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HomeMy WebLinkAbout01-19-1999 CITY OF AUBURN COUNCIL MEETING MINUTES January 19, 1999 7:30 p.m. CALL A, TO ORDER Flag Salute Mayor Booth called the meeting to order at 7:30 PM and led those in attendance in the Pledge of Allegiance. Roll Call Mayor Booth and the following Councilmembers were present: Pete Lewis, Sue Singer, Trish Borden, Fred Poe, Gene Cerino, and Rich Wagner. Councilmember Jeanne Barber was excused. Staff members in attendance included: Planning and Community Development Director Paul Krauss, Assistant Planning Director Lynn Rued, Associate Planner Shirley Aird, Public Works Director Christine Engler, City Engineer Dennis Dowdy, City Attorney Michael J. Reynolds, Assistant City Attorney Judith Ausman, Finance Director Diane L. Supler, Parks and Recreation Director Dick Deal, Fire Chief Bob Johnson, Police Chief Dave Purdy, Personnel Director Brenda Heineman, and City Clerk Danielle Daskam. Announcements and Appointments Annou_____ncements There were no announcements. 2. Appointments a) Library Board The reappointment of Dr. Melvin Lindbloom for a five- year term to expire December 31, 2003. Page I City of Auburn Council Meetin;i Minutes January 191 II. Councilmember Poe moved and Councilmember Cerino seconded to confirm the reappointment of Dr. Melvin Lindbloom to the Library Board. MOTION CARRIED UNANIMOUSLY. 6-0. ~ations An agenda modification consisting of a letter addressed to Mayor Chuck Booth from Allan Thomason of Thoroughbred, Inc. dated January 14, 1999 was transmitted under Item II.A.2 of these minutes. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings Application for Franchise Agreement A3.14 The Application for Telecommunications Franchise request of Electric Lightwave Incorporated (ELI), for a non-exclusive franchise for a term of five years for the attachment, installation, operation, and maintenance of a fiber optics telecommunications system network in, on, upon, along, and/or across certain public ways within the city of Auburn. The purpose of the public hearing is to determine public benefit and impact, applicant compliance, public right-of-way capacity to accommodate ELI's telecommunication system, potential disruption of public right-of way, and present and future use of the public right-of-way. City Engineer Dennis Dowdy presented the staff report on the Electric Lightwave's (ELI) application for Franchise Agreement. ELI has made application for a franchise to install and maintain telecommunication facilities in public rights of way which ELI will own and operate to provide telecommunication services to customers within the city of Auburn. ELI has completed all City requirements for the franchise application and has negotiated the draft Franchise Agreement included in the Council's agenda packet. Mr. Dowdy assured that the draft Agreement is consistent with City of Auburn City Code Title 20, Telecommunications. Mr. Page 2 I I; I City of Auburn Council Meetintq Mim_,te_= January 19, 1.~-; Dowdy also briefly referred to federal and state laws regarding telecommunications. According to Title 20, a public hearing is required on the application for telecommunications franchise to give the public an opportunity to be aware of and comment on the proposed franchise. Mr. Dowdy briefly outlined some of the provisions of the franchise. The franchise covers the entire city and is for a five year term which is renewable with mutual consent. The City's normal police powers and regulations apply to the franchisee and normal City permit procedures for work performed in the rights of way. The franchise provides for prompt restoration of the rights of way, allows use of the aerial facilities owned by other utilities within the city, and requires compliance with underground code. The City's utility tax will apply for the use of the rights of way. Mayor Booth opened the public hearing. Ed Fournier, Electric Lightwave Incorporated (ELI) Mr. Fournier spoke in favor of the franchise application. ELI is headquartered in Vancouver, Washington and is a facilities based company authorized to compete as a local exchange. Initial ELI customers located in the Auburn area include the Federal Aviation Administration, Green River Community College, and The Boeing Company. Mr. Fournier displayed an area map of their construction and installation plans. There was no other request from the audience to speak regarding ELI's application for franchise agreement. Councilmember Wagner moved and Councilmember Poe seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 6-0. Councilmember Wagner moved and Councilmember Cerino seconded to instruct the City Attorney to prepare the necessary ordinance adopting the franchise agreement. Page 3 City of Auburn Council Meetint:l Min.te~ January 19, ~.