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HomeMy WebLinkAbout06-06-2011 Agenda Packet City Council Meeting June 6, 2011 - 7:30 PM Auburn City Hall AGENDA Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER A. Flag Salute B. Roll Call C. Announcements, Appointments, and Presentations 1. Proclamation - KidsDay Mayor Lewis to proclaim June 24, 2011 as "KidsDay" in the city of Auburn. 2. Recognition of Auburn School District's DECA Students 3. 2011 Legislative Wrap Up D. Agenda Modifications II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Public Hearing - Interim Zoning Controls* (Norman/Snyder) City Council to conduct a hearing on interim zoning controls pertaining to the allowance, dimensions and location of real estate signs not currently permitted by existing sign regulations in the public right-of-way or on private property pertaining to the sale, lease or rent of residential and non-residential development properties. On April 18, 2011, the City Council adopted Ordinance No. 6360 establishing the interim zoning control and setting today's date for the required public hearing. (ACTION REQUESTED: City Council conduct the public hearing. No further actions is required at this time.) 2. Public Hearing - Moratorium on Medical Marijuana Dispensaries (Norman/Snyder/Heid) City Council to conduct a public hearing on the initial one year moratorium on the acceptance of applications for licenses, permits and approvals for medical marijuana dispensaries in all zoning districts in the city of Auburn. (ACTION REQUESTED: City Council conduct the public hearing. No further action is required at this time.) 3. Public Hearing - Amendment to 2010 and 2011 CDBG Annual Action Plans (Norman/Hursh) City Council to conduct a hearing on the proposed amendment to its Community Development Block Grant (CDBG) 2010 and 2011 Annual Action Plans. The process for a substantial amendment is required by the U.S. Department of Housing and Urban Development (HUD) and the City's Consolidated Plan to reallocate funds from abandoned or postponed projects. (ACTION REQUESTED: City Council conduct the public hearing. For further action related to this item, please see Resolution No. 4710.) B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. C. Correspondence There is no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services 1. May 23, 2011 Minutes* (Peloza) B. Planning & Community Development 1. May 23, 2011 Minutes* (Norman) C. Public Works 1. May 16, 2011 Minutes* (Wagner) D. Finance 1. May 16, 2011 Minutes* (Backus) E. Les Gove Community Campus F. Downtown Redevelopment 1. May 24, 2011 Minutes* (Norman) G. Council Operations Committee IV. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on state, regional and local organizations. A. From the Council B. From the Mayor V. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the May 16, 2011 City Council Meeting* B. Claims Vouchers (Backus/Coleman) Claims check numbers 404412 through 404825 in the amount of $3,076,662.39 and dated June 6, 2011. C. Payroll Vouchers (Backus/Coleman) Payroll check numbers 531415 to 531510 in the amount of $305,680.89 and electronic deposit transmissions in the amount of $1,136,241.05 for a grand total of $1,441,921.94 for the pay period covering May 12, 2011 to June 1, 2011. D. Public Works Project No. C201A* (Wagner/Dowdy) City Council grant permission to advertise for bids for Project No. C201A - Residential Buildings Demolition. E. Public Works Project No. CP1101* (Peloza/Dowdy) City Council grant permission to advertise for bids for Project No. CP1011, 2011 Local Street Pavement Preservation - Phase 1. F. Public Works Project No. CP0745* (Wagner/Dowdy) City Council approve Final Pay Estimate #5 to Contract 10-07 in the amount of $0.00, for a total contract price of $167,897.17, with Buckley Nursery Co., Inc. and accept construction of Project No. CP0745, White River Trail Extension G. Public Works Project No. CP1020* (Peloza/Dowdy) City Council approve Final Pay Estimate #2 to Limited Public Works Contract 10-30 in the amount of $7,643.70, for a total contract price of $40,731.00, with Totem Electric of Tacoma, Inc. and accept construction of Project Number CP1020, 2010 Signal Improvements. H. Leak Adjustment Request (Wagner/Coleman) City Council approve a sewer utility adjustment to account number 019213, for Skills Inc., in the amount of $22,198.83. I. Leak Adjustment Request (Wagner/Coleman) City Council approve a water and sewer utility adjustment to account number 019980, for Hinshaw's Honda in the amount of $1,072.15. VI. UNFINISHED BUSINESS There is no unfinished business. VII. NEW BUSINESS There is no new business. VIII. ORDINANCES A. Ordinance No. 6361* (Backus/Heid) An Ordinance of the City of Auburn, Washington, amending Ordinance No. 5250, adopted June 21, 1999, prohibiting social card games conducted as a commercial stimulant except for those establishments currently licensed by the Washington State Gambling Commission and/or lawfully operating in the City as of June 7, 1999; establishing penalties for violations; and providing that the moratorium on social card games conducted as a commercial stimulant as established under Ordinances 5249 and 5198 be terminated unless this ordinance is determined to be invalid or unenforceable for any reason (ACTION REQUESTED: City Council introduce and adopt Ordinance No. 6361.) B. Ordinance No. 6363* (Norman/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, amending Title 18 of the Auburn City Code by creating new Sections 18.04.035, 18.04.036, 18.04.827, 18.04.894, 18.04.911 and 18.31.210, and amending Sections 18.07.020 and 18.56.030 relating to the establishment and regulation of agricultural enterprises (ACTION REQUESTED: City Council introduce and adopt Ordinance No. 6363.) IX. RESOLUTIONS A. Resolution No. 4709* (Peloza/Lee) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor or designee to execute an Agreement between the cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila regarding investigative assistance at the SCORE detention facility (ACTION REQUESTED: City Council adopt Resolution No. 4709.) B. Resolution No. 4710* (Norman/Hursh) A Resolution of the City Council of the City of Auburn, Washington, relating to the amendment of the 2010 and 2011 Annual Action Plan Updates of the Consolidated Plan (ACTION REQUESTED: City Council adopt Resolution No. 4710) C. Resolution No. 4712* (Peloza/Lee) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor or his designee to execute an Agreement between the City of Auburn and the Washington State Department of Corrections for services involving Department Community Correction Officers at the Auburn Justice Center (ACTION REQUESTED: City Council adopt Resolution No. 4712.) X. ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing - Interim Zoning Controls Date: June 1, 2011 Department: Planning and Development Attachments: Ordinance No. 6360 Budget Impact: $0 Administrative Recommendation: City Council conduct the public hearing. Background Summary: On April 18, 2011, the Auburn City Council passed Ordinance No. 6360 that established one (1) year interim zoning controls pertaining to the allowance, dimensions and location of real estate signs not currently permitted by existing sign regulations in the public right-of-way or on private property pertaining to the sale, lease or rent of residential and non-residential development properties. Ordinance No. 6360 was developed in response to multiple requests from developers and owners of residential and non-residential real property in the City seeking authorization for the placement of real estate signs on public and private properties in locations, numbers and of a size than is currently allowable under existing City regulations. The Ordinance's key purpose was to assist in local economic development associated with the sale and development of residential and non-residential property in the City. The City Council's passage of Ordinance No. 6360 was intended to provide the City Council, Planning Commission, interested citizens and City staff a reasonable time opportunity to fully consider all the options and alternative standards for the regulation of different sizes and types of residential and non-residential real estate signs and provide procedures for the permitting of these signs. Further, it will allow the City to fully investigate, understand and appropriately address the potential negative impacts of these signs as may be appropriate. The City Council's establishment of interim zoning controls is permitted under the provisions of RCW 35A.63.220 and 36.70A.390. For conformity to these statutes, the City Council must hold a public hearing on the establishment of the interim zoning controls within 60 calendar days of its adoption by Council. Staff identified, in Ordinance No. 6360, June 6, 2011 as the public hearing date. O3.4.2.1.1 Reviewed by Council Committees: Planning And Community Development, Public Works AUBURN * MORE THAN YOU IMAGINEDPH.1 Councilmember:Norman Staff:Snyder Meeting Date:June 6, 2011 Item Number:PH.1 AUBURN * MORE THAN YOU IMAGINEDPH.1 ORDINANCE NO 6360 AN ORDINANCE OF THE CITYCOUNCIL OF THE CITY OF AUBURN WASHINGTON AMENDING CHAPTER 1856 OF THE AUBURN CITY CODE ESTABLISHING INTERIM ZONING CONTROLS FOR THE PURPOSE OF REGULATING THE ALLOWANCE DIMENSIONS AND LOCATION OF REAL ESTATE SIGNS WHEREAS Section 1856025 of the Aubum City Code provides standards and procedures for the regulation of real estate signs for the sale lease or rent of residential and nonresidential property and WHEREAS in response to the significant and documented impacts of the current economic recession developers and owners of residential and non residential real property in the City have approached the City and requested authorization or the placement of real estate signs on public and private properties than is currently allowable under existing City cegulations and WHEREAS the City Council finds that current economic situations warrants reconsideration of existing regulations related to residential and non residentiaf real estate signs and thatthe nature and impact of the current economic situations necessitate the temporary allowance of residential and non residential real estate signs not currently allowed under existing City Code subject to compliance with standards and procedures specfied herein and WHEREAS in conformity wifhthe responsibilities of the City of Auburn to provide for zoning and land use regulations pursuant to state law and the Citys authority to regulate land use activity within its corporate limits the City intends to Ordinance No 6360 April 7 2011 Page 1 of 28 PH.1 update its current zoning and land use regulations for residential and non residential real estate signs and WHEREAS to provide for economic development associated with the sale and development of residential and nonresidential property in the City that can have a positive impact on the City finances in ferms of real estate excise tax development review fees impact fees system development charges sales taxes and property taxes that contribute to the Citys ability to providepublic services it will be necessary for there to be regulations in place to 1 provide standards for the regulation of different sizes and types of residential and nonresidential real estate signs and 2 provide procedures for the permitting of these signs and WHEREAS in order to fully consider all the options and alternatives for such regulations and to fully investigate and review all of the factors involved in developing appropate regulation of different sizes and types of residential and nonresidential realestate signs the City needs time to complete such reviews and put into place such regulations that address and balance economic development interests and the public health safety and welfare and WHEREAS RCW 35A63220 and 3670A390 authorize cities to adopt interim zoning controls and WHEREAS the City Council concludes that the City has the authority and that it is necessary to establish interim zoning controls for residential and non residential real estate signs to 1 provide standards for the regulation of different sizes and types of residential real estate signs and 2 provideprocedures for the permitting of these signs and Ordinance No 6360 April 7 2011 Page 2 of 28 PH.1 WHEREAS consistent with the provisions of RCW 35A63220 it is appropriate for the City Council to hold public hearings and to authorize the holding of public hearings andor other means to gather information and adopt findings of fact supporting and justifying the interim zoning controls and to implement a work plan for review of the Citys currently adopted signage regulations pertaining to residential and nonresidential real estate signs NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON DO ORDAIN as follows Section 1 Interirra Zoning Controls Pursuant to RCW 35A63220 intecim zoning controls as specified in Section of this Ordinance pertaining to the regulation of residential and nontesidential real estate signs in Chapter 1856 Signs and more specifically Section 1856025 of theAuburn City Code are hereby imposed in all zoning districts in the City of Auburn Section 2 Interim Sign Code Consistent with the parameters and provisions hereof Chapter 1856 of the City Code shall be amended as the Interim Sign Code as follows Chapter 1856 SIGNS Sections 1856010 Intent Effecfive before March 16 2012 1856010 Intent Effecbve March 16 2012 1856020 Definitions Effecbve before March 16 2012 1856020 Definitions Effecbve March 16 2012 1856025 Real estate signs 1856030 General provisions all districts Effecbve before March 16 2012 1856030 General provisions all districts Effective March 16 20121 1856040 Regulation by district 1856050 Administrative proyisions 1856060 Deviafions variances and appeals Ordinance No 6360 April 7 2011 Page 3 of 28 PH.1 1856070 Liability 1856080 Conflicts repealed 1856090 Repealed 1856100 Repealed 1856010 Intent Effectivebefore March 16 2012 The overall purpose of this chapter is to enhance and maintain the aesthetic character to promote the public healfh safefy and general welfare and to increase the effectiveness of visual communication in the city This chapter is also intended to avoid visual clutter that may adversely impact traffc and pedestrian safety or be adverse to property values business opportunities and the citys appearance and to prevent and abate public nuisances The purpose of this chapter is implemented by controlling the construction location use and maintenance of all signs and sign structures It is also the intent ofthis chapter to afford noncommercial speech the same or greater protection afforded commercial speech and to not regulate noncommercial speech to a stricter standard tharr commercial speech This chapter is further intended to support local businesses in the city and the citys overall economy by providing additional and increased opportunities for the use and siting of temporary and portable signage subject to conditions including but not limited to time size locationand placement Ord 6353 1 2010 Otd 6263 1 2009 Ord 5993 1 2006 Ord 4773 1 1995 Ord 4229 2 1987 1856010 Intent Effective March 16 2012 The overall purpose of this chapter is to enhance and maintain the aesthetic character to promote the public health safety and general welfare and to increase the effectiveness of visual communicafion in the city This chapter is also intended to avoid visual clutter that may adversely impact traffic and pedesfian safety or be adverse to property values business opportunities and the citys appearance and to prevent and abate public nuisancesThe purpose of fhis chapter is implemented by controlling the construction location use and maintenance of all signs and sign structures It is also the intent of this chapter to afford noncommercial speech the same or greater protection afforded commercial speech and to not regulate noncommercial speech to a stricter standard than commercial speech Ord 6353 2 2010 Orci6263 2 2009 Ord 5993 1 2006 Ord 4773 1 1995 Ord 4229 2 1987 1856020 Definitions Effective before March 16 2012 The following definitions are specific to this chapter and are to be used only for the implementation of this chapter A Animated sign means any sign that flashes or simulates motion with an electronic or manufactured source of supply or contains windactuated motion except for flags and banners An animated sign may also be a sign that meets the definition of changing message center or revolving sign B Banner means a temporary sign constructed of fabric vinyl or other durable material which is not the primary idenfification for the organization event or product advertised and which is primarily promotional in nature G Billboard means a large outdoor advertising sign containing a message commercial or otherwise unrelated to the use or activity on the property on which the sign is located andor to any use or aetiVity in the immediate area such as is the case with an offpremises sign and which is customarily leased for commercial purposes The approximate sizes of the billboard faces range from 12 to 14 feet in height and 24 to 48 feet in width D Changing message center means an electronically eontrolled message center that displays different copy changes on the same lamp bank E Directional sign means a sign which is located to guide or direct pedesfrian or vehicular traffic to parking entrances exifs and service areas and may not exceed six square feet in area or 10 feet in height For projects that have parking lots in excess of 500 spaces the sign area may be 10 square feet and the sign height 15 feet F Doublefaced sign means a sign with two faces Ordinance No 6360 April7 2011 Page 4 ofi28 PH.1 G Electrical sign means a sign or sign structure in which electrical wiring connections andor fixtures are used as part of the sign proper H Facade means theentire building front or streef wall face includinggrade to the top of the parapet or eaves and the entire width of the building elevation 1 Flashing sign means an electrical sign or a portion thereof which changes light intensity in a sudden transitory burst or which switches on and off in a constant pattem in which more than onethird of the nonconstant ligtit source is off at any one time J Freestanding sign means a sign that meets the definifion of ground sign also commonly referred to as a monument sign or pole sign Signs attached to fences or other structures that are not defined as buildings will be considered freestanding signs K Frontage means the measurement in linear feet of the length of the property line for a singletenant building or length of leased building frontage for multitenant buildings or multibuilding complexes L Grade means the relative existing ground level in the immediate vicinity of the sign M Ground sign means a sign attached to the ground and supported by the ground or a builtup landscaped area such that the sign appears solid with the ground The height of a ground sign shall be measured from the surrounding grade Also commonly referred to as a monument sign N Identification sign means a sign containing the name of the business establishment occupant of the building ortenant space andor address of the premises 0 Ineidental sign means a sign that is generally informational and of a noncommercial nature intended primarily for the convenience of the public and having a maximum area of two square feetlncidental signs include but are not limited to signs designating restrooms hours of operation entrances and exits to buildings and parking lots help wanted public telephones etc Also included are properly control and warning signs such as no trespassing no dumping etc and plaques tablets or inscriptions which are an integral part of a building P Mansard roof ineans a sloped roof or rooflike facade architecturally able to be treated as a building wall Q Marquee means a permanent structure attached to supported by and projecting from a building and providing protection from the weather elements For the purpose of this chapter a freestanding permanent rooflike structure providing protection from the elements such as a service station gas pump canopy will also be considered a marquee The term marquee also includes canopy R Marguee sign means any sign which forms part of or is integrated into a marquee and which does not extend horizontally beyond the limits of such marquee For the purpose of this chapter a marquee sign will be considered as a wall sign S Median sign means a sign that is placed within the median of a public street T Multiplebuilding complex means a group of commercial or industrial structures developed as a group either simultaneously or in phases with more than one building per parcel U Multipletenant building means a single structure housing more than one retail business office or commercial venture butnot including residential apartment buildings which share the same lot access andor parking facilities V Onpremises sign means a sign which cames advertisements incidental to a lawful use of the premises on which it is located including signs indicating the business transacted at services rendered goods sold or produced on the premises name of the person firm or corporafion occupying the premises W Offpremises signmeans any sign whichadvertises an establishment merchandise service goods oc entertainment which is sold produced and manufactured or fumished at a place other than on the property on which said sign is locafed X Parapet means a false front or wall extension above the roofline Y Penmeter means a square or rectangle required to enclose the sign area Z Fortable sign means any sign made of any material including paper cardboard wood or metal which is capable of being moved easily and is not permanently affixed to the Ordinance No 6360 April 7 2011 Page 5 of 28 PH.1 ground structure or building This aiso includes sidewalk or sandwich board signs excepf those wom by a person AA Premises means the real esfate as a unit which is involved by the sign or signs mentioned in this chapter BB Projecting sign means a sign which is attached to a structure or building wall in such a manner that the leading edge extends more than 16 inches beyond the surface of said structure orwall but does not extend more than five feet beyond the property lineextends no more than six inches above any roofline and meets all standards for ground clearance Signs that meet the definition of marquee sign or suspended sign will not be considered aprojecting sign CC Real estate sign means a portable sign erected by the owner or the owners agent advertising the real estate upon which the sign is located for rent lease or sale DD Revolving sign means any sign that rotates or turns in motion by electrical or mechanical means in a circular pattem EE Roof sign means a sign erected upon or above a roof or parapet of a building or structure Mansard roof signs shall be considered as wall signs Roof signs may not extend more than five feet in heightabove the roof FF Sign means any visual communication device structure or fixture which is visible from any rightofway intended to aid a land use in promoting the sale or identification of a product good or senrice using graphics symbols or written copy For the purpose of this chapter a sign shall not be considered to be building or structural design It shall be restricted solely to graphics symbols orwritten copy that is meant to be used in the aforementioned way This definition shall include inflatable signs balloons or other similar devices GG Sign area means 1 The total area of a sign visible from any one viewpoint or direction excluding the sign support structure architectural embellishments or framework that contains no written copy and inGudes only one side of a doublefaced sign 2 Individual letter signs using a wall as the background without added decoration or change in wall color shall be calculated by measuring the perimeter enclosing each letter The combined total area of each individual letter shall be considered the total area of the sign 3 Module signs consisting of more than one sign cabinet shall be computed by adding together the total area of each module 4 Perimeter of sign area shall be established by the smallest rectangle enclosing the extreme limits of the letter module or advertising message being measured HH Sign heighY means the vertical distance measured from the adjacent grade to the highest point of the sign II Sign structure means any structure that supports or is capable of supporting any sign as defined in this chapter A sign structure may be a single pole or may ormay not be an integral part of the building or structure JJ Singletenant building means a commercial building or structure that contains one enterprise or occupant Buildings within a multibuilding complex may not be considered a single tenant building KK Speciat event signage means temporary signs including posters flags pennants and inflatable materials which are not the primary identification for the organization event or product advertised and which are primarily intended for shortferm promotional