meeting Minutes October 7. 1996 Order by October 11, 1996. The Board ruled that the City's Comprehensive Plan is in overall compliance with the Growth Management Act, but remanded four parts back to the City for revision. The Planning Commission conducted a public hearing on the amendments, and the Commission recommends the City Council adopt the September 24, 1996 amendments. The Planning and Community Development Committee also recommends the City Council adopt the proposed amendments. Senior Planner 8okol presented a copy of staffs recommended revisions to the amendments. He explained that staff is recommending two revisions to the September 24, 1996 proposed amendments. The first revision relates to the requirement that the proposal be included in a state or regional plan be part of the City's process. If the proposal is not part of a state or regional plan, the City's process requires that it be part of a state or regional plan. The second change, contained in paragraph 6 of the staff revisions to the amendments, is intended to more clearly identify an essential public facility which meets largely local needs; for example, in-patient facilities, including substance abuse facilities, mental health facilities and group homes. The changes are in response to a letter addressed to the City Council from Eric Laschever, attorney for the Burlington Northern Railroad, and previously distributed. Senior Planner Sokol presented the Council with a copy of the Growth Management Hearings Board Order on Petitions for Reconsideration. The Board issued the Order in response to the City's appeal of the Board's original decision. The Order was issued in June 1996. Senior Planner Sokol recited from page 5 of the Order the following excerpts: "The Board points out that neither its determination that railroad facilities that serve the region or state are essential public facilities, nor its ruling that the City failed to adopt a process for siting essential public facilities, forces Auburn to site BN's proposed intermodal facility specifically at the existing Yard." "The specific siting of an essential public facility, such as a railroad's intermodal facility, the conditions under Page 3 City of Auburn Council Meeting Minutes October 7. 1996 which the development may be undertaken remains within the sound discretion of the permitting jurisdiction," "The Board has not undertaken and will not take a position as to where specifically a railroad intermodal facility may or may not be located within a city or county." "Instead, the Board has simply held that as a matter of law, regional and statewide railroad facilities are EPFs that Auburn does not have an adopted process for siting such facilities and is required to have such a process, and does not and that its comprehensive plan and local development regulations cannot preclude that siting of essential public facilities." Senior Planner Sokol advised that the definition of "preclude", according to Webster's Seventh Collegiate Dictionary, is to make impossible. Therefore, the City cannot have a process which makes it impossible to site an essential public facility within the city of Auburn. He urged the City Council to consider the Growth Management Hearings Board Order and the definition of "preclude" as they review the proposed amendments to the Comprehensive Plan. Staff recommends the City Council adopt the September 24, 1996 amendments to the City's Comprehensive Plan as revised by staff. Councilmember Brothers questioned Figure 72 included with the proposed amendments. Senior Planner Sokol explained that Figure 72, Arterial Link Level of Service, illustrates the existing levels of service in 1993 and a forecast of the level of service conditions in 2020 assuming no improvements are made to the city's streets and roads. In response to a question from Councilmember Poe, Senior Planner Sokol advised that language contained in the proposed amendment regarding the designation of essential public facility was taken directly from the Growth Management Act. The Land Use Study Commission, appointed by the Governor as a result of regulatory reform, Page 4 City of Auburn Council Meeting Minutes October 7, 1996 is considering methods of better defining an essential public facility. Eric Laschever, Preston, Gates & Ellis, 5000 Columbia Center, 701 Fifth Avenue, Seattle, WA, 98104 Mr. Laschever introduced himself and Ms. Pati Otley, Governmental Affairs Representative for the Burlington Northern Railroad Company, who