~-- MOTION CARRIED UNANIMOUSLY. 6-0. Amendments to Chapter 18.28 C-2 Central Business Distriut and Interim Zoning of C-2 (Central Business District) 03.4.2.1.2 On December 7, 1998, the Auburn City Council adopted Ordinances No. 5193 and 5194 establishing interim changes and interim zoning controls for C-2 Central Business District. As a result, there have been some changes to the uses allowed in the C-2 district, and the C-2 district has been expanded. The previously existing zoning designations within downtown allowed development that is incompatible with the Draft Downtown Plan dated October 1, 1998. The interim zoning was adopted to ensure that development that occurs between now and the Plan adoption and implementation will be compatible with the Plan. State law requires the City Council to conduct a public hearing on interim zoning controls within sixty (60) days of adoption. Planning and Community Development Director Paul Krauss presented the staff report. For the past year, the Downtown Task Force, comprised of downtown business operators, area residents, members of the Chamber of Commerce, members of the Downtown Association, and others appointed by the Mayor, have been working on a new redevelopment plan for the downtown. The Task Force is expected to complete their work next spring. Their work has consisted of several open houses, newspaper articles, and meetings. Recently the Task Force became concerned that as development in downtown becomes more attractive, zoning controls need to be implemented to ensure that the construction that does occur is consistent with the goals being established by the Downtown Task Force. The Task Force recommended and the City Council adopted interim zoning in December 1998. The interim zoning is to remain in effect for one year or possibly less. The interim zoning ordinance makes the following changes: The C-2 Central Business District Zone is enlarged to cover most of the downtown planning area. The C-3 Heavy Commercial District is reduced by the same size the C-2 is Page 4 I ] I City of Auburn Council Meetinfi Mip,t,~ January 19, enlarged. C-2 zoning encourages the type of pedestrian oriented retail business that is found along Main Street. C-3 zoning encourages the type of commercial business that is typically found on Auburn Way and 15th Street NE. The interim zoning ordinance also amended the C-2 district text in two areas. The first amendment allows commuter rail stations and transit hubs as permitted uses. The second change limits overnight stays in religious institutions to employees only. The interim zoning ordinance prevents new automotive oriented business from locating in the downtown area as well as prevents major expansion of existing auto oriented uses. If the interim ordinance is upheld and interim zoning ultimately adopted on a permanent basis, nonconforming uses will result. Nonconforming uses are grandfathered and are allowed to continue in business, change ownership, and can slightly expand in some cases. Mr. Krauss explained that the City Council has several options after the close of the public hearing. The City Council can decide to take no action and allow the interim ordinance to stand; the Council can direct staff to make modifications; or the Council can take action to repeal the interim ordinance. Mayor Booth opened the public hearing. Jim Blanchard, 2635 Forest Ridge Drive, Auburn, WA Mr. Blanchard identified himself as a member and Chairman of the Auburn Downtown Task Force. Mr. Blanchard reported that the Task Force recommends the interim zoning ordinances to stand. The interim zoning will allow for sufficient time for the completion of the Downtown Plan and its presentation to the City Council for adoption and enactment of permanent zoning. The Downtown Task Force has been involved in developing a long-term plan for the future development of Auburn. Mr. Blanchard briefly described the history of the Plan development. He urged the Council to retain the interim zoning. Page 5 City of Auburn Council Meetin;i Mira!t-_= January 19, 1~--- Allan