periods LL Suspended sign means a sign that is attached to and suspended from a marquee or canopy and subject to rightofway and clearance regulations MM Temporary sign means any sign or advertising display constructed of wood vinyl cloth canvas light fabric paper cardboard or other light materials with or without ftames intended to be displayed for a limited tirrie only This definition shall include inflatable signs NN Traffic hazard means any sign which does not meet city standardsfor clear zone or sight distance or whichdoes not meet the requirements of the Americans with Disabilities Act 00 Wall sign means a sign attacfied or erecfed parallel to and extending not more than 16 inches from the facade or face of any building to which it is attached and supported through its Ordinance No 6360 April 7 2011 Page 6 of 28 PH.1 entire lengfh with the exposed face of the sign parallel to the plane of said wall or facade Wndow signs which do not meet thedefinition of atemporary sign shall be considered as wall signs PP Window sign means a sign Iocated inside or affixed to windows of a building whether temporary or permanent lighted or unlighted which may be viewed from the exterior of the building QQ Feather banner or sign means a fabric sign with printed advertisement on one or two faces that is either stationary or rotates and is attached on one side to a metal pole or stake that is placed in the ground or attached to a secure object RR Off premises directional sign means a sign located on private property or in the public rightofway as authorized that directs or guides persons to an establishment merehandise service goods or entertainment which is sold produced and manufactured or furnished at a place other than on the property or publie rightofway on which said sign is located Ord 6353 3 2010 Ord 6263 3 2009 Ord 6166 1 2008 Ord 5993 1 2006 Ord 4705 2 1994 Ord 4229 2 1987 1856020 Definitions Effective March 16 2012 The following definitions are specific to this chapter and are to be used only for the implementation ofthis chapter A Animated sign means any sign that flashes or simulates motionwith an electronic or manufactured source of supply or contains windactuated motion except for flags and banners Art animated sign may also be a sign that meets the definition of changing message center or revolving sign B Banner means a temporary sign constructed of fabric vinyl or other durable material which is not the primary idenfification for the organization event or product advertised and which is primarily promotional in nature C Billboard means a large outdoor advertising sign containing a message commerciaF or otherwise unrelated to the use or activity on the property on which the sign is located andor to any use or activity in the immediate area such as is the case with an offpremises sign and which is customarily leased for commercial purposes The approximate sizes of the billboard faces range from 12 to 14 feet in fieight and 24 to 48 feet in width D Changing message center means an electronically controlled message center that displays differenf copy changes on the same lamp bank E Directional sign means a sign which is located to guide or direct pedestrian or vehicular traffic to parking entrances exits and service areas and may not exceed six square feet in area or 10 feet in height For projects that have parking lots in excess of 500 spaces the sign area may be 10 square feet and the sign height 15 feet F Doublefaced sign means a sign withtwo faces G Electrical sign means a sign or sign structure in which electrical wiring connections andor fxtures are used as part of the sign proper H Facade means the entire building front or street wall face including grade to the top of the parapet or eaves and the entire width ofthe building elevation 1 Flashing sign means an electrical sign or a portion thereof which changes light intensity in a sudden transitory burst or which switches on and off in a constant pattem in which more than onehird of the nonconstant light source is off at any one time J Freestanding sign means a sign that meefs the definibon of ground sign also commonly referred to as a monument sign or pole sign Signs attached to fences or other structures that are not defined as buildings will be considered freestanding signs K Frontage means the measurement in linear feet of the length of the property line for a singletenant building or length of leased building frontage for multitenant buildings or multi6uilding complexes L Grade means the relative existing ground level in the immediate vicinity of the sign M Ground sign means a sign attached to the ground and supported by the ground or a builtup landscaped area such that tJie sign appears solid with the ground The height of a ground Ordinance No 6360 Apri17 2011 Page 7 of 28 PH.1 sign shall be measured from the surrounding grade Also commonly referred to as a monument sign N Identification sign means a sign containing the name of the business establishment occupant of the building or tenant space andor address of the premises O Incidental sign means a sign that is generally informa6onal and of a noncommercial nature intended primarily for the convenience of the public and having a maximum area of finro square feet Incidental signs includebut are notlimited to signs designating restrooms hours of operation entrances and exits to buildings and parking lots help wanted public telephones etc Also included are property control and waming signs such as no trespassing no dumping etcand plaques tablets or inscripfions which are an integral part of a building P Mansard roofineans a sloped roof or rooflike facade architecturally able to be treated as a building wall Q Marquee means a permanent structure attached to supported by and projecting from a building and providing protection fromthe weather elements For the purpose of this chapter a freestanding permanent rooflike structure providing protection from the elements such as a senrice station gas pump canopy will also be considered a marquee The term macquee also includes canopy R Marquee sign means any sign which forms part of or is integrated into a marquee and which does not extend horizontally beyond fhe limifs of such marquee For the purpose of this chapter a marquee sign will be considered as a wall sign S Median sign means a sign that is placed within the median of a public street T Multiplebuilding complex means a group of commercial or industrial stnactures developed as a group either simultaneously or in phases with more than one building per parcel U Multipletenant building means a single structure housing more than one retail business office or commercial venture but not including residential apartmenf buildings which share the same lot access andor parking facilities V Onpremises sign means a sign which carries advertisements incidental to a lawful use of the premises on which it is located inctuding signs indicating the business transacted at services rendered goods sold or produced on the premises name of the person firm or corporafion occupying the premises W Offpremises sign means any sign which advertises an establishment merchandise service goods or entertainment which is sold produced and manufactured or fumished at a place other than on the property on which said sign is located X ParapeY means a false front or wall extension above the roofline Y Perimeter means a square or rectangle required to enclose the sign area Z Portable sign means any sign made of any material including paper cardboard wood or metal which is capable of being moved easily and is not permanently affixed to the ground structure or building This also includes sidewalk or sandwich board signs except those wom by a person AA Premises means the real estate as a unit which is involved by the sign or signs mentioned in this chapter BB Projecting sign means a sign which is attached to a structure or building wall in such a manner that the leading edge extends more than 16 inches beyond the surFace of said structure or wall but does not extend more than five feet beyond tiie property line extends no more than six inches above any roofline and meets all standards for ground clearance Signs that meet the definition of marquee sign or suspended sign will not be considered aprojecting sign CC Real estate sign means a portable sign erected by the owner or the owners agent advertising the real estate upon which the sign is located for rent lease or sale DD Revolving sign means any sign that rotates or tums in motion by electrical or mechanical means in a circular pattern EE Roof sign means a sign erected upon or above a roof or parapet of a building or structure Mansard roof signs shall be considered as wall signs Roof signs may not extend more than five feet in height above the roof Ordinance No 6360 April7 2011 Page 8 of 28 PH.1 FF Sign means any visual communication device structure or fixture which is visible from any rightofway intended to aid a land use in promoting the sale or identification of a product good or service using graphics symbols orwritten copy For the purpose of this chapter a sign shall not be considered to be building or structural design It shall be restricted solely to graphics symbols or written copy that is meant to be used in the aforementioned way This definition shall include inflatable signs balloons or other similar devices GG Sign area means 1 The totaf acea of a sign visible from any one viewpoint or direction excluding the sign support structure architectural embellishments or framework thatcontains no written copy and includes only one side of a doublefaced sign 2 Individual letter signs using a wall as the background without added decoration or change in wall color shall be calculated by measuring the perimeter enclosing each letter The combined total area of each indiVidual lettershall be considered the total area of the sign 3 Module signs consisting of more than one sign cabinet shall be computed by adding together the total area of each module 4 Perimeter of sign area shall be established by the smallest rectangle enclosing the extreme limits of the letter module or advertising message being measured HH Sign heightmeans the vertical distance measured fromthe adjacent grade to the highest point of the sign II Sign structure means any structure that supports or is capable of supporting any sign as defined in this chapter A sign sfructure may be a single pole or may or may not be an integral part of the building or structure JJ Singletenant building means a commercial building or structure that contains one enterprise or occupanfiBuildings within a multibuilding complex may not be considered a single tenant building KK Special event signage means temporary signs including posters flags pennants and inflatable materials which are not the primary identification for the organization event or product advertised and which are primarily intended for very shortterm promotional periods LL Suspended sign means a sign that is attachedto and suspended from a marquee or canopy and subject to rightofway and clearance regulations MM Temporary sign means any sign or advertising display constructed of wood vinyl cloth canvas light fabric paper cardboard or other light materials with or without frames iritended to be displayed for a limited time only This defnition shall include inflatable signs NN Traffic hazard means any sign which does not meet city standards for clear zone or sight distance or which does not meet the requirements of the Amerieans with Disabilities Act 00 Wall sign means a sign attached or erected parallel to and extending not more than 16 inches from the facade or face of any building to which it is attached and supported through its entire length with the exposedface of the sign parallel to the plane of said wall or facade Window signs which do not meet the definition of atemporary sign shall be considered as wall signs PP Window sign means a sign located inside or affixed to windows of a building whether temporary or permanenf Iightedor unlighted which may be viewed from the exterior of the buildingQrd 6353 4 2010 Ord6263 4 2009 Ord 6166 1 2008 Ord 5993 1 2006 Ord 4705 2 1994 Ord 4229 2 1987 1856025 Real estate signs No sign permit is required except as provided in subsection F of this section All exterior real estate signs must be of wood or plastic or other durable materiaL The permittedsigns are as fqllows A Residential for sale and sold signs such signs shall be limited to one sign per street frontage not to exceed five square feef in sign area per side placed entirely on the property for sale and not to exceed a heigHt of seven feet B Residential directional open house signs sueh signs shall be limited to one sign per street frontage on the premises for sale andthree offpremises signs However if a broKeragent Ordinance Na 8360 April 7 2011 Rage 9 of 28 PH.1 has more than one house open for inspection in a single development or subdivision heshe is limited tofour offpremises open house signs in the entire development or subdivision Such signs are permittecJ only during daylight hours and when the brokeNagent or seller or an agent is in attendance at the property for sale No such sign shall exceed five square feet in sign area per side Tfie sign may be placed along the periphery of a public rightofway provided it does not interfere with traffic safefy but it may not be attached to a utility pole or traffic safety device C Undeveloped commercial and industrial property for sale or renY signs one sign per street frontage advertising undeveloped commercial and industrial property for sale or for rent is permitted while the property is aetually for sale or rent The sign shall not exceed 32 square feet in sign area per side and eight feet in height D Developed commercial and industrial property for sale or renY signs one sign per street frontage advertising a commercial or indusfrial building for rent or sale is permitted while the buildingis actually for rent or sale If one face of the building is less than 10 feet fromthe building line the sign shall be placed on the building or in a window The sign shall not exceed eight feet in height if freestanding it sha0 be located more than 15 feet from any abutting property line and a public rightofway line Said sign shall not exceed 32 square feet in sign area per side E Undeveloped residential property for sale signs one sign per street frontage advertising undeveloped residential property for sale is permitted not exceeding 32 square feet in area per side nor exceeding a height of eight feet F Additional signs the planning and development directormay grant written authorization to allow temporary offpremises sigRsirisigns in addition to those permitted abov The size of these sipns shall be determined bv the planning and development director based on factors includinq but not limited to syff4gadingsurroundinQ land uses sight distance and traffic safetv but in na instances shall the height of the sign exceed eight 8 feet and thetotal siQn face area exceed sixtyfour 64 sauare feet Notice of adjacent property owners sqaReshall not be required Such additional signs may be usedteused to advertise open houses to advertise properties for sale lease or rent to provide directions to new developments or similar purposes Such signsa4aysiQns mav 6e placed within the PWbliGFiglublic riqhtof way provided they do not interfere with traffic safety 6ut they FAayRetmay not be attached to utility poles or traffic safetydeVices For the placement of siqns within the public riahtofwav the planninq and development director shall consult with the Citv Engineer Police Chief Risk Manager and other staff as appropriate regardinq the placement size and number of signs that may be permissible within the public rightofway and may require hold harmless aqreements or similar leaal instrument prior to sign placement as a condition of authorization The planning and devetopment director shall determine the number and locations of such signs and the period during which they may be displayed The planning and development director shalt take into j account the number of existing sigasrisi ns in any proposed location and s4a14mg limit or prohibit new ones so as to prevent a traffic safety hazardor a detrimental effect on neighboring property Ord 6287 2 2010 Ord 5993 1 2006 1856030 General provisions all districts Effective before March 16 2012 A Community Signs The planning and development director may approve and permit to be erected entrance signs at or near the city limits on city public rightofway or on privafely owned parcels with the owners permission on which may be listed institutional names service clubs or organizations or points of interest or similar public information Rightofway use permits may be required for signs located in the public rightofway except as permitted by su6section 1211 132 I or J of this secfion B Temporary Signs 1 Until March 16 2012 special eyent signage may be allowed in the RO ROH CN C 1 C2 C3 DUCBP LF M1 M2 EP and the nonresidential used properties in the Terrace Ordinance No 6360 April 7 2011 Page 10 of 28 PH.1 View district and the PUD Lakeland Hills South subject to obtainment of temporary sign permit authorization from the city and compliance with the following as applicable a The area of any single sign shall not exceed 30 square feet b Special event signs as authorized herein shall not have the following i Illumination of any kind ii Strobing or blinking or flashing lights iii Electrical animation iv Changeable reader copy electronic or manual c Special event signage shall not exceed themaximum height limitations of the underlying zoning district d Special event signs may have spinning elements attached to them including but not limited to flags or pennants or balloons or windsocks attached to them provided that they do not at any time constitute a traffic safety or pedestrian safety hazard e Balloons and windsock special event signage shall not be authorized to be placed in the public rightsofway or onsite landscape areaor off site on another private parcel of land that does not contain the business or service being advertised f Flag and pennant special event signage may be authorized to be placed in the public rightsofway provided that placement in the public rightsofway does not constitute a traffic safety or pedestrian safety hazard and does not create nonconformance to theAmericans with Disabilities Act gFlag and pennant special eyent signage may be authorized to be placed in onsite landscape area and off site on another priyateparcel of landthat does not contain the business or service being advertised provided that placement in onsite landscape areas does not impede sight distance and that offsite placement on another property has received prior property owner authorization 2 Until March 16 2012 banners may be allowed in the RO ROH CN C1 G2 C3 DUC BP LF M1M2 EP and tlie nonresidential used properties in the Terrace View district and the PUD Lakeland Hills South subject to obtainment of temporary sign permit authorization fromthe city and compliance with fhe following a The area of any single banner used by a single business on a site shall not exceed 32 square feet provided that banners crossing roadways as approved by the city shall not exceed 120 square feet b Formultitenant buildings andor multibusiness complexes each business shall be authorized to have a banner provided that the size of each banner shall be limited to a maximum of 32 square feet and provided that banners crossing roadways as approved by the city shall not exceed 120 square feet c Banners as authorized herein shall not have the following i Illumination of any kind ii Strobing or blinking or flashing lights iii Electrical animation iv Changeable reader copy electronic or manual d Banner signage shall nbt exceed the maximum height Jimitations of the underlying zoning district e Banners may have spinning elements attached to them including but not limited to flags or pennants or 6alloons or windsocks attached to them provided that they do not at any time constitute a traffie safety or pedestrian safety hazard f Banners may 6e authorized to be placed in the public rightsofway provided that placement in the public rightsofway dges not constitute a traffic safety or pedestrian safety hazard or does notcreate nonconformance to the Americans with Disabilities Act g Banners may be authorized to be placed in onsite landscape area and off site on another private parcel of land that does not contain the business or service being advertised provided that placement in onsite landscape areasdoes not impede sight distance and that off site placement on another properly has received prior property owner authorization Ordinance No 6360 April 7 2011 Page 11 of 28 PH.1 C Civic Events Street banners maybe permitted subject to approval and installation in accordance with rules and procedures established by the city of Aubum public works department D Sign Lighting Provisions 1 All lighting shall be arranged to reflect away from any residential zone No person shall construct establish create or maintain any stafionary exterior lighting or illumination system or any interior system which is intended to be viewed from a street highway or other public thoroughfare used for vehicular traffic which system contains orutilizes a Any exposed incandescent lamp with wattage in excess of 25 watts b Any exposed incandescent lamp with a metallic reflector c Any exposed incandescent lamp with an extemal reflector d Any revolving beacon light e Any continuous or sequential flashing operation except as allowed for changing message center signs in subsection F of this section 2 The provisions of subsection 131 ofthis seetion shall not apply to a Lighting systems owned or controlled by any public agency for the purpose of directing or controlling navigation traffic or highway or street illumination b Aircraft waming lights E Gonstruction Provisions Sight bistance Exposed Angle Iron and Wire 1 Each sign shall be adequately constructed in accordance with the requirements of the Intemational Building Codes as amended 2 Signs containing electrical circuitry shall meef the requirements of theNational Electrical Code and all state laws and shall include an approved testing lab sticker 3 Signs must meet vehicular sight distance requirements established by the city engineer pursuant to the city of Auburn engineering design standards 4 When a projecting sign is used no angle irons guy wires or braces shall be visible except those that are an integral part of the overall design such as decorative metals or woods or unless they are cequired forsafety F Changing Message Genter Signs Where permitted under this chapter changing message center signs shall comply with the following requirements provided that changing message eenter signs that only display time and temperature or similar public service information shall be exempt from these requirements 1 Where Allowed Changing message center signs shall only be allowed in the I P1 G 1 G2 DUC C3 M1 and M2 zones a In the I and C1 zones changing message center signs shall only be allowed on frontages along a collector minor or principal arterial street b In the I zone no hanging message center sign shall operate between the hours of 1000 pm and 600 am c In the DUC zone changing message center signs shall only be allowed when located adjacent and oriented to Aubum Way NorthAubum Way South street frontages For other sign standards for the DUC zone see ACG 1829060I 2 Number No more than one changing message center sign per street frontage shall be permitted on each property 3 Sign Face Area Except in the I and P1 zones the changing message center shall not constitute more than 75 percent of a signs total sign face area 4 Display a The display of the sign shall not change more rapidly than once every one and one half seconds b No scrolling message shall require more than five seconds to be displayed in its entirety 5 Light Levels a Changing message center signs shall have installed ambient light monitors and shall at all times allow such monitors to automatically adjust the brightness level of fhe sign based on ambient light conditions Ordinance No 6360 April 7 2011 J Page 12 of 28 PH.1 b At no time shall a changing message center sign be operated at a brightness level greatee than the manufacturers recommended levels c All lighting shall be arranged to reflect away from any residential zone Thedirector shall have the authority to require a sign permit application include information to ensure the intent of fhis requirement is met d The brightness level shall not exceed 8000 nits when measuredfromthe signs face at its maximum tirightness during daylight hours and 500 nitswhen measured fromthe signs face at its maximum brightness befinreen dusk and dawn 6 OnPremises Advertising Only Changing message center signs shall only advertise onpremises products and services or display publie senriee messages or messages on behalf of notforprofit organizations 7 Additional Requirements A copy of the manufacturers operating manual shall 6e provided to