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HomeMy WebLinkAbout08-06-2001 CITY OF AUBURN COUNCIL MEETING MINUTES August 6, 2001 7:30 PM I. CALL TO ORDER A. Flag Salute Mayor Charles A. Booth called the meeting to order at 7:30 PM and led those in attendance in the Pledge of Allegiance. B. Roll Call Mayor Booth and the following Councilmember were present: Rich Wagner, Jeanne Barber, Trish Borden, Fred Poe, Sue Singer, Pete Lewis and Stacey Brothers. Staff members present included: City Attorney Michael J. Reynolds, Acting Finance Director Shelley Coleman, Personnel Director Brenda Heineman, Planning and Community Development Director Paul Krauss, Police Chief Jim Kelley, Principal Planner David Osaki, Economic Development Manager AI Hicks, Fire Chief Bob Johnson, Parks and Recreation Director Dick Deal, Associate Planner Bill Mandeville, Public Works Director Christine Engler, and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements a) Award of AmeriCorps Service Medallions Mayor Booth awarded Service Medallions to AmeriCorps Team members in recognition of their completion of the AmeriCorps Training Program. Associate Planner Bill Mandeville described team members' accomplishments and contributions to the community over the past year. Mayor Booth presented service medallions to: Brooklyn Alexander, Page City of Auburn Council Meetin.el Minutes August 6, 2001 Maira Castanon, Mohamed Mohamud, Karen Pabillon, Denise Pennington, Rebecca Ramirez, Doni Sadler, Jonathan Sadler, Jeanne Stover, Tabitha Stover, Fran Weddie, and Team Supervisor Don Lipinski. Mr. Mandeville introduced next year's Team Supervisor Sandy Burrows. Members of the Auburn AmeriCorps Team presented a commemorative poster to Mr. Bill Mandeville, their program director, in appreciation for his leadership and guidance. b) Certificate of Recognition Mayor Booth presented Melissa Anton with a certificate of recognition for her actions during a medical emergency that she encountered at the Fred Meyer parking lot. Mayor Booth thanked Ms. Anton and awarded her with the certificate for her courage and unselfish willingness to help a stranger in need. 2. Appointments A3.8 a) Planning Commission City Council to confirm the appointment of Renee Larson to fill the unexpired term of Dan Rollins which will expire December 31, 2001. Councilmember Wagner moved and Councilmember Barber seconded to confirm the appointment of Renee Larson to the Planning Commission. MOTION CARRIED UNANIMOUSLY. 7-0. b) White River Valley Historical Society Museum Board City Council to confirm the appointment of Raymond Jerry, Jr. to a term to expire December 31, 2003. Councilmember Wagner moved and Councilmember Singer seconded to confirm the appointment of Raymond Jerry, Jr. to the White River Valley Historical Society Museum Board. MOTION CARRIED UNANIMOUSLY. 7-0. Page 2 City of Auburn Council Meeting Minutes August 6, 2001 D. A.aenda Modifications Agenda modifications included the addition of Ordinance No. 5561 transmitted under Item VII.A.2 of these minutes, corrected text of Ordinance No. 5571 transmitted under VII.A.4 of these minutes, and corrected Exhibit "A" for Ordinance No. 5574 transmitted under Item VII.A.6 of these minutes. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Amendments to City of Auburn Consolidated Plan for Housing and Community Development and 2002 Community Development Block Grant (CDBG) Action Plan o3.4.1.7, F5.4.3 City Council invites public comments on amendments to the Citizen Participation Plan and Strategic Plan components of the City of Auburn Consolidated Plan for Housing and Community Development and the 2002 CDBG Action Plan, which proposes projects for the 2002 program year and allocation of entitlement funds for use by those projects. This public hearing was continued from the July 16, 2001 Council meeting. Planning and Community Development Director Krauss explained that the public hearing was continued from the July 16, 2001 Council meeting to allow a representative of the Low Income Housing Institute (LIHI) to be present and explain their proposal for renovating the J. C. Penney building. Sharon Lee, Executive Director of the Low Income Housing Institute (LIHI), 2407 First Avenue, Suite 200, Seattle, WA, 98121 Ms. Lee distributed handouts relating to LIHI's recent accomplishments and awards for mixed use (commercial/residential) renovation projects and information on their proposal to renovate the