Thomason, 225 "A" Street SE, Auburn Mr. Thomason spoke on behalf of "A" Street Automotive located at 225 "A" Street SE. He identified himself as half owner of "A" Street Automotive and Thoroughbred Autobody. He expressed concern with interim zoning which adversely affects his ability to remodel or expand his business located at 225 "A" Street SE. He expressed his desire to continue his business and serve his customers in the downtown area. ~, 1111 Pike Street NE, Auburn Mr. Thordarson identified himself as a member of the Auburn Downtown Task Force. He spoke in favor of the interim zoning until adoption of the Downtown Plan. Bob West, 332 1st Street NE, Auburn Mr. West identified himself as the representative of the property and business owner of Auburn Lawn and Garden. Auburn Lawn and Garden has operated at its current location, 308 West Main Street, for several years and includes the sale and outdoor display of nursery supplies and equipment. Mr. West advised that the C-2 district will severely restrict the use of Auburn Lawn and Garden property. Mr. West explained the ultimate widening of "C" Street will require the condemnation of a portion of the Auburn Lawn and Garden property. If Auburn Lawn and Garden is to continue in operation at its location, the property will need to be reconfigured and building additions constructed. C-2 zoning prohibits the necessary expansion and reconfiguration required by Auburn Lawn and Garden, and the business may be required to relocate. Mr. West presented the Council with a letter from himself and a letter from Mr. Jack Jones, primary owner of Auburn Lawn and Equipment and principal owner of the property. Mr. West requested that the Council exclude the property where Auburn Lawn and Garden is situated from the interim zoning as it is geographically separate from the downtown area. Page 6 City of Auburn Council Meeting Mipm,~_= January 19, 1~:; .Bruce Alverson, 22 "B" Street SW, Auburn Mr. Alverson identified himself as a representative of the Sunbreak Caf6 located at 22 "B" Street SW. He spoke in favor of interim zoning and the preservation of downtown. Scott Pysher, 213 "D" Street SE, Auburn Mr. Pysher reported that he and his wife moved to Auburn in 1997 because of the downtown area, and questioned the impact of the interim zoning on existing nonconforming uses such as "A" Street Automotive. Pastor Pat O'L__~, Lifegate Auburn Foursquare, 307 East Main Street, Auburn Pastor O'Leary questioned the C-2 text change which prohibits overnight stays in religious institutions to employees only. Pastor O'Leary expressed concern with the provision since his church offers some youth overnight activities at his facility. Donell Brickman, 118 Cross Street SE, Auburn Ms. Brickman operates Donell's Espresso at 118 Cross Street SE. Ms. Brickman expressed concern with the effect of the interim zoning on her business which includes a drive- up facility. Planning and Community Development Director Krauss explained that drive-throughs are permitted as a conditional use in a C-2 district and permitted out right in a C-3. Assistant Planning Director Rued added that a conditional use permit would be required if Ms. Brickman desired to expand her business or add another drive- through. Contrastingly, an automotive oriented business, such as "A" Street Automotive is prohibited in a C-2 district. Ms. Brickman also inquired about another of her businesses located at 303 4th Street NE where she was denied a drive- through. Mayor Booth suggested Ms. Brickman contact Assistant Planning Director Rued regarding the possibility of a drive-through at her business located at 303 4~ Street NE. Brock Snyder, 407 Milwaukee Avenue, Algona Mr. Snyder identified himself as a member of the White River Presbyterian Church. He expressed concern with the interim zoning change that prohibits overnight stays in Page 7 City of Auburn Council Meeting Min-te~ Januaw religious institutions; specifically its impact on churches' ability to provide overnight housing for the homeless. There being no further request from the audience to address the Council, Councilmember Borden moved and Councilmember Lewis seconded to close the public hearing. Councilmember Lewis stressed the purpose of the interim zoning is to allow time for the Downtown Task Force to complete the Downtown Plan before other new businesses locate to the area. MOTION CARRIED UNANIMOUSLY. 