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HomeMy WebLinkAbout08-06-2007rv i, crTY of -, WASHINGTON I. CALL TO ORDER CITY COUNCIL MEETING MINUTES August 6, 2007 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, Roger Thordarson, and Lynn Norman. Staff members present included: Information Services Director Lorrie Rempher, Public Works Director Dennis Dowdy, Finance Director Shelley Coleman, Financial Planning Manager Karen Jester, Chief of Police Jim Kelly, Street Systems Engineer Seth Wickstrom, Interim Director of Planning, Building and Community David Osaki, Human Resources and Risk Management Director Brenda Heineman, Risk Manager Rob Roscoe, City Engineer Dennis Selle, City Attorney Daniel B. Heid, Traffic Engineer Laura Philpot, Parks, Arts and Recreation Director Daryl Faber, Economic Development Manager Dave Baron, Development Services Coordinator Steven Pitcher, and City Clerk Danielle Daskam. C. Announcements and Appointments 1. Announcements a) On-line Bill Payment Demonstration Financial Planner Manager Karen Jester presented a demonstration of the City's on-line bill payment program. Ms. Jester demonstrated various screens depicting consumption graphs, recent account activity, account history, and billing and service detail. Page 1 City of Auburn Council Meeting Minutes August 6, 2007 Ms. Jester reported that, after four days of being live fifty-six customers have signed up for the service 2. Appointments There were no appointments for Council consideration. D. Agenda Modifications Agenda modifications included the addition of the on-line bill payment demonstration under Item I.C.1, transmittal of fourteen photos as part of the record for Application No. CUP07-0001 under Item II.A.1, and a revised consultant agreement with Mithun Inc. under Item V.C.5 of these minutes. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Public Hearing on Extension of Moratorium 03.4.2.1.2 Resolution No. 4046, adopted June 19, 2006, and amended by Resolution Nos. 4067 and 4129, established a moratorium on the filing of any applications for licenses, permits and/or approvals for commercial and industrial land uses on certain properties zoned M1 (Light Industrial) and M2 (Heavy Industrial) along or near the east side of A Street SE corridor. On June 18, 2007, the Council adopted Resolution No. 4206 extending the moratorium an additional six months to the 19t" day of December 2007, unless repealed, extended or further modified by the City Council. RCW 35A.63.220 requires the Council to conduct a public hearing on this moratorium within sixty days from the effective date of the extension. Interim Director David Osaki reported that the public hearing this evening is for the purpose of taking testimony on the extension of the moratorium on acceptance of certain permit applications on certain properties located on the east side of A Street SE. The moratorium extension basically affects one property owner. Within the last week, that property owner submitted a Development Agreement Application, including the environmental review documents and applicable fees, which allows the City to begin to process the Development Agreement and conduct the environmental review. Once the environmental review is complete, staff can bring the Page 2 City of Auburn Council Meeting Minutes August 6, 2007 Development Agreement forward for Council consideration and action. The review process should be completed within the six month extension period. Mayor Lewis opened the public hearing at 7:38 p.m. No one requested to speak. Mayor Lewis closed the public hearing at 7:39 p.m. 2. Local Improvement District No. 350 F2.4.9 The City Council of the City of Auburn, pursuant to Resolution No. 4208, adopted July 2, 2007, has declared its intention to initiate the formation of Local Improvement District No. 350 (LID 350) to develop certain sidewalk improvements on M Street SE in Auburn. Street Systems Engineer Seth Wickstrom presented a PowerPoint presentation on the formation of LID 350. Mr. Wickstrom reported that an LID provides a means for property owners to fund an improvement that specifically benefits their properties. In an LID, the City manages the entire project including design and construction management, then collects the assessments at completion of the improvement. Mr. Wickstrom reviewed the assessment area. Letters were sent to affected property owners asking if they would be interested in forming an LID to construct curbs and gutters. Approximately 70% of the property owners responded. There appears to be sufficient support to form an LID on the west side only. The LID District is divided into two zones. Zone 1 includes properties that face M Street SE. Zone 2 includes either entire properties or portions of properties that do not front M Street SE, but generate a significant amount of pedestrian traffic so would benefit from