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HomeMy WebLinkAbout08-09-1999CITY OF AUBURN PUBLIC WORKS COMMITTEE MINUTES AUGUST 9, 1999 I. CALL TO ORDER The meeting was called to order at 4:35 p.m. Those in attendance were Mayor Booth, Council/Committee member Fred Poe chairing the meeting for Committee Chairman Rich Wagner, whose absence was excused, Council/Committee member Gene Cerino, and Councilmember Pete Lewis substituting for Wagner. Staff in attendance were City Engineer Dennis Dowdy, Traffic Engineer Steve Mullen, Project Engineer Les Brattain, City Attorney Mike Reynolds, Planning Director Paul Krauss, Finance Director Diane Supler, Engineering Aide Pare Miller. Guests in attendance were Paul, Dawn, and Nicholas Shirron; Dick Richards; Norm Henke; Roger Thordarson; Joan Petersen; Connie Henke; Mike Harbin; Kathy Wilson; Darren Grafe; Jeff Maesner; Karen Merkt; Walter Woodward; Paul Richardson; Paul Bolder; Don Gardner. II. CONSENT A. *RIGHT-OF-WAY USE PERMIT NO. 99-21, HOME PLATE TAVERN Right-of-Way Use Permit No. 99-21 was submitted by the Home Plate Tavern' for use of the sidewalk located on the west side of B Street SE for a beer garden in conjunction with Auburn Good O1' Days. Right-of-Way Use Permit 99-21 conflicts with Permit No. 99-7, which was approved by the Public Works Committee on February 8, 1999, and included use of B Street SE from Main Street to the Safeway parking lot. At that time, the Committee asked if the permit precluded downtown businesses from applying for individual permits. Staff responded that the City Attorney had recommended that one permit be issued to the Good O1' Days Committee, with individual businesses being sanctioned through them. Correspondence from the Good O1' Days Committee to all businesses, dated June 30, 1999, invited the businesses to participate and will "... attempt to grant each business a 3'x5' space on the sidewalk in front of your business." The correspondence requested they fill out a permit form which was enclosed. However, the B Street Plaza was excepted out. On July 6, 1999, the Home Plate Tavern made application with Good O1' Days, and Good O1' Days responded July 8, 1999, denying the request. City Engineer Dowdy stated that staff reviewed the facts of the issue.and applied ACC 12.60.040, which establishes criteria for evaluating medts of Right-of-Way applications. Chair Poe established the procedure for public input, and City Attorney Reynolds stated that a decision regarding competing interests for a right-of-way permit cannot be made administratively, but must be made by the Public Works Committee. In response to a question from Councilmember Lewis, Reynolds responded that the decision made by the Committee would be the final decision; the issue does not go on to City Council. Chair Poe called for public comment. PUBLIC WORKS COMMITTEE MINUTES August 9, !9~19 Page 2 of 6 ' Dick Richards, Treasurer for Good O1' Days, addressed the issue previously raised at the City Council meeting regarding Good O1' Days being a for-profit organization. He stated that the festival incorporated for the purpose of protecting the committee, sponsorS, and others involved from liability. As the accountant, he stated there has been no profit since being incorporated, and that if there were any profits, they would be donated to the Good O1' Day~ Committee for Kids, which is a non-profit organization. He also stated that traditionally the event has been planned as a family-oriented celebration and that several years ago the. celebration was interrupted due to drunkenness. Roger Thordarson stated his belief that if the permit in question is granted, it will probably eliminate the family festival in the future. Auburn stresses that it is a family community. Beer gardens held in conjunction with Good O1' Days were stopped back in the 60s due to excessive drunkenness, and he does not want to see that repeated. Don Gardner stated that he had served as President of the Auburn Downtown Association (ADA) up until two years ago. The ADA represents businesses in the downtown COre ~nd, when faced with a similar situation in which a business owner wanted to come out into the street to promote his business, the ADA came up with the solution to let each business put a table in front of their store to advertise and draw people into their place of business. Mr. Gardner stated that allowing a permit that encroaches on public space dudng the time of festival would set a precedent, and