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HomeMy WebLinkAbout06-07-1999 CITY OF AUBURN COUNCIL MEETING MINUTES June 7, 1999 7:30 p.m. CALL TO ORDER Fla.q Salute Mayor Charles A. 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, Gene Cerino, and Rich Wagner. Councilmember Fred Poe was excused from the meeting. Staff members present include: City Attorney Michael J. Reynolds, Parks and Recreation Director Dick Deal, Personnel Director Brenda Heineman, Fire Chief Bob Johnson, Deputy Police Chief Jim Kelly, Finance Director Diane L. Supler, Public Works Director Christine Engler, Senior Engineer Dennis Selle, Design Engineer Joe Bangah, Planning and Community Development Director Paul Krauss, Assistant Planning Director Lynn Rued, and City Clerk Danielle Daskam. C. Announcements and Appointment,~ Announcements There were no announcements. Appointments There were no appointments for City Council consideration. Agenda Modifications Agenda modifications included the transmittal of additional correspondence regarding Application No. ZOA0001-99 and/or the Page t City of Auburn Council Meetin;I Minutes June 7, 199fl I1. moratorium on filing applications for business licenses and building permits for food or drink establishments conducting commercial stimulant card games under Item II.A.1 of these minutes, the addition of Ordinance No. 5245 transmitted under Item VII.A.4 of these minutes, the addition of Ordinance No. 5248 transmitted under Item ¥11.A.6 of these minutes, and the addition of Ordinance No. 5249 transmitted under Item VII.A.7 of these minutes. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings Application No. ZOA0001-99 03.4.2.1.2, 07.1 City Council invites comments on proposed amendments to Auburn City Code Title 18, Zoning Ordinance, relating to enhanced card rooms. Assistant Planning Director Rued presented the staff report on Application No. ZOA0001-99 and the moratorium on commercial stimulant card games. Approximately six months ago, the City Council enacted a moratorium to allow the City Council to study the issue of enhanced card rooms in the city of Auburn. Staff approached the issue similar to that for adult uses in which enhanced card rooms would be limited to certain areas of the city and subject to separation requirements. Mr. Rued directed the Council's attention to a map of the city illustrating the proposed areas where enhanced card rooms could be located. The proposed Zoning Code amendment would allow enhanced card rooms in C-3, M-1 and M-2 zones along 15th Street SW, 15th Street NW and NE and the West Valley Highway except for that portion between Highway 18 and 15th Street NW. The proposed amendment also requires a quarter mile separation between enhanced card rooms. The Planning Commission considered the Zoning Code amendment at a hearing held May 4, 1999. Mr. Rued advised that many of the persons testifying at the hearing spoke in favor of banning additional card rooms and phasing out any existing card rooms. The Planning Commission voted to not recommend approval of the proposed Zoning Page 2 City of Auburn Council Meeting Minutes June 7, 1,~=~ Code amendment and to look for ways to ban existing card rooms. Mr. Rued explained that tonight the City Council will consider whether to extend the moratorium on commercial stimulant card rooms for another six months, since the existing moratorium expires June 20, 1999. Additionally, the Council will consider whether to amend the Zoning Ordinance to either allow or ban enhanced card rooms. Since both hearings scheduled for this evening relate to gambling, Mayor Booth opened both public hearing simultaneously and invited members of the audience to speak either for or against the proposals. Burke Sower, 1215 24th Street SE, Auburn, WA Mr. Sower spoke against gambling activities in the city of Auburn. He declared that gambling has no positive benefits, and urged the Council to stop the expansion of gambling at all levels. Ray LaPlante, 4240 "A" Street SE #613, Auburn, WA Mr. LaPlante identified himself as a member of the Ilalko School PTA as well as other organizations dedicated to the benefit of children. He spoke of gambling addiction and the number of gambling establishments already available to the public. He spoke against gambling activities in the city of Auburn. Laurie Bulson, 31008 149~ Avenue SE, Kent, WA Ms. Bulson stated she has four children which