having sidewalks. Mr. Wickstrom reviewed assessment calculations. Zone 1 properties are being charged approximately $32.72 per linear foot for properties fronting the improvement. Zone 2 properties are being charged approximately $.02 per square foot of property. There is also a special driveway assessment of $60.00 per width of driveway as they are more costly to construct. Page 3 City of Auburn Council Meeting Minutes August 6, 2007 Mr. Wickstrom stated that the LID process includes the following steps: ~ Formation of the LID district ~ Design and construction of the improvement ~ Final assessment confirmation Mr. Wickstrom explained that the public hearing is part of the formation process to provide an opportunity for the public to voice their support of or opposition to the district. If 60% or more of the property owners protest the LID, the LID cannot be formed. If less than 60% protest the LID, formation is at the discretion of the Council. Property owners may also submit written protest up to thirty days after the formation of an LID. Property owners participating in a Street Delay Agreement cannot legally be counted in the protest percentage since the agreements contain language that requires them to participate in LID 350. Design of the project will be completed in 2007 with construction beginning in early 2008. Once the project is completed, the final assessment role will reflect the actual project costs. Another public hearing will be held to provide property owners the opportunity to speak regarding the final assessment roll. Once the final assessment roll is approved by Council, property owners may pay the assessment within thirty days without accruing interest or have up to ten years to pay the assessment. In response to questions from Councilmember Wagner, Mr. Wickstrom indicated that Ordinance No. 6111 provides a cap on the total cost to the property owners. In the event costs are less than the preliminary assessment roll, the savings would be passed on to the property owners. The City will pay for any costs in excess of the estimated project budget. Finance Director Shelley Coleman reported that the project costs for LID 350 are approximately $177,777.00, including outside bond counsel and financing costs of approximately $46,379.00. As some of the assessments are rather small, staff anticipates that they will be prepaid within the thirty day period. In the event assessments are prepaid, they will be deducted from the total cost of the project. The City is contributing fifty per cent of the costs for the project. The Page 4 City of Auburn Council Meeting Minutes August 6. 2007 debt assessment will only pertain to the balance left after the thirty day period. At the request of Mayor Lewis, Councilmember Wagner explained that the City has not always contributed towards LID assessments. The process for sidewalk LID assessments has varied over the years. The City has sometimes contributed all or a portion of LID costs for some low income property owners. The City now guarantees the cost to the property owner and also contributes towards the LID costs. Councilmember Wagner inquired regarding the financing for LID 350. Director Coleman stated that the financing will consist of an interfund loan from the Capital Projects Fund. There are funds in the Capital Projects Fund that Council set aside a couple of years ago to be used as the City's contribution to encourage property owners to participate in LID's. In response to questions from Councilmember Peloza, Director Coleman explained that, when the final assessment role is determined, the interest rate on the LID assessment is set at the current rate of a ten-year treasury bond. Staff anticipates the interest rate will be approximately 5.5%. Councilmember Wagner stated that he is only aware of one other LID that set a guaranteed price. LID 350 is, by far, the most generous LID formed in the last fifty years in the City of Auburn. Mayor Lewis clarified that if the project costs go over the estimated amount of the LID, the City will pay the overage. If the project costs are under the estimated amount of the LID, the savings is passed on to the property owners. Councilmember Cerino reviewed the benefits of the improvements and the advantages of the payment plan offered in an LID. At 8:00, Mayor Lewis opened the public hearing. Vern O'Brien, 3007 M Street SE, Auburn Page 5 City of Auburn Council Meeting Minutes August 6.2007 Mr. O'Brien requested clarification of improvements to be installed under LID 350 and expressed concerns regarding landscaping that is currently installed on the affected properties. Mr. O'Brien expressed concerns regarding an oak tree in the LID area, which is approximately 100 years old. Mr. Wickstrom indicated that the project has not been designed yet, but will probably include the City standard of a 5 '/z foot landscape strip, 5 foot