6-0. Councilmember Borden expressed support for the Task Force's work on the Auburn Downtown Plan. She spoke in favor of continuing the interim zoning. Councilmember Wagner spoke in favor of interim zoning. He suggested a more user-friendly transition and ability to expand for existing businesses of a wide variety. He suggested that the Council exclude the site of Auburn Lawn and Garden from the interim zoning C-2 district. Councilmember Poe suggested reviewing specific corridors and uses allowed in those corridors. He also suggested that the Council exclude all properties west of the Burlington Northern centerline from the interim zoning C-2 district. Planning Director Krauss indicated the removal of the properties west of the Burlington Northern tracks from the interim zoning would not be significant. Jim Blanchard. 2635 Forest Ridge Drive, Auburn, WA Mr. Blanchard is Chair of the Auburn Downtown Task Force. Mr. Blanchard explained that the Task Force's intent is to recommend interim zoning until the Downtown Plan is complete and subsequently establish permanent zoning. Mr. Blanchard explained that the Task Force asked City staff to develop the boundaries of the interim zoning based on the areas most likely to experience growth. Mr. Blanchard expressed his personal opinion that the exclusion of Auburn Page 8 City of Auburn Council Meetin;I Mim;te_~ January Lawn and Garden from the interim zoning would not be significant. Councilmember Singer reported that she is a member of the Auburn Downtown Task Force. Early in the process, the Task Force identified businesses that the Task Force wanted to encourage to stay in Auburn. Auburn Lawn and Garden was one of those businesses identified. She agreed with Councilmember Poe to exclude Auburn Lawn and Garden from the interim zoning. Councilmember Wagner suggested developing a policy to accommodate overnight church activities on an infrequent basis. Referring to Councilmember Poe's previous comments, Councilmember Lewis requested that the Task Force and staff members review specific corridors, such as the "A" Street corridor and the "C" Street corridor, and the uses allowed in those areas. Councilmember Poe moved and Councilmember Vvagner seconded to amend the area of the interim C-2 zoning to exclude the area north of Ist Street SVV and west of the Burlington Northern Railroad centerline. Councilmember Borden recommended continuing with the interim zoning as it stands and looking at the map designation through the public process. Councilmember Singer spoke in favor of removing Auburn Lawn and Garden from the interim C-2 zoning. Counciimember Lewis also spoke in favor of removing Auburn Lawn and Garden from the interim C-2 zoning. Councilmember Cerino offered that all properties affected by the motion are properties that are already impacted by the location of the transit station. Planning Director Krauss advised that the "Brace" building, a large warehouse located west of the tracks, is being Page 9 .City of Auburn Council Meetin;! Minutes January 19, 1DC-- acquired by Sound Transit. The C Street widening project affects all the remaining properties within the interim C-2 zoning and west of the tracks. MOTION CARRIED UNANIMOUSLY. 6-0. Moratorium on Filinq of Applications for Business Licensee and Buildin,q Permits for Food or Drink Establishmentc Conductinq Commercial Stimulant Card Game~ o7.1 On December 21, 1998, the City Council adopted Ordinance No. 5198 establishing a moratorium on the filing of applications for business licenses and building permits for food or drink establishments conducting commercial stimulant card games. Any existing food or drink establishment that has been issued a business license shall be required to apply for an additional license to conduct commercial stimulant card games on the premises. The moratorium was effective upon its adoption on December 21, 1998, and will continue in effect for six months unless repealed, renewed, or modified by the City Council after a public hearing and entry of findings of fact. City Attorney Reynolds presented the staff report. Mr. Reynolds referred to changes in federal laws which allow gaming on Indian reservations and then changes in state gaming laws which allow casinos operated by the private sector. Based on public safety statistics related to casino operations, the City administration forwarded to the Council a proposed moratorium on commercial stimulant card games to allow an opportunity to review city policy