the city upon request 8 Amortization All changing message center signs that do not comply with the requirements of subsections F4 and 5 of this section shall be brought into compliance with those requirements by April 1 2009 G Change of Copy The holder of a permit for the duration thereof shall have the right to change the advertising copy on the structure or sign for which the permit was issued without being required to pay any additional fees H Exemptions Unless otherwise specified or unless expressly prohibited it is not the intent of this chapter to regulate the following signs 1 The flag of a government or noncommercialinstitutions such as schools with the poles treated as structures 2 Official public notices official court notices 3 Incidental signs see ACC 18560200 Definitions 4 Signs not visible from public rightofway 5 Lettering or symbols painted directly onto or flushmounted magnetically onto an operable vehicle 6 Painting repainting cleaning repairing and other normal maintenance unless structural or electrical changes are made 7 Religious symbols not attached to a permitted sign 8 Memorial signs or tablets names of buildings dates of erection and the like which are incorporated into the building material and facade 9 Signs required by law trafflc or pedestrian control signs signs indicating scenic or historic points of interest which are erected by or on the order of a public officer in the pertormance of his or her public duty 10 Sculpfures fountains mosaics and design features which do not incorporate advertising or identification 11 Temporary signs limited exclusively to noncommercial speech I Until March 16 2012 portable signs shall be allowed in the RO ROH CN C1 C3 BP LF M1 M2 EP and the nonresidential used properties in the Terrace View district and the PUD Lakeland Hills South subject to obtainment of temporary sign permit authorization fromthe city and compliance withthe following as applicable 1 For singletenant buildings andor sites one portable sign shall be allowed per building or property frontage as applicable 2 Each business in a multitenant building andor multibuilding complex shall be limited to a maximum of one portable sign 3 For multitenant buildings andor multibuilding complexes that propose to place one or more portable signs within the onsite landscaped area atthe intersection oftwo public or privafe streets or at a driveway intersection with a public or private street compliance to the citys minimum sight distance requirements shall be maintained at all times 4 For multitenant buildings andor multibuilding complexes that propose to place one or more potable signs along the property street frontage of a public or private street thetotal Ordinance No 6360 April 7 2011 Page 13 of 28 PH.1 number of allowable portable signs along said frontage shall be limited as follows to reduce the visual and aesthetic impact to the city a Zero to 25 lineal feetof public or priVate street frontage one portable sign every three lineal feet of street frontage up to a maximum of three signs at any given time b Twentysix to 50 lineal feet of public or private street frontage one portaple sign every three lineal feet of streetirontage up fo a maximum ofour signs at any given time c Fiftyone to 75 lineal feet of public or private street frontage one portable sign every three lineal feet of street frontage up to a maximum of five signs at any given time d Seventysix to 100 lineal feet of public or private street frontage one portable sign every three lineal feet of street frontage up to a maximumof six signs at any given time e One hundred one fo 125 lineal feet of public or prnrate street frontage one portable sign everythree lineal feet of street frontage up to a maximum ofseven signs at any given time f One hundred twentysix to 150 lineal feet of public or private street frontage one portable sign every three lineal feet of streef frontage up to a maximum of eightsigns at anygiven time g One hundred fiftyone to 175 lineal feet of public or private street frontage one portable sign every three lineal feet of street frontage up to a maximum of nine signs at any given time h One hundred seventysix lineal feet and greater of public or private street ftontage one portable sign every three lineal feet of street frontage up to a maximum of 10 signs at any given time i The planning director shall have the discretionary authority to authorize additional portable signs along a public or private street frontage when in his or her determination such allowance will not substantively impact the visual andor aesthetic impaef fo the city and such ailowance is warranted by physical site conditions or economic or business considerations or otheractors as deemed reasonable by the planning director 5 Portable signs shall not be located in one or more existing parking spaces ona development site 6 Portable signs as authorized herein shall not have the following a Illumination ofiany kind b Strobing or blinking or flashing lights c Electrical animation d Changeable reader copy electronic or manual 7 Portable signs may have spinning elements including but not limited to flags or pennants or balloons or windsocks attached to them provided that they do not at any time constitute a traffic safety or pedestrian safety hazard 8 Portable signs advertising a business or service not located on the same siteshall be allowed to be located off site from the business or service being adVertised provided that prior property owner authorization has been obtained by said business operator or service provider 9 Each portable sign shall have a maximum total sign size of 36 inches in height and 30 inches in width and be limited to two faces 10 Portable signs shall be allowed in the public rightofway provided that any and all signs are not placed within vehicle travel lanes or improvedunimproved vehicle shoulder areas or bicycle lanes are not placed in fronf of or block access to marked bus transit stops do not interFere with or impede pedestrian fraffic or crossings and do not create nonconformance to the Americans with Disabilities Act J Untit March 16 2012 offPremises directional signs shall be allowed in the RO ROH CN C1 C2 C3 DUC BP LF M1 M2 EP and the nonresidential used properties in the Terrace View district and the PUD Lakeland Hills South su6ject to obtainment of temporary sign permit authorization from the city and compliance with the following as applicable 1 Offpremises directional signs as authorized herein shall not have the following a Illumination of any kind b Strobing or blinking or flashing lights c Electrical animation Ordinance No 6360 April 7 2011 Page 14 of 28 PH.1 d Changeable reader copy electronic or manual 2 Offpremises directionaf signs may have spinning elements including but not limited to flags or pennants or balloons or windsocks attached to them provided that they do not at any time constitute a traffic safety or pedestrian safety hazard 3 Offpremises directional signs may be authorized to be placed in the public rightsof way provided that placement in the public rightsofway does not constitute a traffic safety or pedestrian safety hazard and does not create nonconformance to theAmericans with Disabilities Act 4 Offpremises directional signs may be authorized to be placed in onsite landscape area or off site on another private parcel of land that does not contain the business or service being advertised provided that placement in onsite landscape areas does not impede sight distance and that offsite placement on another property has received prior property owner authorization 5 Offpremises directional signs shall not be located in one or more existing parking spaces on a development site 6 Offpremises dicectional signs shall have a maximum sign face area of 12 inches by 24 inches and a total height of 42 inchesinclusive of any wood metal plastic or other support and a maximum of two sign faces K Prohibited Signs From and after the effective date of theordinance codified in this chapter it shall be unlawful for any person to erect or place within the city except as otherwise authorized 1 A swinging projecting sign 2 Portable signs except as permitted by ACC 1856025 Real estate signs ACC 1856040E G2 Zoning District and subsections I1 through 10 of this section 3 Banners pennants ribbons streamers spinners rotating or blinking lights strings of lights or similar devices ezcept as permitted by subsection B of this section Temporary Signs 4 Flashing signs except as permitted in subsection D of this section Sign Lighting Provisions 5 Changing message center signs except as allowed in the I P1 C1 C2 C3 M1 and M2 zones 6 Signs attached to or placed on a vehicle or trailer parlced on private or public property that is not associated with the business advertised on said signs This provision is not to be construed as prohibiting the identifeation of a firm or its principal products on a vehicle used in the normal course of business This does not include automobile for sale signs or signs attached to franchised buses or taxis 7 Private signs placed in or on a public rightofway except for as expressly permitted by this chapter 8 Any sign which constitutes a traffic hazard or detriment to traffic safetyby reason of its size location movement coloring or method of illumination or by obstructing the vision of drivers or detracting from the visibility of any official traffic control device by diverting or tending to divert the attention of drivers of moving vehicles from traffic movement on streets roads intersections or access facilities No sign shalf be erected so that it obstructs the vision of pedestrians by glare or method of illumination or constitutes a hazard to traffic No sign may use words phrases symbols or characters in such a manner as to interFere with mislead or confuse traffic 9 Any sign or advertising structure or supporting structure that is tom damaged defaced ordestroyed 10 Signs attached to poles installed by govemmental agencies utility poles trees rocks or other natural feafures 11 Signs attached to benches garbage cans or other street fumiture located within the public rightofway 12 Rotating signs 13 Billboards Ordinance No 6360 April 7 2011 Page 15 of 28 PH.1 14 Any sign which does not structurally or materially conform to the requirements of the citys adopted Intemational Building Code L Nonconforming Signs Permanent signs established legally prior to the adoption of the ordinance codifed in this chapter that do not conform to the regulations of this chapter with regard to number size height or location shall be allowed to remain as legal nonconforming signs exceptas follows 1 Whenever a new building replaces the principal building 2 When there is an expansion of anexisting building the requirements of this section shall apply only if there is an increase in floor area of 25 percenf or more including the cumulative increase of previous expansions after the effective date of the oMinance amending this section 3 Whenever a nonconforming use is replaced by a conforming use the requirements of this section shall apply in full to the new use if and only if there is a change in required signage due to the zoning district 4 Any sign including the sign structure now or hereafter existing which no longer advertises a bona fide business conducted or a product sold Such signs shall betaken down and removed by the owner agent or person having the beneficial use of the land building or structure upon which such sign may be found within 90 days after written notification from the building official M Master Sign Plans Authorized The planning and development director has the authority to require a master sign plan to ensure a consistent and coordinated signage scheme for development proposals In approving master sign plans under the provisions ofthis subsection the director has the authority to approve signage schemes that allow for signs greater in area and heighf than allowed in the particularzone in which the development is located when a coordinated signage scheme is used Mastersignage plans shall be recorded N Maintenance and Safety All permanent temporary and portable signs and components thereof must be maintained in good repair and in a safe neat clean and attcactive condition Failure to maintain a signs in accordance with this subsection shall be subject o the code compliance provisions of the Auburn City Code Ord 6353 5 2010 Ord 6287 2 2010 Ord 6263 5 2009 Ord 6166 2 20080rd 5993 1 2006 Ord 5342 2 2000 Ord 4705 2 1994 Ord 4229 2 1987 1856030 General provisions all districts Effective March 16 2012 A Community Signs The planning and development director may approye and permit to be erected entrance signs at or near the city limits on city public rightofway or on privately owned parcels with the owners permission on which may be listed institutional names service clubs or organizations or pointsof interest or similar public information Right0fway use permits may be required for signs located in the public rightofway B Temporary Signs 1 Special event signage may be allowed subject to the following a Use of such signage is limited to 10 days per display not to exceed 10 days in any 90 day period b The area of any single sign shall not exceed 30 square feet 2 Banners rnay be allowed subject to the following a No more than two such 5igns may be used per site at any given time b Use of such signs is limited to 90 consecutive days and may not exceed 90 days in any 120day period c Thearea of any single banner used by a single business on a site shall not exceed 32 square feet 3 Signs which are placed upon or withina window and which are intended to be viewed fromthe rightofway shall not exceed 50 percent of the windowarea 4 Permits are not required except that signs exceeding the allowable size and time duration must receive a permit issued by the planning and development director if special circumstances exist that warrant the additional signage Ordinance No 6360 April 7 2011 Page 16 of 28 PH.1 C Civic Events Street banners may be permitted subject to approval and installation in accordance with rules and procedures established by the city of Aubum public works department D Sign Lighting Provisions 1 All lighting shall be arranged to reflect away from any residential zone No person shall construet esablish create or maintain any stationary exterior lighting or illumination system or any interior sysfem which is intended to be viewed rom a street highway or other public thoroughfare used for vehicular traffic which system contains or utilizes a Any exposed incandescent lamp with wattage in excess of 25 watts b Any exposed incandescent lamp with a metallic reflector c Any exposed incandescenf lamp with an extemal reflector d Any revolving beacon light e Any continuous or sequential flashing operation except as allowed for changing message center signs in subsection F of this section 2 The provisions of subsecfion 131 of this section shall not apply to a Lighting systems owned or controlled by any public agency for the purpose of directing or controlling navigation traffic or highway or street illumination b Aircraft warning lights E Construction Provisions 3ight Distance Exposed Angle Iron and Wire 1 Each sign shall be adequately constructed in accordance with the requirements of the Intemational Building Codes as amended 2 Signs containing electrical circuitry shallmeet tfie requirements of the National Electrical Code and all state laws and shall include an approVed testing lab sticker 3 Signs must meet vehicular sight distance requirements established by the city engineer pursuantto the city of Aubum engineering design standards 4 When a projecting sign is used no angle irons guy wires or braces shall be visible except those that are an integral part of the overall design such as decorative metals or woods or unlessthey are required for safety F Changing Message Center Signs Where permitted under this chapter changing message center signs shall comply with the following requirements provided that changing message center signs that only display time and temperature or similar public service information shaU be exempt from these requirements 1 Where Allowed Changing message center signs shall only be allowed in the I P1 C 1 C 2 DUC C3 M1 and M2 zones a In the I and C1 zones changing message center signs shall only be allowed on frontages along a collector minor or principal arterial street b In the I zone no changing message center sign shall operate between the hours of 1000 pm and 600 am c In the DUC zone changing message center signs shall only be allowed when located adjacent and oriented to Aubum Way NorthAubum Way South street frontages For other sign standards for the DUG zone see ACC 1829060I 2 Number No more than one changing message center signper street frontage shall be permitted on each property 3 Sign Face Area Excspt in thel and P 1 zones fhe changing message center shall not constitute more than 75 percent of a signs total sign face area 4 Display a The display of the sign shall not change more rapidly than once every one and one half seconds b No scrolling message shall require more than fve seconds to be displayed in its entirety 5 Light Levels a Changing message center signs shall have installed ambient light monitors and shall at all times allow such monitors toautomatically adjust the brightness level of the sign based on ambient light conditions Ordinance No 6360 April 7 2011 Page 17 of 28 PH.1 b At no time shall a changing message center sign be operated at a brightness level greater than the manufacturers recommended levels c All lighting shall be arranged to reflect away from any residential zone The director shall have the authority to require a sign permit application include information to ensure the intent of this requieement is met d The brightness levelshall not exceed 8000 nits when measured from the signs face at its maximum brightness during daylight hours and 500 nits when measured from the signs face atits maximum brightness befinreen dusk and dawn 6 OnPremises Advertising Only Changingmessage centersigns shall only advertise onpremisesproducts and servicesor display public service messagesor messages on behalf of notforprofit organizations 7 Additional Requirements A copy of the manufacturers operating manual shall be provided to the cify upon request 8 Amortization All changing message center signs that do not comply with the requirements of sutisections F4 and 5 of this section shall be broughf into compliance with those requirements by April 1 2009 G Change of Copy The holder of a permit forthe duration thereof shall have the right to change the advertising copy on the structure or sign for whichfhe permit was issued without being required to pay any additional fees H Exemptions Unless otherwise specified or unless expressly prohibited it is not the intent of this chapter to regulate the following signs 1 The flag of a govemment or noncommercialinstitutions such as schools with the poles treated as structures 2 Official public notices official court notices 3 Incidental signs see ACC 18660200 Definifions 4 Signs not yisible from pu6lic rightofway 5 Lettering or symbols painted directly onto or flushmounted magnetically onto an operable vehicle 6 Painting repainting cleaning repairing and other normal maintenance unless structural or electrical changes are made 7 Religious symbols not attached to a permitted sign 8 Memorial signs or tablets names of buildings dates of erection and the like which are incorporated into the building material and facade 9 Signs required by law traffic or pedestrian control signs signs indicating scenic or hisforic points of interest which are erected by or on the order of a pubfic officer in the performance of his or her public duty 10 Sculptures fountains mosaics and design features which do not incorporate advertising or identification 11 Temporary signs limited exclusively to noncommercial speech 1 Prohibited Signs From and after the effective date of the ordinance codified in this chapter it shall be unlawful for any person to erect or place within the city except as otherwise authorized 1 A swinging projecting sign 2 Portable signs except as pertnitted by ACC 1856025 Real estate signs and ACC 1856040E C2 Zoning District 3 Banners pennants ribbons streamers spinners rotating or blinking lights strings of lights or similar devices except aspermitted 6y subsecfion B of this section Temporary Signs 4 Flashing signs except as pertnitted in subsection D of this section Sign Lighting Provisions 5 Changing message center signs except as allowed in the I P1 C1 C2 C3 M1 and M2 zones 6 Signs attached to or placed on a vehicle or frailer parked on private or public property that is not associated with the business advertised on said signs This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vefiicle used in Ordinance No 6360 April 7 2011 Page 18 of 28 PH.1 the normal course of business This does not include automobile for sale signs or signs attached to franchised buses or taxis 7 Private signs placed in or on a public right0fway except for as expressly permitted by this chapter 8 Any sign which constitutes a traffic hazard or detriment to traffic safety by reason of ifs size location movement coloring or method of illumination or by obstructing the vision of drivers or detracting fromthe visibility of any official traffic control device by diverting or tending to divert the attention of drivers of moving vehicles from traffic movement on streets roads intersections or access facilities No sign shall be erected so that it obstructs the vision of pedesfians by glare or method of illumination or constitutes a hazard to traffic No sign may use words phrases symbols or characters in such a manner as to interFere with mislead or confuse traffic 9 Any sign or advertising sttucture or supporting structure that is torn damaged defaced or destroyed 10 Signs attached to poles installed by govemmental agencies utility poles trees rocks or other natural features 11 Signs attached to benches garbage cans or other street furniture located within the public rightofway 12 Rotating signs 13 Billboartls 14 Any sign which does not stcucturally or materially conform to the requirements of the citys adopted International Building Code J Nonconforming Signs Permanent signs established legally prior to the adoption of the ordinance codified in this chapter that do not conform to the regulations of this chapter with regard to number size heighf or location shall be allowed to remain as legal nonconforming signs excepY as follows 1 Whenever a new building replaces the principal building 2 When there is an expansion of an existing building the requirements of this section shall apply only if there is an increase in floor area of 25 percent or more including the cumulative increase of previous expansions after the effective date of the ordinance amending this section 3 Whenever a nonconforming use is replaced by a conforming use therequirements of this section shall apply in full to the new use if and only if there is a change in required signage due to the zoningdistrict 4 Any sign including the sign structure now or hereafter existing which no longer advertises a bona fide business conducfed or a product sold Such signs shall be taken down and removed by the owner agent or person having the beneficial use of the land building or structure upon which such sign may be found within 90 days after written notification from the building official K Master Sign Plans Authorized The planning and development director has the authorityto require a master sign plan to ensure a consistent and coordinated signage scheme for development proposals In approving master sign plans under the provisions of this subsection the director has the authority to approve signage schemes that allow for signs greater in area and height than allowed in the particular zone in which the development is located when a coordinated signage scheme is used Master signage plans shall be recorded L Maintenance and 3afety Alf permanent temporary and portable signs and components thereof must be maintained in good repair and in a safe neat clean and attractive condition Failure to maintain a signs in accordance with this subsection shall be subject to the code compliance provisions of the Aubum City Code Ord 6353 6 2010 Ord 6287 Z 2010 Ord 6263 6 2009 Ord 6166 2 2008 Drd 5993 1 2006 Ord 5342 2 2000 Ord 4705 2 1994 Ord 4229 2 1987 1856040 Regulation by district Ordinance No 6360 April7 2014 Page 19 of 28 PH.1 A RR RS LHRS R1 LHR1 R2 LFiR2 R3 LHR3 R4 LFiR4 RMHP LHRMHP Zoning Districts Nonresidential Uses Exceptas Noted 1 Residential entry monument A cumulative area of 50 square feet or 10 feet in height highesfi point of sign structure not to exceed two per entrance provided that no sign exceeds 32 square feet in area 2 Maximum sign area of all signs is 40 square feet per frontage 3 Freestanding Signs a Total number permitted one per frontage not to exceed two total freestanding signs per property b Maximum height 10 feet c Maximum area 32 square feet per face calculated at a rate