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HomeMy WebLinkAbout06-21-1999 CITY OF AUBURN COUNCIL MEETING MINUTES June 21, 1999 7:30 p.m. CALL A. TO ORDER F a.q Sa ute 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, Fred Poe, Gene Cedno, and Rich Wagner. Staff members present included: Fire Chief Bob Johnson, Police Chief Dave Purdy, City Attorney Michael J. Reynolds, Planning and Community Development Director Paul Krauss, Assistant Planning Director Lynn Rued, Parks and Recreation Director Dick Deal, Finance Director Diane L. Supler, Public Works Director Christine Engler, City Engineer Dennis Dowdy, Police Commander Will Lathrop, Police Commander Bob Lee, Recreation Coordinator Sharon LaVigne, Teen Coordinator Jim Westhusing, and City Clerk Danielle Daskam. Announcements and Appointments 1. Announcements a) Proclamations (1) KidsDay Mayor Booth to present a proclamation declaring June 25, 1999 as KidsDay in the city of Auburn and announcing the Mayor-for-the- Day and KidsDay Councilmembers. Page 1 ] I City of Auburn Council Meeting Mim;tn~ June 2111999 b) c) d) e) Mayor Booth presented proclamations declaring June 25, 1999 as KidsDay to Mayor- for-the-Day Sarah Morris and Councilmembers-for-the-Day Kiersten Nunez, Jeremy Jacobus, lan Hosking (not in attendance), Rachel Holden, Jessica Morgan, Tyler King, and Preston Naylor. Auburn Pride Award Mayor Booth presented Terminal Park Elementary Principal Donna Tucker Smith with the Auburn Pride Award. Terminal Park Elementary School was recently awarded the National Blue Ribbon Award from the United States Department of Education. VVhite River Museum Awards Mayor Booth presented Museum Director Patricia Cosgrove with awards from the Washington Museum Association and the Association of King County Historical Organizations in recognition of exhibits excellence and contributions to South King County heritage. Washington Association of Senior Centers Annual Professionalism Award Mayor Booth presented Recreation Specialist Radine Lozier with the Washington Association of Senior Centers 1998-99 Annual Professionalism Award in recognition of her dedication and contributions in her career field. Youth Council Awards Mayor Booth presented Rachel Maruska, a recent graduate of Auburn Senior High School and member of the Auburn Youth Council, with awards from the King County Community Organizing Board for Teen Late Night Program and the South King County Youth Violence Committee for the "Peers Educating Peers" Program. Page 2 City of Auburn Council Meetin;I Minut~-~ June 21, 1999 I1. Appointments There were no appointments for City Council consideration. Agenda Modifications Agenda modifications included additional correspondence regarding gambling in the city of Auburn transmitted under Section II.C of these minutes, the text of Ordinance No. 5250 transmitted under Item VII.A.4 of these minutes, the addition of Ordinance No. 5256 transmitted under Item VII.A. IO of these minutes, the addition of Ordinance No. 5259 transmitted under Item VII.A.11 of these minutes, and corrected text of Ordinance No. 5260 transmitted under Item VII.A. 12 of these minutes. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearinqs Application No. V-01-99 03.9 A petition for vacation of a portion of right-of-way on the north side of 37th Street NW, approximately 200 feet east of SR 167 has been filed by two-thirds or more of the property owners abutting that portion of right-of-way sought to be vacated. City Engineer Dennis Dowdy presented the staff report on Application No. V-01-99. The applicant, Mr. Gary Volchok on behalf of Larry Benaroya, requests the vacation of right- of-way on the north side of 37th Street NW approximately 200 feet east of State Route 167. The site is also in the area where a developer has relocated the drainage of Mill Creek. No objections have been received regarding the vacation. Mr. Dowdy pointed out the area to be vacated on a map. He indicated there is no need for the right-of-way to support the street or other utilities in the near future. The vacation benefits the applicant by providing additional area for parking and meeting the City's landscaping requirements. Staff recommends approval of the vacation. Mayor Booth opened the public hearing. Page 3 I r City of Auburn Council Meetin;i Minutes June 21, lg~? Gary Volchok, 16400 Southcenter Parkway, Tukwila, WA, 98188 Mr. Volchok spoke on behalf of the present owner of the adjacent property, Mr. Larry Benaroya, who is building 386,000 square feet of buildings at the site. He requested the City Council approve the request. Councilmember Wagner moved and Councilmember Cerino seconded to close the public hearing. MOTION CARRIED. 6-0. Councilmember Poe abstained. Moratorium on filinq of applications for business licenses and buildin.q permits for food or drink establishmept.~ conductin.q commercial stimulant card ,qam~-.~* 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. The moratorium was effective upon its adoption on December 21, 1998, and continued 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. On June 7, 1999, the Auburn City Council, following a public hearing on the moratorium, adopted Ordinance No. 5249 extending the moratorium on the filing of applications for business licenses and building permits for food or drink establishments conducting commercial stimulant card games. The Ordinance was effective immediately upon adoption and will continue in effect for six (6) months thereafter unless repealed, renewed or modified by the City Council. City Attorney Reynolds presented the staff report for the hearing on the moratorium. He explained that the purpose of the public hearing is to conduct a hearing on a temporary moratorium. Anytime a city places a moratorium on any subject, a public hearing is required. The City Council previously established a moratorium for six months. Prior to Page 4 City of Auburn Council Meetin;i Minutes June 21, 1~;~ the expiration of that moratorium, the City Council then adopted another moratorium for an additional six months. This evening's public hearing is on the second moratorium. The existing moratorium will run for six months unless modified by the City Council. Also at the last meeting, the City Council directed staff to formulate an ordinance regarding gambling. The ordinance appears on the agenda this evening as Ordinance No. 5250. The Ordinance, as drafted, contains a provision for termination of the moratorium upon its passage. The Ordinance also provides for a ban on commemial stimulant card games and provides for a five year phase out for existing commemial stimulant card game operations. Mr. Reynolds noted that the regulation of gaming activities is severely restricted. The state of Washington has preempted the gaming field. The state