HomeMy WebLinkAbout03-01-1999 CITY OF AUBURN
COUNCIL MEETING MINUTES
March 1, 1999 7:30 p.m.
CALL TO ORDER
Fla,q 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, Jeanne Barber, Trish Borden, Fred Poe,
Gene Cerino, and Rich Wagner.
Staff members present included: Fire Chief Bob Johnson, Planning
and Community Development Director Paul Krauss, Assistant
Planning Director Lynn Rued, Finance Director Diane L. Supler,
Parks and Recreation Director Dick Deal, Personnel Director
Brenda Heineman, Public Works Director Christine Engler, Police
Chief Dave Purdy, City Attorney Michael J. Reynolds, and City
Clerk Danielle Daskam.
C. Announcements and Appointments
1. Announcements
a)
Special Olympics Reco.qnition
Mr. Dave Siebert, Executive Director of Special
Olympics Washington, to present special recognition
to Police Chief Dave Purdy.
Mr. Dave Siebert, Executive Director of Special
Olympics Washington presented Police Chief Dave
Purdy with a plaque in recognition of his role as
Director of the Special Olympics Torch Run Council
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City of Auburn Council Meeting Mip.t,,. March
I1.
from 1997 through 1998 and for his support of
Special Olympics programs.
Parks and Recreation Director Deal announced that
the City of Auburn will be hosting the Special
Olympics Summer Sports Tournament on August 14
and 15, 1999 at Game Farm Park.
Appointments
There were no appointments for City Council consideration.
Agenda Modifications
Ordinance No. 5218, transmitted under Item VII.A.2 of these
minutes, was submitted as an agenda modification. The ordinance
was not available prior to the publication of the agenda.
CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
Application No. HAP0002-98
A3.23.1
City Council to conduct a closed record hearing on an
appeal filed by AADA Systems, Inc. on the Hearing
Examiner's decision to deny an appeal of the Planning
Director's decision that AADA Systems is not a permitted
use in the M-l, Light Industrial District.
A closed record headng is limited to the existing record and
no new evidence or information is a/lowed to be submitted.
Assistant Planning Director Lynn Rued presented the staff
report on AADA Systems' appeal of the Planning Director's
decision to not allow uses proposed by AADA Systems in
the M-1 Light Industrial zone. AADA Systems' business
consists of loading and off-loading and temporary storage of
vehicles until transport to their final destination. A small
office and small maintenance facility is also proposed for the
site. The property in question, located at 171 and 211 Clay
Street NW, is in the M~I Light Industrial zone. The
Comprehensive Plan and Zoning Ordinance are very
restrictive of outdoor activities in the M1 zone. Mr. Rued
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City of Auburn Council Meetinq Mim~*,~= March 1, 15~
quoted from Auburn City Code 18.32.060 in part: "All
activities shall be conducted entirely within a building." Mr.
Rued contended that the outdoor loading and off-loading
and temporary parking of vehicles is not an appropriate use
for the M1 zone and is more appropriate for the M2 zone.
The Planning Director issued the decision that AADA
Systems is not a permitted use in the M1 zone. The
decision was appealed to the Hearing Examiner. The
Hearing Examiner subsequently upheld the Planning
Director's decision, and the appeal is now before the City
Council. Mr. Rued cautioned that a decision to allow AADA
Systems to operate in an M1 zone would affect all M1 zoned
property within the city regardless of size of operation.
City Attorney Reynolds indicated the Council will be faced
with an evidentiary decision this evening. Mr. Reynolds
explained that the City Attorney's Office received a public
records request from AADA Systems' attorney, Robert E.
West, Jr. The records request went beyond the record for
the closed record hearing. Mr. Reynolds advised that Mr.
West will request that documents contained through the
public records request should be included as part of the
record. Staff believes that the documents are not part of the
record to be reviewed by the Council. The Council will
determine whether the documents should be entered as pad
of the record.
Mayor Booth opened the closed record hearing.
Robert E. West, Jr., 332 1st Street NE, Auburn, WA
Mr. West identified himself as the attorney representing the
appellant, AADA Systems Inc. Mr. West presented the
Council with a document entitled, Declaration of Robed E.