of sidewalk, and curbs and gutters. In response to questions from Councilmember Wagner regarding alternatives relating to old, established trees, Mr. Wickstrom indicated that it may be possible to route the sidewalk around any significant trees. Gretchen Steinle-Carlton, 3423 M Place SE, Auburn Ms. Steinle-Carlton noted that she has spoken to Mr. Wickstrom several times and stated that he has been very helpful in answering her questions. Ms. Steinle-Carlton inquired regarding installation of a speed bump near the crosswalk near Gildo Rey Elementary School. Mayor Lewis commented that the existing bump is a traffic calming accessory only. A speed bump would be too high to allow school bus traffic. Mayor Lewis indicated that the existing bump will be striped to define the area. Barb Tost, 1101 37th Street SE, Auburn Ms. Tost indicated that she is the president of her neighborhood Homeowners Association. Ms. Tost asked and received clarification regarding the total cost for each of the 32 units located in her complex . Virginia Haugen, 2503 R Street SE, Auburn Ms. Haugen spoke in favor of LID 350. At 8:08, Mayor Lewis closed the public hearing. B. Closed Record Hearings The following is a closed record hearing where comments are limited to the existing record established by the Hearing Examiner Page 6 City of Auburn Council Meeting Minutes August 6, 2007 and where no new evidence or information is allowed to be submitted. 1. Application Number CUP07-0001 03.10.1 CUP07-0001 The request of Kathryn Cruze for a Conditional Use Permit to add onto and convert an existing residence into professional office suites for a property located at 105 M Street NE within an R2 Single Family Residential Zone. Development Services Coordinator Steven Pilcher reviewed the public hearing process and request for reconsideration process which were held before the Hearing Examiner. Mr. Pilcher reported that the applicant's proposal is to convert an existing single family residence home into professional offices. The applicant proposes tearing down an accessory structures and adding onto the existing building. It is the applicant's intent to subdivide the structure into ten individual office spaces plus a central reception area. The project also includes construction of a nine stall parking lot on the west side of the building, which is located across the street from a small shopping center; a few churches are located within 500 feet of the applicant's property. One of the conditions imposed by the Hearing Examiner requires the applicant to obtain a parking agreement from a property owner within 500 feet of the site for nine additional off-street parking stalls. Councilmember Peloza referred to the agenda bill, page three, item nine, regarding fire hydrants. Mr. Pilcher advised that the applicant will be required to install a fire hydrant to meet City standards. Councilmember Cerino inquired whether a traffic study has ever been conducted on 1St Street NE. Mr. Pilcher advised that traffic counts are typically only performed on arterial streets, unless there is a special need. No traffic study has been conducted on 1St Street NE. Councilmember Wagner inquired regarding Finding of Fact No. 7 regarding construction of half street improvements. Mr. Pilcher advised that the applicant will be required to construct a sidewalk along the 1St Street NE frontage. Page 7 City of Auburn Council Meeting Minutes August 6, 2007 In response to a question from Councilmember Wagner regarding lot coverage, Mr. Pilcher advised that the zoning code allows for 35 percent lot coverage in the R2 zone. Lot coverage only pertains to buildings, not impervious surfaces. The applicant will be required to obtain a storm drainage permit due to the parking lot construction. Councilmember Norman inquired regarding the location of the entrance and exit for the property. Mr. Pilcher advised that access to the parking lot is on 1St Street NE. Kathryn Cruze spoke in support of her application. Ms. Cruze stated that she has been in business in Auburn for over twenty years and a resident of South King County for over fifty years. She spoke regarding the need for the type of professional office space that she proposes to construct. At the request of Mayor Lewis, City Attorney Heid explained the process for closed record hearings. Any testimony would need to conform to the existing evidence and statements before the Hearing Examiner. No new evidence and no new arguments may be made. Mayor Lewis opened the closed record hearing at 8:19 p.m. Henry Severson, 203 N Street NE, Auburn Mr. Severson presented the City Council with a packet of information consisting of the same information provided to the Council in their agenda packet, but in a different order. Mr. Severson outlined his objections to the issuance of the conditional use permit as follows: 1. The CUP would violate the intent