J. C. Penney building. LIHI is interested in redeveloping the J. C. Penney building, located on East Main Street, to include mixed retail with twenty-four affordable housing units. She expressed a willingness to work with the Auburn Downtown Association and Chamber of Commerce during redevelopment of the building. LIHI is exploring options for relocation of the Page 3 City of Auburn Council Meetira3 Minutes August 6, 2001 Auburn Downtown Association office, which is currently located in a portion of the building. Ms. Lee also distributed a portfolio of photographs of buildings owned and operated by LIHI. Ms. Lee referred to her handout which included the proposed rental rates and a list of occupations in Auburn whose incomes would qualify under LIHI's housing guidelines. Ms. Lee announced that King County has committed approximately $800,000 to the project. In addition, LIHI has received tax credits, which will help provide the needed capital for renovation of the J.C. building. Ms. Lee explained that the City of Auburn's proposed contribution of $130,000 in Community Development Block Grant (CDBG) capital funds is critical to meet the local match for the project. Mayor Booth opened the public hearing. Pat Cavanaugh, 26 East Main Street, Auburn, WA Mr. Cavanaugh spoke on behalf of Auburn Downtown Association and as a property in the downtown area. Mr. Cavanaugh referred to a letter from the Auburn Downtown Association distributed to the Councilmembers immediately prior to the meeting. The letter itemized the Downtown Association's concerns related to the City's proposed allocation of CDBG funds to LIHI and LIHI's proposal to renovate the J.C. Penhey building. The Auburn Downtown Association requested the City condition the funding allocation to ensure that only traditional retail would be located on the first floor of the building; limit the number of Section 8 housing units to six; require LIHI to provide assistance in relocating the Downtown Association office; provide additional windows on the B Street side of the building; provide an on-site manager; involve the Downtown Association in LIHI's formation of house rules, selection of the manager and tenants, eviction procedures, and building repair and maintenance polices; and require LIHI to contribute $1,500 in annual Business Improvement Area assessments. Sharon Lee, Executive Director of LIHI Ms. Lee responded to Mr. Cavanaugh and the points presented by the Auburn Downtown Association. Ms. Lee Page 4 City of Auburn Council Meetinq Minutes August 6, 2001 explained that it is LIHI's preference to have retail use on the first floor of the building, and it is LIHI's intent to work with the Downtown Association and the Small Business Enterprise Center to locate the appropriate retail businesses on the site. However, if it becomes impossible to locate a viable retail tenant, LIHI needs the ability to occupy the space With other compatible commercial tenants. Ms. Lee advised that it is LIHI's intent to target a total of six units for eligible disabled veterans and disabled seniors under Section 8 housing. However, as a matter of law, neither the City of Auburn nor LIHI can discriminate against tenants based on source of income. Ms. Lee expressed LIHI's commitment to the Downtown Association to meet their relocation needs. Mr. Lee advised that LIHI's architect would be working with City planning staff on the design of the building. LIHI is interested in providing additional windows on the B Street side of the building. Ms. Lee also advised that it is LIHI's plan to provide an on- site building manager. It is also LIHI's intent to allow the Downtown Association's involvement in the development of LIHI's Management Plan. Ms. Lee expressed a willingness to discuss LIHI's contribution to the Business Improvement Area. Ms. Lee agreed that in the event Main Street is closed during renovation of the building, appropriate signage indicating that Main Street businesses are open would be provided. Councilmember Borden noted there appears to be an effort to cooperate on the part of LIHI with the Downtown Association's requests. In response to questions from Councilmember Borden, Planning Director Krauss explained that block grant contracts come back to Council for review. Mr. Krauss expressed concern with some of the contract conditions requested by the Downtown Association; particularly their request to limit first floor tenants to traditional retail while City