of one square foot of sign area for every three lineal feet of firontage The minimum entitlement for freestanding signs shall be one 16squarefoot sign for those sites with frontages less than48 feet 4 WaU Signs for Building orTenant Space a Total number permitted one per frontage not to exceed two total wall signs per building b Maximum area 32 squarefeet calculated at a rate of one square foot of sign area for every three lineal feet of frontage The minimum entitlement for wall signs shall be one 16 squarefoot sign for those sites with frontages less than 48 feet 5 Signs may be indirectly illuminated only B RO ROH CN C1 LHC1 BP Zoning Districts Nonresidential Uses 1 Maximum sign area of all signs is 150 square feet per frontage 2 Freestanding Signs a Total numberpermitted one per frontage not to exceed two total b Maximum height 22 feet 10 feet in the RO zone c Maximum area 100 square feet per face 75 square feet per face in the RO zone calculated at a rate of one square foof of sign area for every two lineal feet of frontage Minimum entitlement for freestanding signs shall be one sign at 32 square feet for those sites with less than 64 feet of frontage d If permitted the second freesfanding sign shall not exceed 50 percent of the area allowed for a single freestanding sign and 150 feet measured in a straightline distance must separate multiple pole signs 3 Wall Signs for Building or Tenant Space a Total number permitted One perfrontage b Maximum area 100 square feet calculated at a rate of one square foot of sign area for every 15 lineal feet of frontage For multitenant buildings where freestanding signage contains the name of not more than one tenant business eg a prime tenant name or a shopping center name an additional 25 percent of wall signage per tenant space shall be allowed This increase in signage shall not apply to minimum entitlement for wall signs which shall be one sign at 16 square feet c Signs may be directly or indirectly illuminated 4 Suspended Signs a Total number permitEed one per entrance b Maximum area six square feet per face c Minimum clearance is eight feet from sign to grade 5 Projecting Signs a Nof permitted in CN RO or R0M b TotaF number permitted one in lieu of a permitted freestanding sign c Maximum height height requirement of the zoning district d Maximum area 50 percent of the area allowed for single freestanding signs C P1 LHP1 I LHI Zones 1 Freestanding Signs a Total number permitted one per frontage not to exceed finro total b Maximum height 18 feet Ordinance No 6360 April 7 2011 Page 20 of 28 PH.1 c Maximumarea 80 square feet per face calculated at a rate of one square foot of sign area for every two lineal feet of frontage The minimum entitlement for freestanding signs is one sign at 32 square feet d 1f permitted the second ireestanding sign shall not exceed 50 percent of the area allowed for a single freestanding sign and 150 feet measured in a straighfline distance must separate multiple pole signs e For projects parcels or complexes that have a single street fronfage and more than 300 feet of street frontage a changing message center sign may be permitted for a total of two signs perfrontage subject to the following i Only one changing message center is provided ii Mulfiplesigns are separafed by at least 150 feet iii Thecombined area of the finro signs does not exceed 120 square feet in size and neither sign is greater than 80 square feet in size 2 Wall Signs for Building oc Tenant Space a Total number permitted two per street frontage b Maximum area 50 square feet fortotal of all wall signs per frontage c Signs may be directly or indirectly illuminated D LF M1 M2 Zoning Districts 1 Maximum sign area of all signs is 150 square feetfrontage 2 Freestanding Signs a Total number permitted two per frontage not to exceed four total b Maximum height 30 feet c Maximum area 125 square feet per face calculated at a rafe of one square foot of sign area for every two lineal feet of frontage Minimum entitlement for freestanding signs is 32 square feet for those sites without 64 feet of frontage d The total area of freestanding signs on any giVen frontage shall not exceed the area allowed for a single freestanding sign e The maximum height of signs located ona second orthird frontage shall be 20 feet f Multiple freestanding signs must be separated by 150 feet measured in a straightline distance 3 Wall Signs for Building or Tenant Space a Total number permitted one per frontage b Maximum area 100 square feetcalculated at a rate of one square foot of sign area for every 15 lineal feet of frontage 4 Projecting Signs a Total number permitted one in lieu of a permitted freestanding sign b Maximum height height requirement of the zoning district c Maximum area 50 percent of the area allowed for single freestanding sign E G2 Zoning District 1 Maximum sign area of all signs is 200 square feet 2 Hanging signs that are designed to display the availability of a specificproduct in a business limited to three square feet and no more than finro such signs per business shall be considered permanent signs but shall not be calculated as part ofithe maximum allowed signage 3 Freestanding Signs a Freestanding signs are not allowed on properties abutting or oriented toward Main Street b Total number permitted one per ftontage not to exceed two total c Maximum height 20 feet d Maximum area 75 square feef per face calculated at a rate of one square foot of sign area for each lineal foot of frontage Minimum entitlement for freestanding signs shall be one sign at 32 square feet 4 Wall Signs a Total number permitted one per frontage Ordinance No 6360 Apnl 7 2011 Page 21 of 28 PH.1 b Maximum area 150 square feet calculated at a rate of one square foot of sign area for every one lineal footof frontage For multifenant buildings where freestanding signage contains the name of nof more than one tenant business eg a prime tenant name or a shopping center name an additional 25 percent of wall signage per tenant space shall be allowed This increase in signage shall not apply to minimum entitlemenf for walls signs which shall be one sign at 16 squarefeet 5 Suspended Signs One doublefaced suspended sign not exceeding three square feet per face may be allowed for each business entrance There shall be a minimum of eight feet of Gearance between the grade and the sign 6 Portable Signs One portable sign may be allowed for each business entrance not to exceed one portable sign per building frontage subjecf to the following a May be placed within public rightofway subjecY to the guidelines provided by the planning and development director in consultation with the city engineer such that sign does not intertere with pedestrian or vehicular traffic and conforrns to the requirements ofthe Americans with Disabilities Acf b May not exceed 36 inches in height and 30 inches in width and be limited to two faces c May be displayed during business hours only d Must be constructed of either wood or another sturdy material to ensure stability in the wind e May not move spin flash or othenwise be animated f Shall meet applicable supplemental design requirements of the Aubum downtown association 7 Supplemenfal Sign Sfandards G2 Zone a Sign Design and Construction i All signs other than temporary signs shall be made of professional durable materials such as wood metal andor glass ii Signs that are indirectly illuminated shall have their light sources shieldedfrom view iii Internally illuminated signs are not permitted abutting or oriented toward Main Street b 3ign Placement i Signs shall be oriented toward pedestrian visibility and shall be positioned at such a height as to be readable by pedestrians ii Extemally mounted wall signs shall not be mounted so as to block building windows F C3 Zoning District 1 Freestanding Signs a Total number permitted two per frontage not to exceed four total b Maximum height 30 feef c Maximum area 200 squarefeet calculated at a rate of one square foot of sign area for every two lineal feet of frontage proVided that the maximum size of any sign does not exceed 125 square foot per face The minimum entitlement for freestanding signs is 32 square feet for those sites without 64 feet of frontage d The total area of freestanding signs on any given frontage shall not exceedthe area allowed for a single freestanding sign e The maximum height of signs located on a second or third frontage shall be 20 feet 2 Wall Signs for Building or Tenant Space a Maximum area 125 square feet calculated at a rate of one square foot of sign area for every 15 lineal feet of frontage 3 Projecting Signs a Total number permitted one in lieu of a permitted freestanding sign b Maximum height height requirement of the zoning district c Maximum area 50 percent of the area allowed for single fteestanding sign 4 Suspended Signs a Total number permitted one b Maximum placementheighf 25 feet c Maximum area six square feet per face Ordinance No 6360 April 7 2011 Page 22 of 28 PH.1 d Minimum clearance is eight feet from sigrr to grade 5 OffPremises Signs a Total number permitted one per business and one per parcei b Location Offpremises sign must be located in a zone that permifs offpremises signs c Maximum height 20 feet d Maximum area 50 percent of the area allowed for single freestanding sign calculated using the feet of frontage of the site wherethe sign is located e Must be within750 feet of the business being advertised f Must be separated from any existing pole sign a minimumdistance of 150 feet measured in a straightline distance g Sign can be no more than two faces h Signs may be directly or indirectly illuminated G EP Zoning District 1 Maximum sign area of all signs is 150 square feet per street frontage 2 Freestanding Signs a Freestanding signs shall be limited to ground signs b Total number permitted one per frontage not to exceed two total c Maximum height 10 feet d Maximum area 100 square feet per face calculated at a rate of one square foot of sign area for every two lineal feef of frontage Minimum entitlement for freestandingsigns is 32 square feet for those sites with less than 64 feet of frontage e Multiple freestanding signs must be separated by 150 feet measured in a straightline distanee f Minimum Yard Setbacks i Directly illuminated signs 10 feet ii Indirectly illuminated signs fi ve feet 3 Wall Signs for Building or Tenant Space a Total number permitted one per frontage b Maximum area 100 square feet calculated at a rate of one square foot of sign area for every 15 lineal feet of frontage Foc mulfitenant buildings where freestanding signage contains the name of not more than one tenarrt business eg a prime tenant name an additional 25 percent of wall signage per tenant space shall be allowed This increase in signage shall not apply to minimum enfitlement for wall signs which shall be one sign at 16 square feet Ord 6287 2 2010 Ord 6036 4 2006 Ord 5993 1 2006 Ord 4229 2 1987 1856050 Administrative provisions A Permifs Required Except as provided in subsection B of this section no signs shall hereafter be erected reerected constructed altered or maintained except as provided by this chapter and when required a building permit for the same has been issued by the building officral A separate permit shall be reguired for a sign or signs for each business entity andor a separate permit shall be required for each group of signs on a single supporting structure 1 Application for Permits Application for sign permits shall be madeto the building official on a form as provided by the building division Such application shall require a Name of business and address where work is to be performed b Name and address of property owner c Name and title of the person completing the application d Name and address telephone number of the person or firm doing he work and preferably the owner of said establishment e Washington contractors registration number industrial use permit number sales tax number f A site plan showing location of the sign in relation to buildings property lines and street rightofway including the size and location of all existing signs on the property g A scale drawing of the proposed sign or sign revision showing size height copy structural and footing details and material specifications Ordinance No 6360 April 7 2011 Page 23 of 28 PH.1 h A description of work to be performed and type of sign i Electrical load with name of electrical contractor responsible for installation of service feed wires if other than sign contractor j Structural engineers stamp required on those signs and sign structures subject to wind and seismic forces 2 Revocation of Permit The building official may in writing suspend or revoke a permit issued under the provisions of this chapter whenever tthe permit is issued in error or on the basis of incorrect information supplied or in violation of any ordinance or regulation or any of the provisions of this cliapter 3 Pecmit Fee Schedule The fees prescribed in the citys fee schedule must be paid to the city for each sign installation for which a permit is requited by this chapter and must be paid before any such permit is issued by the building official Fees for building permits for each sign erected installed affixed structurally altered relocated or created by painting shall be set in accordance with the citys fee sc6edule 4 Sign permits shall be processed in accordance with therelevant timelines and procedures identified in ACC Title 14 Project Review B Interpretation In all applications for permits where a matter of interpretation arises the most restrictive definition shall prevail Ord 5993 1 2006 Ord 4705 2 1994 Ord 4229 2 1987 1856060 Deviations variancesand appeals A The planning anddevelopment director may grant up to a 50 percent deviation to the provisions of this sign code related to sign height and sign area ln a petitionfor a deviation the planning and development director shall have the power and duty to review decide grant grant with conditions or deny the requested deviation The ptanning and development director may grant a deviation fromthe provisions of this chapter only whenthe deviation is within 50 percent of the entitlement and all of the following findings of fact are met 1 The literal interpretafion and strict application of the provisions and requirements would cause undue arid unnecessary hardship because of unique or unusual conditions pertaining to the specific building parcel oc property in question and 2 The granting ofi the requested deviation would nofi be materially detrimental to the public welfare or injurious to the property or property owners in the vicinity and 3 The granting of thedeviation would not be contrary to the general objective and intent of this chapter this title or the comprehensive plan B An applicant requesting an administrative deviation under the provisions of this chapter shall submit thefollowing along with the required filing fee 1 A letter in memorandum foRnat outlining how the request is consistent with the criteria of this subsection 2 A site plan that is accurately drawn to an engineered scale of one inch equals 40 feet one inch equals 20 feet one inch equals 10 feet that includes the following information a Boundaries and dimensions of the site b Location of buildings parking areas and adjacent sfreets c Graphic representations of all existing signs including their size height and placement on the site d Graphic representation of the proposed signs subjectto the request e Building elevation showing the placement of the sign on that elevation if applicable C The action of the planning and development direetor rejeccting approving or modifying any decision or application is a final administrative decision subjectto appeal to the citys hearing examiner Appeals of administrative decisions with regard to this chapter shall be processed consistent with ACC 1870050 D The planning and development director shalf render a written decision on the requested deviation request within seven business days of submittal of all required elements and filing fee Ordinance No 6360 April 7 2011 Page 24 of 28 PH.1 E Requesfs that exceed the 50 percenf deviafion or those not related to allowable sign height or sign area shall be processed as a variance in accordance with ACC 1870010 F The planning and development director may aliow for the repair oc replacement of nonconforming signs that have a significant historical or cultural element or are integral components of abuilding roof or facade that has asignificant historicaf or cultural element to which the sign isa confibuting component Ord 6287 2 2010 Ord 5993 1 2006 Ord 4229 2 1987 1856070 Liability This chapter shall not be consdtuted to relieve from or lessen the responsibility of any person owning building altering eonstructing removing or moving any sign in the city for damages o anyone injured or damaged either in person or property by any defect therein nor shall the city or any agent thereof be held as assuming such liability by reason of permit or inspection authorized hecein or a certifcate of inspection issued by the city or any of its agents Ord 5993 1 2006 Ord 4229 2 1987 Formerly 1856110 1856080 Conflicts repealed All sections or parts of sections of the municipal code all ordinances and all resolutions or parts of resolutions in conflict herewith be andthe same are repealed to the extent of such conflict Ord 5993 1 2006 Ord 4229 2 1987 Formerly 1856120 1856090 Administrative provisions Repealedby Ord 5993 Ord 4229 2 1987 1856100 Appeals and variances Repealed by Ord 5993 Ord 4229 2 1987 Section 3 Effect of Interim Zoning Controls For the period specified herein that the interim zoning controls are in effect said controls shall be the controlling regulatory language for applicable sections of Section 1856025 of the Auburn City Code that may be amended by the interim zoningcontrols Section 4 Term of Interim Zoning Controls The interim zoning controls imposed by this Ordinance shall become effective as provided herein and shall continue in effectfor an initial period of one year unless repealed extended or modified by the city Council affer subsequent public hearings and entry of appropriate findings of fact pursuant to RCW 35A63220 provided that the interim zoning controls shall automatically expire upon the effective date of Ordinance No 6360 April 7 2011 Page 25 of 28 PH.1 zoning and land use regulations adopted by the City Council to address siting and regulation of real estate signsin the City of Auburn Secfion S Preliminary Findings The following preliminary findings of fact are hereby adopted A That the current economic situation that began in 2008 has affected the volume of residential and nonresidential construction activity in the City of Aubum that has resulted in a reduction in thetotal number of residential building permits reviewed and approved by the City B That the reduction in the sale lease rent and development of residential and nonresidential properly in the City has substantively reduced revenue to the city in terms of real estate excise tax development review fees impact fees system development charges sales taxes and property taxes thereby having a significant and real impact on the Citys general fund and reducing total revenue available to provide public services C That because of the need to balance the economic development interests of the City and the public health safety and welfare of its citizens from any and all potenfiaf impacts of residential real estate signs special care and attention needs to be employed in developing appropriate legislation that satisfactorily addresses the concerns of the City while also conforming to legal requirements D It is appropriate to collect and compile documentation information testimony and statements of concemed citizens of the City and of other persons interested in or familiar with the issues of residential and nonresidential real estate signs and their impacts to fully explore ways to protect the City and ifs citizens from any and all adverse impacts Section S Work Plan The following work plan is adopted to address the issues involving real estate signs A That the City of Aubum Planning Commission shall be authorized and directed to conduct public work sessions and hold public hearings and public meetings to fully receive and consider statements testimony positions and otherdocumentation or Ordinance No 6360 April 7 2011 Page 26 of 28 PH.1 evidence related to the issue of residential and nonresidential real estate signs B That the Planning Commission and City staff are authorized and directed to review the experiences of other jurisdictions the status of legal cases and statistical data information studies and other evidence compiled by other municipalities of the regulation of residential real estate signs and to review the regulations ordinances and codes adopted and implemented by other municipalities to address residential and nonresidential real estate signs and any other information that is pertinent to these signs C That the City of Auburn Planning Commission shall work with City staff and the citizenry of the City to developproposals for regulation of residential and nonresidential real estate signs to be forwarded in its recommendations to the City Council for inclusion in ordinances and ultimate adoption as a part of the City Code of the City of Auburn D That the Mayor in consultation with the City Attorney Planning Development Director the Public Works Director Police Chief and other staff shall periodically advise the City Council as to the status of hearings meetings and information development regarding activities ofi the Planning Commission and City staff relative to residential and nonresidential real estate signs withsuch reports to be scheduled approximately every six 6 months or as appropriate throughout the period of theinterim zoning controls and any extensions thereof until adoption of a comprehensive ordinance as developed relating to residential real estate signs becoming effective in conjunction with the termination of the interim zoning controls referred to in this Ordinance Section 7 Public Hearing A public hearing shall be scheduled for 730 pm or as soon thereafter as the matter may be heard on the 6th day of June 2011 in City Council Chambers 25 West Main Street Aubum Washington 98001 to hear and consider the comments and testimony of those wishing to speak at such public hearing regarding Fie interim zoning controls Section 8 Severabilitylf any sections sentence clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of Ordinance No 6360 April 7 2011 Page27 of 28 PH.1 competent jurisdiction or its application held inapplicable to any person property or circumstance such invalidity or unconstitutionality or inapplicability shall not effect the validity or constitutionality of any other section sentence clause or phrase of this Ordinance ot its application to any other person property or circumstance Section 9 Effective Date That this Ordinance shall take effect and be in full force five 5 days after publication as required by law Dated and Signed this day of 2011 ITY OF AU l PETER B LEWIS MAYOR ATTEST Danielle E Daskam City Clerk APPROVED AS TO FORM r Daniel B Heitl City Attomey eK Ordinance No 6360 April Z 2011 Page 28of 28 PH.1 AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing - Moratorium on Medical Marijuana Dispensaries Date: June 1, 2011 Department: Planning and Development Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council conduct the public hearing. Background Summary: On May 2, 2011, the Auburn City Council passed Resolution No. 4701 that established a moratorium on acceptance of applications for licenses, permits and approvals for medical marijuana dispensaries . Pursuant to the Resolution, medical marijuana dispensary means any individual, business, corporation, cooperative or other entity or establishment that 1) sells marijuana to a qualifying patient as defined in Chapter 69.15A RCW; 2) dispenses marijuana more than one qualifying patient in any thirty 30 day period or to any person who does not meet the definition of qualifying patient under the terms of Chapter 69.15A RCW; or 3) maintains more than one month supply for one qualifying patient on the premises at any time. Further, the Resolution specifies that the receipt of cash or other consideration as a condition of in exchange for contemporaneously with or immediately following the delivery of marijuana shall be presumed to be a sale. The City of Auburn does not currently have a specific provision in its zoning and land use codes addressing the use of property for a medical marijuana dispensary and would need to develop the appropriate zoning and land use regulations for medical marijuana dispensaries. The City Council's passage of Resolution No. 4701 was based in part on a finding that indiscriminate and inappropriately placed medical marijuana dispensaries may result in diminution of real estate property values and may as well result in adverse impacts to the affected neighborhoods. The City Council also found that the secondary impacts associated with medical marijuana dispensaries