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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, Page I 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. Page 2 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 Page 3 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. Page 4 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. Page 5 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 Page 6 Ii I - 1 ;11 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. Page 7 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 Page 8 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). Page g 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. Page 10 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. Page 11 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 Page12