ordinance allows professional offices in commercial areas, rent subsidy for Class A office space for the Downtown Association, participation in tenant screening, and a contribution to the Business Improvement Area other than provided for by ordinance. Page 5 City of Auburn Council Meeting Minutes Au.Qust 6, 2001 Michelle Barbaro, 136 East Main Street, Auburn, WA Ms. Barbara identified herself as the owner of the Auburn Antique Mall located at 136 East Main Street and operator of the J. C. Penney catalog store. Ms. Barbaro spoke against LIHI's redevelopment of the J.C. Penney building. She stated the City of Auburn has an abundance of low income housing in downtown Auburn, and she described her experiences with low-income tenants. She also cited lack of parking in the downtown area. David Comstock, 257 East Main Street, Auburn, WA Mr. Comstock identified himself as the owner of Comstock's Book Store on East Main Street. He spoke in favor of restoration of the J.C. Penney building and believes the LIHI proposal can be a good project. Catherine Hansen, 217 N Street NE, Auburn, WA Ms. Hansen spoke against LIHI's project and additional low income housing for Auburn. Sharon Lee, LIHI Ms. Lee advised that the owner of the J. C. Penney building has agreed to sell the building to LIHI for $700,000. Lynn Norman, 10842 SE 326th Place, Auburn, WA Ms. Norman identified herself as a previous business owner on Main Street. She expressed concern with the LIHI's proposed project. She believes the project will not revitalize downtown and does not meet the spirit of the Downtown Plan. Pat Cavanaugh, 26 East Main Street, Auburn, WA Mr. Cavanaguh responded to comments made Planning Director Krauss regarding the Downtown Association's requested conditions. He clarified that the Auburn Downtown Association would be satisfied with equivalent office space as opposed to "Class A" office space for their relocation. He explained that the Downtown Association requests that LIHI voluntarily contribute to the "Friends of the Downtown Program" the difference in the Business Improvement Area assessment the building would attain as a retail store as opposed to housing units. Page 6 City of Auburn Council Meetinn Minutes Aullust 6, 2001 Councilmember Borden moved and Councilmember Singer seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Lewis expressed a desire to retain traditional retail on the main floor of the LIHI project. The definition of traditional retail would not include professional offices. Councilmember Poe inquired regarding the number of existing housing units in the downtown area located roughly within one block of downtown from Auburn Way on the east to the railroad tracks to the west. Planning Director Krauss was unable to provide an exact figure in response to Councilmember Poe's question, but noted approximately twenty-five units were lost earlier this year due to earthquake damage. Councilmember Borden moved and Councilmember Singer seconded to approve the Consolidated Plan amendments and 2002 Annual Action Plan with one exception to retain the public hearing before the full Council. Councilmember Singer pointed out that the J. C. Penney building has been inactive for several years and spoke in favor of moving forward with the LIHI project. Councilmember Poe expressed support for the funding recommendation of Human Services Committee. He stated that although he has reservations about additional low income housing, he supports the Human Services recommendation to fund the LIHI project. Councilmember Singer inquired regarding any parking requirements for the project. Planning Director Krauss reported that staff members are working with the architect on the parking issue. According to City Code, the existing building does not require additional parking as parking was already provided through its previous use and participation in the parking local improvement district. Councilmember Barber expressed concern with the Downtown Association's request to participate in the tenant selection process. Page 7 City of Auburn Council Meetinfi Minutes Au.~ust 6, 2001 MOTION CARRIED UNANIMOUSLY. 7-0. 