is the regulatory agency and gives a municipality the authority to totally ban gaming operations. City Attorney Reynolds added that to allow existing commercial stimulant card game operations and ban all future commercial stimulant card game operations is an unanswered question in the current court system. However, he referred the Council to the state statute which provides that a municipality can ban all gaming operations. He further noted that the state statute provides that the State Gambling Commission cannot discriminate and cannot limit the number of gaming operations in a jurisdiction. He concluded that cities can either allow gaming operations or ban them entirely. Mr. Reynolds noted that if the City Council approves a ban, the Ordinance provides for a five-year phase out period. He noted that a number of years ago the City of Vancouver tested a two-year phase out period, which was ultimately upheld. He also noted that the City of Kent recently enacted a five-year phase out period as part of their ban on gaming operations. Mr. Reynolds stated that the purpose of the hearing is to receive comments on the continuation of the moratorium. He also suggested that the members of the audience could Page 5 City of Auburn Council MeetinR Minutes June 21, comment on Ordinance No. 5250 during the hearing since the Ordinance calls for the termination of the moratorium, Additionally, Mr. Reynolds advised that Ordinance No. 5250 will affect enhanced card rooms and other nonhouse-banked card rooms. The Ordinance does not affect non-profit organizations conducting gambling activities such as bingo. City Attorney Reynolds read the title of Ordinance No. 5250. Mayor Booth opened the public hearing. He instructed members of the audience to limit their comments to two minutes and to avoid repetitive comments. Councilmember Poe announced that although he was absent from the June 7, 1999 City Council meeting, he has reviewed the record from that meeting and listened to the recording of the proceedings. Mayor Booth asked for a show of hands from those in the audience who are in favor of a total ban of card rooms. Mayor Booth indicated there was a substantial response from the audience in favor of a total ban. Shelli Dawn Borchers, 1401 Auburn Way North, Auburn, WA Ms. Borchers identified herself as the owner of the Sorellos Espresso, located in the parking lot of Freddies Club, and a business owner in Auburn for over six years. She spoke regarding the community as a family friendly city and spoke of her safety concerns at her business location before Freddies Club opened. She expressed her belief that Freddies Club does not adversely affect the community. Ray LaPlante, 4240 "A" Street SE #613, Auburn, WA Mr. LaPlante spoke in favor of the moratorium. He referred to a recent Seattle Post-lntelligencer article on the perils of compulsive gambling. He spoke against gambling activities in the city of Auburn for the sake of the community's future children. Linda Caverly, 135 15th Street SE, Auburn, WA Ms. Caverly spoke against the moratorium. She asked the City Council to allow Freddies Club to remain in the city. Page 6 City of Auburn Council Meetin.q Minutes June 21, She pointed out that a few years ago the City Council welcomed Emerald Downs Racetrack to the city because it provided jobs and revenue. She urged the Council to leave Freddies Club in the city. Helen Johnson, 4231 South 261st Street, Kent, WA, 98032 Ms. Johnson spoke in favor of the moratorium. She stated she works for the Union Gospel Mission and has seen people addicted to gambling. She spoke against gambling in the city of Auburn and urged the Council to ban gambling. Heidi Wood, 1411 17th Street NE, Auburn, WA Ms. Wood identified herself as part owner of Sorellos Espresso located near Freddies Club. She stated that she occasionally gambles at Freddies Club and does not believe that Freddies Club adversely affects her family. Rick Kephart, 18011 2nd Street East, Sumner, WA Mr. Kephart stated that he lived in Auburn for approximately twenty-five years and recently moved to the Lake Tapps area within the Auburn School District. He spoke regarding the adverse impacts of gambling on the family, and against gambling in the city of Auburn. Torry Goben, 38 East Main Street, Auburn, WA Mr. Goben identified himself as a local business owner. He spoke against the moratorium and in favor of Freddies Club remaining in the city. Jody Wellman, 134 - 9th Street, Auburn, WA Ms. Wellman stated that her father was a compulsive gambler and an alcoholic. She spoke regarding her experiences as a child of a gambler and alcoholic. She spoke against gambling activities in the city of Auburn. Delpha Burke, 1110 East Main Street, Auburn, WA Ms. Burke identified herself as an employee of Freddies Club and a resident of Auburn for over fifty years. She expressed surprise that Freddies Club would hire someone her age, and spoke in favor of Freddies Club and the people who work there. Page 7 City of Auburn Council Meetin;i Minutes June 21, 1~,~ Delores Weaver, 17304 SE 304th Place, Auburn, WA Ms. Weaver described herself as the parent of two teenagers and a teacher for the past twenty-five years. She spoke regarding the effects of gambling on children. John Caveriy, 135 15th Street SE, Auburn, WA Mr. Caverly acknowledged gambling addiction exists as well as other forms of excess. He spoke in favor of the jobs that Freddies Club provides and against phasing out Freddies Club from Auburn. Brian Maine, 13515 SE 340th Street, Auburn, WA Mr. Maine referred to the Washington State Council on Problem Gaming findings and a 1992 survey on gambling identifying the number of problem gamblers in the state of Washington. He spoke against gambling and the adverse effects of gambling on a community. Dave Andrews, 1315 8th Street NE, Auburn, WA Mr. Andrews identified himself as the parent of two teenage sons. Mr. Andrews stated that neither the Muckleshoot Casino or Freddies Club has affected his sons and believes with the proper upbringing, Freddies will not affect children. Dykes Christensen, 2811 "R" Place SE, Auburn, WA Mr. Chistensen identified himself as a resident of Auburn for approximately nine years. He previously lived in Las Vegas, Nevada. He stated that, based on his experience, gambling provides no benefit to the community. John Slothauer, 27216 121st Avenue SE, Kent, WA Mr. Slothauer indicated he is employed at Freddies Club. He spoke regarding the proposed ban on card rooms. He pointed out that the proposed ban will only affect Freddies Club and will not affect the Muckleshoot Casino, Emerald Downs Racetrack, bingo, or the state lottery. Mayor Booth clarified that the proposed ban will affect Freddies Club as well as another card room in existence in the city. Additionally, others