attend Auburn Schools. She spoke against increased gambling activities in the city of Auburn. Hu.qh De.qler, 32310 58th Avenue South, Auburn, WA Mr. Degler read statistics related to card rooms and increases in various types of crime. He urged the City Council to eliminate gambling in Auburn. Page 3 City of Auburn Council MeetinR Min,~,!e=_ June 7, Linda Evans, 11314 SE 313th Place, Auburn, WA Ms. Evans suggested that, based on her research of state law on enhanced card rooms, the City has only two choices regarding card rooms. The City can either allow free access to state licensed card rooms or ban card moms entirely. She referred to the City of Kent which recently passed an ordinance prohibiting social card games and giving existing card rooms until March 2004 to phase out their card room business. She also referred to the City of Vancouver which passed a ban on card games several years ago and the City of Redmond which also passed a ban on card rooms. Both cities provided a period time to phase out existing card game activities. She urged the City Council to adopt a total ban of social card games in the city of Auburn. John Caverl¥, 135 15th Street SE, Auburn, WA Mr. Caverly questioned the effect of a ban on social in- house card games. Assistant Planning Director Rued explained that in the staff proposal to amend the Zoning Ordinance, definitions are provided for a public card room and enhanced public card rooms. Social card games, as allowed in the past, and those games associated with non- profit organizations would not be affected by the proposal. Ga¥1¥n Shoemaker, 35822 166th Lane SE, Auburn, WA Ms. Shoemaker spoke regarding a family member's and a friend's experiences as gambling addicts. She urged the Council to ban gambling activities in the city of Auburn. Eric Hansen, 918 6th Street SE, Auburn, WA Mr. Hansen spoke as an employer regarding the experiences of one employee who became a gambling addict. He spoke against any additional gambling facilities in the city of Auburn and indicated he would leave Auburn if any additional gambling facilities were allowed in the city. Brian Jaeckel, 31627 111th Court SE, Auburn, WA Mr. Jaeckel described himself as a married man with four children. He moved to Auburn because of the schools and Iow crime. He spoke against gambling in the city of Auburn, Page 4 City of Auburn Council Meetin.q Minutes June 7, 1.%~'' and urged the City Council to keep Auburn as a good family environment. Ed Eaton, 1313 "F" Street SE, Auburn, WA Mr. Eaton identified himself as a former member of the Auburn Planning Commission. He expressed concern with the image of the City of Auburn as a gambling destination and with other types of businesses gambling activities attract. Terese Henderson, 11249 SE 306~ Place, Auburn Ms. Henderson spoke regarding her father and his addiction to gambling. She contended that gambling destroys families and is not needed in the city of Auburn. Doua Larson, 3312 "1" St NE #D303, Auburn, WA Mr. Larson stated he has resided at his current residence for seventeen years. He urged the City Council to either reduce or ban gambling in the city of Auburn. Dave Beemis, 15949 SE 176th Place, Renton, WA Mr. Beemis identified himself as the General Manager for Freddies Club in Auburn. Mr. Beemis reported that Freddies Club has had a good relationship with the City of Auburn. He also announced that Freddies Club has been awarded the Auburn Chamber of Commerce Beautification Award. Randy Arens, 904 Pike Street NW, Auburn, WA Mr. Arens spoke regarding crime incidents that occurred in Nevada casinos involving children left unattended. Ruth Stewart, 202 29th Street NW, Auburn, WA Ms. Stewart read a letter from her cousin, Roderick W. Stewart who resides at 116 29th Street NVV, Auburn. Mr. Stewart expressed opposition to gambling in the city of Auburn and urged the Council to read an article in the June 1999 issue of Readers Digest entitled "Addicted to Luck." He expressed opposition to the legalization of gambling and urged the Council to continue the moratorium. Ms. Stewart then read a letter written by herself. She expressed opposition to any further expansion of gambling Page 5 City of Auburn Council Meetin.q Min,t~ June in the city of Auburn and recommended a three step solution. First, extend the moratorium. Secondly, study the strategies used by other cities and towns to discover a means to keep casinos