HomeMy WebLinkAbout08-16-1999 CITY OF AUBURN
COUNCIL MEETING MINUTES
August 16, 1999 7:30 p.m.
CALL TO ORDER
Fla.q Salute
Mayor Booth called the meeting to order at 7:30 PM and led those
in attendance in the Pledge of Allegiance.
Roll Call
Mayor Booth and the following Councilmembers were present:
Pete Lewis, Sue Singer, Jeanne Barber, Trish Borden, Fred Poe,
and Gene Cerino. Councilmember Rich Wagner was excused from
the meeting.
Staff members present included: Parks and Recreation Director
Dick Deal, Finance Director Diane L. Supler, Planning and
Community Development Director Paul Krauss, Assistant Planning
Director Lynn Rued, Acting Police Chief Jim Kelly, Personnel
Director Brenda Heineman, Public Works Director Christine Engler,
Fire Chief Bob Johnson, and City Clerk Danielle Daskam.
C. Announcements and Appointments
1. Announcements
a)
Sister City of Kasuqa-cho
Mayor Booth, with the assistance of Setsu Feruta,
introduced and presented commemorative certificates
to five Japanese guests from the Sister City of
Kasuga-cho. The visitors from Kasuga-cho included
Ryutare Ogino, a member of the Kasuga International
Friendship Society, Kaiichiro Ogino, an elementary
student, Shinobu Onishi, a school teacher from
Kasukabe Elementary School, Tawako Takami,
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City of Auburn Council Meetinq Minutes Au,n.-~t 16, 1~~,
I1.
Principal of Kasukabe Elementary School, and Kaori
Kondo. Mayor Booth and members of the Council
welcomed the Sister City visitors to Auburn.
b)
Auburn Pride Award
Mayor Booth to present the Auburn Pride Award to
Sunbreak Caf6 and Aaron Brenner Bakery.
Mayor Booth presented Mr. and Mrs. Bruce Alverson
and Aaron Brenner with the Auburn Pride Award for
the Sunbreak Caf~ and Aaron Brenner Bakery. The
Sunbreak Cafb and Aaron Brenner Bakery received
the Excellence in Downtown Revitalization Award for
"Best Economic Restructuring Story" among other
awards over the years. Mayor Booth and members of
the Council congratulated Mr. and Mrs. Alverson and
Mr. Brenner on their contributions to the community.
Appointments
There were no appointments for City Council consideration.
A e._~g~_~d~_Mod iff catio ns
Agenda modifications included the addition of requests from the
Parks and Legal Departments to surplus and dispose of property
consisting of office equipment items which are of no further use to
the City transmitted under Item IV.E of these minutes.
CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearin.qs
Application Number HAP0001-99
A3.23.1
An appeal filed by Dave Allen, Longhorn Barbecue, on the
Hearing Examiner's decision to deny the request of the
applicant, Longhorn Barbecue, for a variance to extend the
height of an existing freestanding sign located at 635 "C'
Street SW from forty-five feet to seventy-five feet.
This is a closed record headng where comments are limited
to the existing record and no new evidence or information is
allowed to be submitted.
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City of Auburn Council Meetin.q Minutes Au.qust 16,
Assistant Planning Director Lynn Rued presented the staff
report on the appeal filed by Dave Allen Davis of Longhorn
Barbecue. Longhorn Barbecue applied for a variance that
would allow them to increase the height of an existing sign
located at 835 "C' Street SW from forty-five feet to seventy-
five feet. Recently buildings have been constructed that
have obscured the visibility of the Longhorn Barbecue sign
from Highway 18. Longhorn Barbecue applied for a
variance which was heard by the Hearing Examiner on July
13, 1999. The Hearing Examiner denied the variance
application on the basis that it is not consistent with the
criteria necessary to grant a variance under the Zoning
Code. The applicant subsequently appealed the Hearing
Examiner decision to the City Council.
Alan Keimig, Keimig Associates, 216 "A" Street NW, Auburn,
WA, 980O1
Mr. Keimig spoke on behalf of the applicant. He contended
that the Hearing Examiner erred in several different areas in
denying the variance request. He suggested the Hearing
Examiner erred in finding that a variance can be granted if
the requirements would create an undue hardship because
of unique conditions, and that the conditions are not that
unique. Mr. Alan stated that the surrounding areas create a
unique situation for the property. Businesses at the location
continually fail based on its location and the identification of
the location. He stressed that the sign is necessary to
ensure continued identification of the location.