2. Moratorium Extension 04.8 On February 20, 2001, the City Council adopted Ordinance No. 5518 establishing a six-month moratorium on the filing of building and grading permit applications in the drainage area bounded by SR 18 to the south, 15th Street NW to the north, Union Pacific Railroad to the east, and SR 167 to the west. This evening, the City Council will hear testimony on the proposed extension of the moratorium. City Attorney Reynolds presented the staff report regarding the proposed six-month extension of the moratorium on building and grading permits for the drainage area bordered by SR 18, 15th Street NW, the Union Pacific Railroad and SR 167. Staff members continue to study the factors affecting storm drainage problems and possible solutions. Mr. Reynolds explained that the SEPA process is not a viable alternative for addressing the storm drainage issue for proposed development, as there is not a readily available solution. Mr. Reynolds pointed out that an ordinance extending the moratorium appears later on the agenda for Council consideration. Public Works Director Engler presented the comprehensive drainage plan schedule to the Councilmembers. During August, the consultant is updating the existing hydraulic modeling, which will be followed by FEMA mapping. The plan calls for development of new alternatives for subbasins E and P in October 2001. Staff members hope to achieve either a combination of conditions for development and/or extension of the FEMA map. Mayor Booth opened the public hearing. Roger Campbell, 415 Western Avenue, Auburn, WA Mr. Campbell stated that his property is located within the moratorium area. He described his property as a holding pond for storm water and includes standing water under his home. He spoke against extending the moratorium as the moratorium stalls any potential sale of his property. He recommended dredging Mill Creek to alleviate the storm drainage problem. Page 8 City of Auburn Council Meetin.q Minutes August 6, 2001 Larry Backus, 308 Clay Street NW, Auburn, WA Mr. Backus is the owner of property located at 308 Clay Street NW. He spoke against extending the moratorium, as he would like to pursue the possible sale and/or development of his property. Councilmember Wagner moved and Councilmember Singer seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Poe recalled that he voted against the implementation of the moratorium in the beginning and indicated that he would vote against extending the moratorium. He suggested the City end the moratorium and proceed to determining which properties can be developed and those that cannot and construct a storm water retention pond for the area. Councilmember Wagner stated that according to the advice of counsel and planning staff, the City is unable to control development in the drainage area through the SEPA process. He recommended moving through Amendment 3 of the comprehensive drainage plan schedule, which is supposed to provide alternatives for the drainage problems B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Yvonne Ward, 5505 Kennedy Avenue SE, Auburn Ms. Ward identified herself as a resident and the owner of a law practice located in the city. Ms. Ward described her experience of applying for a conditional use permit to operate her business in a converted home. Ms. Ward expressed concern with the operation of the Planning Department and contended that the department lacks accountability to the citizens. She also stated that she has heard several complaints regarding Planning Department staff from friends, neighbors and other small business owners. She accused Planning Department staff of encouraging her neighbors to oppose her conditional use permit application. She also accused the Planning Department of stalling the issuance of her business registration. She urged the Council to change the Planning Page 9 City of Auburn Council Meetin_Q Minutes August 6, 2001 Department's perceived attitude as a powerful and enemy-like entity. City Attorney Reynolds advised the Council that Ms. Ward's accusations are under investigation by his office. Further investigation of Ms. Ward's claims has been delayed until specific names and additional information is provided by Ms. Ward. Larry Backus, 319 Clay Street NW, Auburn, WA Mr. Backus inquired regarding the amount of City-owned property within the drainage area affected by the moratorium established by Ordinance No. 5518. City Attorney Reynolds described the location of City-owned property within the drainage area. Public Works Director Christine Engler estimated the total acreage owned by the City is less than half of the area affected. Mr. Backus requested the City remove the moratorium as it penalizes a small group of property owners. Jeff Bowe, 23923 107th Place SE, Kent, WA Mr. Bowe is a member of the City of Auburn Lodging Tax Advisory Committee and is the Tourism Manager for the SuperMall of the Great Northwest. Mr. Bowe spoke in favor of the imposition of a lodging tax in the city of Auburn to assist in promoting tourism activities in the city. C. Correspondence 1. A letter dated August 6, 2001 from the Auburn Downtown Association regarding conditions to be in the LIHI Contingency Agreements on the granting of CDBG funds for the renovation of the J. C. Penney building was distributed to the Council during the meeting. III. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Chair Poe reported the Municipal Services Committee met this evening at 5:00. The Committee reviewed and recommended modification to three resolutions for ground leases at the Auburn Municipal Airport. The Committee also reviewed Resolution No. 3377 relating to funding for the transit station parking garage. The Committee received a report from police and fire departments regarding Fourth of July activities, discussed solid waste issues, and continued discussion of residential sprinkler requirements. The Page 10 City of Auburn Council MeetinQ Minutes Aunust 6, 2001 next regular meeting of the Municipal Services Committee is scheduled for August 20, 2001 at 5:00 PM. B. Planning & Community Development Chair Borden reported the Planning and Community Development Committee met July 23, 2001. The Committee discussed the General Fund human services grants and formulas for allocating human services funding each year. Chair Borden advised the Board recommended using one percent of the previous year's General Fund expenses as the amount allocated for human services funding. The Committee also discussed the AmeriCorps grant, funding for the transit station parking garage, contract change orders, and the proposed 2001 Comprehensive Plan amendments. The next regular meeting of the Planning and Community Development Committee is scheduled for August 13, 2001 at 6:30 PM. Vice Chair Singer noted there will be corrections to the minutes of the July 23, 2001 Planning and Community Development Committee meeting. C. Public Works Chair Wagner reported the Public Works Committee met July 23, 2001. The Committee discussed contract amendments related to the 3rd Street SW grade separation project, Ordinance No. 5559 related to downtown parking changes, amendments to agreements with other agencies, the Sanitary Sewer Comprehensive Plan, water resource protection, the Six Year Transportation Improvement Plan, and the Lakehaven Water Intertie Agreement. The next regular meeting of the Public Works Committee is scheduled for August 13, 2001 at 4:30 PM. D. Finance Chair Barber reported the Finance Committee met this evening at 6:30 PM. The Committee reviewed consent agenda items, Ordinance No. 5561 relating to a lodging tax, Ordinance No. 5571, Ordinance No. 5574, Ordinance No. 5566, and Resolution No. 3378. The next regular meeting of the Finance Committee is scheduled for August 20, 2001 at 6:30 PM. IV. CONSENT AGENDA A. Minutes 1. Minutes of the July 16, 2001 regular City Council meeting. Page 11 Citv of Auburn Couhcil Meeting Minutes Au_clust 6, 2001 B. Vouchers F4.9.2,F4.9.5 1. Claims Claims check numbers 302966 through 303582 in the amount of $1,894,889.69. 2. Payroll Payroll check numbers 263893 to 264111 in the amount of $332,058.47 and electronic deposit transmissions in the amount of $760,485.71 for a grand total of $1,092,544.18 for the pay period covering July 12, 2001 to July 31, 2001. C. Contract Administration 1. Public Works Project Number C0016 04.4.2.1 c0016 City Council to approve Contract Change Order No. 2 in the amount of $41,712.50 to Steele Corp., for Contract Number 00-16, Public Works Project Number C0016, Auburn Senior Center Renovation Project. 2. Public Works Project Number C9062 05.2 c9062 City Council to approve Contract Change Order No. 2 in the amount of in the amount of $9,448.09 to RMA Lighting for Contract No. 00-23, Public Works Project Number C9062, Brannan Park Improvements, Sport Field #1 Re-lighting. 3. Public Works Project Number C0005 04.7.9 c0005 City Council to approve Final Pay Estimate ~ in the amount of $16,311.45 to Skaar Construction, Inc. and accept construction of Project No. C0005, Contract No. 00-18, Street Waste Solids Handling and Decant Facility. 