could include crimes against the dispensaries themselves as a result of the case and drugs maintained on the site, increased criminal activity in areas around the dispensaries, loss of revenue for neighboring businesses and exposure to minors. The City Council further found that that to avoid or minimize the potential negative impacts of any future use of property for such medical marijuana dispensaries in the City of Auburn it will be necessary for there to be regulations in place to 1) properly review and assess the impacts a dispensary may have on the City and the immediate neighborhood and 2) determine reasonable and appropriate measures to be taken to mitigate those identified negative AUBURN * MORE THAN YOU IMAGINEDPH.2 impacts. The City Council determined in passing Resolution No. 4701 that in order to fully consider all the options and alternatives for regulations pertaining to medical marijuana dispensaries and fully investigate and review all of the factors involved in developing appropriate regulation of medical marijuana dispensaries, the City needed time to complete such reviews and put into place such regulations prior to acceptance of applications for licenses, permit and approvals for the operation of medical marijuana dispensaries. The City Council's passage of the moratorium specified in Resolution No. 4701 is permitted under the provisions of RCW 35A.63.220. For conformity to this statute, the City Council must hold a public hearing on the establishment of the moratorium within 60 calendar days of its adoption by Council. Please Note: Staff believes that there is still enough uncertainty pertaining to recent and potential future legislation efforts for medical marijuana dispensaries that the moratorium specified in Resolution No. 4701 continues to be warranted. O3.4.2.1.2 Reviewed by Council Committees: Finance, Planning And Community Development Other: Legal Councilmember:Norman Staff:Snyder/Heid Meeting Date:June 6, 2011 Item Number:PH.2 AUBURN * MORE THAN YOU IMAGINEDPH.2 AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing - Amendment to 2010 and 2011 CDBG Annual Action Plans Date: May 31, 2011 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council conduct a public hearing on the proposed amendment to its Community Development Block Grant 2010 and 2011 Annual Action Plans. Background Summary: The preparation of an annual action plan is required by the U.S. Department of Housing and Urban Development (HUD) in order for the City to receive federal funds under the Community Development Block Grant (CDBG) program. The City operates under a Consolidated Plan that is currently in effect for 2010-2014. The Action Plan outlines proposed expenditures to implement the goals of the City's Consolidated Plan. It identifies federal and local funds expected to be available, indicates the activities on which they will be spent, and sets goals for the number and type of services expected to be provided. The City of Auburn anticipates approximately $250,000 of unused CDBG funds will be available for projects that are consistent with federal regulations and objectives and policies of the Auburn Consolidated Housing and Community Development Plan. Planned projects include improvements to Shaughnessy Park ($50K), downtown business façade improvement program ($25K) and acquisition of property to assist Auburn Youth Resources in developing a teen drop-in program ($175K). The process of a substantial amendment process is required by the U.S. Department of Housing and Urban Development (HUD) in order for the City to receive federal funds under the Community Development Block Grant-Recovery (CDBG-R) program. A public notice and a brief description about the amendment to the 2010 & 2011 Annual Action Plans were published in The Seattle Times and posted on the City's website. Though not required by HUD, Council will conduct a public hearing on the amendment in addition to the fifteen-day public comment period. On May 23, 2011, the Planning and Community Development Committee reviewed the preliminary draft of the amendment and recommended it be forwarded to Council for approval. The Finance committee is also scheduled to review and discuss the draft on June 6, 2011. AUBURN * MORE THAN YOU IMAGINEDPH.3 O3.4.1.7 Reviewed by Council Committees: Finance, Planning And Community Development Other: Human Services Committee Councilmember:Norman Staff:Hursh Meeting Date:June 6, 2011 Item Number:PH.3 AUBURN * MORE THAN YOU IMAGINEDPH.3 AGENDA BILL APPROVAL FORM Agenda Subject: May 23, 2011 Minutes Date: May 24, 2011 Department: Police Attachments: Municipal Services Minutes 5-23-11 Budget Impact: $0 Administrative Recommendation: Information only. Background Summary: Reviewed by Council Committees: Councilmember:Peloza Staff: Meeting Date:June 6, 2011 Item Number:MS.0 AUBURN * MORE THAN YOU IMAGINEDMS.0 MUNICIPAL SERVICES COMMITTEE May 23, 2011 __ MINUTES I. CALL TO ORDER 3:30 PM, AUBURN CITY HALL, 25 W. MAIN STREET, CONFERENCE ROOM NO. 3, 2ND FLOOR Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room 3 on the second floor of City Hall, 25 West Main Street, Auburn WA. Members present: Chair Bill Peloza, Vice Chair Sue Singer, Member John Partridge. Staff present: Pete Lewis, Mayor, Chief of Police Bob Lee, Assistant Chief of Police Bob Karnofski, Assistant Chief of Police Bill Pierson, City Attorney Dan Heid, and Police Secretary Kathy Emmert. Others present: Police Chaplain Jay Coon and citizen Wayne Osborne II. AGENDA MODIFICATIONS III. CONSENT ITEMS A. Approval of Minutes of the April 25, 2011 Municipal Services Committee Meeting Vice Chair Singer moved to accept the Minutes as presented. Member Partridge seconded. Chair Peloza concurred. MOTION CARRIED: 3-0 IV. ORDINANCES AND RESOLUTIONS (Action Items) A. Resolution No. 4709 * (Lee) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an agreement between the Cities of Auburn, Burien, Des Moines, Federal Way, Renton, Seatac, and Tukwila regarding invstigative assistance at the SCORE Detention Facility Vice Chair Singer moved to forward Resolution No. 4709 to the full Council for acceptance. Member Partridge seconded. Chair Peloza concurred. MOTION CARRIED: 3-0 B. Resolution No. 4712 * (Lee) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor or his designee to execute an agreement between the City of Auburn and the Washington State Department of Corrections Page 1 MS.0 Municipal Services Minutes May 23, 2011 Page 2 for services involving department Community Correction Officers at the Auburn Justice Center Vice Chair Singer moved to forward Resolution No. 4712 to the full Council for acceptance. Member Partridge seconded. Chair Peloza concurred. MOTION CARRIED: 3-0 V. INFORMATION / DISCUSSION ITEMS A. Ordinance No. 6361* (Heid) An Ordinance of the City of Auburn, Washington, amending Ordinance No. 5250, adopted June 21, 1999, prohibiting social cards games conducted as a commercial stimulant except for those establishments currently licensed by the Washington State Gambling Commission and/or lawfully operating in the City as of June 7, 1999; establishing penalties for violations; and providing that the moratorium on social card games conducted as a commercial stimulant as established under Ordinances 5249 and 5198 be terminated unless this ordinance is deterimed to be invalid or unenforceable for any reason City Attorney Heid presented the background for this clarification of an earlier Ordinance. The Committee supports Orcinance No. 6361. B. Ordinance No. 6364 *(Lee) An Ordinance of the City Council of the City of Auburn, Washington, amending the Auburn City Code and creatin g new sections of the Code both relating to parking The Committee discussed the implications of this Ordinance and requested language amendments for review at the June 13, 2011 meeting. C. Ordinance No. 6366* (Lee) An Ordinance of the City Council of the City of Auburn, Washington, creating a new Section 10.04.015 of the Auburn City Code and a new Chapter 3.90 of the Auburn City Code, relating to the recoupment of law enforcement costs for responding to incidents involving intoxicated persons The Committee discussed the implications of this Ordinance and requested language amendments and additional documentation for review at the June 13, 2011 meeting. D. Fireworks Update (Lee) MS.0 Municipal Services Minutes May 23, 2011 Page 3 Assistant Chief Pierson provided an update of the staffing for fireworks emphasis, as well as, the times agreed upon by the Tribe for the hours the discharge area will be in use. Fireworks discharged in the discharge area will end on the following schedule: Sunday through Thursday at 10 p.m. Friday and Saturday at midnight. July 3 and 4 at 2 a.m. E. Police Chaplain’s Program Chaplain Jay Coon provided insight into the various situations into which chaplains for the Police Department and VRFA are brought, the satisfaction of being a part of these significant events for both members of the public and the departments. The absolute confidentiality of their interaction allows all to process their situations in a safe environment. The team of chaplains provides support for each other as well. The involvement of the chaplains with an organization, Charteris, provides them with a mechanism to fund minor expenses associated with their volunteer work in this capacity. F. Matrix* The Matrix is adjusted as follows: 24P – Fireworks Update – the review date is removed and updates will be provided at each meeting leading up to the July 4 holiday. 9 I – Police Chaplain’s Program – the review date is removed and comments are added to the status section reflecting the involvement of the chaplains in Charteris. VI. ADJOURN The meeting adjourned at 5 p.m. Signed this _____ day of June 2011. ________________________________ _______________________________ Bill Peloza, Chair Kathy Emmert, Police Secretary/Scribe MS.0 AGENDA BILL APPROVAL FORM Agenda Subject: May 23, 2011 Minutes Date: May 31, 2011 Department: Planning and Development Attachments: Planning & Community Development Committee Draft Minutes Budget Impact: $0 Administrative Recommendation: Information only. Background Summary: Reviewed by Council Committees: Councilmember:Norman Staff: Meeting Date:June 6, 2011 Item Number:PCD.0 AUBURN * MORE THAN YOU IMAGINEDPCD.0 DRAFT PLANNING & COMMUNITY DEVELOPMENT COMMITTEE May 23, 2011 MINUTES I. CALL TO ORDER Vice Chair Nancy Backus called the meeting to order at 5:02 p.m. in Annex Conference Room 2 located on the second floor of One Main Building, 1 East Main Street, Auburn, WA. Committee members present were: Chair Lynn Norman, Vice Chair Nancy Backus and Member John Partridge. Staff members present included: Mayor Pete Lewis, Planning and Development Director Kevin Snyder, Planning Manager Elizabeth Chamberlain, Community Services Manager Michael Hursh, Economic Manager Doug Lein, Contract Economic Development Planner William Thomas, Senior Planner Hillary Taylor, Planner Stuart Wagner, and Planning and Community Development Secretary Tina Kriss. Audience members present included: Wayne Osborne, Lee Michaelis of R.W. Thorpe and Associates, and Robert Whale of the Auburn Reporter. II. ANNOUNCEMENTS AND AGENDA MODIFICATIONS III. CONSENT AGENDA A. May 9, 2011 Member Partridge moved and Vice Chair Backus seconded to approve the Consent Agenda as presented. MOTION CARRIED UNANIMOUSLY 2-0 IV. ACTION A. 2011 Annual Action Plan Amendment Community Services Manager Michael Hursh brought forward the staff report. The preparation of an annual action plan is required by the U.S. Department of Housing and Urban Development (HUD) in order for the City to receive federal funds under the Community Development Block Grant (CDBG) program. The Action Plan outlines proposed expenditures to implement the goals of the City's Consolidated Plan. It identifies federal and local funds expected to be available, indicates the activities on which they will be spent, and sets goals for the number and type of services expected to be provided. The City of Auburn anticipates approximately $250,000.00 of unused Community Development Block Grant (CDBG) funds that will be available for projects that are consistent with federal regulations and objectives and policies of the Auburn Consolidated Housing and Community Development Plan. Planned projects include improvements to Shaughnessy Park, $50,000.00; downtown business façade improvement program, $25,000.00; and acquisition of property to assist Auburn Youth Resources in developing a teen drop-in program, $75,000.00. PCD.0 Planning and Community Development Committee Minutes May 23, 2011 Page 2 The funds, $153,000.00 and $105,000.00, were originally allocated in the 2010, 2011 action plan to the debt service loan for the Community Center. This project is not ready to move forward and the funds were unused. The funds will be lost if not reallocated. The City will continue to build into the action plan the Community Center as long as it is a viable potential project in the future. Member Backus moved and Member Partridge seconded to forward Resolution No. 4710, CDBG amendment to 2010 and 2011 Annual Action Plans. MOTION CARRIED UNANIMOUSLY 3-0 B. Ordinance No. 6363, Zoning Code Amendments – Mosby Brothers Farms, Inc. Planner Stuart Wagner presented the staff report. Burr Mosby of Mosby Brother Farms Inc. through his agent, Lee Michaelis of R.W. Thorpe and Associates applied for both Comprehensive Plan and Zoning Amendments in June of 2010. This staff report and recommendation addresses the follow-on “privately initiated” amendments to the Title 18 - Zoning of the Auburn City Code’s to allow for and regulate the establishment and operation of “agricultural enterprises” on properties with a zoning designation of RC, Residential Conservancy. The Planning Commission, at the May 7, 2011 public hearing, made a recommendation to the City Council for adoption of the proposed code amendments with one modification to a wall signage provision. The Planning and Community Development Committee and the Public Works Committee were satisfied with the code amendments and recommended changes. Ordinance No. 6363 includes minor formatting and non-substantive text changes that were made in conjunction with the Legal Department. If this item moves forward it will go before Council June 6, 2011. Member Backus moved and Member Partridge seconded to f orward Ordinance No. 6363, Zoning Code Amendments – Mosby Brothers Farms, Inc. to full City Council for approval. MOTION CARRIED UNANIMOUSLY 3-0 V. DISCUSSION and INFORMATION A. Ordinance No. 6365, Electrical Vehicle Infrastructure Senior Planner Hillary Taylor briefed Committee on the status of Ordinance No. 6365; during the 2009 session the Washington State Legislature passed House Bill 1481 (HB 1481), an Act relating to electric vehicles. The Bill addressed electric vehicle infrastructure including the structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. The City of Auburn must allow electric vehicle infrastructure as a use in all areas except those zoned for residential or resource use or critical areas by July 1, 2011. The proposed code changes were brought before Planning Commission for public hearing on May 3, 2011, they recommended Planning and Community Development Committee approve the code amendments as presented by staff. Ms. Taylor reviewed Ordinance No. 6365 with Assistant City Attorneys Steven Gross and Doug Ruth. Legal staff provided comments and suggestions based on the City’s PCD.0 Planning and Community Development Committee Minutes May 23, 2011 Page 3 ability to enforce the model ordinance since this is new technology and enforcement issues will need to be determined. After review Committee provided the following feedback: 1. Accessibility – Pg. 6 of 9: Legal staff suggested striking “requirements of WAC51-50-005” since handicap accessible parking space is exclusive and within this ordinance handicap accessible electrical vehicle charging station spaces would not be exclusive. Staff will review this language with the City legal department. 2. Lighting – Pg. 7 of 9: Suggestion, remove “shall” and insert “should”. 3. Data Collection – Pg 7 of 9: Legal staff recommended striking this section; Committee would like to keep the language to provide access for public safety issues. 4. 18.47.70 Signage—Noticing of Electric Vehicle Charging Stations – Pg. 7 of 9: Rephrase this section to provide recommendations, rights and responsibilities to private citizens for charging stations on their property. Staff will check with legal to define language and bring proposed Ordinance No. 6365 back to Committee. If significant changes are made Committee can determine if this item needs to go back before Planning Commission. B. Phase II – Code Update Project “Information Item” Planner Stuart Wagner reviewed phase two of the Code Update Project previously discussed with Committee January 10, 2011 and subsequently February 14, 2011. Mr. Wagner provided the Committee highlights showing what research the Planners have done related to the code update and the next steps in how the City is handling permitted uses, development standards, parking, and landscaping. Committee and staff discussed parking and design issues. Mayor Lewis stated Municipal Services Committee offered to handle the topic/issue of citywide parking. Chair Norman is unsure if Municipal Services Committee would be the best place to discuss citywide parking since Downtown Redevelopment Committee and Planning and Community Development Committee take care of planning issues. Chair Norman stated she would like to see a more cohesive strategy in taking care of parking issues. Member Backus expressed Planning and Development Committee may be a better fit. Mayor Lewis stated Municipal Services could be used as a second committee in regulating citywide parking hours and enforcement. Member Partridge mentioned Municipal Services Committee space on their agenda to take on a larger project. Planner Wagner then reviewed other staff highlights and informed the Committee staff will return in June to seek input on the code update project and planning topics. C. Director’s Report Director Snyder and Planning Manager Elizabeth Chamberlain provided a handout showing modifications to downtown parking, permit and public parking, which will take place at the first of June as a result of the promenade construction. Ms. Chamberlain detailed the changes noted on map: PCD.0 Planning and Community Development Committee Minutes May 23, 2011 Page 4 • Red sections – three (3) hour public parking from 9:00 a.m. to 6:00 p.m. Monday through Friday (58 parking spaces). • Blue sections – downtown business and auburn resident permit parking, $10.00/month (117 parking spaces). Parking for downtown employees, downtown business owners, and Auburn residents for long term parking. Commuter parking is limited to Sound Transit garage to make more parking for local downtown businesses. The permit parking is from 6:00 a.m. to 6:00 p.m. Monday through Friday and open parking for nights and weekends • Yellow section – Green River Community College parking (45 parking spaces). • Green section – South Division Street Promenade project construction staging parking. • The “Kiss and Ride” 15 minute parking is being changed to 3 hour parking. Parking Study/Plan Director Snyder stated staff proposes working with Downtown Redevelopment and Planning and Community Development Committees to put together a parking study to develop a long term and short term strategic plan to manage parking in the downtown urban center. Input from The Auburn Downtown Association (TADA) and general public along with other departmental staff would aid in Committees, Council and staff formulating strategies, goals and an action plan. Committee requested holding two meetings; one for input from the general public and the second to provide interaction and obtain feedback on a proposed plan. Committee consensus was that City Council should be making policy regarding parking for the entire downtown including Main Street. Committee is excited about this opportunity to formulate and implement a plan; Committee suggested holding the meeting in a facility that is able to promote Q&A opportunities and interaction between City staff, Council and the public. D. PCDC Status Matrix Minor changes were made to the matrix. If Committee has any questions please contact Director Snyder. VI. ADJOURNMENT There being no further business to come before the Planning and Community Development Committee, Chair Norman adjourned the meeting at 6:19 p.m. APPROVED THIS ________ DAY OF ______________. Lynn Norman, Chair Tina R. Kriss, Planning and Development Secretary PCD.0 AGENDA BILL APPROVAL FORM Agenda Subject: May 16, 2011 Minutes Date: May 31, 2011 Department: Public Works Attachments: May 16, 2011 Minutes Budget Impact: $0 Administrative Recommendation: Information only. Background Summary: Reviewed by Council Committees: Public Works Councilmember:Wagner Staff: Meeting Date:June 6, 2011 Item Number:PW.0 AUBURN * MORE THAN YOU IMAGINEDPW.0 Page 1 CITY OF AUBURN PUBLIC WORKS COMMITTEE May 16, 2011 DRAFT MINUTES I. CALL TO ORDER Chairman Rich Wagner called the meeting to order at 3:30 p.m. in Conference Room #2, located on the second floor of Auburn City Hall, One East Main Street, Auburn, Washington. Committee members present were: Chairman Rich Wagner, Vice-Chair Bill Peloza, and Member Virginia Haugen. Also present during the meeting were: Mayor Peter B. Lewis, Public Works Director Dennis Dowdy, City Engineer/Assistant Director Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer Dan Repp, Project Engineer Jacob Sweeting, Project Engineer Leah Dunsdon, Project Engineer Robert Lee, Project Engineer Ryan Vondrak, Sanitary Sewer Engineer Robert Elwell, Water Utility Engineer Cynthia Lamothe, Street Systems Engineer Seth Wickstrom, Planner Stuart Wagner, Planning Manager Elizabeth Chamberlain, Finance Director Shelley Coleman, Utilities and Account Services Manager Mark Gregg, Systems Analyst Chrissy Malave, Robert Copeland, representing Skills Inc, Burr Mosby, Rosella Mosby, and Brett Jacbosen from Mosbys Farm, and Department Secretary Jennifer Rigsby. II. CONSENT AGENDA A. APPROVAL OF MINUTES It was moved by Vice-Chair Peloza, seconded by Member Haugen, that the Committee approve the Public Works Committee minutes for date, May 2, 2011. Motion carried 3-0. B. PERMISSION TO ADVERTISE FOR BIDS FOR PROJECT NO. CP0756 LEA HILL PUMP STATIONS DECOMMISSIONING PHASE 2 Project Engineer Sweeting confirmed that the City is prepared to move forward with decommissioning the Lea Hill Pump Stations, in response to a question asked by Chairman Wagner. It was moved by Vice-Chair Peloza, seconded by Member Haugen, that the Committee recommend Council grant permission to advertise for bids for Project No. CP0756, Lea Hill Pump Stations Decommissioning – Phase 2. Motion carried 3-0. C. PERMISSION TO AWARD CONTRACT 11-12 TO NORDIC CONSTRUCTION INC. ON THEIR LOW BID OF $48,954.35 PLUS WA STATE SALES TAX OF $4,650.66 FOR A TOTAL CONTRACT PRICE OF $53,605.01 FOR PROJECT NO. C410A, 277TH WETLAND MITIGATION MONITORING (ANNUAL) Chairman Wagner asked if the work on the east side of the creek will be completed at a later time. Project Engineer Dunsdon answered that staff has written the regulatory agencies, the Army Corps of Engineers and the State Department of Ecology (DOE), explaining the scope of the project, what work was attempted last year, and what the City is intending to do this year. The City has provided the Corps and DOE with proposed revised performance measures that PW.0 Public Works Committee Minutes May 16, 2011 DRAFT MINUTES Page 2 only involve the west side of the creek as the east side of the creek is inaccessible. Staff will be meeting with DOE in June to review the revisions and discuss next steps. Project Engineer Dunsdon stated that at this time she does not think there can be any work done on the east side of the creek because it is too wet, in response to a question asked by Chairman Wagner. It was moved by Vice-Chair Peloza, seconded by Member Haugen, that the Committee recommend Council grant permission to award Contract No. 11-12 to Nordic Construction Inc. for Project No. C410A, 277th Wetland Mitigation Monitoring (Annual). Motion carried 3-0. D. PERMISSION TO AWARD CONTRACT 11-08, TO JOHANSEN EXCAVATING, INC. ON THEIR LOW BID OF $4,054,501.80 PLUS WA STATE SALES TAX OF $40,409.53 FOR A TOTAL CONTRACT PRICE OF $4,094,911.33 FOR PROJECT NUMBER CP1005, SOUTH DIVISION STREET PROMENADE PROJECT Chairman Wagner requested a break down of the costs for the utility work separate from the costs of the rest of the project. Project Engineer Vondrak said that he would provide that to the Committee. Member Haugen stated that she would be voting against the award of the contract at the Public Works Committee Meeting as well as at the City Council Meeting due to feedback she has received from citizens. Member Haugen asked that her statement be reflected in the minutes. It was moved by Vice-Chair Peloza, seconded by Chairman Wagner, that the Committee