West, Jr. in re Closed Record Hearing of Application No.
HAP0002-98 for entry into record.
Mr. West acknowledged that the Hearing Examiner minutes
of October 20, 1998 are fair and representative of the
testimony and evidence presented and clearly present the
issues. He expressed the belief that the appellant met the
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City of Auburn Council Meetin~q Minutes March 1,199,q
burden of proof for the issues before the Hearing Examiner,
and the Hearing Examiner decision was incorrect.
Mr. West explained that AADA Systems Inc. is a
transportation broker involving various functions including
administrative operations. AADA Systems operates as a
clearinghouse between businesses and military and their
personnel. Their business involves the transport of primarily
automobiles and trucks for people who are relocating their
jobs. Most of the vehicles that are transported by AADA
Systems do not come into the city but go directly to the Port
for shipment. Approximately one to two truck transports per
day come into Auburn. The transports may carry up to nine
vehicles. The vehicles are off-loaded, parked briefly at the
facility, and then reloaded onto smaller trailer transports
which usually carry up to three vehicles. Mr. West indicated
that it is very rare that a vehicle would remain on site for
more than 24 hours. The remaining activities that occur on
site and indoors include: administrative office functions, a
caretaker facility, security operations, and a small detail
shop for small cosmetic repairs.
Mr. West explained that the City's interpretation of ,AADA
Systems operation, that of off-loading and loading of
vehicles, is an outdoor activity and the principal use of the
property. The appellant disagrees. AADA is a unique
business involving a number of different functions. Mr. West
referred to the preamble to the M1 zone and that the
predominant goal is to encourage indoor types of uses but it
does not exclude all outdoor activities. Mr. West referred to
other uses in the area of West Main Street where outdoor
uses exist in the M1 zone. He also noted that the record
includes photographs of several existing businesses with
outdoor uses in the M1 zone. Mr. West pointed out that the
M1 zone allows warehousing and distribution facilities to
include wholesale trade not open to the general public. This
includes motor freight transportation as an incidental use but
specifically excludes motor freight transportation as the
principal use of the property. Mr. West contended that
AADA Systems includes a distribution facility and most
activities are conducted indoors with incidental outdoor
activities. The M1 zone allows a distribution facility and
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· City of Auburn Council Meetin;! Minutes March 1,
permits caretaker quarters. The M1 also permits minimal
outside storage limited to ten percent of the associated
building square footage. AADA Systems' outdoor storage is
under the ten percent allowed. The M1 zone also allows
office use. Mr. West maintained that the Hearing Examiner
erred in not concluding that AADA Systems does not fit the
categories permitted in the M1 zone. The Hearing Examiner
also erred in that AADA Systems' principal activity is loading
and off-loading of trailers.
Mr. West explained that Mr. Curtis, principal owner of AADA
Systems, Inc., investigated permitted uses for the property
prior to purchasing it. In a letter dated April 23, 1997,
addressed to the City of Auburn from Lynn Curtis of AADA
Systems, Mr. Curtis requested the City's response to AADA
Systems intended use for the property. The letter explained
that AADA Systems is a transportation broker of vehicles.
The vehicles are prepared for delivery or shipment. At least
75 percent of the vehicles are driven to and from the site. A
truck transports the balance. The number of vehicles
trucked will be incidental and significantly less than a new
car dealer on Auburn Way. Some repairs will be done on
site, although minor in scope. Long term storage is not
offered and limit short term storage to a few days. AADA
Systems has only one truck it keeps on the property.
Mr. West referred to a letter received by Mr. Curtis from
Keith Niven of the Planning Department. Mr. Niven
responded that according to the description of the business,
it is the City's determination that AADA Systems can locate
in either the M1 or M2 zone within the city of Auburn.
However, if the business is located in the M1 zone, the
business will be required to meet the standards of the M1
zone.
Mr. Curtis then purchased the property for several hundred
thousand dollars. When he began utilizing his property, the
City prohibited its use. Mr. West described the City's action
as unfair and unreasonable to deprive Mr. Curtis of the use
of his property.
