HomeMy WebLinkAbout07-16-2012 * City Council Meeting
A- NJuly 16, 2012 - 7:30 PM
Auburn City Hall
WASHINGTON; MINUTES
I. CALL TO ORDER
A. Flag Salute
Mayor Lewis called the meeting to order and led those in attendance in the Pledge
of Allegiance.
B. Roll Call
Councilmembers present: Rich Wagner, Nancy Backus, Bill Peloza, John
Partridge, Largo Wales, Wayne Osborne and John Holman.
Department directors and staff members present: Parks, Arts and Recreation
Director Daryl Faber, City Attorney Daniel B. Heid, Planning and Development
Director Kevin Snyder, Public Works Director Dennis Dowdy, Police Chief Bob
Lee, Human Resources and Risk Management Director Brenda Heineman,
Finance Director Shelley Coleman, Economic Development Manager Doug Lein,
Municipal Court Judge Patrick Burns, and Deputy City Clerk Shawn Campbell.
C Announcements, Appointments, and Presentations
There were no announcements, appointments or presentations.
D Agenda Modifications
Agenda modifications included the removal of the property damage settlement
from GEICO from the consent agenda and the addition of Public Works Project
No. MS1110 and Public Works Project No. CP1210 to the consent agenda.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing was scheduled for this evening.
B. Audience Participation
This is the place on the agenda when: 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 WA
Ms. Haugen thanked the City for the City sponsored events.
Mayor Lewis recessed the meeting at 1:32 p.m. until Ms. Haugen returned the
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microphone to the holder Mayor Lewis reconvened the meeting at 1:33 p.m.
Robert Hamilton, PO Box 49, Buckley WA
Mr Hamilton stated the County court plan would result in an additional cost of
$255,000 per year and a reduction of 18 -21 employees. He requested the
Council give the citizens all the additional facts and postpone the vote on the court
for two weeks.
Janet Chance, S 284th Place, Auburn
Ms. Chance stated she had worked for two jurisdictions that had contracted the
court services to their county She said both jurisdictions decided outsourcing the
court services was a disservice to their city and the citizens. She urged the City to
retain the current system.
Kim Hunter, SE 284th Avenue, Auburn
Ms. Hunter stated the City cannot put.a price on safety She complimented the
court staff. She noted the City's probation department has not had a claim filed
against it. She encouraged the Council to retain the Auburn Municipal Court.
Dr Katherine Hunter, SE 284th Street, Auburn
Ms. Hunter stated she feels the community spirit with the City of Auburn. She
stated she has had patients with drug and alcohol problems receive help through
the Auburn Municipal Court. Dr Hunter urged the Council to keep the current
configuration for the Auburn Municipal Court.
Mark Selberling, K Street SE, Auburn
Mr Selberling questioned the elimination of current court system. He said the
proposed savings is not worth the loss. He urged the Council to retain the Auburn
Municipal Court.
Tom Campbell, Hi-Crest Drive, Auburn
Mr Campbell thanked Council for their time. He said this is a matter of values. He
encouraged the Council to retain the current court configuration. He questioned
the long-term control the City will have over the court if the court is outsourced to
King County
Daniel Constantine, SE 326th Street, Auburn
Revered Constantine stated he is on probation currently with the Auburn Municipal
Court. He said if the probation department were to be dissolved, he would be
required to serve the remainder of his sentence in jail. He requested the City retain
the current court system.
Mike Weekly, 11th Street SE, Auburn
Mr Weekly said the City will lose local control of the courts if they contract with
King County He encouraged the Council to retain the Auburn Municipal Court.
Constance Newcomb, I Street NE, Auburn
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Ms. Newcomb has worked with high=risk youth for the past 40 years. She stated
by making the offenders accountable the youths have a higher success rate than
in other jurisdictions. She requested the Council retain the Auburn Municipal
Court.