who may wish to come into the city would be affected. Page 8 City of Auburn Council Meetin;I Mip,te_~ June Rose Marie Borchers, 1210 Auburn Way North, Auburn, WA Ms. Borchers identified herself as a resident of Auburn for approximately seven years and an educator specializing in early childhood education. She questioned the rationality of the proposed ban when a large amount of gambling will be permitted to remain. Clynn Wilkinson, 1310 "H" Street SE, Auburn, WA Mr. Wilkinson spoke against gambling and gaming businesses. He questioned the value of the jobs created by gaming businesses. He urged the Council to ban card rooms in the city of Auburn. Ron Pullman, 6228 South 238th, Kent, WA Mr. Pullman indicated he is a business owner and homeowner in Kent. He is also the father of six children and is contemplating moving to Auburn. He questioned the reason for the ban and why the ban does not affect nonprofit organizations. He spoke regarding parents' responsibility for raising children. He pointed out that Emerald Downs solicits children to come to the racetrack while a mini-casino does not allow children. Larry Brown, 401 2nd Street NE, Auburn, WA Mr. Brown spoke against the proposed ordinance to ban card rooms. He stated that the jobs at Freddies should be valued. He spoke against the ban and stated it is unfair to force a business out of a community after it has made an investment in the community. Eric Hansen, 916 6th Street SE, Auburn Mr. Hansen expressed concern regarding the possible proliferation of gambling in the city of Auburn. He noted that the existing law provides for either a total ban of card rooms or for the city to remain open to any casino licensed by the state. He urged the City Council to ban all card rooms in the city of Auburn. Terry Brown, 451 SE 328th, Federal Way, WA Mr. Brown spoke regarding the freedom of choice and the freedom of behavior. Page 9 City of Auburn Council Meeting Mip,t,~= June 21, 1=C" Keynor Rich, 3511 Olympic Street, Auburn, WA Mr. Rich spoke against gambling in the city of Auburn. stated gambling implies a negative image for the city. He Jaimee Sin.qletary, 11829 SE 322nd Place, Auburn, WA Ms. Singletary stated she has not noticed any negative impacts in the community since Emerald Downs and Freddies Club opened in Auburn. She urged the Council to allow Freddies Club to continue in business. Vito Keike, 4324 Sunset Beach Drive NW, Olympia, WA Mr. Keike spoke on behalf of the Washington State Recreation Gaming Association. Mr. Keike spoke against an ordinance enacting a ban on card moms. He urged the Council to postpone action on the ordinance until after the state legislature in its next session addresses the gambling issues in the state of Washington. Keith Kimble, 10211 224th Avenue Court East, Buckley, WA Mr. Kimble identified himself as a resident of the area for over fifty years. He is currently assisting Freddies Club establish retirement programs for its employees, and he credited Freddies Club for providing a good benefit package for its employees. Allen Francen, 4205 Auburn Way South, Auburn, WA Mr. Francen urged the City Council to stand for work ethics, the family, and American values. Bob Utman, 22821 106th Place SE, Kent, WA Mr. Utman spoke regarding Freddies Club's contributions to the community and to nonprofit organizations. Melba Kristek, 2001 C Street SE #B, Auburn, WA Ms. Kristek advised that she has been a resident of Auburn for twenty-three years. She spoke against gambling in the city of Auburn. Scott Switze[, 1300 Supermall Way, Auburn, WA Mr. Switzer presented copies of a petition signed at Freddies Club containing approximately 570 signatures of those people in favor of Freddies Club continuing in business in Page 10 City of Auburn Council Meetin.q Minutes June 21, 19~ the city of Auburn. Mr. Switzer spoke in favor of Freddies Club and Funsters. He urged the Council to follow through with its commitment to Freddies Club and Funsters. Ralph Davis, 13206 SE 339th Street, Auburn, WA Mr. Davis spoke against gambling in Auburn. He read from an article that counties thinking about allowing casinos should not bet on the jobs created to lower the overall crime rate. According to a study performed at the Universities of Illinois and Georgia, it takes awhile for the crime rate to climb after a casino locates in a community. Chris Keeley, 8200 Tacoma Mall Boulevard, Tacoma, WA Mr. Keeley advised that he works in the mini-casino industry. He questioned the validity of crime statistics reported in the study referred to by an earlier speaker. He referred to studies performed in 1992 and 1998 that reveal the addiction to gambling in Washington State decreased from 5.1% to 5.0%. He also noted that although card rooms represent five percent of the gambling revenue for the state, card rooms provide fifty percent of the contributions to the gambling addicts' assistance organizations. Lisa Wilkinson, 1310 "H" Street SE, Auburn, WA Ms. Wilkinson spoke in favor of a total ban on card rooms in the city of Auburn and urged the City Council to adopt Ordinance 5250. Scott Steohens. 11528 SE 323rd Place, Auburn Mr. Stephens identified himself as a resident of the Lea Hill area. He believes the gambling issue is a question between quality of life and economics, and the resolution will determine the demographics of Auburn in the future. He noted that since the construction of the Muckleshoot Casino in Auburn, degradation of the neighborhoods is evident and will continue if additional mini-casinos are allowed in the city. Mr. Stephens advised that he would not shop in Auburn or agree to annex to the city of Auburn if additional casinos are allowed in Auburn. Page 11 I City of Auburn Council Meetin;I Minutes June 21, 1~" Ruth Stewart, 202 29th Street NW, Auburn, WA Ms. Stewart urged the City Council to adopt a ban on card moms and phase out existing card moms. She spoke regarding the potential impact of gambling on youth. Ray Orm, 229 SW 41st Street, Renton, WA Mr. Orm advised that he owns a business which installs surveillance systems in hotels, motels, mini-casinos, as well as other businesses. He installed the surveillance equipment at Freddies Club in Auburn. He noted that at the last State Gambling Commission meeting, the waiting list for card room licenses included twenty-four applicants, none of which were in Auburn. He encouraged the City Council to postpone action on the ban until after the state legislature addresses the card room issue during the next legislative session. Audrey Merrill, 27810 32nd Place South, Auburn, WA Ms. Merrill identified herself as a long-time area resident and an employee of Freddies Club. She spoke in favor of allowing Freddies Club to remain in Auburn. Lance Strickland, 3611 Auburn Way South, Auburn, WA Mr. Strickland spoke in