make it hard to deny similar requests. He said it should be recognized that Good O1' Days is a unique event, and allowing businesses to encroach in the public space would have a detriment on the festival as we know it. He further stated that vendor and other festival participants agree to not block entrances or visual site lines to businesses. Connie Henke, President of Auburn Good O1' Days, stated that 13 businesses did return permits to the Committee and were comfortable with the process. She stated that the committee members put on the festival because they enjoy it and it is good for the community. The non-profit corporation, "Fun for Kids," would get profits from the festival, if there were any; however, thus far, money has gone back into the festival to allow it to grow. Granting the Home Plate Tavern's application would mean removing two non-profit groups from the B Street Plaza to allow a for-profit business to use the space. All businesses were given the same rules for a permit, and this is the only protest. Henke stated that to promote their business, the Home Plate Tavern could place a table outside of their door or could have an entry in the parade, or do many other things consistent with the Good O1' Days Committee's rules. Paul Shirron stated that he is a hot air balloon pilot that has participated in Auburn Good O1' Days for the past three years. He cannot participate this year due to a conflict; however, he plans to participate in the future only if Good O1' Days continues to be a family-oriented event and not one that is for-profit or encourages drinking. He stated that he has no problem with the Home Plate having a table or people going in, but does not feel the event should publicize a business of the nature of the Home Plate. Jeff Maesner, owner of the Home Plate Tavern,' stated that his establishment held beer gardens dudng Good O1' Days in 1996 and 1997 and it did not lead to the demise of the festival. In 1998, he elected not to face the challenge or confrontation of having a beer garden, so he stepped aside. He stated that he was not aware of the Public Works Committee meeting schedule, so did not have an opportunity to come forth at the same time PUBLIC WORKS COMMITTEE MINUTES August 9, 1999 · ' Page 3 of 6 as Good O1' Days, and apologized for having to do so in this forum. He said he has read the minutes of the meeting [at which the Good Ol' Days permit was approved], and that the minutes indicate the City Attorney was asked if approval would preclude a business from applying on its own merit, and that the attorney's response was that it should go through Good O1' Days. Maesner stated that when he applied through Good O1' Days, he received a letter informing him that B Street SE was already being used. He listed attendees at the Home Plate Beer Garden in the past, and said that festival vendors and downtown business owners have attended. Maesner said that he appreciates the concerns of the Good O1' Days Committee, but feels equality of use is important; that the desires of a few should not outweigh the desires of many. He further stated that he does not believe it is uncommon for a beer garden to accompany an event such as Good O1' Days. Paul Richardson, an entertainer who has performed at the Home Plate Tavern, Auburn School District Performing Arts Center, and Sumner High School graduation parties, stated that he has an 'interest in the development of youth in the community. He stated the Home Plate is a small tavern and that demand necessitates supply; more people would like refreshment than the space allows. He said the needs of people who would like to partake should be met, that the inability to show a profit is not synonymous with being a non-profit organization, and that the Police Department can take care of any isolated incidents that may take place. He stated that Mr. Maesner does not tolerate abhorrent behavior. Darren Grafe, attorney for the Home PI.ate Tavern, stated that common sense should dictate. He said he has heard that Good O1' Days is a family event, but it doesn't seem to ' bo the automobile show is not geared to children. He said that other family events, such as Mariner games, have beer served. He said that if the Home Plate Tavern permit is denied, there will be litigation. Grafe reviewed the issues to impose liability: Did the City of Auburn comply with the Appearance of Fairness Doctrine; did the City of Auburn unlawfully delegate its land use authority; explore whether