of R2 zone 2. The impact of parking on adjacent R2 properties 3. The scope of the CUP was arbitrarily expanded to allow additional uses 4. The mitigation included in the Hearing Examiner's decision does not adequately address parking issues 5. Mr. Severson believes the photos he submitted at the Hearing Examiner hearing were not considered adequately by the Hearing Examiner Page 8 City of Auburn Council Meeting Minutes August 6, 2007 6. There were errors in considering the conditional use permit and the intent of R2 zone. The R2 zoning district does not allow a professional office "complex." Mr. Severson stated that the City Council would be setting a dangerous precedent by allowing a conditional use permit for the office complex in the R2 zone. He suggested the proper method would be to rezone the property to Residential/Office rather than permitting a conditional use permit. Burt King, 104 L Street NE, Auburn Mr. King stated that he testified at the Hearing Examiner hearing on the proposed conditional use permit. He spoke regarding the encroachment of office uses in his neighborhood and the impact on his property. He expressed opposition to conversion of residential uses to business offices. Henry Severson, who spoke earlier, objected to the amount of time given to him to make his comments. He stated the time allotted was inadequate to make his case. Mayor Lewis closed the hearing at 8:30 p.m. C. 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. Virginia Haugen, 2503 R Street SE, Auburn Ms. Haugen complimented the City on the activities held at Les Gove Park. D. Correspondence There was no correspondence for City Council review. III. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Chair Cerino reported the Municipal Services Committee met this evening at 5:00. The Committee approved consent items, Ordinance No. 6109 relating to photo enforcement fines, Ordinance No. 6110 regarding tow truck businesses, Resolution No. 4218 Page 9 City of Auburn Council Meeting Minutes August 6, 2007 accepting grant funds for taxiway improvements at the Auburn Municipal Airport, Resolution No. 4220 authorizing the negotiation of an agreement with JLO Washington Enterprises, Inc. for the development of the City Hall Annex, and Resolution No. 4216 declaring certain property as blighted property. The Committee also reviewed Resolution No. 4222 and discussed parking for the Truitt Building and a wetland mitigation contract. The next regular meeting of the Municipal Services Committee is scheduled for August 20, 2007 at 5:00 p.m. B. Planning & Community Development Chair Norman reported the Planning and Community Development Committee met July 23, 2007. The Committee discussed public art funding options, temporary use permits as they relate to non-profit agencies, the A Street SE corridor, traffic calming devices, the International Property Maintenance Code, the neighborhood grant application process, an update on wayfinding, and the upcoming joint meeting with the Planning Commission. The next regular meeting of the Planning and Community Development Committee is scheduled for August 13, 2007 at 5:00 p.m. C. Public Works Chair Wagner reported the Public Works Committee met July 23, 2007. The Committee approved the renewal aright-of-way use permit for a monitoring well, a consultant agreement with Tetra Tech to study the best option for improving flow and fish passage along Mill Creek, a consultant agreement with Gray and Osborne for work related to the 2007 Local Storm Drainage Improvements, initiation of Project No. CP0732 for 2007 Sewer/Storm Manhole Ring and Cover Replacement, permission to advertise for bids for Project CP0731 2007 Sewer Repair and Replacement, rejection of bids for Small Works Project No. C523A 2006 Storm Pond Improvements, aright-of-way use permit for Auburn Good OI' Days, and a water leak adjustment. The Committee also discussed the cable franchise renewal process, the photo enforcement year-end report, 21St Street SE pedestrian safety options, the Six Year Transportation Improvement Program, Verdana sewer issues, storm pond retrofits, and storm improvements related to the Auburn Environmental Park. The next regular meeting of the Public Works Committee is scheduled for August 13, 2007 at 2:30 p.m. D. Finance Chair Backus reported the Finance Committee met this evening at 6:30. The Committee approved consent items consisting of claims Page 10 City of Auburn Council Meeting Minutes August 6, 2007 and payroll vouchers and a water utility adjustment. The Committee also approved Resolution No. 4222 relating to City indexes and discussed a consultant agreement with Mithun, Inc., Ordinance No. 6111 regarding LID 350, Resolution No. 4216 regarding blighted property, Resolution No. 4218 accepting a grant for improvements to an airport taxiway, Resolution No. 4223 expressing support for the Regional Transportation