was also in attendance. Mr. Laschever is an attorney with the firm of Preston, Gates & Ellis and represents the Burlington Northern Railroad. Mr. Laschever presented the City Council with copies of a letter addressed to Mayor Booth from Mr. Laschever dated October 4, 1996, with attached letter dated September 17, 1996 addressed to the Planning Commission, and copies of page 39 of the Central Puget Sound Growth Management Hearings Board Final Decision and Order 95-3-0075c dated May 10, 1996. Mr. Laschever questioned whether the City's proposed amendments to the Comprehensive Plan address the Growth Management Hearings Board's Order and whether the amendments will be upheld by the Board. He also questioned whether the City can look to any other provisions of the ordinance for the protections the City is seeking rather than from those provisions the railroad wants revised. Lastly, he offered additional time to negotiate the requested revisions. Mr. Laschever directed the Council's attention to page 39 of the Central Puget Sound Growth Management Hearings Board Final Decision and Order 95~3-0075c dated May 10, 1996, and recited an excerpt from the Order as follows: "The City contends that these facilities are currently not designated essential public facilities by any state, local, or city agency." According to Mr. Laschever, the City contends that rail facilities are not designated as essential public facilities because they are not identified as such in any planning document. He then referenced a provision of the Growth Management Hearings Board Order in which the Board held Page 5 City of Auburn Council Meeting Minutes October 7, 1996 that any rail facility serving the region or state is an essential public facility. Mr. Laschever asserted that the City's proposed amendments to the Comprehensive Plan require the railroad to be identified in a state or regional plan prior to submitting a proposal to the City and does not address the Growth Management Hearings Board Order. Mr. Laschever acknowledged the City's proposed siting criteria with the exception that the rail facility must be identified in a state or regional plan as an essential public facility. He expressed concern with the proposed Comprehensive Plan amendment provision regarding financial mitigation and whether the intent of the provision is to require financial mitigation due to the lower tax rates applied to rail properties. He also expressed concern with other siting criteria which may require essential public facilities to develop an incentive package in addition to mitigating impacts and thereby make the siting of such essential public facility impracticable. Mr. Laschever concluded that further negotiations could resolve the issues without any further controversy before the Growth Management Hearings Board, and suggested that the City join the railroad in requesting an extension from the Hearings Board. Planning and Community Development Director Krauss cautioned that the railroad's position has been that the railroad is exempt from any state or local law. Additionally, staff believe that the proposed Comprehensive Plan amendments meet the requirements of the Growth Management Hearings Board Decision and Order. The Plan amendments place the burden of defining an essential public facility and identifying its impacts on the state. Mr. Krauss cited the reopening of Stampede Pass as an example of the railroad's lack of addressing impacts of a public facility. City Attorney Reynolds recommended that the City join Mr. Laschever in requesting an extension from the Growth Management Hearings Board in order to continue discussions between the City and the railroad. Page 6 City of Auburn Council Meeting Minutes October 7, '1996 In response to a question from Councilmember Poe, Planning and Community Development Director Krauss explained that staff interpreted the Board's decision to identity the rail facility as an essential public faci'lity but to allow the city to subject the essential public facility to the City's permitting process. Discussion was held regarding the pending court dates before the Surface Transportation Board and federal court. Mr. Laschever indicated the railroad's position regarding the Surface Transportation Board proceedings and the proceedings before the federal bench will not change as a result of an extension of the Growth Management Hearings Board compliance deadline. City Attorney Reynolds expressed a willingness to work with Burlington Northern