on future gaming operations. He stressed the point that since the moratorium is not based on a land use issue, there is no legal requirement for a public hearing on the moratorium. Mr. Reynolds explained that the State Gaming Commission issues one-year permits for gambling. State law also provides that a local government can restrict the gaming issued by the state. In other words, a city can ban gaming operations entirely. The purpose of the moratorium is to allow an opportunity for the Council to evaluate whether Page 10 I I I City of Auburn Council Meetin;i Minutes January 19, 19C~ gaming will be allowed in the city or whether the City will address gaming operations as a land use classification. Mayor Booth opened the public hearing. Frank Miller, 4041 Ruston Way, Tacoma, WA Mr. Miller identified himself as an attorney in private practice specializing in gaming and governmental law. Previously he served as Director, Deputy Director and General Counsel of the Washington State Gambling Commission. Mr. Miller spoke on behalf of the Recreational Gaming Association, a small trade association comprised of card room operators in the state of Washington. In 1996 state law was changed to allow card rooms to increase tables from five to fifteen and allow such games as jackpot poker and collector fees. In 1997, a law was passed to allow house-banked card games. Mr. Miller requested the City of Auburn proceed cautiously with regard to the moratorium. Mr. Miller asserted card rooms are the most heavily regulated public card rooms in North America. State law limits the card rooms to 15 tables, limits operation to 20 hours per day, and the State Gambling Commission sets wagering limits. Mr. Miller presented the Council with a copy of RCW 9.46.285 regarding licensing authority of local jurisdictions. Mr. Miller acknowledged that the City has the authority to prohibit gambling activities but not to limit the number of gambling establishments. He encouraged the City Council review the law and work closely with the State Gambling Commission regarding this issue. In response to a question from Councilmember Wagner, Mr. Miller recalled when the City of Vancouver passed an ordinance to prohibit all card rooms. To date, there are no card rooms in the city of Vancouver. City Attorney Reynolds added that the State issues gambling licenses for one year. In the case of the City of Vancouver, there was a two year period of phasing out the card rooms. Gerry Kin.qen, 1323 Harbor Ave SW, Seattle, WA Mr. Kingen is associated with Funsters, which is seeking its initial site at 1300 Supermall Way near the Supermall. Page 11 City of Auburn Council Meetinq Minutes January 19, lg;-- Preparations for the location have been ongoing for approximately six months. Mr. Kingen is also the creator of Red Robin Restaurants, Salty's Restaurants, Lake Union Caf6, Boondock's, and others. He presented the Council with binders containing information on the proposed business, existing businesses, and principals. Funsters would be focused around food and beverages, electronic and tactical games, and gambling. Mr. Kingen asserted that Funsters would be an asset to the community. Scott Switzer, 1300 Supermall Way, Auburn, WA Mr. Switzer reported that the proposed Funster facility will employ approximately 300 people. Mr. Switzer advised that Funsters applied for its state liquor and gambling licenses in July 1998 and have entered into a purchase agreement with Quadrant for a large piece of property for a facility which will cost $7 million. Mr. Switzer also advised that their purchase option will expire before the end of the moratorium. Mr. Switzer asked the City Council for the ability to go forward with the plans for Funsters. Mr. Switzer characterized Funsters as a family oriented business which would bring approximately $1 million in tax revenue to the City. Councilmember Borden inquired regarding the need for the gambling element of Funsters business. Mr. Switzer advised that all three elements of the business will contribute towards the overhead of the facility. Scott Pysher, 213 "D" Street SE, Auburn, WA Mr. Pysher questioned the impact of gambling activities on public safety services, and the benefits of gambling to the community. ~, 1111 Pike Street NE, Auburn, WA Mr. Thordarson expressed concern for the welfare and the livability of the city of Auburn and encouraged the Council to retain the moratorium. Fred Steiner, 333 15th