out of Auburn. Lastly, apply other cities' successful strategies to the city of Auburn. Gustavo Un.quez, 227 "D" Street NE, Auburn, WA Mr. Unguez identified himself as a new homeowner. He spoke against gambling in the city of Auburn and urged the City Council to look to other avenues for economic growth. Ryan Anderson, 6108 35th Way SE, WA Mr. Anderson expressed support for Auburn's community spirit and its school system. He expressed concern with the type of businesses that are locating in Auburn with the expansion of gambling here. He believes some of the businesses carry a negative stigma. He also expressed concern with the viability of the downtown area with the expansion of gambling activities. He expressed opposition to the expansion of gambling in Auburn. J. B. Bond, 2001 3rd Street, Puyallup, WA Mr. Bond reported he is looking to purchase a home in Auburn. He recently retired from Las Vegas where he was vice president of operations for the Tropicana Hotel and worked for several other casinos there. He also reported he has invested $500,000 in another mini-casino in another city in the Puget Sound region. He empathized with residents of Auburn, but asked the City Council to contemplate those who would be displaced by a ban on gambling in Auburn. Craiq Shoemaker, 35822 166th Lane SE, Auburn, WA Mr. Shoemaker spoke against any further studies on the effects of gambling. He urged the City Council to ban gambling in Auburn. Michelle Sodenkamp, 19428 SE 328th Place, Auburn, WA Ms. Sodenkamp expressed concern with gambling activities' impact on the city of Auburn. She predicted that families will leave Auburn if gambling activities continue in Auburn. She urged the City Council to ban mini-casinos in Auburn. Page 6 City of Auburn Council Meetin9 Minutes June 7, 19~, Helen Johnson, 4231 South 261't Street, Kent, WA Ms. Johnson spoke regarding the impact of gambling on a community. She read portions of her letter which she later presented as part of the record. She urged the City Council to extend the moratorium on new casinos and reduce the number of casinos in Auburn. Jay Bulson, 31008 149th Avenue SE, Kent, WA Mr. Bulson identified himself as an executive director for human resoumes for a public communications firm in Bellevue and a father of four children. He expressed his belief that allowing Freddies in the city of Auburn was a mistake. He urged the Council to ban mini casinos including Freddies Club. Scott Switzer, 1300 Supermall Way, Auburn, WA Mr. Switzer identified himself as a representative from Funsters. Mr. Switzer reported that in 1988 there were 110 card rooms in the state of Washington while today there are 87. He asserted that Auburn would not become a gambling destination. He contended that mini casinos do not create more crime. He referred to a report prepared by Price Waterhouse to support his claim that mini casinos do not create an increase in the crime rate. He described Funsters as an excellent organization which proposes to construct a quality business in the community. He spoke in favor of limiting the number of casinos in the city and restricting their location. Clynn Wilkinson, 1310 "H" Street SE, Auburn, WA Mr. Wilkinson advised that he previously sent a letter to the Mayor and City Council regarding the issue before the Council this evening. He alleged that the majority of gamblers are those who can least afford it. He urged the Council to eliminate gambling in Auburn. Lisa Wilkinson, 1310 "H" Street SE, Auburn, WA Ms. Wilkinson spoke regarding the effects of gambling on children and families. She believes that gambling enterprises target youth, and teenage addiction to gambling is increasing. Page 7 City of Auburn Council4~leetin;i Min,tn_= June 7, Jeff Baxter, 144 East Main Street, Auburn, WA Mr. Baxter stated he owns a tavern business located at 144 East Main Street. He stated that his business would probably benefit if no further casinos were allowed in Auburn or if all casinos were banned. Mr. Baxter voiced support to allow gambling in restricted zones. He asked the Council to not blame the gaming industry for the small percentage of people who abuse it. Rick Morton, 1808 Tacoma Point, Sumner, WA Mr. Morton explained that he moved from southeast Auburn because of crime in the area. He felt the issue is so important to the community that the City propose a referendum on the question. Cory Thompson, 5117 Olive