Dawn Sarapina, 10th Street SE No. 4, Auburn
Ms. Sarapina stated she is a domestic violence treatment provider She said the
Auburn Municipal Court coordinates with the treatment providers extensively,
where King County District Court does not. She requested the Council retain the
Auburn Municipal Court.
Matt Rusnak, M Street NE, Auburn
Mr Rusnak stated he is the current Public Defender for the City of Auburn. He
said one of the earmarks for a well-governed city is a court system with an elected
presiding judge. He questioned the decisions of using the King County District
court. He requested the Council share additional reasons for outsourcing the court
to King County and to put the matter to a vote before the citizens of Auburn.
Judge Corinna Harn, 401 5th Avenue, Seattle
Judge Harn stated she is the Chief Presiding Judge for King County District Court.
She thanked City officials and staff for the diligence they have put into the
process. She stated the King County Court systems' focus is on public safety,
fairness and access to justice.
Audie Velez, 33rd Street SE, Auburn
Mr Velez stated he has been robbed twice. He shared his concern regarding King
County staff not having a connection with the city they are serving. He urged the
City to keep the Auburn Municipal Court.
April Starting, 52nd Avenue NE, Tacoma
Ms. Sterling stated she had been on probation in King County for five years and
during that time she continued to commit crimes. She added when she was
required to go to drug and alcohol treatment.she was able to remain clean and
sober and no longer commits crimes. She urged the Council to keep the current
system to help the people of Auburn.
Teresa Daniels, Tacoma Point Drive E, Lake Tapps
Ms. Daniels said she understands budget constraints and would like to understand
all the reasons the City is considering contracting the court services with King
County She requested the Council look at other options before finalizing the King
County district court contracts.
Tara Stirling, Transitional Housing. Auburn
Ms. Stirling stated the Auburn Municipal Court has helped her get into a recovery
program. She urged the City to keep the Auburn Municipal Court.
John Tones, Elizabeth Ave SE, Auburn
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Mr Torres requested the City put outside counsel out to bid. He believes this
would save the City money He added that offloading the court is bad government
and bad policy He urged the Council to keep the Auburn Municipal Court.
Deanna Shoemaker, I Street NE, Auburn
Ms. Shoemaker said Judge Bums was the only Judge who held her accountable.
She questioned the financial priorities of the City She urged the Council to keep
the current structure of Auburn Municipal Court.
Diane Carlson, 401 5th Avenue, Seattle
King County Executive Office Director of Regional Initiatives Carlson thanked the
Council for the opportunity to speak. She said the City has reviewed all materials
very thoroughly and has been very transparent. She said one key priority for the
County is to build and expand lasting regional partnerships. She said the Auburn
citizens and King County residents would have the opportunity to have expanded
court services in Auburn if the City joins the district court.
Greg Bockh, SW 348th Place, Auburn
Mr Bockh is an employee of the Auburn Municipal Court He said he does not
understand the proposed change. He stated the crime rate in the City has dropped
at almost twice the rate of that statewide. He encouraged the Council to consider
other options besides outsourcing the Auburn Municipal Court.
Karen Parker, E ST SE, Auburn
Ms. Parker is a drug and alcohol treatment provider in the city of Auburn. She is
unclear as to why the Council is considering this proposal. She asked for
additional information and urged the Council to keep the Auburn Municipal Court.
Angela Caron, SE 267th Place, Covington
Ms. Caron said she is an employee of the Auburn Municipal Court. She-said there
are hidden costs to the citizens of Auburn in the proposed change such as loss of
revenue to the City and loss of safety for the citizens. She requested the City
consider other options before outsourcing the Auburn Municipal Court.
Jeannine Tompkins, I Street NE, Auburn
Ms. Tompkins said she is a parent of a person who is currently on probation with
the Auburn Municipal Court. She said the court has kept her child accountable and
she appreciates the accessibility of the court staff and resources.