favor of banning mini-casinos in the city of Auburn. He urged the City Council to impose a ban on mini-casinos. Susan Norris, 11247 SE 325th, Auburn, WA Ms. Norris advised she previously lived in Missouri where riverboat gambling was permitted. She spoke of increases in crime and suicides in Missouri after riverboat gambling started. She also indicated she is a resident of the Lea Hill area and will consider moving from the Auburn ama if card moms are permitted in Auburn. Melissa Erickson, 535 "M" Street NE, Auburn, WA Ms. Erickson spoke against gambling in the city of Auburn. She expressed her belief that gambling will bring additional crime and violence to the city of Auburn. Page 12 City of Auburn Council Meetinq Minutes June 21, t999 Sabrina Clasen, 3102 "L" Street NE, Auburn, WA Ms. Clasen spoke against increased gambling in Auburn. She stated she does not feel threatened by the casinos that exist now, but believes additional casinos may affect her decision to pumhase a home in the area. Scott Brooke., 1011 17th Street NE, Auburn, WA Mr. Brooke stated that all studies reveal that gambling is detrimental to a community and cannibalizes other businesses in the area. He spoke in favor of a ban on gambling in the city of Auburn. Ron Larson, 31209 117th Place, Auburn, WA Mr. Larson commented that gambling provides no benefit to the City of Auburn. Tony Johns, 28105 19th Avenue East, Roy, WA Mr. Johns disclosed that he works in the security department at Freddies Club in Auburn. He perceived the objections to gambling expressed this evening are based on fear caused by a lack of knowledge about the casino industry. He also commented on the type of customer that frequents Freddies Club. Linda Evans, 11314 SE 313th Place, Auburn, WA Ms. Evans spoke against gambling in Auburn. She stated that gambling cannibalizes local businesses, triggers addiction, attracts crime, and is a bad example to children. She cited the state constitution that cities are vested with authority to enact ordinances in furtherance of the public health, safety, morals and welfare. She urged the City Council to adopt an ordinance to prohibit mini-casinos and phase out the existing card rooms. She pointed out that the City Attorney advised that the City has only two legal options, either to allow free access to all license holders or to ban social card games. She spoke against "grandfathering" Freddies Club as it may jeopardize the ban. Page 13 City of Auburn Council Meetin;I Minutes June 21, 1999 Eldene Kossel, 1001 17th Street SE #611, Auburn, WA Ms. Kossel advised she is sixty-four years of age. She spoke against any form of legalized gambling in the state of Washington. At 9:40 PM, Mayor Booth recessed the meeting for a five- minute intermission. At 9:45 PM, Mayor Booth reconvened the meeting. Mayor Booth announced that because of time constraints this evening, he would limit further comments to a maximum of five speakers each in support of and against the moratorium. Jeremy Bosar.qe, 30616 152nd SE, Kent, WA Mr. Bosarge advised that he attends Auburn schools. He spoke in favor of a moratorium on gambling in the city of Auburn. Gaylyn Shoemaker, 35822 166th Lane SE, Auburn, WA Ms. Shoemaker spoke against gambling in the city of Auburn and stated Auburn has an image problem. She asked the City Council to vote for a ban on card rooms. Baron Strangfellow, 31331 11th Place South, Federal Way, WA Mr. Strangfellow announced that he has worked for Freddies Club security for approximately two years. He spoke regarding freedom of choice and free enterprise. He also spoke regarding the contributions made by Freddies Club to charitable organizations and to the community. Jan Stafford, 31915 162nd Place SE, Auburn, WA Ms. Stafford spoke of a study which revealed that crime increases twenty percent in cities that have gambling. She asserted that gambling is dangerous to the citizens. She urged the Council to ban mini-casinos in Auburn. Daniel Allenma¥, 1310 24th Street SE, Auburn, WA Mr. Allenmay announced he is the father of seven children. He declared that the City is responsible to provide for the moral safety of its citizens. He encouraged the City Council to adopt Ordinance No. 5250. Page 14 City of Auburn Council Meetin;I Minutes June 21, 1999 Heather Lee., 1300 Supermall Bouelvard, Auburn, WA Ms. Lee stated that it is parents' responsibility to raise children. She objected to identifying gambling as the root of all evil. She cited other forms of addiction and excess such as alcohol and tobacco. Carroll Wagner, 11204 SE 320th Place, Auburn, WA Ms. Wagner revealed she has a Bachelor's degree in psychology and a Master's degree in business. She spoke regarding types of reward schedules identified by psychologists and related them to gambling. She also stated that she has not seen any benefit from the casinos in Auburn. Frank Schmitt, 30114 114th Place SE, Auburn, WA Mr. Schmitt disclosed that he has been a friend of Fred Steiner, owner of Freddies Club, for over twenty-five years. He described Freddies Club as an asset to Auburn. Michael Storms, 1910 217th Avenue Court East, Sumner, WA Mr. Storms remarked that gambling is an individual choice. He spoke in favor of retaining Freddies Club in the city of Auburn. Phillip Plowright, 5805 98th Avenue Northwest, Gig Harbor, WA Mr. Plowright advised that he is employed by Freddies Club and has worked in the gaming industry for twenty-seven years. He spoke in favor of retaining Freddies Club since they have made a commitment to the community. Councilmember Borden moved and Counciimember Cerino seconded to close the public hearing. MOTION CARRIED UNANIMOUSLY. 7-0. Councilmember Borden expressed regret that the moratorium issue has become a referendum on Freddies Club. She reminded that there are other businesses that want to come to Auburn to open mini-casinos. Page15 City of Auburn Council Meetin;i Minutes June 21, 1999 Councilmember Borden moved and Councilmember Barber seconded to introduce and adopt Ordinance No. 5250. Councilmember Lewis commented that the state legislature and State Gambling Commission have caused the mini- casino dilemma that cities are now trying to address. Councilmember Lewis moved and Councilmember Poe seconded to amend Ordinance No. 5250 as follows: Page 3, delete line 8 through line 15; page 4, Section 3, to read "Those establishments currently licensed by the Washington State Gambling Commission and/or lawfully operating in the City as of June 7, 1999, may continue to operate social card games as a commercial stimulant." with the remainder of Section 3 deleted. Councilmember Wagner acknowledged that City Attorney Reynolds has advised that the amendment may not be legal according to the State Attorney General Office opinion. Councilmember Wagner disagreed that the opinion