recommend Council award Contract No. 11-08 to Johansen Excavating, Inc. for Project No. CP1005, South Division Street Promenade Project. Motion carried 2-1. Member Haugen voted against the motion. Chairman Wagner asked if there was a presentation on the project being presented to the City Council. Project Engineer Vondrak answered that there is not a presentation currently planned. Mayor Lewis requested a presentation be scheduled for the June 6, 2011 City Council Meeting. E. APPROVE CHANGE ORDER NO. 3 IN THE AMOUNT OF $106,531.90 TO CONTRACT 10-26 WITH MOUNTAIN WEST CONSTRUCTION, LLC FOR WORK ON PROJECT CP0920, 2009 AC WATERMAIN REPLACEMENT Project Engineer Lee explained that there have been existing pavement failures experienced during construction and Change Order No. 3 will replace additional affected roads for a full width roadway repair. Lee stated that the contract includes the pavement directly affected by the utility replacement but as work commenced it was discovered that there is no sub-base under the roadway in the project’s vicinity. Project Engineer Lee said that the roads within the project were originally identified as possible candidates for Save Our Streets (SOS) improvements and staff believes it is appropriate for the SOS program to share in a portion of the cost of pavement restoration. Chairman Wagner asked if there is a detour plan for the project. Lee answered there are local detours and the roadways will only be closed intermittently during construction. Lee said that the work will occur during regular construction hours. PW.0 Public Works Committee Minutes May 16, 2011 DRAFT MINUTES Page 3 Vice-Chair Peloza asked if the project is located in the recently annexed area of Lea Hill. Project Engineer Lee confirmed that to be correct. Member Haugen asked how close the project is to SE 320th Street. Director Dowdy answered it is approximately 20 blocks north of SE 320th Street or approximately 1 mile. Member Haugen asked if the project is related to in-fill development that had been discussed at past Public Works Committee Meetings. Mayor Lewis and Chairman Wagner both answered that it is not. Member Haugen voiced concern that SOS funds may be being used to complete a development project. Member Haugen asked if there were existing permits that were extended for the development of the properties in the project’s vicinity. Mayor Lewis answered that the permits which were recently extended were for a development near the Green River Community College, approximately 25 blocks away from the Asbestos Cement (AC) Watermain Replacement Project. Mayor Lewis stated that the replacement of the waterline and subsequent repair of the roadway is not developer driven. Assistant Director/City Engineer Selle stated that the waterline system was upgraded to meet the standards of the City’s existing system and not because of planned development. Member Haugen asked if the vacant lots in the vicinity of the project will be developed. Mayor Lewis stated that the properties may be developed in the future. Assistant Director/City Engineer Selle explained that there are two parts to the project. There is an existing old waterline which was determined to be a high priority to replace. Assistant Director/City Engineer Selle said that while work on the waterline was being done in the existing neighborhood, it was found that the existing streets are in very bad condition. Staff is recommending partnering the SOS program funding with the Water Utility funding to complete street preservation of the existing roadway. Assistant Director/City Engineer Selle stated that there are no pending development applications for the plats in that area. Chairman Wagner pointed out that if developers do come and develop the properties, they would be responsible for paying the system development charges. Member Haugen reiterated her concerns regarding the use of SOS funds for the project. Chairman Wagner stated that the project was driven by the utilities to remove the asbestos concrete pipes out of the City’s water system by replacing them with iron pipes and it did make sense to complete some street preservation work as part of the project since the roadway would have to be torn up during the waterline replacement. Chairman Wagner said that utility funds were being used for part of the pavement repair as well as SOS funds because it makes cost saving sense to complete the utility work and road work in concert. Mayor Lewis repeated that there are no current plans for development of the parcels in the vicinity of the project, following comments made by Member Haugen. Vice-Chair Peloza asked what type of treatment will be used to preserve the streets. Project Engineer Lee answered that initially just the utility trench area was going to be patched but there were roadway failures outside of the area. The change order will allow for the existing asphalt to be ground-up and reused for a new road base and a new 4 inch pavement will be laid over the base. PW.0 Public Works Committee Minutes May 16, 2011 DRAFT MINUTES Page 4 Project Engineer Lee reviewed the project vicinity map in response to questions asked by Vice- Chair Peloza. Member Haugen restated her concerns regarding the use of SOS funds for the project and that both the utility and SOS funds may be being used to support future development in the area surrounding the project. It was moved by Vice-Chair Peloza, seconded by Chairman Wagner, that the Committee recommend Council approve Change Order No. 3 to Contract No. 10-26 for Project No. CP0920, 2009 AC Watermain Replacement. Chairman Wagner asked for a roll call vote. Chairman Wagner and Vice-Chair Peloza voted in favor of the motion. Member Haugen voted against the motion. Motion carried 2-1. F. APPROVE FINAL PAY ESTIMATE NO. 6 TO CONTRACT 10-16 $1,059.21, FOR A TOTAL CONTRACT PRICE OF $160,895.37, WITH R. L. ALIA AND ACCEPT CONSTRUCTION OF PROJECT NO. CP1011 TACOMA PIPELINE 5 B STREET NW INTERTIE PROJECT Project Engineer Dunsdon was present. There were no questions from the Committee. It was moved by Vice-Chair Peloza, seconded by Member Haugen, that the Committee recommend Council approve Final Pay Estimate No. 6 to Contract 10-16 and approve construction for Project No. CP1011 Tacoma Pipeline 5 B Street NW Intertie Project. Motion carried 3-0. III. ISSUES There were no issues. IV. DISCUSSION AND INFORMATION A. ORDINANCE 6363 – ZONING CODE AMENDMENTS (CREATING NEW SECTIONS 18.04.035, 18.04.036, 18.04.827, 18.04.894, 18.04.911 AND 18.31.210 OF THE AUBURN CITY CODE AND AMENDING SECTIONS 18.07.020 AND 18.56.030 OF THE AUBURN CITY CODE) RELATING TO THE ESTABLISHMENT AND REGULATION OF AGRICULTURAL ENTERPRISES Planner Wagner introduced himself to the Committee. Wagner explained that Ordinance No. 6363, which addresses agricultural enterprises, went before the Planning Commission on May 3, 2011. The amendments in the ordinance are privately initiated and the amendments will define agricultural enterprises and supporting uses. There are also a series of development standards that would regulate agricultural enterprises and changes to the land use table that would permit agricultural enterprises either through an Administrative Use Permit or Conditional Use Permit. PW.0 Public Works Committee Minutes May 16, 2011 DRAFT MINUTES Page 5 Ordinance No. 6363 was reviewed by the Planning and Community Development Committee and will go back to that Committee for action on May 23, 2011. Planner Wagner answered questions asked by Chairman Wag ner regarding the wording in the section of the ordinance that addresses changing message center signs. Chairman Wagner asked why Conditional Use Permits were being issued as designated on page 9 of the ordinance. Planner Wagner responded that the Planning Director supports the use of Conditional Use Permits under certain circumstances, to provide some flexibility and as a discretionary action. Vice-Chair Peloza voiced his support of the Mosbys Farm plans for expansion and promotion of local agriculture. Chairman Wagner also voiced his support. Vice-Chair Peloza announced that at the last WIRA-9 meeting $300,000.00 in funding was awarded to study the levee along the Green River near Mosbys Farm. The Committee supports the introduction and adoption of Ordinance No. 6363. B. UTILITY SERVICE WATER LEAK ADJUSTMENT POLICY AND PROCEDURE– SEWER PORTION Finance Director Coleman confirmed that the current discussion would apply to only the sewer portion of the Utility Service Water Leak Adjustment Policy and that the water portion of the policy will be discussed at the Public Works Committee Meeting in June, in response to questions asked by Chairman Wagner. Chairman Wagner asked why staff decided to adjust no more than two billing cycles or 3 billing cycles, if billed monthly, as stated in page 2 of the policy. Coleman stated that the time limits were chosen to help encourage customers to locate the leak and make repairs quickly. Chairman Wagner pointed out that there may be situations when the customer is doing their best to locate leaks and make repairs but the time it takes them extends beyond 2 or 3 billing cycles because the leak is difficult to find. Chairman Wagner suggested changing the wording to provide more flexibility and allowing the Committee to make a decision to extend the amount of time adjustments can be made, especially in cases where the customer is showing due diligence. Mayor Lewis agreed with the changes proposed by Chairman Wagner. Mayor Lewis asked the Committee if they would like to change the administrative policy to allow for a longer time. Chairman Wagner stated that there should be a longer time frame than that currently stated in the policy under the appeal process. The Committee concurred. Mayor Lewis authorized an immediate change to be made to the policy which will allow for a longer period of time under the appeal process subject to the discretion of the Finance Director, so that the changes may be applied to the leak adjustment appeals to be reviewed. Finance Director Coleman explained that when the standard adjustments are granted by the City, Finance staff will adjust no more than two billing cycles if the customer is billed bi-monthly or 3 billing cycles if the customer is billed monthly. If the customer files for an appeal, the Committee will be able to extend that 2-3 month time period. This will apply to sewer as well as water. Mayor Lewis spoke about the need for having a deadline for adjustments, especially in cases when a leak can not be located and a new line needs to be installed. PW.0 Public Works Committee Minutes May 16, 2011 DRAFT MINUTES Page 6 Chairman Wagner asked if the water and sewer appeals will be combined or if there will be separate appeal processes for each. Finance Director Coleman answered that in section 4.8 of the policy, it will be made clear that there is a separate appeal process for both water and sewer. Coleman stated a combined appeal can be made for non single-family properties, in response to a question asked by Chairman Wagner. Chairman Wagner requested that all appeals be made separately. Mayor Lewis agreed that similar language should be used for the appeal processes, but the water and sewer appeals should be made separately. The Committee and staff reviewed the appeal process. Finance Director Coleman pointed out that adjustments to accounts are not made until leaks are repaired. The Committee and staff decided that further discussion regarding billing adjustments and tracking will take place at future Public Works Committee and the Finance Committee meetings. C. SKILLS INC. LEAK ADJUSTMENT APPEAL Chairman Wagner stated that given the previous discussion regarding the sewer leak adjustment policy, he supports granting the leak adjustment appeal made by Skills Inc. Vice- Chair Peloza agreed. Finance Director Coleman confirmed that both the water and sewer adjustments are being appealed, in response to a question asked by Vice-Chair Peloza. Chairman Wagner pointed out that in the future the appeals will be separate and that even combined, he believed the appeal to be worthy, the 50% adjustment for water and the 100% adjustment for sewer. The Committee and staff reviewed the calculations for the leak adjustment for the Skill’s Inc. appeal. The adjustment amount was figured to be $27,019.00. It was moved by Vice-Chair Peloza, seconded by Member Haugen, that the Committee grant the leak adjustment appeal for Skills Inc. Motion carried 3-0. D. HINSHAW’S HONDA LEAK ADJUSTMENT APPEAL Chairman Wagner asked if the appeal is water and sewer combined. Finance Director Coleman answered that the appeal is for sewer only. The Committee has been asked to make a determination on the sewer leak appeal because the leak did not occur between the main and the building. Finance Director Coleman confirmed that the amount of the adjustment will be $1,508.00. It was moved by Vice-Chair Peloza, seconded by Member Haugen, that the Committee grant the leak adjustment appeal for Hinshaw’s Honda. Motion carried 3-0. E. 2011 SIDEWALK REPAIR PROJECT AREAS PW.0 Public Works Committee Minutes May 16, 2011 DRAFT MINUTES Page 7 Street Systems Engineer Wickstrom reported that there is $200,000.00 budgeted in 2011 for sidewalk repairs. Wickstrom reviewed the map of the proposed repair locations with the Committee. Street Systems Engineer Wickstrom stated that at the proposed southern location, which includes O Street SE, 25% of the repairs were completed as part of the 2009 Sidewalk Repair Project and the 2011 project will finish the remaining 75% of the repairs. Wickstrom said that the project repairs existing sidewalks and does not build new sidewalks, in response to a question asked by Chairman Wagner. Street Systems Engineer Wickstrom said that the staff is proposing to repair the sidewalks on Harvey Road because the area generates the most citizen complaints. Wickstrom stated that he believed there is enough funding to complete the Priority 1 sidewalks indicated on the map and anticipates enough funding left to complete some of the Priority 2 sidewalks. Vice-Chair Peloza voiced his support for making sidewalk repairs on Harvey Road. Vice-Chair Peloza asked if the project could be completed before Fall 2011. Wickstrom answered that concrete work can usually be done at any time during the year and he is currently working on getting the Save Our Streets Project and Arterial Street Preservation Project into construction which involve weather dependant work prior to the Sidewalk Repair Project. The Committee concurs with the staff recommendations for the project. F. CAPITAL PROJECT STATUS REPORT Item 17 – C207A – A Street NW Corridor – Phase 1: Chairman Wagner asked what the Washington State Department of Transportation needed to approve. Assistant City Engineer Gaub answered that the State needs to approve the City advertising the project. Item 23 – CP0915 – Well 1 Improvements: Chairman Wagner asked if the project should still move forward in light of the water agreement with Cascade Water Alliance. Utilities Engineer Repp stated that the project will continue because it is part of the City’s Water Supply Strategy along with the Cascade agreement. Item 24 – CP1102 – 2011 Arterial Preservation Project: Chairman Wagner asked why the road improvements on the downtown streets are not included on the project location list. Assistant City Engineer Gaub answered that the downtown improvements currently being constructed are part of the Save Our Streets Projects (SOS) and are included in Item 32 – CP1002 – 2010 Local Street Pavement Preservation. Member Haugen stated that she is concerned about using the Save Our Street Funds in areas where their may be new development and in annexation areas. Chairman Wagner pointed out that the SOS program is not developer driven and that prior to the initiation of the SOS Projects the Committee reviews and approves a list of proposed project locations for each year. Chairman Wagner asked when the list for proposed 2012 project locations will be brought to the Committee. Assistant City Engineer Gaub answered in early Fall 2011. Mayor Lewis pointed out that citizens that reside in the annexation areas are now also paying into the SOS fund. PW.0 Public Works Committee Minutes May 16, 2011 DRAFT MINUTES Page 8 Item 27 – CP1024 – AWS and M Street SE Intersection Improvements: Assistant City Engineer Gaub diagramed the 17th/MStreet SE restriction of left turn movements at the request of Chairman Wagner. Chairman Wagner asked how staff plans to educate the public about the turn restrictions at the intersection. Assistant Director/City Engineer Selle stated that the neighborhood will be notified and the intersection will be signed and the new signs flagged. Vice-Chair Peloza asked why the turns were being restricted. Assistant City Engineer Gaub answered that the change is due to a high instance of accidents at the intersection. Mayor Lewis suggested using digital reader boards on 17th Street to notify drivers of the future turn restrictions in advance of completion of the project. Member Haugen asked if a presentation about the intersection could be made at a City Council Meeting to help increase media coverage. Mayor Lewis supported having a presentation on June 20, 2011. The Committee and staff discussed the project target date. Chairman Wagner suggested waiting to start the project until after the 4th of July Holiday. The Committee and staff agreed. Member Haugen asked if project will be delayed if there are Council concerns. Member Haugen stated that she was concerned about accidents that may occur after the left turns are restricted. Mayor Lewis reminded the Committee that the reason staff proposed the turn restrictions is due to the current high accident rate. Chairman Wagner said the goal of the discussion was to start public education about the intersection changes. Item C – CP1016 – Fenster Levee Project: Vice-Chair Peloza stated that the project is on S Street and T Street, in response to a question asked by Chairman Wagner. A brief discussion was held on the existing parking sign located on Auburn Avenue north of Main Street in which Councilmember Peloza requested that the arrow on this sign be reversed to direct people down the alley in an easterly direction for parking. Mayor Lewis directed staff to change the direction of the sign. AGENDA MODIFICATION G. RESOLUTION NO. 4709 AUTHORIZING THE MAYOR AND CITY CLERK TO NEGOTIATE AND EXECUTE A WHOLESALE WATER SUPPLY PURCHASE AGREEMENT WITH CASCADE WATER ALLIANCE Director Dowdy reported to the Committee that over the past two months the City has been negotiating a wholesale water agreement with Cascade W ater Alliance and is close to an agreement that is suitable to all parties and consistent with the four city agreement. Utilities Engineer Repp distributed the agreement briefing materials to the Committee. Director Dowdy asked that the Committee Members keep the materials for today’s discussion PW.0 Public Works Committee Minutes May 16, 2011 DRAFT MINUTES Page 9 as well as for when the agreement comes forward to the Committee for action. Chairman Wagner asked when the agreement is scheduled to come forward. Director Dowdy answered that the agreement will probably be presented to the Committee for action at the June 20, 2011 Public Works Committee Meeting and to City Council for introduction and adoption the same day. Dowdy said that it may be possible to reach a final agreement sooner and Chairman Wagner could review the agreement prior to the June 6, 2011 Public Works Committee from which the Chair will be absent. Chairman Wagner and Director Dowdy discussed the agreement approval timeline. Director Dowdy said the goal is to get the agreement in place by July 1, 2011. Utilities Engineer Repp reviewed the anticipated agreement scheduled with the Committee. Repp explained that the negotiations have been complicated because Cascade and Tacoma are operating under an existing agreement and the City of Auburn is negotiating the new agreement with Cascade. Although the subject agreement will be between the Auburn and Cascade Tacoma is also reviewing the document since it will be producing the water and delivering it to Auburn through Tacoma infrastructure. Director Dowdy said that Cascade’s goal is to present the agreement to their board on May 25, 2011. Chairman Wagner spoke about the importance of the agreement and would like the opportunity to review the agreement prior to it going forward for action, even if it had to be reviewed by him prior to the June 6, 2011 Public Works Committee Meeting. Vice-Chair Peloza suggested that any comments the Chair had regarding the agreement could be written and included in the record of minutes of the June 6, 2011 meeting. Chairman Wagner told staff that May 31, 2011 is the last day he will be available to review the agreement prior to the June 6, 2011 Public Works Committee Meeting. Member Haugen asked what would happen if the agreement is not ready by June 6, 2011 meeting. Director Dowdy answered that the agreement would then be taken to the June 20, 2011 Public Works Committee and Council Meetings for action. Member Haugen commented on the importance of the agreement. It was decided to make every effort to have the agreement ready for the Chair’s review and then take the agreement forward for action on June 6, 2011. Utilities Engineer Repp reviewed the content of the distributed materials with the Committee. Including a summary outline showing the major elements of the agreement, a review of Auburn’s Water Supply Strategy, a copy of the Capital Facilities Plan, a copy of the Four Cities Agreement, and a copy of the water rates section of the City of Tacoma Municipal Code, which was flagged. Repp reviewed the major agreement elements. Repp explained that the Agreement Pricing and Payment section outlines the unit pricing for the system development charges. The City is proposing to purchase 2 mgd and pay an SDC of $3.1 million. Tacoma also requires a Readiness to Serve Charge with in $961.80/mo. The agreement will have an option to purchase additional capacity. The City of Auburn will need to prepare an annual operating plan and weekly schedules during delivery. Repp pointed out the Termination and Assignment Clauses included in the agreement. Vice- Chair Peloza asked what penalty for termination will be. Utilities Engineer Repp answered that the penalty will be based on the date of termination and conditions of termination. The PW.0 Public Works Committee Minutes May 16, 2011 DRAFT MINUTES Page 10 costs for termination will be included in the draft agreement. There will also be no assignment to others without Auburn consent. The materials also include a Cost Comparison and an Anticipated Schedule. Repp discussed the Wholesale Water Purchase Cost Comparison table with the Committee. Chairman Wagner requested additional information on how the Rate/CCF for Auburn was calculated and the production costs for the years 2006 through 2010. Utilities Engineer Repp pointed out that the City of Tacoma has pricing for wholesale constant use customers and wholesale summer seasonal peaking. Staff is proposing that the City of Auburn be a constant use customer due the pricing and the flexibility it will provide to managing the system. Chairman Wagner asked for additional calculations for the Rate/CCF for Cascade/Tacoma. The Committee and staff discussed the seasonally weighted calculations for wholesale summer seasonal peaking rates. Chairman Wagner asked for volume calculations. Vice-Chair Peloza asked if payment is due as soon as the agreement is signed. Director Dowdy answered when the agreement is approved the City will pay the SDC charges immediately and then the City will receive a monthly bill for the usage fees. Director Dowdy explained that the usage fees are based on the City of Tacoma Municipal Code and may change as their rates change, in response to a question asked by Vice-Chair Peloza. V. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 5:08 p.m. Approved this _______ day of _________________________, 2011. Rich Wagner Jennifer Rigsby Chairman Public Works Department Secretary PW.0 AGENDA BILL APPROVAL FORM Agenda Subject: May 16, 2011 Minutes Date: June 1, 2011 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Information only. Background Summary: Reviewed by Council Committees: Finance Councilmember:Backus Staff: Meeting Date:June 6, 2011 Item Number:FN.0 AUBURN * MORE THAN YOU IMAGINEDFN.0 Finance Committee May 16, 2011 - 6:00 PM Annex Room 1 MINUTES I.CALL TO ORDER Chair Nancy Backus called the meeting to order at 6:00 p.m. in Conference Room 1 located on the second floor of the City Hall Annex located at One East Main Street in Auburn. A.Roll Call Chair Backus, Vice Chair Lynn Norman and Member Rich Wagner were present. Also present during the meeting were Mayor Peter B. Lewis, City Attorney Daniel B. Heid, Finance Director Shelley Coleman, Planning and Development Director Kevin Snyder, and Deputy City Clerk Cathy Richardson. B.Announcements There was no announcement. C.Agenda Modifications Agenda modification included correction of a scriveners error for total payroll vouchers which should be $1,962,638.99. II.CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A.May 2, 2011 Minutes Vice Chair Norman moved and Member Wagner seconded to approve the May 2, 2011 minutes. MOTION CARRIED UNANIMOUSLY. 