to continue the Growth Management Hearings Board Order with the expectation that the railroad will work with the City to facilitate the continuation of the remaining court dates. Mr. Laschever requested the City Council adopt an ordinance which will avoid any further dispute before the Growth Management Hearings Board. Mr. Laschever's position was such that he could not give any invitation to resolve all the issues related to Stampede Pass. His only focus was to the matter before the Growth Management Hearings Board. City Attorney Reynolds requested that Mr. Laschever or someone else within the Burlington Northern Santa Fe corporation give Mr. Laschever the authority to negotiate a comprehensive settlement of all issues. Councilmember Wagner questioned whether the Growth Management Hearings Board Order prevents the City from requiring the recognition of rail facilities in a state or regional plan. As interpreted by Mr. Laschever, the Board determined that because the legislature had identified certain types of facilities as essential public facilities, they are not required to be identified in any other planning document before beginning the siting process with the City. Page 7 City of Auburn Council Meeting Minutes October 7, 1996 Mr. Laschever offered to provide additional information with regard to the Board's definition of "impracticable". Councilmembers Barber and Borden expressed concern with the effectiveness of a delay in complying with the Growth Management Hearing's Board Decision and Order. City Attorney Reynolds objected to a piece meal negotiation of the Auburn yard, a possible future intermodal facility, and the reopening of Stampede Pass. He hoped that a delay would facilitate negotiations between the City and the railroad of all the related issues. Councilmember Poe suggested that the City Council adopt the amendments to the Comprehensive Plan, and allow the Growth Management Hearings Board to determine whether the amendments comply with their Decision and Order. Mr. Laschever noted for the record that, through a combined effort of the City and the railroad, $100,000 in funding was provided to study the impact of the reopening of Stampede Pass. He conceded that the Council should go forth with the amendments, and the Growth Management Hearings Board given the opportunity to rule on them. Councilmember Wagner spoke in favor of proceeding with the amendments to the Comprehensive Plan. Sandre Exley, 2708 "T" Street SE, Auburn, WA Ms. Exley expressed concern with the number of trains that may come through Auburn. She urged Burlington Northern Railroad to help pay for the construction of overpasses or other improvements needed to accommodate the trains. Alan Keimig, 216 "A" Street NW, Auburn, WA Mr. Keimig pointed out that the proposed amendments to the Comprehensive Plan not only affect rail facilities but extends to other public facilities which may locate in Auburn. He spoke in favor of involving the state and the ports in the planning and mitigation process for a rail facility. Page 8 City of Auburn Council Meeting Minutes October 7, 1996 John Raeder, 4102 "B" Place NW, Auburn, WA Mr. Raeder spoke about the existence of the Coalition for Responsible Railroads. The Coalition represents many people who are concerned about the impact of reopening Stampede Pass and the possibility of an intermodal facility in Auburn. He urged the City Council to adopt the proposed amendments to the Comprehensive Plan, but to also pursue further negotiations with the railroad. Motion by Councilmember Borden, second by Councilmember Wagner to close the public hearing, MOTION CARRIED UNANIMOUSLY. 7-0. Motion by Councilmember Borden, second by Councilmember Wagner to adopt Ordinance No. 4912 including the staff revisions submitted by Senior Planner Sokol. MOTION CARRIED UNANIMOUSLY. 