Avenue SE, Auburn, WA Mr. Thompson identified himself as the former casino manager for Freddies Club in Auburn. Although he no longer works for Freddies in Auburn, he spoke on behalf of some of the employees who work there. He indicated that many employees there are single mothers who were previously on state assistance. They are afraid of losing their jobs, and ask that the City Council not close Freddies Club. Ray Mortrud, 2002 Pike Street NE, Auburn, WA Mr. Mortrud reported that he moved to Auburn in 1968. spoke against gambling in the city of Auburn. He Keynor Rich, 3511 Olympic Street, Auburn, WA Mr. Rich advised that he came to live in Auburn because of its sense of community. He spoke against gambling establishments in Auburn. Mark Rawlings, 2635 24th Street SE, Auburn, WA Mr. Rawlings announced he moved to Auburn approximately fifteen years ago. He spoke regarding the amount of crime in his neighborhood since the construction of the Muckleshoot Bingo Hall and the Muckleshoot Casino. He voiced concern for his family's safety. Page 8 City of Auburn Council Meetinfl I~nutes June Todd Rawlings, 2635 24th Street SE, Auburn, WA Mr. Rawlings declared that gambling has no benefit to the community and only has negative impacts. He spoke in favor of banning gambling in Auburn. Donna Brooke, 1011 17th Street NE, Auburn, WA Ms. Brooke identified herself as a resident of Auburn for twenty years and a real estate agent. She spoke of a colleague's recent experience in which a home sale in Auburn was lost due to the casinos located in Auburn. Ms. Brooke also indicated that when she looks to purchase a new home later this year, she will not be looking in Auburn if the City continues to allow casino gambling. She spoke in favor of a gambling ban in Auburn. Kay Criddle, 29835 112th Avenue SE, Auburn, WA Mr. Criddle voiced opposition to any form of gambling. He reported that he has spoken to approximately fifty to seventy-five business owners in Auburn regarding mini casinos, and not one supports them. He urged the Council to ban gambling in Auburn. Kay Rich, 3511 Olympic Street SE, Auburn, WA Ms. Rich spoke against gambling in that it is a bad example for children. John Niles, 19403 SE 332nd Place, Auburn, WA Mr. Niles described himself as a homeowner, a father, and an avid community supporter. He spoke against gambling activities in Auburn. Lisa Shepherd, 12832 SE, 306th Place, Auburn, WA Ms. Shepherd recalled a comment by her son that Auburn seems to be in the news lately because of the amount of crime occurring in the city. She spoke in favor of banning gambling in Auburn. Jon Evans, 11314 SE 313th Place, Auburn, WA Mr. Evans identified himself as a member of the Auburn Planning Commission and indicated his opinion on the matter is already a matter of public record. He spoke Page 9 City of Auburn Council Meeting Mip;~!e=_ June 7, 1SC,'; regarding the City's image related to gambling, and spoke against gambling in Auburn. Councilmember Borden moved and Councilmember Singer seconded to close the public hearings. MOTION CARRIED UNANIMOUSLY. 6-0. Mayor Booth recessed the meeting at 9:32 PM for a five minute intermission. Mayor Booth reconvened the meeting at 9:41 PM. Councilmember Borden remarked that the City Council adopted a moratorium on enhanced card rooms to stop or slow down the proliferation of gambling in Auburn. She voiced concern about the image of the City. Councilmember Borden moved and Councilmember Wagner seconded to extend the moratorium for an additional six months, prohibit enhanced card rooms, phase out existing card rooms within not more than the next five years, and instruct the City Attorney to prepare the necessary ordinance. Councilmember Lewis commented that Freddies Club was permitted in the city of Auburn because the state and State Gambling Commission advised that the City had no authority to prohibit its location here. Mr. Lewis advised that he cannot support the motion as stated. He suggested investigating the consequences and gathering more information on the proposed action before proceeding. Councilmember Cerino expressed concern that card rooms may locate on the perimeters of the city limits and still have an effect on the City of Auburn. He recommended continuing the moratorium and continuing to study and work with adjacent jurisdictions to develop a plan. Councilmember Wagner stated it is clear that state law allows cities