Investment District "Roads and Transit Plan", and Resolution No. 4220 authorizing the Mayor to enter into an Exclusive Negotiating Agreement with JLO Washington Enterprises, Inc. for the development of a City Hall Annex. The next regular meeting of the Finance Committee is scheduled for August 6, 2007 at 6:30 p.m. Mayor Lewis commended the Council Committees for their dedication and commitment. Mayor Lewis thanked the Committee Chairs for their leadership. Additionally, Mayor Lewis thanked Mayor Pro Tem Singer for her work as President of the Puget Sound Regional Council, Councilmember Thordarson for his work on regional transit, and Councilmember Peloza for his work on regional solid waste issues and the Water Resource Inventory Area. IV. REPORTS At this time Councilmembers and the Mayor may report on items not specifically described on the agenda, which are of interest to the community. A. From the Council Mayor Pro Tem Singer reported on her attendance at the Valley Kiwanis meeting, a Sister Cities meeting and annual dinner, the Puget Sound Regional Council meeting and the Regional Growth Strategies meeting, and the July 30th Committee of the Whole meeting. Councilmember Backus reported on her opportunity to judge the preliminary and final performances for the Auburn Idol competition. Councilmember Backus thanked Recreation Special Program/Marketing Supervisor Julie Brewer and Special Events Coordinator Kristy Pachciarz for their excellent work in planning park events. Councilmember Backus also reported on the joint meeting of the Planning and Community Development Committee and Planning Commission. Page 11 City of Auburn Council Meeting Minutes August 6, 2007 Councilmember Norman reported that she arranged a visit to City Hall for a group of visiting Bangladesh students who were on a leadership visit to Green River Community College. Councilmember Norman also reported on the joint meeting of the Planning and Community Development Committee and Planning Commission, the voter registration of residents at Wesley Homes, and attendance at the Auburn Idol finals at Les Gove Park. Councilmember Cerino reported that he and Councilmember Thordarson attended The Boeing Company rally in support of the KC 767 contract at the Everett plant. Councilmember Thordarson reported on his attendance at the King County Flood Control Zone District meeting, the Auburn Idol contest, the annual Lakeland Hills picnic, Bon Odori at the White River Buddhist Temple, and The Boeing Company rally in support of the 767 tanker contract. Councilmember Peloza reported on his participation at the Rio Verde Kiwanis Club meeting, the Water Resource Inventory Area (WRIA) 9 meeting, the Regional Water Quality meeting, the Metropolitan Pollution Advisory Committee, and the Wesley Homes dedication. B. From the Mayor Mayor Lewis commented on the number of calls and contacts he received from the public over the last week. Mayor Lewis also reported that he was pleased to welcome visiting students from Japan and Bangladesh. 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 July 16, 2007 regular City Council meeting. 2. Minutes of the July 11, 2007 special City Council meeting. B. Vouchers F4.9.2, F4.9.5 Page 12 City of Auburn Council Meeting Minutes August 6, 2007 1. Claims Claims check numbers 364852 through 364857 in the amount of $1,794,451.98 and dated August 6, 2007. 2. Payroll Payroll check numbers 520342 to 520480 in the amount of $303,430.70 and check number 520511 in the amount of $580.00 and electronic deposit transmissions in the amount of $1,032,468.03 for a grand total of $1,366,478.73 for the pay period covering July 12, 2007 to July 25, 2007. C. Contract Administration ~. Consultant Agreement Number AG-C-299 A3.16.9 City Council grant permission to enter into Consultant Agreement No. AG-C-299 with KCM, Inc., dba Tetra Tech, for the purpose of studying the best option in improving flow and fish passage along Mill Creek where it intersects 15th Street NW. 2. Public Works Project Number CP0731 04.6.3 CP0731 City Council grant permission to advertise for bids for Project No. CP0731, 2007 Sewer Repair and Replacement Project. Public Works Project Number C523A 04.8.1 PR C523A City Council reject all bids for Contract 06-10, Project No. C523A, 2006 Storm Pond Improvements. 4. Consultant Agreement Number AG-C-300 A3.16.9, 04.8.1 CP0743 City Council grant permission to enter into Consultant Agreement No. AG-C-300 with Gray & Osborne, Inc., for design and construction management services for Small Works Project No. CP0743, 2007 Local Storm Drainage Improvements. 