7-0. Mayor Booth recessed the meeting at 8:58 p.m. for a five minute intermission. Mayor Booth reconvened the regular meeting at 9:04 p.m. 2. Consolidated Plan O3.4.1,7, O3.11.3 The request of the City Council to conduct a public hearing in accordance with 24 CFR 91.105 of the Department of Housing and Urban Development to solicit comments, opinions and ideas on housing and community development needs, including priority non-housing community development needs. Mayor Booth opened the public hearing. Planning and Community Development Director Krauss presented the staff report on the Consolidated Plan. The Department of Housing and Urban Development requires the City to conduct a hearing prior to drafting any revisions to the Plan in order to receive comments which may be used in updating the Plan. No major changes to the Plan are anticipated. A Page 9 City of Auburn Council Meeting Minutes October 7, 1996 preliminary draft of the proposed update to the Plan will be available through the first week in November. The Council will be requested to conduct another public hearing on the Plan in December. No member of the audience requested to speak regarding the Consolidated Plan. Motion by Councilmember Borden, second by COL ncilmember Poe to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. B. Audience Participation 1, Bill Kyle, 2001 19th Drive NE, Auburn, WA Mr. Kyle identified himself as the Past President of the Auburn Food Bank Board of Directors. He presented a copy of his written comments to the City Council. Mr. Kyle spoke in favor of Application No. CUP0003-96, the request of the King County Housing Authority for a conditional use permit to expand the Auburn Food Bank facility. He urged the City Council to consider the increasing need for the Auburn Food Bank and the changing demographics of the community when considering the request to remodel and enlarge the Food Bank facility. Mr. Kyle also announced that the Auburn Food Bank will be holding its annual fall harvest breakfast on October 25, 1996 at 7:30 AM at the Lindbloom Center at Green River Community College. Donations will benefit the Auburn Food Bank. 2. Alan Keimig, 216 "A" Street NW, Auburn, WA Mr. Keimig spoke as the architect on the project to expand the Auburn Food Bank facilities under Conditional Use Permit Application No. CUP0003-96. Mr. Keimig spoke in favor of the conditional use permit citing that the expansion plan address the needs of residents in the area and alleviates the negative impacts of the existing facility on the surrounding neighborhood. The remodeled facility will facilitate better and quicker service to its customers. The Page 10 City of Auburn Council Meeting Minutes October 7, 1996 Food Bank is located within an existing King County Housing Authority complex. Mr. Keimig noted that the housing complex is one of the least dense multi-family facilities in the city and will remain so even after expansion of the Food Bank. Mr. Keimig also spoke in favor of Application No. ZOA0002- 96, the amendment to Chapters 18.28 and 18.50 to Auburn City Code to no longer require five foot building setback in the downtown area. As a member of the Auburn Downtown Association, Mr. Keimig endorsed the amendments to ensure the continuance of the existing design and ambiance of the downtown area. 3. Patrick Hewes, 4040 Lake Washington Boulevard, Suite 110, Kirkland, WA 98033 Mr. Hewes spoke regarding Application No. CUP0002-96, the request of Phyllis Giboney and Sprint Spectrum for a conditional use permit to allow the construction of a 60-foot tower with antennae. Mr. Hewes is employed by Vento Communications Incorporated (VCI), a company which provides services to Sprint Spectrum. Mr. Hewes presented a letter dated September 30, 1996 from Airspace Safety Analysis Corporation regarding the proposed tower and antennae's compliance with Federal Aviation Regulations. 4. Jack Laverty, PO Box 464, Auburn, WA Mr. Jack Laverty of the Auburn Food Bank spoke in favor of Application No. CUP0003-96, King County Housing Authority's application for a conditional use permit to expand the Auburn Food Bank facilities. The expansion is necessary to serve the existing and future needs of the community. Mr. Laverty reported that in the last month the Auburn Food Bank served 863 households, 2,565 individuals, and distributed 42,387 pounds of food to residents living within the Auburn School District. Last year, the Food Bank distributed over $365,000 in in-kind donations. Mr. Laverty urged the City Council to consider the amount of service the Food Bank provides to the community. Page 11 City of Auburn Council Meeting Minutes October 7. 1996 C. Correspondence 1. A letter addressed to the Editor of the Valley Daily News from Clinton W. Shaw regarding curfew and dated October 3, 1996. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Brothers reported the Municipal Services Committee did not meet this afternoon. The next regular meeting of the Municipal Services Committee is scheduled for Monday, October 21, 1996 at 4:30 p.m. B. Planning & Community Development Chair Borden reported the Planning and Community Development Committee met September 23, 1996. The Committee discussed Community Development Block Grant funding amendments and Comprehensive Plan amendments. The Committee also received department budget presentations. The next regular meeting of the Planning and Community Development Committee is scheduled for October 14, 1996 at 7:30 p.m. C. Public Works Chair Wagner reported the Public Works Committee met September 23, 1996. The Committee discussed and recommends approval of several items which appear on the City Council's consent agenda this evening. The Committee also discussed the finance chapter of the Transportation Plan. Chair Wagner advised that a draft copy of the Transportation Plan was distributed to members of the Council. He noted that the Plan includes a reasonable solution for pedestrian access on the proposed Terrace Drive which will serve the Beverly Hill Addition. The next regular meeting of the Public Works Committee is scheduled for October 14, 1996 at 5:30 p.m. D. Finance Chair Barber reported the Finance Committee met this evening at 6:30 p.m. The Committee received budget presentations from the Finance and Legal Departments. The Committee also reviewed and recommends approval of claims and payroll vouchers. The Page12 City of Auburn Council Meeting Minutes October 7.1996 next regular meeting of the Finance Committee is scheduled for October 21, 1996 at 6:30 p.m. IV. CONSENT AGENDA A. Minutes 1. Minutes of the September 16, 1996 regular City Council meeting. 2. Minutes of the September 17, 1996 special City Council meeting. B. Vouchers F4.9.2, F4.9.5 1, Claims Claims check numbers 115294 through 115782 in the amount of $1,357,477.24 for Period 9 and dated October 7, 1996. 2. Payroll Payroll check numbers 232988 to 233279 in the amount of $581,956.04 and Direct Payroll Deposit transmissions in the amount of $225,583.02 for a grand total of $807,539.06 for the pay period covering September 12, 1996 to September 23, 1996 are approved for payment this 7th day of October, 1996. C. Contract Administration 1.Public Works Project No. PP, 576 O4.9.1 PR 576 City Council to award Public Works Project No. PR 576, the 1996 Channelization Program, Contract No. 96-15, to Apply- A-Line on their low bid of $62,900.25. 2. Public Works Project No. 597 O4.11.1 PR 597 City Council to award bid to award Public Works Project No. 597, Contract No. 96-19, to Scotty's General Construction, Inc., on their low quote of $14,555.00. Page 13 City of Auburn Council Meeting Minutes October 7, 1996 3. Public Works Projects No. 553, 577. 545 O4.10.2 PR 553, 577, 545 Request permission to advertise for bids for combined traffic signal improvement projects PR 553 and PR 577, and a portion of PR 545. D. Liquor License A5,6.1 1. City Council to approve a Class H liquor license for Rio Blanco Family Mexican Restaurant located at 3830 A Street SE, Suite 2011 subject to compliance with all applicable City Code requirements and a valid occupancy permit. Motion by Councilmember Barber, second by Councilmember Brothers to approve Consent Agenda Items IV.A through IV.D.1. MOTION CARRIED UNANIMOUSLY. 7-0. V. UNFINISHED BUSINESS There were no items for review under this section. VI. NEW BUSINESS A. Application No. ZOA0002-96 O3.4.2.1.2 Council consideration on the request to amend Chapters 18.28 and 18.50 of the Auburn City Code to no longer require five foot building setback from the street in a C-2, Central Business District, Zone. Motion by Councilmember Borden, second by Councilmember Singer to approve the proposed amendments to Chapters 18.28 and 18.50 of the Zoning Ordinance, and to instruct the City Attorney to prepare the necessary Ordinance. MOTION CARRIED UNANIMOUSLY. 7-0. Page 14 City of Auburn Council Meeting Minutes October 7, 1996 B. Application No, CUP0008-95 O3.10.1 The request of Dennis Clark for a conditional use permit to allow the construction of six duplexes on property located at 1108 3rd Street SE on property zoned R-3. At the request of Councilmember Poe, Mayor Booth excused Councilmember Poe from the Council meeting prior to consideration of Application No. CUP0008-95. Councilmember Poe removed himself from the Council Chambers. Motion by Councilmember Borden, second by Councilmember Wagner to approve the conditional use permit based upon the Hearing Examiner's Findings of Fact, Conclusions, and Conditions, and to instruct the City Attorney to prepare the necessary Ordinance. Councilmember Cerino expressed concern with the address of the proposed buildings and the ability of emergency personnel to respond to the addresses. Fire Chief Johnson reported that the Fire Department's maps are updated regularly, and fire personnel are required to familiarize themselves with the oddities of the existing address system. MOTION CARRIED UNANIMOUSLY. 