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.City of Auburn Council Meetin.q Minutes March t, 'I~.':::
Mr. West recalled that AADA Systems appealed the
Planning Director's decision to the Hearing Examiner. The
appellant presented a complete record to the Hearing
Examiner and the contravening evidence submitted by the
City was limited. Mr. West advised that the Hearing
Examiner did not issue her decision or advise of an
extension within the required ten days. The Hearing
Examiner denied the appeal. AADA Systems then filed a
motion for reconsideration based on erroneous procedure,
errors of fact, and errors of law. The Hearing Examiner
denied the motion for reconsideration citing in part that the
applicant was not prejudiced by her taking extra time to
carefully consider the factual and legal issues. Mr. West
reported that he requested a copy of documents in the
Planning Department file regarding Application No.
HAP0002-98. The file contained the documents which
constitute the record of the application, but also included
some correspondence between the Hearing Examiner and
the Planning secretary with regard to some of the draft
documents. One of the documents was a transmittal from
the Hearing Examiner to the Planning secretary, which
included comments by the Hearing Examiner about possibly
changing her mind and the CounCil's role. The
correspondence referred to by Mr. West is attached is to his
declaration submitted to the Council this evening.
City Attorney Reynolds advised that the correspondence
described by Mr. West is not currently part of the record.
The Council must make the decision of whether or not to
allow it as part of the record.
Mr. West reported that the correspondence was contained in
the Planning Department file. He argued the documents
should be part of the record because it was contained in the
file.
City Attorney Reynolds explained staff's position that the
documents contained in the Council agenda packet
constitute the record before the Hearing Examiner. The
Hearing Examiner made the decision and any
correspondence after the decision is not relevant and not
part of the record.
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City of Auburn Council Meetin~l Minutes March 1, 1~
Mr. West requested the Council consider the additional
information. He noted that the correspondence occurred
before the motion for reconsideration was made. He urged
the Council to reject the Hearing Examiner decision.
Councilmember Borden questioned the appellant's intended
use of property. Mr. West referred to Mr. Curtis's letter of
April, 23, 1997 in which he described that at least 75 percent
of the vehicles are driven to and from the site and the
balance transported via truck. However, the information
before the Hearing Examiner was that less than 75 percent
of the vehicles were driven to and from the site as most of it
is performed off site. Approximately one to three trailer
transports are driven to the site per day. In response to
Councilmember Borden's questions regarding paving and
landscaping, Mr. West responded that the applicant will
meet the code requirements. Assistant Planning Director
Rued added that landscaping is required for the street
frontage and the paved parking area. The required parking
spaces for the office and detail operation will be paved. No
perimeter landscaping is required since the use is not
classified as storage, and paving is required for parking lots
only.
Councilmember Wagner questioned whether there exists
within the record any quantitative measurement of the
various components of the business; for example, the value
of number of cars transported without coming to Auburn
versus the value of those coming through Auburn to
determine whether the use is incidental or primary. Mr.
West advised that the record does not contain specific
information, although the minutes fairly reflect the essence
of the amount of activity conducted on-site versus off-site.
Councilmember Poe noted Tim's Cascade, Auburn Auto
Auction, auto detail shops, Livingston Boat, and other
wholesalers who have outdoor activities are located in the
M1 zone. Mr. Rued advised that some of the businesses
mentioned by Councilmember Poe and those entered into
the record by Mr. West were in existence prior to the 1987
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City of Auburn Council Meetin~l Minutes March 1, 1~
code change while others are not operating legally and have
been turned over to enforcement staff.
In response to a question from Councilmember Lewis, Public
Works Director Engier advised that the nonconforming uses
referred to by Mr. Rued have been notified by the City more
than once of their nonconforming operation.
Councilmember Lewis inquired whether the City Council
could have received the correspondence presented by Mr.
West in addition to the documents consisting of the record of
the application. City Attorney Reynolds advised that the
transmittal correspondence is not part of the official record,
and a City Councilmember would be required to submit a
records request for the transmittal documents. Mayor Booth
added that during a closed record hearing, the Council
cannot consider information obtained after the decision and
outside the process.