to ban card rooms. He recommended the City proceed with an outright ban on card rooms regardless of adjacent cities' positions. Page 10 City of Auburn Council Meeting Mim~f,,~ June Councilmember Borden cited the actions of the Kent and Redmond City Councils and expressed hope that the cities of Federal Way, Pacific and Algona will follow with similar actions. She spoke in favor of a complete ban on mini casinos in Auburn. Councilmember Barber voiced concern that the City Council may be hasty in banning card rooms tonight. She agreed with Councilmember Lewis' position. She suggested the City continue to study the ramifications of a ban before proceeding with action tonight. Councilmember Cerino expressed concern that the City of Auburn may be forced to provide additional police services if mini casinos aro allowed to locate just outside the city limits of Auburn. Councilmember Borden spoke against any further delay in taking action regarding mini casinos. Councilmember Wagner also spoke against any further delay in acting this evening. He pointed out that the City Councill will need to vote on the ordinance implementing the ban at the next City Council meeting. In response to a question from Councilmember Barber, City Attorney Reynolds advised that the current moratorium will expire on the day of the next Council meeting. The moratorium will need to be extended in order to allow time to prepare an ordinance as directed by Council and for Council action on the ordinance relating to the ban on enhanced card rooms. Mr. Reynolds advised the Council to act on Ordinance No. 5249 to extend the moratorium on commercial stimulant card games as a separate issue. At the request of City Attorney Reynolds to separate the questions regarding the moratorium and the ban on enhanced card rooms, Councilmember Borden withdrew her motion. City Attorney Reynolds road the title of Ordinance No. 5249. Page 11 City of Auburn Council Meetin;i Mira,re,= June 7, 1~,~ Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5249. MOTION CARRIED UNANIMOUSLY. 6-0. Councilmember Borden moved and Councilmember Wagner seconded to prohibit enhanced card rooms and phase out the existing card rooms within a period not to exceed five years, and instruct the City Attorney to prepare the necessary ordinance. MOTION CARRIED. 4-2. Councilmembers Cerino and Lewis voted no. Moratorium on Filinq of Applications for Business License~ and Buildin.q Permits for Food or Drink Establishment~ Conducting Commercial Stimulant Card Games o7.1 On December 21, 1998, the Auburn 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 business 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 (6) months thereafter unless repealed, renewed or modified by the City Council after a public hearing and entry of findings of fact. The City Council proposes extending the moratorium for an additional six (6) months. The public hearing on the moratorium for filing applications for businesses conducting commercial stimulant card games was conducted simultaneously with the hearing under Item II.A.1 of these minutes. Audience Participation Laurie Bulsoq, 31008 49th Avenue South, Kent, WA Page 12 City of Auburn Council Meetin;i Mim~te~_ June 7, l~g~ III. Ms. Bulson responded to Councilmember Cerino's previous comments regarding mini casinos. She stated that if card rooms locate in adjacent cities, those cities will be receiving the income and should be able to afford the appropriate police services. John Caverly, 135 15th Street SE, Auburn, WA Mr. Caverly spoke regarding juvenile curfew. He requested additional information on how the curfew ordinance will work, especially the exceptions contained in the ordinance. Mayor Booth responded that the ordinance sets forth curfew hours and the exceptions which would allow juveniles to be out during curfew hours. The parental responsibility portion of the ordinance holds the parents responsible to assist in the enforcement of the ordinance. Additionally, Councilmember Barber read a letter from the Auburn Police Guild in support of a juvenile curfew ordinance. Linda Evans, 11314 SE 313th Place, Auburn, WA Ms. Evans thanked the City Council for their decisions on gambling related issues this evening. She reported that she will be pursuing the City of Algona for similar actions related to gambling. Correspondence No correspondence was received for Council review. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Vice Chair Cerino reported the Municipal Services Committee did not meet this evening. The next regular meeting of the Municipal Services Committee is scheduled for June 21, 1999. Planninq & Community Development Chair Borden reported the Planning and Community Development Committee met May 24, 1999. The Committee discussed and recommended approval of a contract for editorial reporting services (Resolution No. 3093), an Interlocal Agreement with Pierce County, (Resolution No. 3091), and development regulations consistent with the Comprehensive Plan (Ordinance No. 5239). The Committee also discussed potential emergency amendments to the Comprehensive Plan, the Bravo Series, center arts update, funding for the Auburn Newsletter, and concerns of Shaleen Dumas regarding her proposed business in the city of Auburn. The next Page 13 City of Auburn Council Meetin;i Mim,~e~ June IV. regular meeting of the Planning and Community Development Committee is scheduled for June 14, 1999. Public Works Chair Wager reported the Public Works Committee met May 24, 1999. The Committee discussed a Iow interest loan from the Public Works Trust Fund (Ordinance No. 5240) and the traffic issue at 41st Street and "A" Street SE. The next regular meeting of the Public Works Committee is scheduled for Monday, June 14, 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, surplus property, Ordinance No. 5245, Ordinance No. 5248, and Ordinance No. 5241. The next regular meeting of the Finance Committee is scheduled for June 21, 1999 at 6:30 PM. CONSENT AGENDA A. Minutes 1. Minutes of the May 17, 1999 regular City Council meeting. City Council to correct the minutes of the May 3, 1999 regular City Council meeting, page 13, Item IV.D.1 to reflect the correct equipment number as follows: e_~_n~.~,6413A 1989 Chevrolet %Ton Pickup s/n 1GCGC24K3KE193358 FA 55000 ..... S413A B. Vouchers F4.9.2,F4.9.5 Claims Claims check numbers 141932 through 142442 in the amount of $3,036,303,05 for Period 5 and dated June 7, 1999. Payroll Payroll check numbers 252676 to 253063 in the amount of $457,219.96 and electronic deposit transmissions in the Page 14 City of Auburn Council Meeting Minutes June 7, 199,fl amount of $534,627.18 for a grand total of $991,847.14 for the pay period covering May 14, 1999 to June 2, 1999. F4.6.1 Personnel City Council to approve the surplus and disposal of Municipal Court property which is of no further use to the Court. 1 - Executive chair 22 - Hard plastic chairs 2 - Desk chairs Contract Administration Public Works Projects No. C8010, C9023, C9045 O4.6.3, o4.11.1 City Council to grant permission to advertise for bids for C8010, 1998/99 Sanitary Sewer Replacement Program, and C9023 for Industrial Bolt and C9045 for St. Matthews Water Conveyance Improvements. Public Works Project No. C8050 O4.9.1 City Council to grant permission to advertise for bids for C8050, South 316th Street - Half-Street Improvement. Small Works Project No. C8003 O4.10.2 City Council approve Final Pay Estimate No. 3, Small Works Contract 98-23, in the amount of $5,075.56 and accept construction of Project No. C8003, GSA Park Sidewalk and Illumination. Skate Park 05.2 City Council award Contract No. 99-08, Project C8068, Skate Park, to T. F. Sahli Construction on their Iow bid of $157,448.28 including Washington State sales tax. Page 15 City of Auburn Council Meetin;i Mime!e_= June VI. Councilmember Barber moved and Councilmember Wagner seconded to approve the Consent Agenda. MOTION CARRIED UNANIMOUSLY. 6-0. UNFINISHED BUSINESS There were no items under this section for City Council consideration. NEW BUSINESS Public Works Project No. PR 529 O4.9.1 City Council to grant permission to advertise Phase I of the 3~ Street SW Grade Separation Project (PR 529) subject to Washington State Department of Transportation approval. Senior Engineer Dennis Selle presented the staff report on the request to advertise Phase I of the 3rd Street SW Grade Separation Project. Mr. Selle presented a copy of the slide presentation he used for his presentation. He explained the purpose of the project is to alleviate the existing and forecasted traffic congestion at 3rd Street SW and SR 18, improve safety and access for traveling public, provide convenient access to the Auburn Commuter Rail Station, and to increase the region's rail freight mobility issues through grade separation. The