the City's activities amount to compensable taking, which would impose liability on the City; exclusionary zoning; did the Home Plate Tavern have a vested right to locate a beer garden in that location as they had in previous years; failure to notify affected parties; what other violations of substantive due process, legitimate public purpose in denying permit; is legislation unduly oppressive--rnore burdensome than necessary; the City is required to minimize adverse effects on the Home Plate Tavern ,?,qual protection clause. He stated that he hopes litigation is not necessary, and that the permit should be granted; denying the permit would likely be in violation of state law. Chair Poe closed the public comment portion of the meeting, and asked for comments from the Committee. Councilmember Lewis stated his belief that the Good O1' Days Committee and Home Plate Tavern should resolve the issue between them. Councilmember Poe asked for confirmation that the Tavern did have a beer garden in 1996 and 1997, and Connie Henke responded that the beer garden was allowed because two permits had been issued for the same space. She further stated that the festival lost a sponsor and had to move the children's square due to a fight and arrests made in conjunctio.n with the beer garden. She said the Committee received negative comments about the beer garden. In response to a question regarding who issued permits in the past, City Engineer Dowdy responded that this year, a permit was issued to Good O1' Days that includes this area. In PUBLIC WORKS COMMITTEE MINUTES August 9, 1999 Page 4 of 6 previous years, prior to 1998, the City did issue two separate permits to Good O1' Days and the Home Plate Tavern; however, that process never worked well because of the competing interests. Last year, it was decided the only way to make it a coordinated event in advance would be to issue one permit to Good O1' Days. Mr. Maesner stated that granting a global permit and suggesting he work out issues with Good O1' Days, when there is a bias, is not feasible and results in Good O1' Days being given authority to grant land use permits. Following further discussion, City Attorney Reynolds reiterated that the issue before the Committee is on the compatibility of the two competing permits, and pointed out that the agenda bill information included staff review of the criteria established in ACC 12.60.040 for evaluating the merits of right-of-way applications. Based on the established criteria, the Committee came to a consensus that the negative outweighed the positive. It was moved by Cedno, seconded by Lewis, that the Committee deny the Right'of-Way Use Permit Application submitted by the Home Plate Tavern. Chair Poe concurred. Motion carried (3-0). B. CHANGE ORDER #3 TO CONTRACT 98-18, FOSS ENVIRONMENTAL & INFRASTRUCTURE, FOR PR 612, GREEN RIVER PUMP STATION The Committee reviewed Change Order #3, in the amount of $3,811.38, for an accumulation of electrical modifications. Project Engineer Les Brattain stated that the substantial completion date for the project has been met, and that there was a recent change order to simplify the irrigation system, but he was not certain if the change order would result in additional costs. The pump station is successfully pumping water up the hill, and telemetry problems are being worked on. City Engineer Dowdy stated that he had received a notice of potential claim, but has not yet had a chance to evaluate the medt of the claim. In response to a question about the high cost of design engineering, staff responded that the cost of survey and design for the original site selected for the project is included in that figure. It was moved by Cerino, seconded by Lewis, that the Committee approve Change Order #3 to Contract 98-18. Motion carried. III. ISSUES A. RESOLUTION NO. 3108, AGREEMENT FOR PROFESSIONAL SERVICES WITH BLACK AND VEATCH Resolution No. 3108 authorizes the Mayor and City Clerk to sign an Agreement for Professional Services with Black and Veatch for professional engineering services related to the development and implementation of a Water Conservation Plan. The City of Auburn Water Utility proposes to develop a Water Conservation Plan in conjunction with the development of the 2000 Comprehensive Water Plan update. The Plan will include review of water usage information, development of conservation goals, and evaluation and selection of conservation measures. The plan will be summarized into a PUBLIC WORKS