Frank Lonergan, 3rd Street SE, Auburn
Mr Lonergan said the Councilmembers who were recently elected ran on the
promise that they would provide for the citizens. He questioned the Council's
reasoning for considering King County District Court with the results the City has
had in previous dealings with King County
Charles Brank,16th Street, Sumner
Mr Brank is a coordinator for an intervention program. He said he works with
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several courts in the area. He stated the Auburn Municipal Court does the best
job. He encouraged the Council to keep the Auburn Municipal Court.
Judge Patrick Burns; Auburn
Judge Bums stated the Auburn Municipal Court is a full service court. He stated
the proposal provided by King County is for partial services. He said his staff could
provide the limited services for less money if that is the direction the Council
wished to proceed. He added the City has very little liability related to the
probation department. He requested to opportunity to sit down and reach an
agreement between the City and the Court.
C Correspondence
There was no correspondence for Council review
III. COUNCIL COMMITTEE REPORTS
A. Municipal Services
Chair Peloza reported the Municipal Services Committee meet on July 9, 2012.
The Committee considered Resolution No. 4833 approving an interlocal
agreement with King County for court services, Resolution No. 4834 leasing the
court facilities to King County, Ordinance No. 6416 regarding collective gardens,
Ordinance No. 6417 repealing the section of the Auburn Municipal Code regarding
the municipal court. The committee also had presentations on the project status of
the Auburn Valley Humane Society and towing services. The next regular meeting
of the Municipal Services Committee is scheduled for July 23, 2012 at 3:30 p.m.
B. Planning & Community Development
Chair Backus reported the Planning and Community Development Committee
meet on July 9, 2012. The Committee received a presentation on Downtown
parking. She said during certain times of the day it is perceived the City needs
additional parking in the downtown area. The Committee also reviewed Resolution
No. 4831 setting a public hearing for the 2012-2017 Transportation Improvement
Plan, Ordinance No. 6408 related to architectural and site design standards,
Resolution No. 4832 adopting the 2012-2017 Transportation Improvement Plan,
Resolution No. 4836 approving a property exchange for the Auburn Environmental
Park, Ordinance No. 6416 regarding collective gardens, Ordinance No. 6419
concerning zoning amendments relating to land adjustments and divisions,
Ordinance No. 6420 relating to school impact fees, and Ordinance No. 6414
relating to the installation of City-owned conduit. She stated during the directors
report Director Snyder announced Building Official Rick Hopkins has resigned and
has taken a position with Piece County She noted the sculpture garden request
for bids has been published. The next regular meeting of the Planning and
Community Development Committee is scheduled for July 23, 2012 at 5:00 p.m.
C Public Works
Chair Wagner reported the Public Works Committee met this afternoon at 3:30.
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The committee approved two items for Council consideration: Public Works
Project No. CP1108 rejecting all bids on the storm pond cleaning and Public
Works Project No. 1006 final pay estimate of the Lakeland Hill Reservoir 6. He
said the Committee considered Resolution No. 4840 relating to the removal of the
flood control barriers, Resolution No. 4837 modifying the Community Center art
project, Ordinance No's.6418, 6419, 6420 relating to planning, Ordinance No.
6414 relating to the installation of City-owned conduit, Resolution No. 4835
relating to financing for the Community Center, Resolution No. 4836 relating to the
Auburn Erivirohmental Park phase two property transfers. He said the Committee
also discussed the 2012 arterial crack seal project and received an update on the
M Street improvements. The next regular meeting of the Public Works Committee
is August 6, 2012 at 3:30 p.m.
D Finance
Chair Partridge reported the Finance Committee met his evening at 5:30. The
Committee reviewed claims vouchers in the amount of$3.4 million and payroll
vouchers in the amount of$2.1 million. The committee requested additional
information from risk management regarding a property damage release. The
Committee reviewed the May 2012 financial report, Ordinance No. 6417,
Resolution No's. 4833 and 4834 relating to the Auburn Municipal Court
and Resolution No. 4840 relating to the removal of the flood control barriers. The
next regular meeting of the Finance Committee is scheduled for August 6, 2012 at
5:30 p.m.