is clear on whether the City can place a ban on any new casinos while allowing those that are currently licensed to continue. Following discussion regarding the moratorium, Councilmember Lewis amended his motion to include deletion of Section 6 and modify Section 7 to read: "If any provision of this ordinance is determined to be invalid or unenforceable for any reason, the remaining provisions shall remain in force and in effect and the moratorium established in Ordinances 5249 and 5198 shall be in effect." Councilmember Poe concurred with the amended motion. Councilmember Poe spoke in favor of the motion. He stated that he would prefer not to have gambling establishments in Auburn, but believes it is unfair to ban a business that has made a commitment to the community. Page 16 City of Auburn Council Meetin;! Minutes June 21, 1999 Councilmember Lewis spoke in favor of the motion which will honor the commitments made and ensure that no further mini-casinos locate in the city. Councilmember Cerino spoke in favor of the motion. He expressed concern with fiscal issues for the City and indicated he would vote for the amendment. Councilmember Borden expressed concern with the legality of the proposed amendment, Councilmember Barber spoke in favor of the amendment. She spoke in favor of allowing Freddies and Funsters in the city and to ban any further card rooms in the city. Councilmember Singer disagreed with Councilmember Borden's comment that the amendment would not be upheld opening up the city to proliferation of gambling. She pointed out that the severability and invalidity clause of the ordinance provides that if any portion of the ordinance is found to be unenforceable, the remaining sections of the ordinance would remain in effect and the ordinance would revert to a total ban on card rooms. City Attorney Reynolds cautioned that since the ordinance provides that some card rooms are allowed while new card rooms are banned, the State Gambling Commission may interpret the ordinance as being void entirely. Since the Gambling Commission is the licensing agency, they may process licenses when the moratorium expires. Councilmember Poe suggested the City extend the moratorium until the state addresses the issue of mini- casinos. City Attorney Reynolds advised that the State Gambling Commission will not have their permanent rules on card rooms promulgated for another year. Councilmember Borden questioned why the Councilmembers supporting the amendment are treating Funsters the same as Freddies Club. She noted that Funsters has applied for a license but does not have a building in Auburn. Page 17 City of Auburn Council MeetinR Minutes June 21, 1999 Councilmember Cerino responded that Funsters has made a considerable investment in engineering, architectural, and land acquisition costs in the city of Auburn. In response to a question from Councilmember Borden, Planning and Community Development Director Krauss stated that City staff have had a preapplication meeting with the proponents of Funsters, but to the best of his knowledge no permits or further actions have occurred since then. Councilmember Poe remarked that the Council was advised previously that Funsters was grandfathered into the process. Councilmember Barber recalled that during discussion of the first moratorium, the Council determined that Funsters was vested. After further discussion, City Attorney Reynolds suggested additional language to the severability clause of Ordinance No. 5250. He suggested the section read: "If any provision of this ordinance is determined to be invalid or unenforceable for any reason, the remaining provisions shall remain in force and in effect and the moratorium established under Ordinance 5249 and Ordinance 5198 shall be in effect and shall run (6) months from the date of the determination of the invalidity or unenforceability." Councilmember Lewis and Councilmember Poe agreed to include the language in the motion to amend. MOTION TO AMEND ORDINANCE NO. 5250 CARRIED. 6- 1. Councilmember Borden voted no. MOTION TO ADOPT ORDINANCE NO. 5250, AS AMENDED, CARRIED UNANIMOUSLY. 7-0. Page 18 I r City of Auburn Council Meetin;i Minutes June 21, 1999 Audience Participation Judi Roland, 1015 Pike Street NE, Auburn, WA Ms. Roland identified herself as president of Homes by Judi. She requested the City Council vote in favor of the emergency Comprehensive Plan amendments regarding the Level of Service for transportation within the city of Auburn. The emergency amendment will allow the City of Auburn to build and develop in a positive direction. Ms. Roland indicated she is willing to pay a fair share of the transportation costs for development in the Lakeland area. Councilmember Wagner read for the benefit of Ms. Roland an excerpt from the April 29, 1998 Lakeland Annexation and Utilities Agreement regarding transportation fees. He recited the four fee amounts contained in the Agreement related to transportation agreed to by The Lakeland Company. Councilmember Wagner asked for a response from Ms. Roland regarding the fees. Ms. Roland indicated that Homes by Judi has been willing to work with various jurisdictions regarding various fees. She indicated that the fees appear to be fair. Alan Keimi.q, 218 "A" Street NW, Auburn, WA Mr. Keimig spoke on behalf of the Thistle Development Group, which is working to develop a retail space in South Auburn. He requested the City Council approve the emergency Comprehensive Plan amendments. He also asked the City Council to make the transportation mitigation fees reasonable and representative of the project and its impact on the City's infrastructure. Councilmember Wagner asked Mr. Keimig's opinion on whether the transportation fees quoted earlier are acceptable. Mr. Keimig responded that the fees appear to be on the high end of the range acceptable to the developer. He stressed that the project impacts thirteen vehicular trips in the peak hour. In response to a question from Councilmember Lewis, Mr. Keimig estimated the gross retail feet for the project to be 22,000 square feet. Page 19 City of Auburn Council Meetinq Minutes June 2t, 1999 Bob Bailey, 5303 228th Avenue NE, Redmond, WA Mr. Bailey spoke in support of the proposed emergency Comprehensive Plan amendments. Mr. Bailey advised that he owns the property that Judi Roland is looking to develop. Steven Grassi, Kussman Associates, PO 1705, Bothell, WA Mr. Grassi advised that his firm represents Michael R. Maestro Properties, which plans to develop a 124-unit apartment project referred to as Mill Pond Apartments at Mill Pond Drive and 47th Street SE. A traffic study was prepared for the project which determined that the project would contribute approximately 1.2% of the traffic at the intersection of "A' and 41st Street SE. The development is in