COMMITTEE MINUTES August 9, 1999 Page 5 of 6 Chapter of the 2000 Comprehensive Water Plan update, as required by Department of Health, and recommendations will be incorporated into the Capital Improvement Program. The plan will likely prove instrumental in achieving ESA - related objectives as well. It was moved by Cerino, seconded by Lewis, that the Committee recommend Council adopt Resolution No. 3108. Motion carried. B. ORDINANCE NO. 5271 AMENDING CERTAIN PROVISIONS OF TITLE 20, 'TELECOMMUNICATIONS AND OTHER COMMERCIAL UTILITIES" Ordinance No. 5271 amends certain provisions of Title 20, entitled "Telecommunications and Other Commercial Utilities" for clarification and to comply with recent federal district court decisions, which have found certain requirements to be preempted by federal law. It was moved by Cerino, seconded by Lewis, that the Committee recommend Council approve Ordinance 5271. Motion carded. IV. INFORMATION OR DISCUSSION A. YEAR 2000 BRIEFING Finance Director Supler discussed the budget process for the year 2000, and budget strategies related to Initiative 695. She stated that a component of the initiative involves requiring voter approval for any type of fee increase, including utility rates. Other water districts are adopting ordinances that set forth incremental rate increases over a three-year period of time. Bond counsel has recommended that if the C!ty plans to raise any rates, the ordinance should be effective pdor to November 2. Strategies for addressing this issue were discussed, with Supler recommending setting fixed rates for the next 2-3 years. B. PIERCE COUNTY ANNEXATION NEGOTIATIONS ON LAKE TAPPS PARKWAY Planning Director Paul Krauss gave a brief history of Pierce County annexations and Lakeland obligations for the Lake Tapps Parkway. He then brought the Committee up to date in regard to Phase 2 annexation and requests from Pierce County for money from Auburn to construct Phase 2 of the Lake Tapps Parkway. Krauss suggested potentially tapping 20%-30% of the Lakeland Traffic Mitigation fees collected by City for the Parkway; however, Pierce County is proposing to advance the funds for Phase 2 and institute a road levy of $2.30 per $1,000. Considering the City's entire property tax is $3.05 per $1,000, this would result in trying to operate the City service for that area on a fraction of normal tax revenues. It was pointed out by Traffic Engineer Mullen that Pierce County had accepted construction of the Lake Tapps Parkway to 2-3 lanes and certain additional improvements as complete satisfaction of the off-site traffic mitigation requirements for Lakeland. Funding the additional two lanes was not included in the agreement. Alternatives were discussed, and the consensus was that Krauss should preeparea letter to Pierce County explaining why their proposal is not acceptable to the City, pointing out that although they are not entitled to any funds, the City is willing to offer a portion of the Lakeland impact fees and will work with the County to procure grant funds for the Lake PUBLIC WORKS COMMITTEE MINUTES. AUgu~ 9 !9.9.9 Page 6 of 6 Tapps Parkway. If the 'County d~oes not ~ccept. the offer, the City should prqCee¢i With annexation. C. CAPITAL PROJECT STATUS REPORT The following projects were briefly disCuSsed: fffi, 8th Street NE - City Engineer Dowdy stated that staff met with the ContraCtor and they are working on a start date; however, the goal remains to finish the project before school begins. #7, B Street NW - Dowdy stated that the project is moving ahead and nO major problems have been encountered thus far. #9, Skateboard Park - The project has been staked Out and .excavated, but the contractor hasn't started forming the structure yet. · #24, Terrace Drive - It was noted that them Was an adjustment in the mid-year budget. In response to a question about the project schedule, DoWdy stated that SOme Of th~ W~rk could be done this winter. He said the inted0r plat mad was looking good, and ocC..~;.~.n, Cy permits should be issued once that Work is done. The ga. te will remain ~nti! the City ,a~:cepts and opens the road. #29, Airport Wetland Mitigation - Dowdy stated that Public Works is watching this project closely, and that work had been postponed until dry weather, of which there has been very little. V. ADJOURNMENT Them being no further business to come before the .Public Works Committee, the meeting was adjourned at 6:40 p.m. /pm REF. H:~ENGINEER\E99~99-783 (E:~IINUTES~99PW8-1)