4. Professional Services Agreement with Harris & Associates A3.16.9 City Council to approve Amendment No. 4 to Agreement for Professional Services No. AG-C-78 with Harris & Associates for work related to PR 529, 3rd Street Grade Separation Project. Page 12 City of Auburn Council Meeting Minutes August 6, 2001 5. Professional Services Agreement with Earth Tech A3.16.9 City Council to approve Amendment No. 8 to Agreement for Professional Services No. AG-C-29 with Earth Tech for work related to PR529, 3rd Street Grade Separation Project. 6. Small Works Project Number C9055 04.6.3 c9055 City Council to award Small Works Contract Number 01-10, Project Number C9055, Sanitary Sewer Pump Station Corrosion Control, to Pacific Environmental Services Company on their low bid of $34,501.93 plus Washington State sales tax of $3,036.17 for a total contract price of $37,538.10. D. Surplus Property F4.6.1 1. Police Department City Council to authorize the surplus and disposal of the following described property: One (1) Ricoh FAXOOL fax machine Serial No. 41200877 City ID #0012100046 E. Purchase and Sale Agreement A3.13.4 City Council to authorize the Mayor to execute a Land Purchase and Sale Agreement for the acquisition of land for potential future fire station site. Councilmember Barber moved and Councilmember Wagner seconded to approve the consent agenda. MOTION CARRIED UNANIMOUSLY. 7-0. V. UNFINISHED BUSINESS There was no item under this section for Council consideration. Page 13 City of Auburn Council Meeting Minutes Au.aust 6, 2001 VI. NEW BUSINESS A. Application Number PLT01o0001 03.5 PLT01-0001 City Council to consider the request of Evergreen Tucci Partners for preliminary plat approval of 75 single-family lots and one multi- family lot located on the west side of Lakeland Hills Way in Pierce County. Councilmember Borden moved and Councilmember Singer seconded to approve the preliminary plat based on the Hearing Examiner's Findings of Fact, Conclusions and Conditions and to instruct the City Attorney to prepare the necessary Resolution. MOTION CARRIED UNANIMOUSLY. 7-0. VII. ORDINANCES AND RESOLUTIONS A. Ordinances 1. Ordinance No. 5559 O1.2 An Ordinance of the City Council of the City of Auburn, Washington, amending Auburn City Code Chapter 10.36, Section 290 entitled "Prohibited Parking Areas - Northeast Auburn," Section 300 entitled "Prohibited Parking Areas - Northwest Auburn," Section 310 entitled "Prohibited Parking Areas - Southeast Auburn," Section 320 entitled "Prohibited Parking Areas - Southwest Auburn," Section 370 entitled "Fifteen-Minute Parking Zones," Section 380 entitled "One- Hour Parking Zones," and Section 390 entitled "Two-Hour Parking Zones," for the purpose of ensuring consistency between city code and parking signage and to modify code or signage where necessary to more effectively address short- and long-term parking needs in the downtown area. Councilmember Wagner moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5559. In response to questions from Councilmember Wagner, Public Works Director Engler referred to a map of the parking areas around City Hall, which she distributed to members of the Council, She reported that the purpose of the ordinance is to accurately reflect the signage that exists Page 14 City of Auburn Council Meetin_Q Minutes Auqust 6, 2001 on the streets. The ordinance also eliminates one parking space at the corner 1st and A Street NW and one parking space east of City Hall adjacent to the municipal parking lot at 1st Street NE and Nodh Division. The elimination of the parking spaces is necessary to accommodate turning movements of trucks and busses and improve safety. Councilmember Brothers inquired whether a recommendation had been received from the Washington Cities Insurance Authority (WCIA) regarding the single parking stall on Auburn Avenue near Nelson's Jewelry. Public Works Director Engler reported that WCIA is working with a technical consultant to advise the City. To date, no response has been received from WCIA. Public Works Director Engler advised that Ordinance No. 5559 does not affect the existing parking space on Auburn Avenue near Nelson's Jewelry. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Ordinance No. 5561 F6.15 An Ordinance of the City Council of the City of Auburn, Washington, levying a special excise tax of one percent on the sale or charge made for the furnishing of lodging by any hotel, rooming house, tourist court, motel or trailer camp, and the granting of any similar license to use real property; establishing a special fund for the tax; and providing penalties for nonpayment of the tax or violation of the requirements of the tax. (Adoption of Ordinance No. 5561 occurred immediately following adoption of Ordinance No. 5576.) Councilmember Barber moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5561. In response to a question from Councilmember Wagner, Acting Finance Director Coleman explained that the City of Auburn is limited to assessing a one percent lodging tax because the convention center tax absorbs the remaining tax that can be assessed. MOTION CARRIED UNANIMOUSLY. 7-0. Page 15 City of Auburn Council Meetin.cl Minutes August 6, 2001 3. Ordinance No. 5566 A4.0 An Ordinance of the City Council of the City of Auburn, Washington, creating a Human Resources Department, setting forth the duties of the Director of Human Resources and establishing duties of the Human Resources Department. Councilmember Barber moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5566. Councilmember Wagner spoke in favor of Ordinance No. 5566, and asked whether career development should be included as part of the Human Resources Departmenrs duties. Personnel Director Heineman explained that career development is intended to be included as part of the duties described as establishing the work classifications. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Ordinance No. 5571 04.8 An Ordinance of the City Council of the City of Auburn, King County, Washington, extending the effective period of the moratorium established by Ordinance No. 5518 on the filing of building and grading permit applications in the drainage area bounded by SR-18 to the south, 15th St. NW to the north, Union Pacific Railroad to the east, SR-167 to the west as defined within this ordinance for a pedod of six months. Councilmember Wagner moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5571. MOTION CARRIED. 6-1. Councilmember Poe voted no. 5. Ordinance No. 5573 F5.2.18, O3.11.2 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the acceptance of a grant of One Hundred Ninety Thousand One Hundred twenty-three ($190,123) Dollars from the Washington Service Corps to provide and operate the Auburn AmeriCorps Team; provide an in-kind match of Sixty-three Thousand Seven Hundred two ($63,702) Dollars and a cash match of Seven Thousand Page16 City of Auburn Council Meetinn Minutes Au_qust 6, 2001 Five Hundred ($7,500) Dollars; and authorize the Mayor to implement the necessary administrative procedures. Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5573. MOTION CARRIED UNANIMOUSLY. 7-0. 6. Ordinance No. 5574 ol .8 An Ordinance of the City Council of the City of Auburn, Washington, amending City Code Title 9 entitled "Public Peace, Morals and Welfare," Chapter 9.01 entitled "Specific Criminal Statutes Adopted by Reference" to adopt by reference RCW 9A.76.080 entitled "Rendering Criminal Assistance in the Second Degree" and adopt by reference RCW 9A.76.090 entitled "Rendering Criminal Assistance in the Third Degree" as newly created Section 9.01.1600 and newly created Section 9.01.1610 respectively. Councilmember Poe moved and Councilmember Wagner seconded to introduce and adopt Ordinance No. 5574. Councilmember Poe explained that the ordinance will bring the City Code in conformance with state law. MOTION CARRIED UNANIMOUSLY. 7-0. 7. Ordinance No. 5576 F5.3 An Ordinance of the City Council of the City of Auburn, King County, Washington, approving acceptance of grant funds from the Seattle-King County Department of Public Health/Emergency Medical Services Division, in an amount not to exceed One Thousand Dollars ($1,000.00), and authorizing execution of contract No. D29285D approving the appropriation and expenditure of said grant funds. Councilmember Poe moved and Councilmember Wagner seconded to introduce and adopt Ordinance No. 5576. MOTION CARRIED UNANIMOUSLY. 7-0. Page 17 City of Auburn Council Meetinn Minutes August 6, 2001 B. Resolutions 1. Resolution No. 3364 A3.17 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a lease with Hangars Unlimited for a ground lease at the Auburn Municipal Airport. Councilmember Poe moved and Councilmember Singer seconded to adopt Resolution No. 3364 with the following amendment to paragraph 8 of the Agreement to identify the existing paragraph contained in paragraph 8 as subparagraph (a) and add the following text identified as paragraph 8(b): "Upon termination of the Lease, the City will determine if it wishes to lease the hangar under then-current terms and rates. If such rental is approved by the City, first right of refusal shall be offered to former condominium occupants in good standing. Requests should be made to the City in writing, six months prior to the termination of the Lease." MOTION CARRIED UNANIMOUSLY. 