E. Les Gove Community Campus
Chair Wagner reported the Les Gove Community Campus Committee met on July
11, 2012. The Committee discussed Resolution No. 4837 regarding a public art
contract with Virginia Paqeutte and Resolution No. 4835 regarding a non-proft
facilitator services contract with the National Development Council for the
Community Center The committee also discussed the need to be more involved
in planning for the neighborhood adjacent to Les Gove Community Campus.
F Council Operations Committee
The next meeting of the Council Operations Committee is scheduled for August 6,
2012 at 5:00 p.m.
IV 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 of the July 2, 2012 Regular Meeting
B. Minutes of the July 10, 2012 Special Meeting
C Claims Vouchers (Partridge/Coleman)
Claims check numbers 415142 through 415530 in the amount of
$3,435,856.05 and dated July 16, 2012.
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D Payroll Vouchers (Partridge/Coleman)
Payroll check numbers 533053 through 533087 in the amount of
$903,077 01 and electronic deposit transmissions in the amount of
$1,200,895.91 for a grand total of$2,103,972.92 for the period
covering June 28, 2012 to July 11, 2012.
E. Public Works Project No. CP1006 (Wagner/Dowdy)
City Council approve Final Pay Estimate No. 14 to Contract No. 11-05
in the amount of$7,27104 and accept construction of Project No.
CPI 006, Lakeland Hills Reservoir 6
F Public Works Project No. CP1108 (Wagner/Dowdy)
City Council approve rejecting all bids for Contract No. 11-14 for
Project No. CP1108, 2011 Citywide Storm Pond Cleaning
G. Public Works Project No. MS 1110
H. Public Works Project No. CP1210
Deputy Mayor Backus moved and Councilmember Wagner seconded to approve
the Consent Agenda.
The Consent agenda includes minutes, claims and payroll vouchers, and public
works projects.
MOTION CARRIED UNANIMOUSLY 7-0
V UNFINISHED BUSINESS
There was no unfinished business.
VI. NEW BUSINESS
There was no new business.
VII. ORDINANCES
A. Ordinance No. 6408 (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Section 18.31.200 of the Auburn City Code relating to administration of
architectural and site design review standards
Deputy Mayor Backus moved and Councilmember Partridge seconded to approve
Ordinance No. 6408
The Ordinance amends the Zoning Code Section 18.31.200 related to
architectural and site design standards.
MOTION CARRIED UNANIMOUSLY 7-0
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B. Ordinance No. 6414 (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Section 12.64A.030 of the Auburn City Code and creating a Section 13.40.040
and a new Chapter 17.28 of the Auburn City Code, relating to the installation of
City-owned improvements
Deputy Mayor Backus moved and CounciUnember Partridge seconded to approve
Ordinance No. 6414
The Ordinance amends Section 12.64A.030 of the Auburn City Code and creates
a new Chapter 17.28 relating to the installation of City-owned conduit.
MOTION CARRIED UNANIMOUSLY 7-0
C Ordinance No. 6416 (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, creating a
Section 1.04.060 of the Auburn City Code and amending Section 18.02.020 of the
Auburn City Code, relating to conflicts with State or Federal law and Engrossed
Second Substitute Senate Bill 5073 regarding medical cannabis collective gardens
and medical cannabis dispensaries
Deputy Mayor Backus moved and Councilmember Partridge seconded to approve
Ordinance No. 6416
The Ordinance will remove the City from conflict between the Federal law and
State law regarding marijuana being a class one drug.