Street NE, Auburn, WA Mr. Steiner referred to the State's list of pending gambling license applications. New applications for state gambling licenses cannot be accepted until July 1999. Mr. Steiner Page 12 City of Auburn Council Meetin;! Minutes January 19, 1 ~$ contended that crime does not follow gambling establishments. Dave Beemis, 333 15th Street NE, Auburn, WA Mr. Beemis identified himself as General Manager of Freddie's Club located at 333 15th Street NE in Auburn. Freddie's Club employs approximately 120 people. Mr. Beemis reported that incidents of crime have been minimal. Security and surveillance is manned 24 hours per day. He encouraged the Councilmembers to tour the casino. Councilmember Borden moved and Councilmember Cerino seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 6-0. Councilmember Cerino questioned whether the City can retain the moratorium but grandfather those who had pending gambling license applications with the state. Councilmember Poe questioned the means of notification given to the City when gambling applications are made to the state. Chief Purdy reported that the Police Department is not notified until just prior to the opening of the establishment. Assistant Planning Director Rued advised that to the best of his knowledge the City has not been advised of a pending gambling license application although the City does receive notification of liquor license applications. Councilmember Borden spoke in favor of continuing the moratorium and attempting to resolve the issue before the end of the six-month moratorium period. Councilmember Wagner also spoke in favor of resolving the issue without delay. Mayor Booth recessed the meeting at 9:30 PM for approximately five minutes. Mayor Booth reconvened the meeting at 9:39 PM. Page 13 City of Auburn Council Meetin,q Minutes January 19, III. Audience Participation There was no request from the audience to address the City Council. Correspondence No correspondence was received for City Council review. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Chair Poe reported the Municipal Services Committee met this evening at 6:00 PM. The Committee discussed possible fire service on Lea Hill and pending annexation. The next regular meeting of the Municipal Services Committee is scheduled for February 1, 1999 at 6:00 PM. Planninq & Community Development Chair Borden reported the Planning and Community Development Committee met January 11, 1999. The Committee recommended several items which appear on this evening's agenda. The Committee also discussed progress on the Lakeland Hills Phase 2 Annexation and school impact fees and park impact fees. Committee members discussed special population programs and changes in park policies. The next regular meeting of the Planning and Community Development Committee is scheduled for January 25, 1999 at 6:30 PM. Public Works Vice Chair Poe reported the Public Works Committee met January 11, 1999. The Committee discussed a Street Improvement Delay Agreement, Consulting Services Agreements, and the progress of capital projects. The next regular meeting of the Public Works Committee is scheduled for Monday, January 25, 1999 at 4:30 PM. Finance Vice Chair Wagner reported the Finance Committee met this evening at 6:30 PM. The Committee reviewed and recommended approval of claims and payroll vouchers and received a legislative update from Finance Director Supler. The Committee also began review and discussion of the gambling tax structure. The next Page 14 City of Auburn Council MeetinR Minutes January IV. regular meeting of the Finance Committee is scheduled for Monday, February 1, 1999 at 6:30 PM. CONSENT AGENDA A. Minutes 1. Minutes of the January 4, 1999 regular City Council meeting. Vouchers F4.9.2,F4.9.5 Claims Claims check numbers 138610 through 138796 in the amount of $786,295.54 for Period 12 and dated January 20, 1999; and claims check numbers 138797 through 138993 in the amount of $1,822,401.47 for Period 14 and dated January 20, 1999. Payroll Payroll check numbers 250812 to 250901 in the amount of $35,756.18 and electronic deposit transmissions in the amount of $9,399.34 for a grand total of $45,155.52 for the pay period covering January 1, 1999 to January 14, 1999. C. Contract Administration Public Works Proiect Numbers C8047/C8048 O4.8.1 C8047/C8048 City Council to approve Change Order No. 1 in the amount of $26,514.19, Contract Number 98-26, for additional costs associated with Public Works Project Numbers C8047/C8048, Central Storm Drainage Improvements, Phases lC and 1E. Councilmember Wagner moved and Councilmember Singer seconded to approve the consent agenda. MOTION CARRIED UNANIMOUSLY. 