3-0. B.Claims (Coleman) Claims check numbers 404006 through 404411 in the amount of $4,272,040.51 and dated May 16, 2011. C.Payroll (Coleman) Payroll check numbers 531317 to 531414 in the amount of $842,893.80 and electronic deposit transmissions in the amount of $1,118,745.19 for a grand total of $1,961,638.99 for the pay period covering April 28, 2011 to May 11, 2011 . Committee members reviewed the vouchers and briefly discussed claims voucher numbers 404008, 404032, 404060, 404070, 404080, and 404237. Vice Chair Norman moved and Member Wagner seconded to approve the claims and Page 1 of 3 FN.0 payroll vouchers. MOTION CARRIED UNANIMOUSLY. 3-0. III.DISCUSSION ITEMS A.Ordinance No. 6361 (Heid) An Ordinance of the City of Auburn, Washington, amending Ordinance No. 5250, adopted June 21, 1999, prohibiting social card games conducted as a commercial stimulant except for those establishments currently licensed by the Washington State Gambling Commission and/or lawfully operating in the City as of June 7, 1999; establishing penalties for violations; and providing that the moratorium on social card games conducted as a commercial stimulant as established under Ordinances 5249 and 5198 be terminated unless this ordinance is determined to be invalid or unenforceable for any reason City Attorney Heid stated that Ordinance No. 6361 provides clarification of the original ordinance establishing the moratorium in 1999. The ordinance has never been challenged by the Gambling Commission. The effect would be that any establishment licensed as of 1999 by any regulatory agency authorized to license gambling activities would be entitled to operate card games, with the exclusion of pull tabs and punch boards. City Attorney Heid noted that the Emerald Downs property was, at the time the moratorium was established, zoned Industrial and is now zoned Commercial allowing for more flexibility. Industrial zones have more restrictions with regard to allowable uses. Committee members briefly reviewed Ordinance No. 6361. B.March 2011 Financial Report (Coleman) Director Coleman reviewed the first quarterly report for 2011, including water revenues, building permits, property taxes, sales taxes, cable tv franchise fees, and business license fees. In response to questions from Chair Backus, Director Snyder explained that the City provides two notices for business license renewals. If still unpaid, it becomes a code compliance issue. At this time, there are eleven outstanding delinquencies. Through a concerted effort by Code Enforcement staff via telephone and in-person contact, staff was able to verify those businesses no longer in operation or they have collected the delinquent fees. Business license delinquencies are down to eleven from over three hundred last year. Staff continues to work with those eleven businesses to obtain payment of delinquent business license fees. Member Wagner referred to page 125, Sales Tax, paragraph one, second sentence, and inquired regarding streamlined sales tax mitigation. Director Coleman explained that the State Department of Revenue sets the City's streamlined sales tax mitigation. That figure is reduced by the amount paid through voluntary compliance with the law by out of state businesses . The information and amounts paid via out of state participation are not provided to the City by the Department of Revenue as it is considered proprietary information. Page 2 of 3 FN.0 IV.ADJOURNMENT There being no further business to come before the Committee, the meeting adjourned at 6:25 p.m. APPROVED THE ______ DAY OF JUNE, 2011. Nancy Backus, Chair Cathy Richardson, Deputy City Clerk Page 3 of 3 FN.0 AGENDA BILL APPROVAL FORM Agenda Subject: May 24, 2011 Minutes Date: May 31, 2011 Department: Planning and Development Attachments: May 24, 2011 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Norman Staff: Meeting Date:June 6, 2011 Item Number:DR.0 AUBURN * MORE THAN YOU IMAGINEDDR.0 CITYOF DRAFT DOWNTOWN REDEVELOPMENT COMMITTEE WASHINGTON MAY 24 2011 MINUTES 1 CALL TO ORDER Ghair Lynn Norman calied the meeting to order at 401 pm in Annex Conference Room 2 located on the second floor ofi One East Main Street Auburn Washington Committee Members present were Chair Lynn Norman Vice Chair Nancy BacKus and Member Rich Wagner Staff present included Mayor Pete Lewis Planning and Development Director Kevin Snyder Planning Manager Elizabeth Chamberlain Assistant City Engineer Ingrid Gaub Project Engineer Ryan Vondrak Economic Development Manager poug Lien Planning Secretary Tina Kriss and Support Clerk Bobbie Hodgkinson Audience Members present were Executive Director of the Auburn Downtown Association Kathleen Keator If CONSENT AGENDA A Meeting Minutes April 26 2011 Vice Chair Backus moved and Chair Norman seconded to approve the consent agenda items as presented MOTION CARRIED UNANIMOUSLY 30 III DISCUSSION A Local Revitalization Funding Planning Manager Elizabeth Chamberlain presented a list of proposed projecfs to be considered for expending the remaining balance of the Local Revitalization Funding LRF The Promenade bids came in approximately 900000 less than the Engineers estimate which leaves a surplus of slightly more than 1000000 As outlined in the May 18 2011 Memorandum o the Committee staff brought forward four recommended projects to spend remaining LRF funds A second list requests the Committee select the top 5 options as a contingency plan in the event favorable bids continue to result in surplus money to expend There are three goals outlined to accomplish with the remaining funding 1 Projecfs that can be put out to bid in a relatively short timeframe with minimal design to meet the bond required expenditure schedule of 750o of the LRF bonds by November 13 2011 and 100 by May 13 2012 2 Project Nos 1 and 4 and to a certain extent No 3 that continue the downtown infrastructure improvements along Main Street connecting Historic Main Sfreet with the Promenade and Plaza projects by replacing sfreet lights to our new standard and providing additional street furnifure consistent with the Promenade and Plaza Page 1 DR.0 Downtown Redeveloqment Committee Minutes Mav 24 2011 3 Complete the northwest corner of the City Hall block to be consistent with the new Plaza improvements Committee reviewed and agreed on the four Staff Recommended Options Committee also agreed to move No 1Provide and install a signature art piece for downfown from the second list to the Staff Recommended Options list 1 Replace the existing teal downtown pedestrian lighting 62 total 2 Design and construct improvements to the City Hall NorthPlaza 3 Install Pedestrian Kiosks additional 23 4 Provide AdditionalStreet Fumiture in Downtown 5 ProVide and install a signature art piece for downtown TBD Chair Normanasked the Gommittee how they feltabout the order on the second list and Committee concuRed that Nos 2 to No 7 would be readdressed at a later time if it is determined there are additional funds available IV INFORMATION A Pedestrian Kiosk Walking Touc Weather permitted and Chair Norman adjourned the meeting at 418 pm for the Pedestrian Walking Tour Participating were Chair Lynn Norman Vice Chair Nancy Backus Member Rich Wagner Planning and Development Director Kevin Snyder Planning Manager Elizabeth Chamberlain Assistant City Engineer Ingrid Gaub Economic Development Manager Doug Lien and Support Clerk Bobbie Hodgkinson A mockup kiosk 7 ft x 2 ft was placed at each of the following locations with consideration given to the scale placement whether squared or on an angle traffic and pedestrian flow safety sight distances obstructions etc 1 NW comer of B Streef and Main Street 2 AttheJustice Center on Main Street west of the main entrance partially on the sidewalk 3 B Street Plaza Two kiosks each offset with one locafed on each end of the Plaza one at the NE comer and one at the SW corner 4 2d and A Street SE at the NW corner 5 Sounder Plaza A StreetSW North of The SfationBistro on brickwork 6 West Main and B Sfreet on the SW side in front of the Historic Auburn Sign 7 SW corner of City Hall at Main Street and A Street NW Chair Norman reconvened the meeting at 526 pm Following the Walking Tour Committee and staff discussed the proposed locations Ms Chamberlain requested confirmation that it will be okay to have the kiosks all located on the one side of Main Street raher than staggered and noted thatthe group did nof look at the location on Main Street across from the Justice Center Chair Norman responded it is a valid point but if is more important to serve 6 Street thanthe other side of the street and expressed concern that the other side is shaded by frees and might not be visible enough Perhaps at some point of accommodating the HighSchool other Page 2 DR.0 Downtown Redevelopment Committee Minutes Mav 24 2011 locations could be considered this can be a line item in the budget perhaps 2 or 4 per year The kiosk map details are yet to be worked out Chair Norman stated the scale is good but would like to see some universal signage on the map and suggested the sign at Main Street by theSoander Stafion would be a good place to mention the Environmental Park and Interurban Trail B DRC Matrix Project Engineer Ryan Vondrak distributed a handout prepared by the consultant for the South Division Sfreet Promenade Project of a proposed project sign that will be placed on Main Street by the expanded Plaza for the project The proposed sign shows the overaU project streetscape design anticipated construction schedule and a contact number if anyone has questions The sign will be approximately 4 x 8 The Committee discussed adding other information to include the underground utilities storm drainage and other improvements as well as showing where the funding came from and indicate whece the gateway arch is going to be located Staff will take the inputprovided by the Committee and revise the proposed sign accordingly Chair Norman noted Item 10 Downtown Incentives on theMatrix is moved to June 28 Everything else remains the same V ADJOURNMENT There being no further business to come before the Downtown Redevelopment Committee ChairNorman adjourned the meeting at 536 pm APPROVED THIS DAY OF Lynn Norman Chair Bobbie Hodgkinson Support Clerk Page 3 DR.0 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the May 16, 2011 City Council Meeting Date: May 31, 2011 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: City Council approve the minutes as part of the Consent Agenda. Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:June 6, 2011 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A City Council MeetingcrnroF May 16 2011 730 PM Auburn City Hall WASHINGTON MINUTES I CALL TO ORDER A Flag Salute Mayor Peter B Lewis called the meeting to order at 730 pm and led those in attendance in the Pledge of Allegiance B Roll CaIG Councilmembers present Rich Wagner Sue Singer Nancy Backus Bill Peloza Lynn Norman Virginia Haugen and John Partridge Directors and staff members present included City Attorney Daniel B Heid Parks Arts and Recreation Director Daryl Faber Planning and Developmenf Director Kevin Snyder Public Works Director Dennis Dowdy Police Commander Will Lathrop Finance Director Shelley Coleman and Deputy City Clerk Cathy Richardson C Announcements Appointments and Presentations There was no announcement D Agenda Modifications Agenda modification included the correction of a scriveners error for total payroll vouchers wtiich should be 196263899 II CBTIZEN INPUT PIDBLIC HEARINGS CORRESPONDENCE A Public HearBngs There was no hearing scheduled for this evening B Audience Participation This is the pace on the agenda where the public is invited to speak to the City Council on any issue Those wishing to speak are reminded to sign in on the form provided Gretta Petridge 303 Jewel Street Enumclaw Ms Pefridge spoke regarding providing eveningentertainment for atrisk youth in Auburn Providing an example of evening entertainment for all ages at an establishment on Whidbey Island Ms Petridge encouraged Council to provide similar wholesome entertainment within the Auburn community C Correspondence No correspondence was received III COlNCIL COMIVIITTEE REPORTS Page 1 of 8 CA.A A Municipal Services Chair Peloza reported that the Municipal Services Committee has not met since the last Councif ineeting The next regular meeting of the Municipal Services Committee is scheduled for May 23 2011 at 330 pm B Planning Comrnunity Development Chair Norman reported that the Planning and Community Development Committee met on May 9 2011 at SOO pm The Committee approved the final pay estimate and acceptance of construction for the White River Trail Extension project The Committee also discussed Mosby Farms privately initiated zoning code amendments including the Hearing Examiners recommendations and code amendments for the keeping of urban farm animals such as chickens and miniature goats and pigs The Committee also requested more information relatedto bee keeping in an urban setting anddiscussedhistoricpreservationstrategiesKingCountyandPierceCountycountywidepolicy amendmenfs and the Planning and Community Development Committee matrix The next regular meeting of the Planning and CommunityDevelopment Committee is scheduled for May 23 2011 at 500 pm C Public Works Chair Wagner reported that the Public Works Committee met this afternoon at 330 The Committee approved contract administration items including CP0756 Lea Hill Pump Stations Deeommissioning Phase 2 C410A 277th Wetland Mitigation Monitoring CP1005 South Division Street Promenade Project CP0920 2009 AC Watermain Replacement and CP1011 Tacoma Pipeline 5 B Street NW Intertie Project The Committee also discussed Ordinance No 6363 regarding zoning code amendments the Utility Service Water Leak Adjustment Administrative Policy and Procedure for both water and sewec two water leak adjustment appeals 2011 sidewalk repair project areas Cascade Water Alliance water agreement and capitalproject status report The next regular meeting of the Public Works Committee is scheduledfor June 6 2011 at 330 pm D Finance Chair Backus reported that the Finance Committee met this evening at 600 pm The Committee approved claims and payroll vouchers Chair Backus reported on pass through expenses for Auburn School District in the amount of 518000 which entails three years of false meter readings due to Metro charges The City will receive a credit from Metro for these fees Chair Backus also reported on claims paid to RW Scott in the amount of 161000 for the Citys Save Our Streets SOS program RL Alia in the amount of 102000 for the City Hall Plaza project which was funded by federal grants RedFlex in the amount of 74000 for the photo enforcement program infractions Rodarte Construction in the amount of 250000 for the Ellingson sewer work which is paid from the Enterprise Fund Treasurer of Washington in the amount of 81000 for the State audif Pugef Sound Energy in the amount of 61000 for the Citys utilities and to the South Cotrectional Entity SCORE in the amount of 924000 which are startup costs for the new correctional facility The Committee also discussed Ordinance No 6361 relating to the moratorium on social card games and theMarch 2011 financial report The next regular meeting of theFinance Committeeis scheduled for June 6 2011 at 600 pm Page 2 of 8 CA.A E Les Gove Community Campus Chair Wagner reported that the Les Gove Community Campus Committee has not met since the last Council meeting F Downtown Redevelopment Chair Norman reported that the Downtown Redevelopment Committee has not met since thelast Council meeting The next regular meeting of the Downtown Redevelopment Committee is scheduled for May 24 2011 at 400 pm G Council Operations Committee Chair Wagner reported that the Council Operations Committee has not met since the last Council meeting IV REPORTS At this time the Mayor and City Council may report on significanf items associated with their appointedpositions on state regiona and loca organizations A From the Council Deputy Mayor Singer reported on the success of the Citys first annual Art and Wine Walk which had great attendance DeputyMayor Singer also reported that the Council Operations Committee sponsored a day and a half Council Retreat at the Auburn Golf Course at which the main topic was Vansportation planning It was a very successful meeting and Councilmembers discussed how to meet the needs ofithe City over the next twenty years Council prioritized the thirtytop projects which were rated by category safety congestion economic stimulus freight regional connectivity project urgency road condition and feasibility Deputy Mayor Singer thanked Councilmember Wagner and staff for their efforts relatedto preparation for the Council Retreat Deputy Mayor Singer also reported that a new map for transit routes is now available to the public and displayed a sample brochure The City contracted for new routes within Auburn with Metro SoundTransit and Pierce Transitto provide the additional transportation The route maps were developed by City staff in an effort to clarify route and stop locations Councilmember Wagner reporfed that he attended a Pierce County Transportation RAMP Regional Access and Mobility Project meeting at which they discussed the Washington Sfate Department of Transportation WSDOT online permitting system for environmental impacts on transportation projects Also he Mayor Lewis and Councilmembers Peloza and Partridge attended a Muckleshoot Indian Tribal Council meeting to discuss issues such as youth activities transportation and fireworks Councilmember Wagner also represented the City at the Senior Center Coffee Hour where major topics of concem included transportation issues City streets and bus services Councilmember Partridge reported that he attended the National Day of Prayer event participated in Clean Sweep attended a Muckleshoot Indian Tribal Council meeting and participated in the first annual Art Walk He also attended theAuburn Symphony Orchestra fundraising event Page 3 of 8 CA.A Councilmember Norman repoited that she participated in Clean Sweep and commended the Auburn community for thei dedication and participation in this event Councilmember Norman also thanked the Kiwanis Club for providing a pancake breakfast for Clean Sweep participants She also attended the Relay for Life event which was well attended and very moving Councilmember Backus reported that she represented the Council at the National Day of Prayer evenf and participated in Clean Sweep She also attended the American Cancer Society Relay for Life event where she welcomed participants and presented a proclamation on behalfi of Mayor Lewis The event raised over 147000 Councilmember Backus commended all the community support and participation in the fight against cancer Councilmember Peloza reported that he attended the first annual Art Walk and spoke regarding the benefits to the community and participating businesses He also on behalf of the Rotary Club participated in the Relay for Life and Clean Sweep events Councilmember Peloza reported that opening day for the Auburn International Facmers Market will be on June 12 2001 from 900 am until 200 pm and invited the community to attend He also attended the National Day of Prayer event Muckleshoot Indian Tribal Council meeting and Aubum Symphony Orchestra event Councilmember Peloza also attended a Regional Water Quality Committee meeting to discuss the Reclaimed Water Comprehensive Plan process and to receive aBrightwaterTreatment Plant update Councilmember Peloza submitted the Plan to the Suburban Cities Association Public Issues Committee which approved the Plan The Plan will now be presentedto the King County Council for final approval Councilmember Peloza reported that the Public Issues Committee was briefed on theproposed 2012 sewer rate of 3610 which will not increase from the 2011 rafe The capacity charge will increase by 3 or to 5195 in 2012 The Brightwater Treatment Plant opening will be on September 24 2011 and Councilmember Peloza reported onlitigation issues related to the Plant He also attended a Water Resouree Inventory Area WRIA 9 meeting and met with Russell Foundation representatives on the Green River Watershed levee to discuss potential grant funding for the projects within the WRIA 9 Salmon Habitat Plan He also attended a WRIA 9 Watershed EcoSystem Forum of which heis cochair The 2012 Green RiverDuwamish Watershed cost sharing was approved for the seventeen member cifies The Salmon Recovery Funding Board and Puget Sound Acquisition and Restoration entity allocated 914000 to King County Green River projects of which the Porter Levee project will be allocated 300000 for design and permitting costs Councilmember Peloza also reported on the National League of Cities prescription program Councilmember Haugen reported that she attended the Auburn Art Walk and the Council Retreat B From the Mayor Mayor Lewis thanked Councilmember Wagner and staff for all their efforts in preparing for the Council retreat Mayor lewis reported on the Muckleshoot Indian Tribal Council meeting and spoke regarding shared boundaries and common issues and problems shared by the Auburn community and the Tribe In an effort to work jointly and develop longterm planning Mayor Lewis will be meeting with the Tribal Council every other Page 4 of 8 CA.A month Much of the focus was on thefuture of our children and efforts to keep them from crime drugs and gangs and exploring ways to support them in their futures Mayor Lewis stated that he attended the National Day of Prayer event and expressed regrets for being unable to attend the first annual Auburn Art Walk and the Auburn Symphony Orchestra eyents The merctiants in the downtown area expressed their pleasure in having theArt Walk inthe heartof town Mayor Lewis also expressed regrets for being unable to attend the Relay for Life as he was out of town Mayor Lewis reported that he met with the Corps of Engineers Corps regarding the HowardHanson Dam The Corps is working on the final repairs and will be testing the repairs throughout the summer but it does not appear that the barriers will be removed until next year The cities of AuburnTukwila Renton and Kenthave been working to have their levees certified and accredited If the levees receive certification and accreditation then FEMA Federal Emergency Management Agency will no longer show those areas in the flood plain resulting in lowerinsurance costs for citizens and businesses in those areas Mayor Lewis spokeregarding difficulties in obtaining certification as the Corps only certifies levees if there is no vegetation whatsoever on the leveesand FEMA andNational Fisheries only issue certification if there is vegetation on the levees for fish habitat The Corps and FEMA are now working together in an effort to provide standards for levee certification Mayor Lewis explained that levees are actually controlled by King County In order to have a levee certified there must be a maintenance plan King County has been hesitant to provide a maintenance plan for fear of the costs involved Staff is working to provide King County every opportunity to encourage them to sign a maintenance agreement on behalf of City Mayor Lewis reported on the history of Clean Sweep which started nine years ago to clean up the downtown area It has since grown to an annual event and Mayor Lewis spoke regarding the success of the event and commended the outstanding participation by the community and service clubs in the Aubum area V CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to beroutine and will be enacted by one motion in the form listed A Minutes of the May 4 2011 Cify Council Meeting B Claims Vouchers BackusColeman Claims check numbers 404006 through 404411 in the amount of 427204051 and dated May 16 2011 C Payroll Vouchers BackusColeman Payroll check numbers 531317 to 531414 in the amount of 84289380 and electronic deposit transmissions in the amount of 111874519 for a grand total of 196163899 for the pay period covering April 28 2011 to May 11 2011 D Public Works Project No C410A WagnerDowdy City Council award Contract 1112 Project No C410A 277th Wetland Mitigation Moniforing Annual to Nordic Construction Inc on their low bid of 4895435 plus WA state sales fax of 465066 for a total contract price of 5360501 page 5 of 8 CA.A E Public Works Project No CP0756 WagnerDowdy City Council grant permission to advertise for bids for Project No CP0756 Lea Hill Pump Stations Decommissioning Phase 2 F Public Works Project No CP1005 WagnerDowdy City Councilaward Contract 1108 Project Number CP1005 South Division Street Promenade project to Johansen Excavating Inc on their Iow bid of 405450180 plus WA state sales tax of 4040953 for a total contract price of 409491133 G Public Works Project No CP1011 WagnerDowdy City Council approve Final Pay