MOTION CARRIED UNANIMOUSLY 7-0
D Ordinance No. 6417 (Peloza/Coleman)
An Ordinance of the City Council of the City of Auburn, Washington, repealing
Chapter 2.14 of the Auburn City Code relating to Municipal Court System
Councilmember Peloza moved and Councilmember Osborne seconded to
approve Ordinance No. 6417
Councilmember Partridge moved and Councilmember Osborne seconded to
postpone the ordinance to the meeting following one-year's time.
Councilmember Partridge stated Judge Bums had presented a proposal that may
be a better option than outsourcing the court services. The Council should give the
court one year to prove their ability to make the changes.
Councilmember Wagner said the Council has been focused on only the court, but
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he believes the issue is the entire public safety system, which includes the court,
police and probation. He believes the King County proposal will make the entire
system more efficient.
Councilmember Peloza thanked staff for laying out the proposal and data. He also
thanked the citizens for sharing their thoughts. He added he believes it is time to
make a decision.
Deputy Mayor Backus expressed her appreciation for Judge Burns. She stated the
issue is not the court budget. The issue is the cost of the SCORE facility, the
probation department and other unforeseen costs. She added she believes the
Council is doing what is best for the City 6s.a whole.
Councilmember Holman said he believes the affected employees deserve a vote
tonight.
MOTION FAILED. 1-6Councilmember Partridge voted yes.
Councilmember Peloza said he believes it is advantageous for the City to repeal
Aubum Municipal Code 2.14.
Councilmember Partridge stated his motion to postpone was to give Council the
opportunity to analyze the data more thoroughly He implored the other
Councilmembers to consider what the City will be giving up.
Councilmember Holman said every community is affected by addiction. He feels a
medical approach is the best solution to the problem. He noted there has been a
reduction in crime across the state of Washington. He is unable to attribute the
decline in crime rate in the City of Auburn to the Auburn Municipal Court. Fie said
the City would have to reduce other basic services to fund a probation program
that does not seem to have a direct impact on the crime rate.
MOTION CARRIED. 6-1Councilmember Partridge voted no.
City Attorney Heid requested an effective date. Mayor Lewis stated the staff will
bring a date forward as soon as possible.
E. Ordinance No. 6418 (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Sections 17.09.035, 17.09.050, 17.09.070, 17.09.110, 17 10.020, 17 10.050 and
17 10.110 of the Auburn City Code relating to land adjustments and divisions
Deputy Mayor Backus moved and Councilmember Partridge seconded to approve
Ordinance No. 6418.
The Ordinance clarifies regulations and amendments related to the recent
changes in state law
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MOTION CARRIED UNANIMOUSLY 7-0
F Ordinance No. 6419 (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Sections 18.29.060, 18.29.070, 18.31.020, 18.31 120, 18.52.020 and 18.60.020 of
the Auburn City Code as housekeeping measures
Deputy Mayor Backus moved and Councilmember Partridge seconded to approve
Ordinance No. 6419.
The Ordinance updates the zoning code related to parking, landscaping and
supplemental development standards of the Auburn City Code.
MOTION CARRIED UNANIMOUSLY 7-0
G. Ordinance No. 6420 (Backus/Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Section 19.02.050 of the Auburn City Code related to school impact fees
Deputy Mayor Backus moved and Councilmember Partridge seconded to approve
Ordinance No. 6420.
The Ordinance changes the deadline of when school impact fee adjustment
requests are due.
MOTION CARRIED UNANIMOUSLY 7-0
VIII. RESOLUTIONS
A. Resolution No. 4833 (Peloza/Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to execute an Interlocal Agreement between the City of
Auburn and King County for District Court services
Councilmember Peloia moved and Councilmember Osborn seconded to
approve Resolution No. 4833.
The Resolution authorizes an interlocal agreement with King Count for District
Court services.
Councilmember. Partridge stated he understand the need for a new court system.
He added he will remain consistent with his votes.
MOTION CARRIED. 6-1Councilmember Partridge voted no.