6-0. UNFINISHED BUSINESS There was no item under this section for City Council review. Page 15 City of Auburn Council Meeting M nutes Janua~f 19, '~CCC VI. NEW BUSINESS There was no item under this section for City Council review. VII. ORDINANCES AND RESOLUTIONS A. Ordinances Ordinance No. 5206 03.5 PLT0002-94R An Ordinance of the City Council of the City of Auburn, Washington, approving the Final Plat of West Beverly Hill Division No. 4 a 95-1ot single-family subdivision located east of "W" Street NW and west of the terminus of 15th Street NW, within the city of Auburn, Washington. City Engineer Dennis Dowdy recommended that the City Council to postpone action on Ordinance No. 5206 until the site is under control from erosion. Mr. Dowdy recalled that on December 21, 1999 City Council directed the City Attorney prepare the necessary ordinance to consider the final plat. Since that time a number of storms caused considerable damage to the infrastructure that had been constructed including streets and storm water facilities. Staff also determined there is not adequate control of the surface runoff on the upper plateau, and considerable siltation has flowed into Mill Creek. Staff members continue to inspect the site with the developer's representatives. Staffs main concerns deal with slope stability and better control of the interior drainage. City Engineer Dowdy recommended the City Council postpone action on Ordinance No. 5206 for several weeks. Councilmember Wagner noted that the Council did not approve the final plat on December 21, 1998 but merely instructed the City Attorney to prepare an ordinance. He recalled that he had requested additional information on the sufficiency of the bond before voting on approval of the final plat. City Engineer Dowdy agreed that the existing bond will not cover the repairs that need to be made to the plat. Page 16 I I I City of Auburn Council Meetint:l Minutes January 19, 199,~ Councilmember Wagner requested that the next Public Works agenda include discussion of the methodology for determining the bond amount. Councilmember Borden inquired regarding the protection of Mill Creek from runoff. City Engineer Dowdy explained that an approved erosion control plan exists. However, the plan had not been updated since last winter to reflect the status of the site. City Attorney Reynolds recommended not accepting a bond but to require construction to the satisfaction of the City. Councilmember Borden moved and Councilmember Lewis seconded to postpone Ordinance No. 5206 until the February 16, 1999 Council meeting. MOTION CARRIED UNANIMOUSLY. 6-0. Ordinance No. 5208 O3.10.5 An Ordinance of the City of Auburn, Washington, providing for a Conditional Use Permit to allow for a hair care salon on property zoned R-O (Residential Office) located at 1150 East Main Street, within the city of Auburn, Washington. Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5208. MOTION CARRIED UNANIMOUSLY. 6-0. Resolutions Resolution No. 3024 A3.13.9 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Payback Agreement Developer's Extension between the City and PK Partnership. Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution No, 3024. Page 17 City of Auburn Council Meetint:l Minutes January 19, MOTION CARRIED UNANIMOUSLY. 6-0. Resolution No..3050 A1.3 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute the 1999 Service Agreement between the City of Auburn and the Economic Development Council of Seattle and King County. Councilmember Borden moved and Councilmember Singer seconded to adopt Resolution No. 3050. Councilmember Borden noted that the agenda bill for Resolution No. 3050 refers to Councilmember Wagner recommending two conditions as performance measures in the contract. It was actually Councilmember Lewis who had recommended the addition of two conditions. Councilmember Borden noted that the two recommended conditions were not included in the contract attached to Resolution No. 3050. Councilmember Borden moved to amend her motion to modify the Contract to include the following conditions: "It is the expectation of Auburn that the Economic Development Council of Seattle and King County will refer at least three (3) non-warehouse businesses to Auburn each year. The Economic Development Council of Seattle and King County will provide a list of contacts to Auburn by name, type of business and where the business decided to locate at the end of contract year for all businesses not still in negotiation through the assistance of the Council." Councilmember Singer seconded the motion. MOTION CARRIED UNANIMOUSLY. 