Mr. Keimig indicated that the public welfare would be more
adversely affected if the sign is not raised and the business
does not perform well at its location.
He noted that the Hearing Examiner determined there are
no unusual conditions which apply to this property. Mr.
.Keimig offered that the unusual condition for the property is
the past business failures at this location.
In response to the Hearing Examiner's Conclusion 4, he
stated the sign is appropriate at the seventy-five foot height
and is no more visually cluttering than the buildings nearby
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City of Auburn Council Meetin;I Minutes Au;lust 16, 1.~S~
or the surrounding neighborhood. He described the
proposed sign as an identifier and unique to the community.
Mr. Keimig urged the Council to reverse the Hearing
Examiner's decision based on the unusual and unique
circumstances surrounding the property.
In response to a question from Councilmember Borden
regarding possible off-site locations for the sign, Mr. Keimig
responded that an off-site sign would need to be within 500
feet and within appropriate property distances. He was
uncertain whether there was a more appropriate site than
where it already exists. He noted that the existing site was
chosen because it was visible from Highway 18 and the
Supermall. He expressed doubt that granting a variance for
the Longhorn sign would transfer to other properties
because of the unique characteristics of the Longhorn
property.
David Allen Davis, Longhorn Barbecue, 635 "C" Street SW,
Auburn, WA, 98001
In response to a question from Councilmember Lewis, Mr.
Davis presented information relating to the financial impact
to the Longhorn from the construction of the adjacent
buildings which obstruct view of the Longhorn sign. Year to
date, in-house sales have decreased in excess of $39,000,
take out sales have decreased in excess of $11,000, and
beer and wine sales have decreased in excess of $3,000
each.
Councilmember Cerino noted no testimony was given from
neighboring property owners either for or against the
variance application. Assistant Planning Director Rued
confirmed there were no comments received from
neighboring property owners.
Councilmember Borden questioned the height of
neighboring buildings. Mr. Keimig estimated the buildings to
be approximately sixty-five feet in height. Assistant Planning
Director Rued clarified that the adjoining property, as an M-1
zone, has a base height of forty-five feet but can be higher if
the building is set back.
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City of Auburn Council Meetin.q Minutes Auqust 16, 199q
Councilmember Lewis questioned the reference in the
Hearing Examiner minutes to policies to mitigate or
implement views or signs. Assistant Planning Director Rued
explained that Mr. Keimig had argued that the City failed to
consider the view that was being blocked as part of the
environmental analysis for the construction of the buildings.
A view of a sign is not considered part of the environmental
review. Views are considered to be scenic vistas. In order
to mitigate any impacts to the vistas or views, the City needs
to have adopted policies in the Comprehensive Plan.
Currently there are no adopted policies that speak to
preventing views of signs.
Mr. Keimig presented photos of the view of the Longhorn
sign from Highway 18 and the Supermall area for the record.
Similar photos were submitted at the Hearing Examiner
hearing. Mr. Keimig explained that the Longhorn sign could
be seen from Highway 18 in the Peasley Canyon area. The
view of the sign was obscured when the neighboring
warehouse was constructed.
Councilmember Lewis moved and Councilmember Singer
seconded to close the public hearing.
MOTION CARRIED UNANIMOUSLY. 6-0.
Councilmember Lewis noted that the site has a history of
past business failures, and the current business owner has
sustained economic impacts due to the construction of
adjacent structures.
Councilmember Lewis moved and Councilmember Poe
seconded to overturn the Hearing Examiner's decision and
to allow the variance based on the record.
Counciimember Borden spoke in favor of overturning the
Hearing Examiner decision and permitting the variance for
this particular sign. She expressed objection to the potential
spread of taller signs throughout the city. She suggested
that the decision should include a relation between the sign
and the height of the adjacent buildings.
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City of Auburn Council Meetin;] Minutes Auoust 16,
II1.
Councilmember Barber spoke in favor of the motion to
reverse the Hearing Examiner decision.
Councilmember Poe spoke in favor of the motion. He stated
the location is unique and raising the sign will not adversely
affect the neighborhood.
Councilmember Cerino spoke in favor of the motion and
noted that the variance is for a unique situation.