jeopardy because an acceptable Level of Service cannot be met whether the project is built and despite the developers intent to pay mitigation fees to offset traffic impacts. Mr. Grassi indicated the project would generate 54 vehicles per hour out of the total of 4,384 vehicles per hour entering the intersection. The development will be contributing a proportionate share toward signalization at the intersection of East Valley Highway and Lakeland Hills Way. Mr. Grassi asked that the City Council approve the emergency Comprehensive Plan amendments to reduce the Level of Service at the intersection of "A" Street and 41st Street SE. Correspondence An e-mail message received June 14, 1999 addressed to Mayor Booth and City Council from Mr. and Mrs. Mike Carter regarding gambling in the city of Auburn. A letter dated June 11, 1999 addressed to the City Council from RosaLee Schmidt regarding gambling in the city of Auburn. A letter dated June 15, 1999 addressed to Mayor Booth from Dean and Elizabeth Dickson regarding gambling in the city of Auburn. An e-mail message received June 14, 1999 addressed to Mayor Booth from Jon Evans regarding gambling in the city of Auburn. Page 20 City of Auburn Council Meetin;] Minutes June 21, 1999 10. 11. 12. 13. 14. 15. An e-mail message received June 15, 1999 addressed to Mayor Booth from Kim Beecher regarding gambling in the city of Auburn. An e-mail message received June 15, 1999 addressed to Mayor Booth and City Council from Greg Roche regarding gambling in the city of Auburn. An e-mail message received June 16, 1999 addressed to Mayor Booth from Dennis Brooke regarding gambling in the city of Auburn. A letter dated June 17, 1999 addressed to Mayor Booth from Lori Payne regarding gambling in the city of Auburn. An e-mail message received June 18, 1999 addressed to Mayor Booth from Gaylyn Shoemaker regarding gambling in the city of Auburn. A letter received June 21, 1999 addressed to Mayor Booth from Ray LaPlante regarding gambling in the city of Auburn. A letter dated June 18, 1999 addressed to Mayor Booth from John Tometich regarding gambling in the city of Auburn. An e-mail message received June 21, 1999 addressed to Mayor Booth and members of the City Council regarding gambling in the city of Auburn. An e-mail message received June 21, 1999 addressed to Mayor Booth from Kay Criddle regarding gambling in the city of Auburn. An e-mail message received June 21, 1999 addressed to Councilwoman Barber from Denise Dunham regarding gambling in the city of Auburn. An e-mail message received June 21, 1999 addressed to Mayor Booth from Timm Stone regarding gambling in the city of Auburn. Page 21 City of Auburn Council Meetin.q Minutes June 21, 1999 II1. 16. An e-mail message received June 21, 1999 addressed to Mayor Booth from Jerilee Stone regarding gambling in the city of Auburn. 17. An e-mail message received June 21, 1999 addressed to Mayor Booth from Frances Lust regarding gambling in the city of Auburn. 18. An e-mail message received June 21, 1999 addressed to Mayor Booth from Linda Bielejec regarding gambling in the city of Auburn. 19. An e-mail message received June 21, 1999 addressed to Mayor Booth and Councilmembers from Caroline Wilson regarding gambling in the city of Auburn. 20. An e-mail message received June 21, 1999 addressed to Mayor Booth from Richard and Janice Osborn regarding gambling in the city of Auburn. 21. An e-mail message received June 21, 1999 addressed to Mayor Booth and City Councilmembers from Hugh Degler regarding gambling in the city of Auburn. 22. An e-mail message received June 21, 1999 addressed to Mayor Booth from Amy Lynn Galati regarding gambling in the city of Auburn. 23. An e-mail message received June 21, 1999 addressed to Mayor Booth from Gary J. Hyatt regarding gambling in the city of Auburn. 24. An e-mail message received June 21, 1999 addressed to Mayor Booth from Ryan and Kim Anderson regarding gambling in the city of Auburn. COUNCIL COMMITTEE REPORTS A3.7.6 A. Municipal Services Chair Poe reported the Municipal Services Committee met this evening at 5:30 PM. The Committee discussed and recommended approval of Ordinance No. 5243 effecting changes to Auburn City Page 22 City of Auburn Council Meetin;i Minutes June 2t, 1999 IV. Code Chapter 8.08 and Resolution No. 3095 authorizing a Consultant Services Agreement with 3-H Cable Consultants to provide additional administrative support services. The Committee also discussed Valley Communications relocation, police wireless equipment, and airport hanger construction. The next regular meeting of the Municipal Services Committee is scheduled for Tuesday, July 6, 1999 at 6:00 PM. Planning & Community Development Chair Borden reported the Planning and Community Development Committee did not meet. The next regular meeting of the Planning and Community Development Committee is scheduled for June 28, 1999 at 6:30 PM. Public Works Chair Wagner reported the Public Works Committee met June 14, 1999. The Committee discussed and recommended approval of several contract administration items that appear on this evening's agenda. The Committee received information on a project referred to as OB Sports and involves a possible transfer of water rights. The next regular meeting of the Public Works Committee is scheduled for June 28, 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, Ordinance No. 5251, and Ordinance No. 5255. The Committee also discussed the information services technology plan, Valley Communications, and wireless technology. The next regular meeting of the Finance Committee is scheduled for July 6, 1999 at 6:30 PM. CONSENT AGENDA A. Minutes 1. Minutes of the June 7, 1999 regular City Council meeting. Page 23 Ir r City of Auburn Council Meetin;! Minutes June 21, 1999 B. Vouchers. F4.9.2,F4.9.5 Claims Claims check numbers 142449 through 142974 in the amount of $1,673,380.47 for Period 6 and dated June 21, 1999; and a wire transfer (Sequence No. 990607002131) to King County Library System in the amount of $86,194.29. Payroll Payroll check numbers 253067 to 253370 in the amount of $630,614.01 and electronic deposit transmissions in the amount of $552,345.22 for a grand total of $1,182,959.23 for the pay period covering June 3, 1999 to June 15, 1999. Contract Administration Public Works Project No. C8046 O4.8,1 C8046 City Council to grant permission to advertise for bids for Public Works Project No. C8046, Central Storm Drainage Improvements 1 B, "H" Street NW. Public Works Project No. PR 601 O4.11.1 PR 601 City Council to reject all bids received for Contract No. 99- 02, Public Works Project No. PR 601, Algona Intertie. Small Works Project No. C8027 O4.8.1 C8027 City Council to award Contract No. 99-10, Small Works Project No. C8027, West Hill Springs Improvements, to Nordic Construction