6-0. THE MAIN MOTION, AS AMENDED, CARRIED UNANIMOUSLY. 6-0. Page 18 City of Auburn Council Meetin;I Minutes January 19, lD~C Resolution No. 3051 A3.16.9 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Agreement for Professional Services for 1999 with Landau Associates, Inc. to provide on-call geotechnical and environmental investigation and analysis services for the City of Auburn. Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution No. 3051. MOTION CARRIED UNANIMOUSLY. 6-0. Resolution No. 3052 O4.2.1.4, O4.9.1 PR 548 (LID 347) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Underground Conversion Agreement with Puget Sound Energy to furnish and install a main distribution system for Project No. PR 548, known as "B" Street - 30th Street NW to 37th Street NW. Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution No. 3052. MOTION CARRIED UNANIMOUSLY. 6-0. Resolution No. 3053 04.4.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Meals on Wheels Satellite Site Memorandum of Agreement for 1999 between the City of Auburn and Senior Services of Seattle/King County (SSS/KC) to provide home delivered meal service in the Auburn area to the elderly. Councilmember Borden moved and Councilmember Singer seconded to adopt Resolution No. 3053. MOTION CARRIED UNANIMOUSLY. 6-0. Page 19 City of Auburn Council MeetinR Minutes January Resolution No. 3054 O4.4.2 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Memorandum of Agreement for 1999 between the City of Auburn and Senior Services of Seattle/King County Nutrition Projects (SSS/KC) to provide a federally funded hot meal program for Iow-income elderly citizens of the Auburn area. Councilmember Borden moved and Councilmember Singer seconded to adopt Resolution No. 3054. MOTION CARRIED UNANIMOUSLY. 6-0. Resolution No. 3055 A3.16.9 A Resolution of the City Council of the City of Auburn, Washington, authorizing the City of Auburn to enter into a Professional Service Contract with Inca Engineers, Inc. for engineering/surveying services for 1999. Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution No. 3055. MOTION CARRIED UNANIMOUSLY. 6-0. Resolution No. 3056 O3,4.1,17 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Agreement for Professional Services for 1999 with Pentec Environmental, Inc. to provide on-call wetland services for the City of Auburn. Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution No. 3056. MOTION CARRIED UNANIMOUSLY. 6-0. Page 20 I I I ..City of Auburn Council Meeting Minutes January 19, ~;;-; Resolution No..3059 O5.1.3 A Resolution of the City Council of the City of Auburn, King County, Washington, authorizing the Mayor and City Clerk to execute an Agreement for Artwork between the City and Kate Kulzer and Kevin Spitzer to provide a sculpture for the Auburn Skatepark located in Brannan Park at 26th and "M" Street NE, within the city of Auburn. Councilmember Borden moved and Councilmember Singer seconded to adopt Resolution No. 3059. MOTION CARRIED UNANIMOUSLY. 6-0. VIII. MAYOR'S REPORT Year 2000 (Y2K) Compliance Update Finance Director Supler updated the City Council on the status of the City's efforts to ensure Year 2000 compliance. The Y2K Steering Committee met a week ago and continues to identify areas of exposure. Because of dependency on others such as Puget Sound Energy, there is no assurance of continuation of service. Fire Chief Johnson has taken the lead as the City's emergency management coordinator to formulate a contingency plan. Executive Session Mayor Booth recessed the meeting to executive session at 10:08 PM for approximately 20 minutes in order to discuss litigation. Mayor Booth indicated no action would be taken following the executive session. Mayor Booth reconvened the meeting at 10:30 PM. Page 21 I I I City of Auburn Council Meetinl:l Minutss January 19, 1.~~' IX. ADJOURNMENT There being no further business to come before the Council this evening, the meeting adjourned at 10:30 PM. Approved on the //5_...J" day of ,1999. Charles A. Booth, Mayor Danielle Daskam, City Clerk Page 22 I I I