MOTION CARRIED UNANIMOUSLY. 6-0.
Mayor Booth advised that the sign ordinance will be referred
to the appropriate committee for review.
Audience Participation
No member of the audience requested to speak during audience
participation.
Corresoondence
No correspondence was received for City Council review.
COUNCIL COMMITTEE REPORTS
A3.7.6
A. Municipal Services
Chair Poe reported the Municipal Services Committee met this
evening at 6:00 PM. The Committee recommended approval of
Ordinance No. 5224 regarding alarm systems and the award of a
contract for the construction of a cemetery niche wall. The
Committee also received reports on Valley Communications
construction and airport hangar construction. The next regular
meeting of the Municipal Services Committee is scheduled for
Tuesday, September 7, 1999 at 6:00 PM.
Planning & Community Development
Chair Borden reported the Planning and Community Development
Committee met on August 9, 1999. The Committee recommended
approval of Resolution No. 3109 authorizing a contract for
preparation of a sensitive areas ordinance. The Committee
received a presentation on the Business Improvement Area
amended budget to extend the budget for another six months in
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City of Auburn Council Meetin,q Minutes Au;lust 16, 1~
IV.
order to convert their budget to a fiscal year that coincides with the
City's budget year. The Committee also discussed a zone for
peace, park impact fees, and concurrency. The next regular
meeting of the Planning and Community Development Committee
is scheduled for August 23, 1999 at 6:30 PM.
Public Works
Vice Chair Poe reported the Public Works Committee met August
9, 1999. The Committee discussed a request for a right-of-way use
permit from the Home Plate Tavern during Auburn Good O1' Days.
The Committee denied the request since a general right-of-way
permit had already been given to Auburn Good O1' Days. The
Committee recommended approval of a contract administration
item, Resolution No. 3108 relating to the water conservation plan,
and Ordinance No. 5271 relating to telecommunications. The next
regular meeting of the Public Works Committee is scheduled for
August 30, 199 at 4:30 PM.
Finance
Chair Barber reported the Finance Committee met this evening at
8:30 PM. The Committee reviewed and recommended approval of
claims and payroll vouchers and other consent items. The
Committee also recommended approval of Ordinance No. 5242
and discussed bids for the public defender contract. The next
regular meeting of the Finance Committee is scheduled for
Tuesday, September 7, 1999 at 6:30 PM.
CONSENT AGENDA
A. Minutes
1. Minutes of the August 2, 1999 regular City Council meeting.
B. Vouchers
F4.9,2,F4.9,5
Claims
Claims check numbers 144361 through 144751 in the
amount of $1,719,303.94 for Period 8 and dated August 16,
1999; and a wire transfer in the amount of $148,493.02
(Sequence No. 990730003075) to the King County Library
System.
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City of Auburn Council Meeting! Minutes August 16, 19~C
Payroll
Payroll check numbers 254122 to 254379 in the amount of
$568,863.54 and electronic deposit transmissions in the
amount of $583,747.53 for a grand total of $1,152,611.07 for
the pay period covering July 28, 1999 to August 10, 1999.
Call for Public Hearing
2000 Budget
F3.14
City Council to call for a public hearing to be held on
September 7, 1999 to receive citizen comments and
suggestions for development of the 2000 Budget.
Contract Administration
Public Works Project Number PR 612
o4.11.1 PR 612
City Council to approve Contract Change Order No. 3 to
Public Works Contract Number 98-18 in the amount of
$3,811.38 to Foss Environmental and Infrastructure for
additional work related to Public Works Project Number PR
612, Green River Pump Station.
2. Proiect Number C9039 Phase II of Centennial Columbarium
Wail
O4.4.10.1
City Council to award Contract Number 99-14 for
construction of Phase II of Centennial Columbarium Wall to
Prospect Construction on their bid of $149,868.00 including
Washington State sales tax.
Surplus Property
F4.6.1
Legal Department
City Council to authorize the surplus and disposal of the
following described property:
Lanier Dictaphone Recorder w/ (2) foot pedals #205025
Lanier Transcriber #748945
Dictaphone Quick Charger Power Supply Cord P/N 877481
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City of Auburn Council Meeting Mim~te_~ Au~lust 16, 1999
VI.