Councilmember Wagner noted that the correspondence in
question occurred on December 3, 1998; however, the
Hearing Examiner did not sign her decision until December
7, 1998. City Attorney Reynolds responded that the
transmittal was not relevant to the decision.
Councilmember Borden moved and Councilmember Poe
seconded to close the public hearing.
MOTION CARRIED UNANIMOUSLY. 7-0.
Councilmember Borden moved and Councilmember Poe
seconded to overturn the Hearing Examiner decision.
Councilmember Lewis questioned the next step for the
applicant if the Council overturns the Hearing Examiner
decision. Assistant Planning Director Rued explained that
the applicant would apply for permits to build the facility.
The zoning code standards require a few landscaping trees
along the street and a few trees in the parking lot. Mr. Rued
stated the Council decision would then be applied to every
other M1 zoned piece of property within the city regardless
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City of Auburn Council Meetin~l Minutes March 1, 1999
of its size. Any other similar use would be treated the same
as the decision issued by the Council.
City Attorney Reynolds briefly explained the procedure for
ruling on the admission of evidence.
Councilmember Cerino commented that should the City
Council reject the Hearing Examiner decision, the Council's
action is not intended to allow all types or amounts of
outdoor activities in the M1 zone, Businesses locating in the
M1 zone would need to meet the code or be similar to the
activities proposed by AADA Systems.
Councilmember Borden spoke in favor of allowing AADA
Systems' proposed use of the property. She suggested the
City Council then review the M1 zoning for the concerns
expressed by Mr. Rued.
Councilmember Wagner concurred with Councilmember
Borden's suggestion to review the M1 zoning standards.
Councilmember Lewis also suggested the Planning and
Community Development Committee review the M1 zoning
standards.
Councilmember Poe also recommended addressing the
concerns regarding the M1 zoning standards.
MOTION CARRIED UNANIMOUSLY. 7-0.
B. Audience Participation
Scott Switzer 1300 Supermall Way, Auburn, WA
Mr. Switzer spoke on behalf of Funsters. He expressed concern
with the proposed increase in tax on social card games, but agreed
that the increase to twelve percent is a good compromise. He
encouraged the Council to review the tax on social card games
sometime in the future to determine whether it is a reasonable tax
rate.
Page 9
,City of Auburn Council Meetinfl Minutes March 1, 19C~
III.
Burke Sower, 1215 24th Street SE, Auburn, WA
Mr. Sower spoke ag,ainst the proliferation of card games and other
gambling activities.
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. The Committee reviewed a proposed ordinance
regarding airport hangar and tie-down rental fees, and an
agreement for subleasing premises at the airport. The Committee
also reviewed Resolution No. 3067 authorizing a Purchase and
Sale Agreement with Ron Forte for property which will improve
access to the new library site. The next regular meeting of the
Municipal Services Committee is scheduled for March 15, 1998 at
6:00 PM.
Plannin.q & Community Development
Chair Borden reported the Planning and Community Development
Committee met February 22, 1999. The Committee recommended
approval of resolutions regarding Community Health Centers of
King County. The Committee also recommended a call for bids for
the skate park, received a presentation on neighborhood grants,
received a report on the King County Library bids, and discussed
the Commuter Rail Station. The next regular meeting of the
Planning and Community Development Committee is scheduled for
March 8, 1999 at 7:00 PM which is a change in meeting time.
Public Works
Chair Wagner reported the Public Works Committee met March 22,
1999. The Committee discussed the redevelopment of Main Street
and "D" Street SE and possible adjustments to the half-street
ordinance. The issue will come before the Council sometime in the
near future. The Committee also discussed transportation impact
fees and the Design and Construction Standards appeal process.
The Committee determined that the appeal procedure used now
needs to be documented and included in the Design Standards.
Page 10
III I I --- ~]
City of Auburn Council Meeting Minutes March l, t9~
IV,
The next regular meeting of the Public Works Committee is
scheduled for March 8, 1999 at 4:30 PM.