6-0. Councilmember Poe returned to the Council meeting. C. Application No. CUP0002-96 O3.10.1 The request of Phyllis Giboney for a conditional use permit to for the construction of a 60 foot high tower with antennae to be used as a "Personal Communications Service" facility on property zoned M-2 located at 412 8th Street SW in Auburn. Motion by Councilmember Borden, second by Councilmember Singer to approve the Conditional use permit based upon the Hearing Examiner's Findings of Fact, Conclusions and Conditions, and to instruct the City Attorney to prepare the necessary Ordinance. Page15 City of Auburn Council Meeting Minutes October 7, '1996 MOTION CARRIED UNANIMOUSLY. 7-0. D. Application No. CUP0003-96 O3.10.1 The request of the King County Housing Authority for a conditional use permit to allow for a 1,032 square foot expansion of the Auburn Food Bank Ioca'~ed at 1720 I Street NE in Auburn on property zoned R-4. Councilmember Borden expressed her agreement with those who spoke earlier in favor of the King County Housing Authority's application to expand the Food Bank facilities. She also expressed her approval of the Hearing Examiner's condition to require the Food Bank representatives to meet with the Burndale Homes residents on a quarterly basis. Motion by Councilmember Borden, second by Councilmember Wagner to approve the conditional use permit based upon the Hearing Examiner's Findings of Fact, Conclusions and Conditions, and to instruct the City Attorney to prepare the necessary Ordinance. MOTION CARRIED UNANIMOUSLY. 7-0. E. Application No. PLT0001*94 03.5 The owners of the Riverwalk subdivision request final plat approval of an additional 24 lots located south of Howard Road and west of the Forest Ridge neighborhood. Motion by Councilmember Borden, second by Councilmember Singer to approve the Final Plat of Riverwalk, Division 2A, and to instruct the City Attorney to prepare the necessary Ordinance. MOTION CARRIED. 6-1. Councilmember Wagner voted no. Page 16 City of Auburn Council Meeting Minutes October 7. 1996 VII. ORDINANCES AND RESOLUTIONS A. O~inances 1. Ordinance No. 4912 03.4.3 An Ordinance of the City Council of the City of Auburn, Washington, relating to planning; adopting Comprehensive Plan text amendments to comply with the Central Puget Sound Growth Management Hearings Board decision in Case No. 95-3-0075C, pursuant to the provisions of R.C.W. Chapters 36.70A and 35A.63 of the laws of the State of Washington; designating these amendments as guidelines for exercising the City's authority under the Washington State Environmental Policy Act (SEPA); directing that this ordinance and Comprehensive Plan amendments it adopts and approved be filed with the Auburn City Clerk and be available for public inspection. See Item II.A.1 of these minutes for adoption of Ordinance No. 4912. 2. Ordinance No. 4913 O3.4.1.7, F5.4.3 An Ordinance of the City of Auburn, Washington, amending Ordinance No. 4845 which Ordinance approved the 1996- 1997 appropriation of Community Development Block Grant funds to reallocate unused funds. Motion by Counci!member Borden, second by Councilmember Wagner to adopt Ordinance No. 4913. MOTION CARRIED UNANIMOUSLY. 7-0. B. Resolutions There were no Resolutions for City Council consideration. Page17 City of Auburn Council Meeting Minutes October 7, 1996 VIII. MAYOR'S REPORT A. Special Council Meeting Mayor Booth confirmed that the Special Council meeting scheduled for Tuesday, October 8, 1996 will begin at 4:00 p.m. as originally scheduled. Councilmember Wagner cannot meet the 4:00 p.m. start time, but has recommended the City Council proceed with the 4:00 meeting time. B. Executive Session Mayor Booth recessed the regular meeting to executive session at 9:34 p.m. for approximately 40 minutes in order to discuss potential litigation and matters related to personnel and property negotiations. Mayor Booth indicated no action is anticipated as a result of the executive session. Mayor Booth rsconvened the regular meeting at 10:55 p.m. IX. ADJOURNMENT There being no further business to come before the City Council this evening, the meeting adjourned at 10:55 p.m, Charles A. Booth, Mayor Robin Wohlhueter, City Clerk 96 M 10-7. DOC Page 18