Lanier Regent Dictaphone Recorder w/dictating attachment #759714
Lanier Regent Dictaphone Transcriber
w/headset (2) foot pedals #744978
Parks Department
City Council to authorize the surplus and disposal of the
following described property:
One Sharp fax machine
SN 57179451
Councilmember Barber moved and Councilmember Lewis seconded to
approve the Consent Agenda as modified.
MOTION CARRIED UNANIMOUSLY. 6-0.
UNFINISHED BUSINESS
There were no items under this section for City Council review.
NEW BUSINESS
There were no items under this section for City Council review.
VII. ORDINANCES AND RESOLUTIONS
A. Ordinances
Ordinance No. 5224
F4.3 O1.8
An Ordinance of the City Council of the City of Auburn,
Washington, repealing Auburn City Code Chapter 15.56
entitled "Intrusion Alarms" and enacting a new Auburn City
Code Chapter 15.56 entitled "Alarm Systems" which requires
registration, establishes fees; provides fines for excessive
false alarms; provides for punishment of violations; and
establishes a system of administration.
Counciimember Poe moved and Councilmember Cerino
seconded to introduce and adopt Ordinance No. 5224 with
the following corrections: a date correction on page 3 of
Exhibit A to reflect the year 2000, correct reference to a
registration year from "July I through June 30" to January 1
through December 31 on page 5 of Exhibit A, and insert the
word "shall" after the word "City" in the first line of Section
15.56.030(B).
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City of Auburn Council Meeting Minutes Aufilust 16, 1999
MOTION CARRIED UNANIMOUSLY. 6-0.
Ordinance No. 5242
F4.11
An Ordinance of the City Council of the City of Auburn,
Washington, to amend Auburn City Code Section 3.04.510
entitled "Senior Citizen Center Petty Cash Fund" contained
in Auburn City Code Chapter 3.04 entitled "Funds" to
increase the senior center petty cash fund for the Park and
Recreation Department.
Councilmember Barber moved and Councilmember Lewis
seconded to introduce and adopt Ordinance No. 5242.
MOTION CARRIED UNANIMOUSLY. 6-0.
Ordinance No. 5271
O4.15
An Ordinance of the City Council of the City of Auburn,
Washington, amending certain provisions of Title 20 entitled
"Telecommunications and Other Commercial Utilities" for
clarification and to comply with recent Federal District Court
decisions.
Councilmember Poe moved and Councilmember Cerino
seconded to introduce and adopt Ordinance No. 5271.
MOTION CARRIED UNANIMOUSLY. 6-0.
Ordinance No. 5273
03.8 REZ0003-99
An Ordinance of the City Council of the City of Auburn,
Washington, providing for the rezoning of property located at
307 Oravetz Road within the city of Auburn, Washington,
changing the zoning classification thereof from C-3 (Heavy
Commercial) to M-1 (Light Industrial).
Councilmember Borden moved and Councilmember Singer
seconded to introduce and adopt Ordinance No. 5273.
MOTION CARRIED UNANIMOUSLY. 6-0.
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City of Auburn Council Meetin;I Minutes Au;lust 16, 199q
B. Resolutions
Resolution No. 3108
O4.11
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
an Agreement for Professional Services with Black and
Veatch Corporation for engineering services related to the
development and implementation of a water conservation
plan.
Councilmember Poe moved and Councilmernber Cerino
seconded to adopt Resolution No. 3108.
MOTION CARRIED UNANIMOUSLY. 6-0.
Resolution No. 3109
A3.16.9, 03.4.2.9
A Resolution of the City Council of the City of Auburn,
Washington, authorizing the Mayor and City Clerk to execute
a Professional Service Contract for preparation of a
Sensitive Areas Ordinance (SAO) with Huckell Weinman
Associates, Inc.
Councilmember Borden moved and Councilmember Singer
seconded to adopt Resolution No. 3109.
MOTION CARRIED UNANIMOUSLY. 6-0.
VIII. MAYOR'S REPORT
Executive Session
No executive session was held this evening.
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City of Auburn Council Meetin~l Mim;te~ August 16, 19~?
IX.
ADJOURNMENT
There being no further business to come before the Council this evening,
the meeting adjourned at 8:24 PM.
Approved on the
dayof
,1999.
Charles A. Booth, Mayor
[~anielle Daskam, City Clerk
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