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City Attorney Heid noted the interlocal will need to be in conjunction
with Ordinance No. 6417
B. Resolution No. 4834 (Peloza/Coleman)
A Resolution of the City Council of the City of.Aubum, Washington, authorizing the
Mayor and City Clerk to execute a Lease Agreement between the City of Auburn
and King County for District Court services in Auburn's court facilities
Councilmember Peloza moved and Councilmember Osborne seconded to
approve Resolution No. 4834.
The Resolution authorizes a lease agreement with King County for Auburn's Court
facilities.
MOTION CARRIED 6-1 Councilmember Partridge voted no.
C Resolution No. 4835 (Wagner/Snyder)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
negotiations and execution of a contract for non-profit facilitator services with the
National Development Council for the Auburn Community Center at the Les Gove
Community Campus
Councilmember Wagner moved and Councilmember Peloza seconded to
approve Resolution No. 4835.
The Resolution allows the City to work with National Development Council. There
will be no cost to the City until a lease is brought to the City by the contractor and
approved by Council.
Councilmember Partridge requested clarification on the execution portion of the
document Mayor Lewis advised the Resolution authorizes an agreement to work
with a non-profit organization that will review the contracts, cost breakdowns and
funding options for the Community Center The agency can earn a fee two ways, if
there is a loan transaction the non-profit will earn a fee of one percent(1%) and if
there is a lease th at the Council approves. He added all options will require the
items to come back before the City Council for approval.
MOTION CARRIED UNANIMOUSLY 7-0
D Resolution No. 4836 (Backus/Snyder/Held/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor to execute documents for the transfer and exchange of real property
between the City and the Washington State Department of Transportation
regarding Phase II of the Auburn Environmental Park
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Deputy Mayor Backus moved and Councilmember Partridge seconded to
approve Resolution No. 4836.
The Resolution authorizes a transfer of property between the Department of
Transportation and the City for the Auburn Environmental Park.
MOTION CARRIED UNANIMOUSLY 7-0
E. Resolution No. 4837 (Wagner/Faber)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
modification of a contract previously authorized with the passage of Resolution
No. 4406 with Virginia Paquette for public art at the Auburn Community Center at
the Les Gove Community Campus
Councilmember Wagner moved and Councilmember Wales seconded to
approve Resolution No. 4837
The Resolution amends an existing agreement for the public art at the Auburn
Community Center
Councilrember Partridge asked what committees discussed this resolution.
Councilmember Wagner stated it has gone to Art Commission, Public Art
Committee and the Les Gove Community Campus Committee.
MOTION CARRIED UNANIMOUSLY 7-0
F Resolution No. 4840 (Wagner/Dowdy)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor to award the bid and execute an agreement with the lowest responsible
bidder for construction of Public Works Contract Number 12-14 for Project
EM0902, Flood Control Barrier Removal
Councilmember Wagner moved and Councilmember Peloza seconded to
approve Resolution No. 4840.
The Resolution authorizes the removal of the flood control barriers.
MOTION CARRIED UNANIMOUSLY 7-0
G. Resolution No. 4841 (Backus/Snyder)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to sign an amendment to the 1998 Interlocal Agreement with
the Port of Seattle related to wetland mitigation
Deputy Mayor Backus moved and Councilmember Partridge seconded to
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approve Resolution No. 4841
The Resolution authorizes interiocal between the Port of Seattle to clarify the flood
plain storage capacity
MOTION CARRIED UNANIMOUSLY 7-0
IX. REPORTS
At this time the Mayor and City Council may report on significant items
associated with their appointed positions on federal, state, regional and
local organizations.
A. From the Council
Upon agreement from the Council, there was no council report.
B. From the Mayor
Mayor Lewis commended the Council for their dedication and diligence in making
a very difficult decision regarding the court. He also commended the citizens of the
City of Auburn for their input and action during the meeting.
X. ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned at
9:40 p.m.
APPROVED this 6th day of August, 2012.
Peter B. Lewis, Mayor Shawn Campbell, Deputy City Clerk
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