on their Iow bid of $59,744 plus Washington State sale tax of $5,137.98 for a total contract price of $64,881.98. Public Works Proiect No. PR 628 O4.11,1 PR 628 City Council to approve Contract Change Order No. 2, in the amount of $22,313.00, Contract No. 98-03, for additional costs associated with Public Works Project No. PR 628, Lakeland Hills Booster Pump. Page 24 I' City of Auburn Council Meetin;i Minutes June 21, 1999 Public Works Project No. C8062 O4.11.1 C8062 City Council to approve Final Pay Estimate No. 3, Contract No. 98-37, in the amount of $40,435.08 to Holt Drilling, and accept construction of Public Works Contract No. 98-37, Project No. C8062, Well No. 6. Public Works Project No. PR 615 o4.11.1 PR615 City Council to approve Contract Change Order No. 2 in the amount of $8,254.00, Final Pay Estimate No. 7 in the amount of $33,817.63 to C. A. Goodman, and accept construction of Public Works Contract No. 98-11, Project No. PR 615, Lea Hill Intertie-Green River Crossing. Public Works Project No. C8016 O4.11.1 C8016 City Council to approve Contract Change Order No. 2 in the amount of $65,788.00, Contract No. 98-21, for additional costs associated with Public Works Project No. C8016, Water Main and Pedestrian Facility Improvement. Auburn Municipal Airport Hanger Construction 04.4.9.2 City Council to grant permission to advertise for bids for the construction of forty (40) metal aircraft hangers at the Auburn Municipal Airport. Amendments to Airport Improvement Project Contracts No. 3-53~0003-08 and No. 3-53-0003-09 with W & H Pacific Inc 10. 04.4.9.4 City Council to approve amendments to Airport Improvement Project Contracts No. 3-53-0003-08 and No. 3-53-0003-09 with W & H Pacific Inc. Phase II of Centennial Niche Wall O4.4.10.1 City Council to grant permission to advertise for bids for the construction of Phase II of the Centennial Niche Wall at Mountain View Cemetery. Page 25 I: I City of Auburn Council Meetin9 Minutes June 21, 1999 VI. Councilmember Barber moved and Councilmember Singer seconded to approve the Consent Agenda. MOTION CARRIED UNANIMOUSLY. 7-0. UNFINISHED BUSINESS There were no items under this section for City Council review. NEW BUSINESS Application No. CPA0001-99 - Emeroencv Comorehensive Plan Amendments* 03.4.3 Comprehensive Plan amendments are proposed to address critical issues regarding Level of Service (LOS) for transportation and the Endangered Species Act. Due to the timeliness of these issues, the City cannot delay action on these items until the annual Comprehensive Plan amendment process. Refer to Item VII.A.7 of these minutes for action on the emergency Comprehensive Plan amendments. VII. ORDINANCES AND RESOLUTIONS A. Ordinances Ordinance No. 5243 04.7 An Ordinance of the City Council of the City of Auburn, King County, Washington, amending Ordinance 5212, for the purposes of acting on separately, and restating, the changes to the Solid Waste Chapter 8.08 Auburn City Code for the purpose of making substantive changes, including but not limited to, mandatory collection. Councilmember Wagner moved and Councilmember Cerino seconded to introduce and adopt Ordinance No. 5243. MOTION CARRIED UNANIMOUSLY. 7-0. Page 26 Ir r City of Auburn Council Meetin;; Minutes June 21,199,9 Ordinance No. 5244 03.9 v-01-99 An Ordinance of the City Council of the City of Auburn, Washington, approving the vacation of a portion of right-of- way on the north side of 37th Street NW, approximately 200 feet east of SR 167, within the city of Auburn, Washington. Councilmember Wagner moved and Councilmember Cerino seconded to introduce and adopt Ordinance No. 5244. MOTION CARRIED. 6-0. Councilmember Poe abstained. Ordinance No. 5246 O4.10 An Ordinance of the City Council of the City of Auburn, Washington, amending Chapter 10.02 entitled "Commute Trip Reduction (CTR) Plan" to incorporate changes made to the State CTR Law per RCW 20.94.521-551 and the CTR Task Force Guidelines, amending Chapter 1.25 entitled "Civil Penalties for Violations," to provide civil penalties for violation of Auburn City Code Chapter 10.02, and amending Chapter 10.36 Section 090 entitled "Two-hour Parking Zones," and Section 500 entitled "Passenger Loading Zones" to create a loading zone on a portion of Auburn Avenue to facilitate access to the wheelchair ramp for Auburn Regional Medical Center. Councilmember Wagner moved and Councilmember Cerino seconded to introduce and adopt Ordinance No. 5246. MOTION CARRIED UNANIMOUSLY. 7-0. Ordinance No. 5250 O7.1 An Ordinance of the City of Auburn, King County, Washington, prohibiting social card games conducted as a commercial stimulant; establishing a five year phase out of existing social card games conducted as commercial stimulant; establishing penalties for violation; terminating a moratorium on social card games conducted as a commercial stimulant. Page 27 City of Auburn Council Meeting Minutes June 2111999 Please see Item II.A.2 of these minutes for action on Ordinance No. 5250. Ordinance No. 5251 F4.7 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the transfer of funds for the purpose of making a loan or loans from the General Fund and/or the Cumulative Reserve Fund to the Arterial Street Fund for up to a three-year period of time. Councilmember Barber moved and Councilmember Wagner seconded to introduce and adopt Ordinance No. 5251. Councilmember Wagner advised that Ordinance No. 5251 was discussed in detail by the Finance Committee and noted the ordinance authorizes the use of most of the liquidity of the General Fund to support the 3rd Street Project. Mayor Booth added that the costs for purchase of properties around the "C' Street/SR 18 interchange will be reimbursed over a six-year period of time which is a change in expectation. Mayor Booth stated he will closely monitor expenditures for the project. MOTION CARRIED UNANIMOUSLY, 7-0. Ordinance No. 5252 F5,3 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the acceptance, appropriation and expenditure of 1998 Prehospital Participation Grant Funds in the amount of One Thousand Two Hundred Dollars ($1,200.00) from the Washington State Department of Health for use as an offset against full time EMT employees wages and benefits. Councilmember Poe moved and Councilmember Cerino seconded to introduce and adopt Ordinance No. 5252. MOTION CARRIED UNANIMOUSLY. 