project consists of two phases. Phase I includes construction of everything west of the Burlington Northern Railroad tracks. This includes the realignment of "C" Street, construction of at-grade on and off ramps at Highway 18, fill for the loop ramp, the ramp portion of the elevated off-ramp for Highway 18, and an up ramp for 3rd Street SW and a down ramp to" C" Street. The second phase of the project includes most of the work east of the railroad tracks and consists of the "A' Street loop, fill for the 3rd Street and all the bridge structures, structure of "A" Street SW, a structure over the railroad tracks, a structure to access the transit station, and two structures over "C" Street SW. Landscaping and visual treatments are also included in Phase I1. The estimated project costs are $29.29 million. To date, $8.95 million is secured. Referenum 49 funding in the amount of $10 million is anticipated July 1, 1999. The Port of Seattle contribution Page 16 Jill City of Auburn Council Meeting Minute_= June 7, 199,q in the amount of $2.12 million is anticipated July 1999. In September 1999, the City anticipates receiving $5.90 million in TEA-21 federal funding and $1.19 million from the Burlington Northern Railroad. Approximately $80,000 is anticipated in traffic mitigation fees after completion of the project. Mr. Selle pointed out that the City is approximately $1 million short in secured funding for the estimated project costs. He noted that the project budget includes $1.36 million in contingency which can be utilized if necessary. Also, a favorable bidding climate exists now for separated grade projects and the City may be able to take advantage of the market conditions. Mr. Selle then reviewed the proposed detour routes during construction. Most of the detoured traffic will be routed through the Auburn Way/SR 18 interchange. Mr. Selle summarized the rationale for proceeding with the bid advertisement for Phase I of the 3rd Street Project. The City has received approval of the biological assessment from the Fisheries Department and anticipates receiving Washington State Department of Transportation approval in June 1999 with construction beginning in July. Additionally, all right-of-way is secured, a construction management firm is under contract, and all Phase I funding will be secured prior to bid award. Additionally, the project will ensure coordination with the Commuter Rail Station opening in December 1999, will take advantage of a favorable bidding climate, and will ensure project continuity and the City's commitment to the public. Councilmember Wagner moved and Councilmember Cerino seconded to to grant permission to advertise Phase I of the 3rd Street SW Grade Separation Project (PR 529) subject to Washington State Department of Transportation approval. MOTION CARRIED UNANIMOUSLY. 6-0. Page 17 City of Auburn CouncilMeetin;i Minutes June ?, 1,~C VII. ORDINANCES AND RESOLUTIONS A. Ordinances Ordinance No. 5239 03.4.3 An Ordinance of the City of Auburn, Washington, to affirm that the existing development regulations in the Auburn Municipal Code are consistent with the City's adopted Comprehensive Plan in compliance with the Growth Management Act. Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5239. MOTION CARRIED UNANIMOUSLY. 6-0. Ordinance No. 5240 F5.2.17 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Public Works Trust Fund Loan Agreement between the City and the Washington State Department of Community, Trade and Economic Development for development of water corrosion control facilities and appurtenances. Councilmember Wagner moved and Councilmember Cerino seconded to introduce and adopt Ordinance No. 5240. MOTION CARRIED UNANIMOUSLY. 6-0. Ordinance No. 5241 O1.8 An Ordinance of the City Council of the City of Auburn, Washington, adopting a juvenile curfew and parental responsibility ordinance, reestablishing Chapter 9.50 of the Auburn City Code, establishing Findings of Fact, and setting forth penalties for violators. City Attorney Reynolds noted that the expiration date of Ordinance No. 5241 should be changed to read June 20, Page 18 City of Auburn Council Meeting Minutes June 7, 2000. He noted that the curfew ordinance will sunset on June 20, 2000 unless extended by the City Council. Councilmember Barber moved and Councilmember Wagner seconded to introduce and adopt Ordinance No. 5241 with the correction noted by City Attorney Reynolds. MOTION CARRIED UNANIMOUSLY. 