Finance
Chair Barber reported the Finance Committee met this evening at
6:30 PM. The Committee discussed and recommended approval
of claims and payroll vouchers and Ordinance No. 5218. The
Committee also received a legislative update. The next regular
meeting of the Finance Committee is scheduled for Monday, March
15, 1999 at 6:30 PM.
CONSENT AGENDA
A. Minutes
Minutes of the February 16, 1999 regular City Council
meeting.
B. Vouchers
F4.9.2,F4.9.5
Claims
Claims check numbers 139665 through 139919 in the
amount of $1,369,279.25 for Period 15 and dated March 1,
1999.
Payroll
Payroll check numbers 251351 to 251565 in the amount of
$395,789.56 and electronic deposit transmissions in the
amount of $527,285.99 for a grand total of $923,075.55 for
the pay period covering February 11 to February 24, 1999.
C. Contract Administration
Public Works Project Numbers PR 609, PR 610, PR 611,
and PR 618
City Council approve Final Pay Estimate No. 5, Contract
Number 98-07 in the amount of $69,704.28 to Robison
Construction, Inc., and accept construction of Public Works
Project Numbers PR 609, PR 610, PR 611, and PR 618,
Lea Hill Intertie Pipelines.
Page 11
City of Auburn Council MeetinR Minutes March 1, 19~
VI.
Small Works Project Number MS 727
05.2
City Council award Small Works Contract No. 99-03, Project
Number MS727, to Wm. Dickson Company on their Iow bid
of $23,800 plus Washington State sales tax of $2,046.80 for
the demolition of the Fenster residence
Councilmember Barber moved and Councilmember Wagner seconded to
approve the Consent Agenda.
MOTION CARRIED UNANIMOUSLY. 7-0.
UNFINISHED BUSINESS
There were no items for review under this section.
NEW BUSINESS
There were no items for review under this section.
VII. ORDINANCES AND RESOLUTIONS
A. Ordinances
Ordinance No. 5216
F4.3, O4.11.2
An Ordinance of the City Council of the City of Auburn,
Washington, amending Auburn City Code Chapter 13.06
entitled "Water Utility" for purposes of consolidating water
utility fees into one section of the water utility chapter and to
revise fees to reflect current costs of providing the water
utility service.
Councilmember Wagner moved and Counciimember Cerino
seconded to introduce and adopt Ordinance No. 5216.
MOTION CARRIED UNANIMOUSLY. 7-0.
Ordinance No. 5218
F6.4
An Ordinance of the City Council of the City of Auburn, King
County, Washington, amending Auburn City Code Section
5.44.060 entitled "Tax - Levy - Social Card Games"
contained in Auburn City Code Chapter 5.44 entitled
"Gambling Activities" to increase the tax rate on social card
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City of Auburn Council Meeting Minutes March 1, 1999
games as defined in RCW 9.46.0282 from ten to twelve
percent effective September 1, 1999.
Councilmember Barber moved and Councilmember Wagner
seconded to introduce and adopt Ordinance No. 5218.
Councilmember Borden asked for information from the
Finance Committee on the impacts to the community by
gambling businesses. She questioned whether a two
percent increase in the tax on card games was sufficient in
light of other cities contemplating a twenty pement tax on
card rooms.
Councilmember Barber explained that based on the
information received from existing operators of card rooms,
an increase in the gambling tax to twelve percent was fair
and represents a compromise between those who want to
increase the tax higher and those who want no change in
the tax.
Councilmember Cerino noted that Auburn is the site of
Emerald Downs and the Muckleshoot Casino over which the
City has no control. Any type of deterrent would create a
monopoly. He also noted that the State Legislature is also
considering controls on gambling taxes.
Councilmember Lewis explained that the intent of the tax
increase is to prevent Auburn from having the lowest tax
rate for card rooms and represents an increase that could be
supported by a majority of the Council.
Councilmember Wagner spoke in favor of increasing the tax
rate on card rooms to twelve percent to ensure that Auburn
does not have the lowest tax rate on card rooms. He noted
that Auburn is already the site of two large gambling
establishments and others will locate in some proximity to
them. Councilmember Wagner also expressed the belief
that based on the business information provided by Fred
Steiner, card room establishments cannot operate with a
twenty percent tax rate, and a twenty percent tax would
effectively ban card reoms.