5. Agreement for Consulting Services A3.16.11 City Council grant permission to enter into an Agreement for Consulting Services with Mithun, Inc. D. Call for Public Hearing Page 13 City of Auburn Council Meeting Minutes August 6, 2007 1. Local Law Enforcement Block Grant F5.4.1 City Council to call for a public hearing to be held on August 20, 2007 to receive public comment on a United States Department of Justice Local Law Enforcement Block Grant. E. Water Utility Adjustment F4.5.2 City Council approve an additional water utility adjustment to account number 14052, for Nancy Christman, in the amount of $474.35. Councilmember Singer moved and Councilmember Wagner seconded to approve the Consent Agenda. MOTION CARRIED UNANIMOUSLY. 7-0. VI. UNFINISHED BUSINESS There was no unfinished business. VII. NEW BUSINESS There was no new business. VIII. ORDINANCES AND RESOLUTIONS A. Ordinances 1. Ordinance No. 6108 03.10.1 CUP07-0001 An Ordinance of the City Council of the City of Auburn, Washington, approving a Conditional Use Permit to convert an existing single family residence into professional office suites for a property located at 105 M Street NE within an R2 Singe Family Residential zone Councilmember Norman moved and Councilmember Backus seconded to introduce and adopt Ordinance No. 6108. In response to comments from Councilmember Wagner, Interim Planning Director Osaki stated that under the current zoning code, professional offices are listed as a discreet use. Within the definition of professional offices, is a broad Page 14 City of Auburn Council Meeting Minutes August 6, 2007 range of professional office types. However, the Council has the ability under the conditional use permit to narrow the uses that Council finds appropriate for the site. Councilmember Backus expressed concern with parking related to the conditional use permit. She inquired regarding the off site parking agreement required as a condition of the conditional use permit. Development Services Coordinator Pilcher stated that the parking agreement would go on in perpetuity. The applicant would need to pursue opportunities for additional parking. There was a brief discussion regarding modifying the condition for an off site parking agreement to provide more specific parameters Councilmember Norman expressed concern regarding adequate parking in the area. Councilmember Cerino commented for the benefit of Mr. Severson that although his comments were limited during the closed record hearing, the Council had received and studied the conditional use permit record including Mr. Severson's appeal. Councilmember Cerino stated that he has never seen many cars parked on the street in the vicinity of the proposed conditional use permit. In response to a question from Councilmember Peloza, Development Services Coordinator Pilcher stated that under the zoning code, the City cannot regulate based on "intent" statements. Additionally, Mr. Pilcher advised that no parking study was required of the applicant or the City. In response to a question from Councilmember Wagner, Mr. Pilcher advised that the proposed use would be a permitted use under the R/O zone and the existing off-street parking would be sufficient to meet minimum code standards. Therefore, the requirement for additional off site parking would not apply if the property were rezoned to R/O. Councilmember Wagner spoke in favor of restricting the use to the kind of mental health practice that Ms. Cruze proposes, where the visits are one on one and not more than 20 hours per week per tenant. He suggested providing Page 15 City of Auburn Council Meeting Minutes Auaust 6, 2007 a condition that would require Council approval for any change of use. Councilmember Wagner stated that it appears that there is ample parking in the area. Councilmember Wagner moved to amend the ordinance to provide an additional condition limiting the use of the professional offices consistent with that which was described by the Applicant. Any change in the professional office use not in substantial conformity with the type of office use described by the Applicant shall require the Applicant or successor to submit the change to the City Council for review of the conditional use permit and a determination by the City Council as to whether the conditional use permit shall be continued or terminated. Councilmember Cerino seconded the motion. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Singer expressed concern regarding the encroachment of the office use into the surrounding neighborhood. Councilmember Wagner commented on the theory behind the Residential/Office Zone and how the low-impact office use would protect neighborhoods from commercial development. Councilmember Norman stated that the proposed project is a larger project than anticipated fora Residential/Office Zone and is more intrusive than other residential/office uses already in place. Councilmember Backus referred to the aerial photo of the neighborhood in the record. She noted the parking on the south side of 1St Street NE and noted the access that delivery trucks would be using to serve other businesses in the area. THE MOTION, AS AMENDED, CARRIED. 