7-0. 2. Resolution No. 3365 A3.17 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a lease with C. G. Aviation for a ground lease at the Auburn Municipal Airport. Councilmember' Poe moved and Councilmember Wagner seconded to adopt Resolution No. 3365 with amendments to paragraph 2 to change the title of the paragraph to read "Term" and delete the last sentence of paragraph 2(a). MOTION CARRIED UNANIMOUSLY. 7-0. 3. Resolution No. 3374 o4.11 A Resolution of the City Council of the City of Auburn, Washington, repealing Resolution No. 3358 and the authorization therefor and approving this resolution No. 3374 Page 18 City of Auburn Council Meeting Minutes Auaust 6, 2001 authorizing the Mayor and City Clerk to execute an Emergency Water System Intertie Agreement between the City of Auburn and the City of Kent. Councilmember Wagner moved and Councilmember Lewis seconded to adopt Resolution No. 3374. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Resolution No. 3376 o4.11 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a First Amendment to the Interlocal Agreement between the City and the other participating jurisdictions within the Green/Duwamish Watershed Resource Inventory Area (WRIA 9) for the purpose of participating in the joint funding, development, review an approval of WRIA based watershed plans. Councilmember Borden moved and Councilmember Singer seconded to adopt Resolution No. 3376. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Resolution No. 3377 O3.3.11 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to increase the City's financial commitment to the construction of the transit station parking garage that includes the City's acquisition of retail space and 180 parking stalls and exterior architectural improvements by Two Hundred Eighty-three Thousand Six Hundred Ninety-six Dollars ($283,696.00). Councilmember Borden moved and Councilmember Singer seconded to adopt Resolution No. 3377. Councilmember Brothers inquired regarding the status of the leasing effort for the retail area of the parking garage. Planning and Community Development Director Krauss reported that the leasing agent will meet with City staff members tomorrow to discuss the progress. The leasing agent will attempt to commit one or two anchor tenants first. Page 19 City of Auburn Council Meetinn Minutes Aui3ust 6, 2001 MOTION CARRIED UNANIMOUSLY. 7-0. 6. Resolution No. 3378 A4.1.2 A Resolution of the City Council authorizing the City of Auburn to sponsor Water District #111's request for application to join the Association of Washington Cities (AWC) Employee Benefit Trust as a non-city entity. Councilmember Barber moved and Councilmember Lewis seconded to adopt Resolution No. 3378. MOTION CARRIED UNANIMOUSLY. 7-0. 7. Resolution No. 3379 A3.17, O4.4.9.1.3 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Lease Agreement with Aviation Sales L.L.C. for a ground lease at the Auburn Municipal Airport. Councilmember Poe moved and Councilmember Wagner seconded to adopt Resolution No. 3379 with the following modifications to the Agreement: Paragraph l(a), fourth line, change "7,200 square feet" to read "8,280 square feet." Paragraph 4(a), line 7, change the amount of the Monthly Base Rent of "$240 plus state lease hold tax" to read "$276.00 plus state leasehold tax". Paragraph 6, line 3, change the amount of "$240" to "$276". Change all other references to the Monthly Base Rent in the Agreement from "$240" to "$276". MOTION CARRIED UNANIMOUSLY. 7-0. VIII. MAYOR'S REPORT A. Executive Session Mayor Booth recessed the meeting to executive session at 9:45 PM for approximately thirty minutes in order to discuss the following Page 20 City of Auburn Council Meeting Minutes Auc~ust 6, 2001 items: potential acquisition of real estate, a disposition of sale of real estate, and potential litigation. Mayor Booth indicated no action would be taken following the executive session. Mayor Booth reconvened the meeting at 10:02 PM. IX. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 10:02 PM. APPROVED THE ~a DAY OF AUGUST, 2001. Charles A. Booth, Mayor Dan~elle Daskam, City Clerk Page 21