Page 13
City of Auburn Council Meeting Minutes March
Councilmember Poe suggested continuing the moratorim
and leaving the tax rate at ten percent until after the
Legislature takes 'action on pending legislation. He
expressed opposition to increasing the tax.
Councilmember Lewis added that action by the Legislature
is still unknown at this time.He expressed support for
adopting Ordinance No. 5218.
Councilmember Barber spoke in favor of adopting Ordinance
No. 5218.
Councilmember Borden spoke in favor of studying the
impacts of gambling on the community.
In response to a question from Councilmember Borden, City
Attorney Reynolds explained that the moratorium is for a
period of six months. Mr. Reynolds also advised a
disagreement exists between the City Attorneys and the
Gambling Commission with regard to the concept of
moratoriums and the application of zoning to gambling.
Councilmember Singer expressed support for the increase in
tax on card rooms from ten to twelve percent. The tax rate
will generate a substantial amount of tax which can be used
for the good of the community.
Councilmember Cerino expressed support for leaving the tax
rate at ten percent.
Motion by Councilmember Cerino, second by
Councilmember Poe to amend Ordinance No. 5218 to
change the proposed tax rate from twelve to ten percent.
it was noted that the existing tax rate is ten percent.
Counciimember Cedno explained that his motion would
clarify the Council's position on the tax rate.
Finance Director Supler explained that the proceeds from
the gambling tax must first be spent on gambling
enforcement. Thereafter, the City has discretion for its
expenditure.
Page 14
City of Auburn Council Meeting Minutes March 1~ 199,~
MOTION FAILED. 2-5. Councilmembers Barber, Borden,
Lewis, Singer and Wagner voted no.
MOTION TO ADOPT ORDINANCE NO. 5218 CARRIED
UNANIMOUSLY. 7-0.
Resolutions
Resolution No. 3063
A3.17, O3.11.2
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and the City Clerk of the
City of Auburn to terminate the Lease Agreement between
the City of Auburn and Community Health Centers of King
County.
Councilmember Borden moved and Councilmember Lewis
seconded to adopt Resolution No. 3063.
MOTION CARRIED UNANIMOUSLY. 7-0.
Resolution No. 3064
A3.17, O3.11.2
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and the City Clerk of the
City of Auburn to execute a Lease Agreement between the
City of Auburn and Community Health Centers of King
County and for Community Health Centers of King County to
furnish a lien to the City of Auburn, Washington in the
amount of $23,750.00.
Councilmember Borden moved and Councilmember Singer
seconded to adopt Resolution No. 3064.
MOTION CARRIED UNANIMOUSLY. 7-0.
Page 15
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City of Auburn Council Meetin.q Minutes March 1,199q
Resolution No. 3067
A3.13.4
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor to execute a Purchase
and Sale Agreement between the City of Auburn and Ron
Forte, President of Forte, Inc., in the amount of $13,750.00.
Councilmember Poe moved and Councilmember Cerino
seconded to adopt Resolution No. 3067.
MOTION CARRIED UNANIMOUSLY. 7-0.
VIII. MAYOR'S REPORT
Certificate of Appreciation
Mayor Booth announced that Chief Dave Purdy is the recipient of a
Certificate of Appreciation from King County Executive Ron Sims in
recognition of his service to the Critical Incident Stress
Management Team for the Seattle-King Department of Public
Health.
Executive Session
Mayor Booth recessed the meeting to executive session at 9:24
PM for approximately twenty minutes in order to discuss matters
relating to collective bargaining. Mayor Booth indicated no action
would be taken by the Council following the executive session.
Mayor Booth reconvened the meeting at 9:50 PM.
IX. ADJOURNMENT
There being no further business to come before the Council this evening,
the meeting adjourned at 9:50 PM.
Approved on the /5- ~ day of ~'l,/~~ ,1999.
Charles A. Booth, Mayor
Danielle Daskam, City Clerk
Page 16