4-3. Councilmembers Backus, Norman, and Singer voted no. Page 16 Citv of Auburn Council Meeting Minutes August 6.2007 2. Ordinance No. 6109 04.10, F4.3 An Ordinance of the City Council of the City of Auburn, Washington, amending Section 10.42.060 of the Auburn City Code relating to automated traffic enforcement penalties Councilmember Cerino moved and Councilmember Peloza seconded to introduce and adopt Ordinance No. 6109. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Ordinance No. 6110 07.1 An Ordinance of the City Council of the City of Auburn, Washington, amending Section 5.20.240 of the Auburn City Code relating to tow truck businesses Councilmember Cerino moved and Councilmember Peloza seconded to introduce and adopt Ordinance No. 6110. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Ordinance No. 6111 F2.4.9 An Ordinance of the City of Auburn, Washington, ordering the improvement of sidewalks, curb/gutters, driveways, wheelchair access ramps, and landscape strips all in accordance with Resolution No. 4208 of the City Council, establishing Local Improvement District No. 350 and ordering the carrying out of the proposed improvement, providing that payment for the improvement be made in part by special assessments upon the property in the district, payable by the mode of "Payment by Bonds"; and providing. for short-term financing and Local Improvement District Bonds Councilmember Wagner moved and Councilmember Thordarson seconded to introduce and adopt Ordinance No. 6111. MOTION CARRIED UNANIMOUSLY. 7-0. Page 17 City of Auburn Council Meeting Minutes August 6, 2007 B. Resolutions 1. Resolution No. 4216 06.2 A Resolution of the City Council of the City of Auburn, Washington, declaring certain property a blighted property and declaring the intent to condemn said property pursuant to RCW 35.80A Councilmember Cerino moved and Councilmember Peloza seconded to adopt Resolution No. 4216. MOTION CARRIED UNANIMOUSLY. 7-0. 2. Resolution No. 4218 F5.4.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Auburn City Council to accept grant funds in the amount of Three Hundred Thousand Six Dollars ($300,006) from the U.S. Department of Transportation Federal Aviation Administration, to fund a parallel taxiway, including design and environmental (Phase 1), and authorizing the execution of the grant agreement therefor Councilmember Backus moved and Councilmember Thordarson seconded to adopt Resolution No. 4218. MOTION CARRIED UNANIMOUSLY. 7-0. 3. Resolution No. 4220 0.4.18 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to enter into an .Exclusive Negotiating Agreement with JLO Washington Enterprises, Inc. for the development of a City Hall Annex Councilmember Norman moved and Councilmember Backus seconded to adopt Resolution No. 4220. MOTION CARRIED UNANIMOUSLY. 7-0. 4. Resolution No. 4221 03.1 Page 18 City of Auburn Council Meeting Minutes August 6, 2007 A Resolution of the City Council of the City of Auburn, Washington, stating the City Council's support for the annexation propositions for the Lea Hill Annexation and the West Hill Annexation into the City of Auburn which propositions are on the August 21, 2007 ballot for the Voter's residing in the annexation areas Councilmember Norman moved and Councilmember Backus seconded to adopt Resolution No. 4221. Councilmember Singer encouraged voters to visit the City's web site for factual information regarding the proposed annexations. Mayor Lewis opened the meeting for comments from anyone in the audience in opposition to the resolution. No one in the audience requested to speak regarding the resolution. MOTION CARRIED UNANIMOUSLY. 7-0. 5. Resolution No. 4222 A3.4, A2.4 A Resolution of the City Council of the City of Auburn, Washington, adopting a formal position and declaring the maintenance of an all-inclusive index of every public record to be unduly burdensome, as required by RCW 42.56.070 Councilmember Backus moved and Councilmember Thordarson seconded to adopt Resolution No. 4222. MOTION CARRIED UNANIMOUSLY. 7-0. At 9:36 p.m., Mayor Lewis recessed the meeting for a five minute intermission and then to executive session and closed session for approximately thirty minutes in order to discuss potential/pending litigation pursuant to RCW 42.30.100(1)(1) and for an update on labor negotiations pursuant to RCW 42.30.140(4). At 10:07 Mayor Lewis reconvened the meeting. IX. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 10:07 p.m. Page 19 City of Auburn Council Meeting Minutes August 6, 2007 APPROVED THE ~ DAY OF AUGUST 2007. c_ =-Y--`` Peter B. Lewis, Mayor ,` ~, ~~ Danielle Daskam, City Clerk City Council agendas and minutes are available to the public at the City Clerk's Office, on the City website, and via a-mail. Complete agenda packets are available for review at the City Clerk's Office and at the Library. Internet: http://www.auburnwa.gov Page 20