7-0. Page 28 City of Auburn Council Meetin.q Minutes June 21, 1999 Ordinance No. 5253 03.4.3 An Ordinance of the City Council of the City of Auburn, Washington, relating to planning; adopting emergency Comprehensive Plan text amendments pursuant to the provisions of R.C.W. Chapters 36.70A and 36A.63 of the laws of the state of Washington; designating these amendments as guidelines for exercising the City's authority under the Washington State Environmental Policy Act (SEPA); directing that this ordinance and the Comprehensive Plan amendments it adopts and approves be filed with the Auburn City Clerk and be available for public inspection. Councilmember Borden moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5253. Councilmember Wagner noted the comments made by three developers under audience participation this evening. He expressed concern that the City will not collect the appropriate amount of traffic mitigation fees from those developments under the City's current system. He also commented that the emergency change to Level of Service F at the intersection of 41st Street would primarily benefit the three developments. Councilmember Wagner moved and Councilmember Poe seconded to amend Ordinance No. 5253 to include the following language: "Any development that impacts the 41st Street intersection will pay mitigation fees the same as the Lakeland resolution of April 29, 1998." MOTION CARRIED UNANIMOUSLY. 7-0. MOTION TO ADOPT ORDINANCE NO. 5253, AS AMENDED, CARRIED UNANIMOUSLY. 7-0. Page 29 City of Auburn Council Meetin;i Minutes June 21, 1999 10. Ordinance No. 5254 O3.10.1 CUP0001-99 An Ordinance of the City of Auburn, Washington, amending Ordinance No. 5238 passed May 17, 1999, to correct a scrivener's error. Councilmember Borden moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5254. MOTION CARRIED UNANIMOUSLY. 7-0. Ordinance No. 5255 F4.7 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the transfer of funds for the purpose of making a loan or loans from the Sewer Fund (Fund No. 431) and/or the Storm Fund (Fund No. 432) to the Water Fund (Fund No. 430) for up to a three-year period of time. Councilmember Barber moved and Councilmember Wagner seconded to introduce and adopt Ordinance No. 5255. MOTION CARRIED UNANIMOUSLY. 7-0. Ordinance No. 5256 O1.8 An Ordinance of the City Council of the City of Auburn, Washington, repealing Ordinance 5245 which repealed Auburn Ordinance 5165 authorizing impoundment of vehicles when operator is driving while license suspended and providing for a hearing and administrative fees and adopting state legislative findings as Ordinance 5245 did not contain an effective date and enacting a new ordinance repealing Ordinance 5165. Councilmember Barber moved and Councilmember Lewis seconded to introduce and adopt Ordinance No. 5256. MOTION CARRIED UNANIMOUSLY. 7-0. Page 30 City of Auburn Council Meetin;I Minutes June 21, 1999 11. 12. Ordinance No. 5259 O1.8 An Ordinance of the City Council of the City of Auburn, Washington, repealing Ordinance Number 5248 as it contained an incorrect effective date and enacting a new ordinance amending Auburn City Code Section 9.01.010 entitled, "Adopted - Copies Filed and Authenticated", contained in Chapter 9.01 entitled "Specified Washington Criminal Statutes Adopted by Reference", which is contained in Title 9 entitled "Public Peace, Morals and Welfare", to add references to RCW Title 66 "Alcoholic Beverage Control" and RCW Title 69 "Food, Drugs, Cosmetics and Poisons." Councilmember Barber moved and Councilmember Wagner seconded to introduce and adopt Ordinance No. 5259. MOTION CARRIED UNANIMOUSLY. 7-0. Ordinance No. 5260 F4.3 An Ordinance of the City Council of the City of Auburn, Washington, authorizing the acceptance of certain equipment from King County, the recipient of U.S. Department of Justice monies under the State and Local Domestic Preparedness Equipment Support Program project, to respond to terrorist incidents involving weapons of mass destruction, and authorizing the Mayor and City Clerk to execute the certifications and assurances document and the Distribution Agreement required of sub-recipients of equipment purchased with federal funds under the State and Local Domestic Preparedness Equipment Support Program Project, Award No. 98-TE-CX-0016. Councilmember Poe moved and Councilmember Singer seconded to introduce and adopt Ordinance No. 5260. MOTION CARRIED UNANIMOUSLY. 7-0. Page 31 City of Auburn Council Meetin;i Minutes June 21, 1999 B. Resolutions Resolution No. 3092 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 of Auburn and Generco, Inc. Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution No. 3092. MOTION CARRIED UNANIMOUSLY. 7-0. Resolution No. 3094 O3.4.1.14, 04.10 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn to execute an Agreement for Professional Services between the City and TModel Corporation, for the purpose of updating, calibrating, and documenting the City's Transportation Model. Councilmember Wagner moved and Councilmember Cerino seconded to adopt Resolution No. 3094. MOTION CARRIED UNANIMOUSLY. 7-0. Resolution No. 3095 O4.1.3, O4.15 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn to execute an Agreement for Consultant Services between the City and 3-H Cable Communications Consultants, for the purpose of providing telecommunications administrative support services. Councilmember Poe moved and Councilmember Cerino seconded to adopt Resolution No. 3095. MOTION CARRIED UNANIMOUSLY. 7-0. Page 32 City of Auburn Council Meetin;j Minutes June 21, 1999 Resolution No. 3096 O4.1.4 A Resolution of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn, to execute Addendum II, extending the date for construction and operation of a public access facility room from July 1, 1999 to September 1, 1999, to the non-exclusive Franchise Agreement between the City of Auburn, Washington and TCI Cablevision of Washington, Inc., to operate a cable television system within the city of Auburn, Washington, which Agreement was approved on May 3, 1993 by Resolution 2409, which Agreement was amended by Addendum I extending the date of completion of certain franchise provisions under Section 5 and amending Section 8 and approved on June 15, 1998 by Resolution 2972. Councilmember Poe moved and Councilmember Cerino seconded to adopt Resolution No. 3096. MOTION CARRIED UNANIMOUSLY. 7-0. Resolution No. 3097 A5.1.1 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute an Agreement for printing and distribution of the City newspaper, between the City of Auburn and the Aubum Reporter. Councilmember Borden moved and Councilmember Singer seconded to adopt Resolution No. 3097. MOTION CARRIED UNANIMOUSLY. 7-0. VIII. MAYOR'S REPORT City of Auburn vs, Burlin,qton Northern Railroad Company City Attorney Reynolds briefly reported that the United States Supreme Court did not grant the City's Petition for Writ of Certiorari. Page 33 City of Auburn Council Meeting Minutes June 21, 1999 Executive Session No executive session was held this evening. IX. ADJOURNMENT There being no further business to come before the Council this evening, the meeting adjourned at 11:10 PM. Approved on the ~ -'~'~'~'~'~'~'~'~'~- day of ~/')./z~ , 1999. 67- / Charles A. Booth, Mayor Page34