6-0. Ordinance No. 5245 O1,8 An Ordinance of the City Council of the City of Auburn, Washington, repealing Auburn Ordinance Number 5165. Councilmember Barber moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5245. MOTION CARRIED UNANIMOUSLY. 6-0. For clarification of these minutes, Ordinance No. 5245 was adopted following Item V/LA. 5 of these minutes. Ordinance No. 5247 F5.2.7 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the acceptance of a grant from the Department of Ecology for the removal of underground storage tanks by the City. Councilmember Barber moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5247. MOTION CARRIED UNANIMOUSLY. 6-0. Ordinance No. 5248 O1.8 An Ordinance of the City Council of the City of Auburn, Washington, amending City Code Title 9 entitled "Public Peace, Morals and Welfare", Chapter 9.01 entitled "Specified Criminal Statutes Adopted by Reference", Section 9.01.010 entitled, "Adopted - Copies Filed and Authenticated", to add RCW Title 66, "Alcoholic Beverage Page 19 Cit~ of Auburn Council Meetin,q Minutes June 7, 1 Control" and RCW Title 69 "Food, Drugs, Cosmetics and Poisons" as adopted by reference. Councilmember Barber moved and Counciimember Wagner seconded to introduce and adopt Ordinance No. 5248. MOTION CARRIED UNANIMOUSLY. 6-0. Ordinance No. 5249 O7.1 An Ordinance of the City Council of the City of Auburn, King County, Washington, extending a moratorium on the filing of applications for business licenses and building permits for food or drink establishments conducting commercial stimulant card games and declaring an emergency. Refer to Item II.A.1 of these minutes for adoption of Ordinance No. 5249. Resolutions Resolution No. 3083 A4.19 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to provide information to the Continental Savings Bank for purchase or refinance of a City of Auburn employee's principal residence located within the Auburn School District. Ordinance No. 3083 was removed from the agenda pursuant to the recommendation of the Finance Committee. Resolution No. 3087 04.4.2 A Resolution of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn, to execute an Agreement with Collette Tours to act as tour provider for the City's Senior Center Program. Councilmember Borden moved and Councilmember Singer seconded to adopt Resolution No. 3087. Page 20 Cit~ of Auburn Council Meetinfl Mip,,t~= June 7, 19;~ MOTION CARRIED UNANIMOUSLY. 6-0. Resolution No. 3089 04.1.4, O4.9.1 PR 529 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Construction Services Agreement with TCl Cablevision of Washington, Inc., to provide for relocation of existing service cables within the area of City Project No. PR 529, known as 3rd Street SW Grade Separation/C Street SW/SR 18 Ramp Project. Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution No. 3089. MOTION CARRIED UNANIMOUSLY. 6-0. Resolution No. 3090 04.2, O4.9.1 PR 529 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 529, known as 3rd Street SW Grade Separation/C Street SW/SR 18 Ramp Project. Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution No. 3090. MOTION CARRIED UNANIMOUSLY. 6-0. Resolution No. 3091 F5.3 An Interlocal Agreement between Pierce County and the City of Auburn, relating to the use and allocation of grants for buildable lands evaluations under Revised Code of Washington (RCW) 36.70A.215. Councilmember Borden moved and Councilmember Lewis seconded to adopt Resolution No. 3091. MOTION CARRIED UNANIMOUSLY. 6-0. Page 21 City-of Auburn Council Meetin,q Minutes June 7, 1~:~ Resolution No. 3093 A5.1.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute an Agreement for Professional Journalism Services between the City of Auburn and Marjorie Rommel. Councilmember Borden moved and Councilmember Singer seconded to adopt Resolution No. 3093. MOTIOI~ CARRIED UNANIMOUSLY. 6-0. VIII. MAYOR'S REPORT IX. Executive Session Mayor Booth recessed the meeting to executive session at 10:42 PM for approximately ten minutes in order to discuss litigation. Mayor Booth indicated no action is anticipated following the executive session. Mayor Booth reconvened the meeting at 10:45 PM. ADJOURNMENT There being no further business to come before the Council this evening, the meeting adjourned at 10:45 PM. Approved on the ~/' ~ day of Charles A. Booth, Mayor ,1999. D~nielle Daskam, City Clerk Page 22 ] Illin '