Estimate No 6 to Emergency Contract 1016 in the amount of 105921 for a total contract price of 16089537 with R L Alia and accept construction of Project No CP1011 Tacoma Pipeline 5 B St NW Intertie Project Deputy Mayor Singer moved and Councilmember Wagner seconded to approve the Consent Agenda DeputyMayor Singer thanked Councilmember Backus for her explanation regarding the large amounts of various claims vouchers Deputy MayorSingerpointetl out that by approving the ConsentAgenda Council is accepting the low bid on the Promenade project and citizens will see a lot of construction in the downtown area Councilmember Haugen requested the removal of Public Works Project Number CP0920 fromthe Consent Agenda to be considered separately MOTION TO APPROVE THE CONSENT AGENDA EXCLUDING PUBLICWORKS PROJECT NO CP0920 CARRIED 61 Councilmember Haugen voted no VI UNFINIS9iEG BUSINESS A Public Works Project No CP0920 WagneNDowdy City Council approve Change Order No 3 in the amount of 10653190 to Contract 10 26 with Mountain West Construction LLC for work on project CP0920 2009 AC Watermain Replacement Deputy Mayor Singer moved and Councilmember Wagner seconded to approve Public Works Project No CP0920 Councilmember Haugen referred tothe aerial map attached to backup materials for Project No CP0920 andinquired regarding whether it is a current map of the area Director powdy reported that to his knowledge the map is accurate to the Citys last aerial photo mission which was in year 2007 Councilmember Haugen spoke regarding the annexation of the area in question and spoke in opposition to the use of Save Our Streets SOS fundsforthe project in the Lea Hill area as she felt tfie SOS funds should notbe used in connection with a utility project Councilmember Wagner stated that the asbestos concrete pipes which were used to a great degree early in the history of the City of Auburn and by King County in the Lea Hill area are very fragile There has been an effort to replace the asbestos copgMns CA.A in the Citys several hundred mile system for the last fifteen years Project CP0920 falis within such a neighborhood The City was already doing approximately 900000 worth of work on the asbestos concrefe pipes which would require repair of the pavement from the Water Utility Fund In a cost savings effort if made good sense to pay an additional 100000 from the SOS Program to make repairs to the full width of the street rather than partial repairs to the street from the Water Utility Fund Councilmember Haugen spoke in opposition ofi Project No CP0920 MOTION CARRIED 61 Councilmember Haugen voted no VII NEW BUSINESS There was no new business VIII ORDINANCES There was no ordinance for Council consideration IX RESOLUTIONS Please see Executive Session for the addition of and action on Resolution No 4711 X EXECUTIVE SESSIOIV At 820 pm Mayor Lewis recessed the meeting to executive session for approximately ten minutes in order to discuss property acqaisition and potential litigation in accordance with RCW 42301101b and 42301101i City Attorney Heid and Director Snyder were requested to attend the executive session It was indicated that there may be potential action following executive session Af 837 Mayor Lewis extended executive session for an additional five minutes At 842 Mayor Lewis reconvened the regular meeting Councilmember Backus movedand Councilmember Norman seconded to adopt Resolution No 4711 A Resolution of the City Council of the City of Auburn Washington authorizing the Mayor to negotiate and execute an agreement with the Bank of Washington for the purchase of ten feet of right of way along South Division Street between West Main Street and First Street Southwest and a lease for parking on the Banks property adjacent thereto Cauncilmember Backus explained that Resolution No 4711 authorizes the Mayor to negotiate and execute an agreement with the Bank of Washington forten feet of right of way required for the Promenade projecf and also for a lease of the parking iot adjacent to the Banks property for the purpose of providing additional parking in the downtown area for retail establishments Councilmember Haugen spoke in opposition to downtown redevelopment Page 7 of 8 CA.A MOTION CARRIED 61 Councilmember Haugen voted no XI ADJOURNMENT There being no further business to come before the Council the meeting adjoumed at 844 PM APPROVED THE DAY OF JUNE 2011 Peter B Lewis Mayor Cathy Richardson Deputy City Clerk Page 8 of 8 CA.A AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers Date: June 1, 2011 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve claims vouchers as part of the consent agenda. Background Summary: Claims check numbers 404412 through 404825 in the amount of $3,076,662.39 and dated June 6, 2011. Reviewed by Council Committees: Councilmember:Backus Staff:Coleman Meeting Date:June 6, 2011 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers Date: May 31, 2011 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve payroll vouchers as part of the consent agenda. Background Summary: Payroll check numbers 531415 to 531510 in the amount of $305,680.89 and electronic deposit transmissions in the amount of $1,136,241.05 for a grand total of $1,441,921.94 for the pay period covering May 12, 2011 to June 1, 2011. Reviewed by Council Committees: Finance Councilmember:Backus Staff:Coleman Meeting Date:June 6, 2011 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. C201A Date: May 24, 2011 Department: Public Works Attachments: Budget Status Sheet Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council grant permission to advertise for bids for Project No. C201A Residential Buildings Demolition Background Summary: The City has purchased and vacated eight residential properties for the M Street SE Underpass project. All structures on these properties are to be demolished as part of the City's property management efforts and will help the City maintain a safe and secure area. Trees, shrubs, and other vegetation will be left in place and gravel will be set where the existing structures are removed. Demolition of these properties is anticipated to cost $268,500, which is within the overall right of way budget for the M Street SE Underpass project. The City will also demolish the City owned residential structure at 9404 South 352nd Street, which is in Cedar Lane Park. The structure formerly housed the park's caretaker but since a caretaker is no longer needed, the residence has been vacated. The cost to bring the structure up to standards where it may be rentable is estimated to be $50,000 to $60,000, which exceeds the estimated cost of demolition. The property will return to park land upon demolishing the structure. Demolition of this property is within the City's facilities management demolition budget of $30,000. O4.9.1 C201A, A3.13.4 Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:June 6, 2011 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINEDCA.D Project No: C201AProject Title: Project Manager: Jacob Sweeting Initiation/Consultant Agreement Initiation Date: 2/24/2003 (M St Underpass) Permision to Advertise Advertisement Date: ________ Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funding Prior Years 20112012 Future Years Total 102 Fund - Traffic Impact Fees (M Street Underpass)268,500 268,500 Facilities Demolition Budget 30,000 30,000 0 Total 0298,50000298,500 Funds Budgeted (Funds Available) BUDGET STATUS SHEET Residential Buildings Demolition Date: 5/23/2011 The "Future Years" column indicates the projected amount to be requested in future budgets. ActivityPrior Years 20112012 Future Years Total Demolition Estimate 225,000 225,000 Demoltion Contingency (10%)22,500 22,500 Demolition - City Inspection and Mangement10,000 10,000 Demolition - Asbestos Abatement 41,000 41,000 Total 0298,50000298,500 Prior Years 20112012 Future Years Total *102 Funds Budgeted ( )0(268,500)00(268,500) 102 Funds Needed 0268,50000268,500 *102 Fund Project Contingency ( )00000 102 Funds Required 00000 Prior Years 20112012 Future Years Total *Funds Budgeted ( )0(30,000)00(30,000) Funds Needed 030,0000030,000 *Fund Project Contingency ( )00000 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City has available. 102 Arterial Street Budget Status Facilities Management Budget Estimated Cost (Funds Needed) W0606-3A CA.D W0606-3BCA.D W0606-3BCA.D AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1101 Date: May 27, 2011 Department: Public Works Attachments: Project Budget Status Sheet Program Budget Status Sheet Vicinity Maps Budget Impact: $0 Administrative Recommendation: City Council grant permission to advertise for bids for Project No. CP1011, 2011 Local Street Pavement Preservation Phase 1. Background Summary: The 2011 Local Street Pavement Preservation Project - Phase 1 will rehabilitate deficient pavement on 6.8 miles of local streets throughout the City. This rehabilitation will be accomplished by patching 1.1 miles of streets, overlaying 2.7 miles of streets, and chip sealing 3.0 miles of streets as shown on the attached maps. Advertising for bids for Phase 1 of this project is anticipated to begin in June 2011. Construction of Phase 1 is anticipated to begin in July 2011 and be complete by November 2011. Phase 2 of this project will rebuild pavement on 0.3 miles of local streets including the upgrading and/or replacing of existing utilities as shown on the attached maps. Construction of Phase 2 is anticipated to start in late summer 2011. A project budget contingency of $14,750 remains in the 103 (Local Street Pavement Preservation) fund for Phase 1. O4.9.1 CP1011 Reviewed by Council Committees: Public Works Councilmember:Peloza Staff:Dowdy Meeting Date:June 6, 2011 Item Number:CA.E AUBURN * MORE THAN YOU IMAGINEDCA.E Project No: CP1101 Project Title: Project Manager: Seth Wickstrom Project Initiation Initiation Date: _December 6th, 2010___ Permision to Advertise Advertisement Date: _______________ Contract Award Award Date: _____________________ Change Order Approval Contract Final Acceptance Funding Prior Years 20102011 Future Years Total 103 Fund - Local Street Preservation 1,900,0001,900,000 Total 001,900,00001,900,000 Activity Prior Years 20102011 Future Years Total Design Engineer - City Costs*1,000 1,000 Construction Estimate 1,785,000 1,785,000 Project Contigency (5%)89,250 89,250 Construction Engineering - City Costs*10,000 10,000 Total 001,885,25001,885,250 * City staff costs are charged against the Engineering Budget and '2011 SOS Administration Budget' and not the Project Budget, and are not shown here. BUDGET STATUS SHEET 2011 Local Street Pavement Preservation - Phase 1 Date: May 31, 2011 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) Prior Years 20102011 Future Years Total **103 Funds Budgeted ( )00(1,900,000)0(1,900,000) 103 Funds Needed 001,885,25001,885,250 **103 Fund Project Contingency ( )00(14,750)0(14,750) 103 Funds Required 00000 ** ( # ) in the Budget Status Sections indicates Money the City has available. 103 Local Street Preservation Budget Status W0606-4A 1 of 1 CA.E Project No: N/A Project Title: Project Manager: Seth Wickstrom Project Initiation Initiation Date: ____________________ Permision to Advertise Advertisement Date: _______________ Contract Award Award Date: _____________________ Change Order Approval Contract Final Acceptance Funding Prior Years 20102011 Future Years Total 103 Fund - Local Street Preservation (Funds budgeted in 2011)2,398,2202,398,220 103 Fund - Local Street Preservation (Undesignated Fund Balance)1,000,0001,000,000 105 Fund - Arterial/Collector Street Preservation (Undesignated Fund Balance)6,0006,000 430 Fund - Water (from the 2011 Street Improvement budget)310,700310,700 432 Fund - Storm (from the 2011 Street Improvement budget)260,200260,200 Total 003,975,12003,975,120 Activity Prior Years 20102011 Future Years Total 2011 SOS Administration Budget 105,350 105,350 CP1002 - 2010 Local Street Pavement Preservation (2011 costs only)600,000 600,000 SOS PROGRAM BUDGET STATUS SHEET 2011 Local Street Pavement Preservation Program Date: May 31, 2011 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) (2011 costs only)600,000 600,000 CP0920 - 2009 AC Main Replacement Project (for a portion of the pavement work only)106,532 106,532 2011 Local Street Pavement Preservation - Phase 2 1,725,000 1,725,000 CP1101 - 2011 Local Street Pavement Preservation - Phase 1 1,900,000 1,900,000 Total 004,436,88204,436,882 Prior Years 20102011 Future Years Total **103 Funds Budgeted ( )00(3,398,220)0(3,398,220) 103 Funds Needed 003,353,05803,353,058 **103 Fund Project Contingency ( )00(45,162)0(45,162) 103 Funds Required 00000 Prior Years 20102011 Future Years Total **105 Funds Budgeted ( )00(6,000)0(6,000) 105 Funds Needed 005,824 05,824 **105 Fund Project Contingency ( )00(176)0(176) 105 Funds Required 00000 Prior Years 20102011 Future Years Total **430 Funds Budgeted ( )00(310,700)0(310,700) 430 Funds Needed 00585,0000585,000 **430 Fund Project Contingency ( )00000 430 Funds Required 0 0 274,300 0 274,300 Prior Years 20102011 Future Years Total **432 Funds Budgeted ( )00(260,200)0(260,200) 432 Funds Needed 00493,0000493,000 **432 Fund Project Contingency ( )00000 432 Funds Required 0 0 232,800 0 232,800 ** ( # ) in the Budget Status Sections indicates Money the City has available. 430 Water Budget Status 432 Storm Budget Status 105 Arterial/Collector Street Preservation Budget Status 103 Local Street Preservation Budget Status W0606-4B 1 of 1 CA.E W0606-4C CA.E W0606-4C CA.E W0606-4C CA.E W0606-4CCA.E W0606-4C CA.E AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP0745 Date: May 24, 2011 Department: Public Works Attachments: Budget Status Sheet Final Pay Estimate Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council approve Final Pay Estimate #5 to Contract 10-07 in the amount of $0.00, for a total contract price of $167,897.17, with Buckley Nursery Co., Inc. and accept construction of Project No. CP0745, White River Trail Extension Background Summary: This project provided clearing, grubbing and grading for a 10 foot wide asphalt trail approximately 1,200 feet long. The work also included construction of walls, handrails and chain link fencing to complete the trail. A project budget contingency of $37,166 remains in the 321 fund. O5.2 CP0745 Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:June 6, 2011 Item Number:CA.F AUBURN * MORE THAN YOU IMAGINEDCA.F Project No: CP0745Project Title: Project Manager: Robert Lee Project Initiation Initiation Date: _January 8, 2009_ Permision to Advertise Advertisement Date: _July 13, 2010_ Contract Award Award Date: _August 16, 2010_ Change Order Approval Contract Final Acceptance Funding Prior Years 20102011 Future Years Total 321 Fund - Parks & Rec Fund34,146173,97845,0000253,124 Total34,146173,97845,0000253,124 Activity Prior Years20102011Future Years Total Design Engineering - City Costs00000 Design Engineering - Consultant Costs34,1464,6880038,834 Construction Contract Bid 0159,6881,8400161,527 Line Item Changes 005,99505,995 Other - City Provided Landscaping09,483009,483 Construction Engineering - City Costs012000120 Construction Engineering - Consultant Costs00000 Total34,146173,9787,8340215,959 Prior Years20102011Future Years Total *102 Funds Budgeted ( )(34,146)(173,978)(45,000)0(253,124) 102 Funds Needed 34,146173,9787,8340215,959 *102 Fund Project Contingency ( )00(37,166)0(37,166) 102 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City has available. 321 Parks & Recreation Budget Status BUDGET STATUS SHEET White River Trail Extension Date: May 2, 2011 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) H:\PROJ\CP0745- White River Trail\Budget\CP0745 BudgetStatusSheet.xls1 of 1 W0606-2A CA.F W0606-2B CA.F W0606-2B CA.F W0606-2B CA.F W0606-2C CA.F AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1020 Date: May 27, 2011 Department: Public Works Attachments: Budget Status Sheet Final Pay Estimate Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council approve Final Pay Estimate #2 to Limited Public Works Contract 10-30 in the amount of $7,643.70, for a total contract price of $40,731.00, with Totem Electric of Tacoma, Inc. and accept construction of Project Number CP1020, 2010 Signal Improvements. Background Summary: This project constructed protected permissive signal head improvements at the following three intersections: M Street SE/Auburn Way S, West Valley Highway/37th Street NW and Emerald Downs Drive/15th Street NW. ITS cameras were installed at the intersections of West Valley Highway/37th Street NW and Emerald Downs Drive/15th Street NW. Change Order #1 installed Trafficon video detection cameras at the intersection of West Valley Highway (WVH) and 37th Street NW. The total project cost is $42,850. There is $94,180 budgeted in 2011 in the Capital 328 Fund for Traffic Signal Improvements, $50,000 of which is available for this project. O4.10.2 Reviewed by Council Committees: Public Works Councilmember:Peloza Staff:Dowdy Meeting Date:June 6, 2011 Item Number:CA.G AUBURN * MORE THAN YOU IMAGINEDCA.G Project No: CP1020Project Title: Project Manager: _Leah Dunsdon____ Project Initiation Initiation Date: _11/10____ Permision to Advertise Advertisement Date: _11/30/10__ Contract Award Award Date: _12/20/10____ Change Order Approval Contract Final Acceptance Funding Prior Years 20102011 Future Years Total 328 Fund - Signal Improvement Funds *** 94,18094,180 Total 0094,180094,180 Activity Prior Years 20102011 Future Years Total Design Engineering - City Costs ** 000 Construction Contract Bid 38,89638,896 Change Order #1 2,8352,835 Line Item Changes (1,000)(1,000) Other - 5 Camera Licenses 2,1192,119 Construction Engineering - City Costs **00 Total 0042,850042,850 Prior Years 20102011 Future Years Total *328 Funds Budgeted ( )00(94,180)0(94,180) 328 Funds Needed 0042,850042,850 *328 Fund Project Contingency ( )00(51,330)0(51,330) 328 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City has available. ** In house Labor is charged to Engineering General Fund *** There is $94,180 budgeted in 2011 in the Capital 328 Fund for Traffic Signal Improvements, $50,000 of which is available for this project. BUDGET STATUS SHEET 2010 Signal Improvements Date: May 24, 2011 328 General Fund Budget Status The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) H:\PROJ\CP1020-2010 Signal Improvements\Budget\CP1020.BudgetStatusSheet.xls1 of 1 W0606-5A CA.G W0606-2BCA.G W0606-2B CA.G W0606-2B CA.G W0606-5C CA.G AGENDA BILL APPROVAL FORM Agenda Subject: Leak Adjustment Request Date: June 1, 2011 Department: Finance Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve a sewer utility adjustment to account number 019213, for Skills Inc., in the amount of $22,198.83 for sewer where the water leaked in to the ground and did not enter the sanitary sewer system. Also, City Council approve a water leak adjustment related to the above in the amount of $4,821.67 (which is the $500.00 initial maximum plus 50% of the remaining water adjustment calculation) as per recommendation by Public Works Committee. Background Summary: Skills Inc. submitted a request for leak adjustment on March 31, 2011. The leak adjustment was initially denied on the basis that the leak location did not meet the criteria in the policy. The leak adjustment request was appealed to the Public Works Committee who requested an administrative change to the policy allowing for leak adjustments to accounts for sanitary sewer if the City can verify that the water did not enter the sanitary sewer system. The City confirmed that the water leaked into the ground. In addition, the Committee recommended the account be further adjusted for a portion of the water consumption associated with the leak. The calculated adjustment is $22,198.83 for City and Metro sewer billing and a water adjustment in the amount of $4,821.67. F4.5.2 Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Coleman Meeting Date:June 6, 2011 Item Number:CA.H AUBURN * MORE THAN YOU IMAGINEDCA.H AGENDA BILL APPROVAL FORM Agenda Subject: Leak Adjustment Request Date: June 1, 2011 Department: Finance Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve a water and sewer utility adjustment to account number 019980, for Hinshaws Honda in the amount of $1,072.15 for sewer where the water leaked into the ground and did not enter the sanitary sewer system. Also, City Council approve a water leak adjustment related to the above in the amount of $436.20. Background Summary: Hinshaw's Honda submitted a request for leak adjustment on March 2, 2011. The leak adjustment was initially denied on the basis that the leak location did not meet the criteria in the policy. The leak adjustment request was appealed to the Public Works Committee who requested an administrative change to the policy allowing for leak adjustments to accounts for sanitary sewer if the City can verify that the water did not enter the sanitary sewer system. The City confirmed the water leaked into the ground. In addition, the Committee recommended the account be further adjusted for a portion of the water consumption associated with the leak. The calculated adjustment is $1,072.15 for City and Metro sewer billing and a water adjustment in the amount of $436.20. F4.5.2 Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Coleman Meeting Date:June 6, 2011 Item Number:CA.I AUBURN * MORE THAN YOU IMAGINEDCA.I AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6361 Date: May 11, 2011 Department: City Attorney Attachments: Ordinance No. 6361 Budget Impact: $0 Administrative Recommendation: City Council introduce and adopt Ordinance No. 6361. Background Summary: In 1999, the City Council adopted its Ordinance No. 5250 which restricted new card games (gambling licenses for card games) within the City to only those establishments currently licensed by the Gambling Commission. The question has arose about the scope of that restriction, such that it is appropriate to provide clarification of the terms of Ordinance No. 5250. The clarification is provided in the proposed Ordinance No. 6361 so that card game activities can be pursued, and gambling licenses sought, by any establishment licensed, as of June, 1999, to engage in any gambling related activity, other than punch boards and pull tabs, regulated by the Washington State Gambling Commission or any other state agency authorized to license and regulate any gambling related activities. O7.1 Reviewed by Council Committees: Finance Councilmember:Backus Staff:Heid Meeting Date:June 6, 2011 Item Number:ORD.A AUBURN * MORE THAN YOU IMAGINEDORD.A ORDINANCE NO6 3 6 1 AN ORDINANCE OF THE CITY OF AUBURN WASHINGTON AMENDING ORDINANCE NO 5250 ADOPTED JUNE 21 1999 PROHIBITING SOCIAL CARD GAMES CONDUCTED AS A COMMERCIAL STIMULANT EXCEPT FOR THOSE ESTABLISHMENTS CURRENTLY LICENSED BY THE WASHINGTON STATE GAMBLING COMMISSION ANDOR LAWFULLY OPERATING IN THE CITY AS OF JUNE 7 1999 ESTABLISHING PENALTIES FOR VIOLATIONS AND PROVIDING THAT THE MORATORIUM ON SOCIAL CARD GAMES CONDUCTED AS A COMMERCIAL STIMULANT AS ESTABLISHED UNDER ORDINANCES 5249 AND 5198 BE TERMINATED UNLESS THIS ORDINANCE IS DETERMINED TO BE INVALID OR UNENFORCEABLE FOR ANY REASON WHEREAS the City had previously established a moratorium on the issuance of additional licenses by the State Gambling Commission of Social Card Games conducted as a commercial stimulant for the purposes of studying its affects and to receive public input in accordance with City of Auburn Ordinance Numbers 5198 and 5249 and WHEREAS in connection therewith the City reviewed the effects of casinos and gambling in other communities in nation and received public input at its public hearings and WHEREAS during the public hearings held in connection with City of Auburn Ordinance Numbers 5198 and 5249 both the general public and operators of social card games conducted as a commercial stimulant provided input to the City Council and WHEREAS also in connection therewith the Planning Commission reviewed and made recommendations to the City Council and Ordinance No 6361 April 22 2011 Page 1 of 6 ORD.A WHEREAS RCW 946295 authorizes municipalities to prohibit certain gambling activities otherwise authorized and WHEREAS after receiving public input in connection with City of Auburn Ordinance Numbers 5198 and 5249 and having been advised of the action taken by neighboring municipalities the City deemed it to be in the public interest and welfare to prohibit certain social card games as defined in RCW 9460282 and WHEREAS the City Council in Ordinance No 5250 found that the State legislature in amendments to the State Gambling Act allowed certain enhanced card rooms which are commonly referred to as minicasinos and WHEREAS the City Council also found that as a result of this authorization there has been established a number of minicasinos in the South King County Region and WHEREAS the City Council also found that there are adverse affects as the result of the establishment of the minicasinos which include but are not limited to perceptions by residences and businesses of the negative affect that such minicasinos would have and therefore do not desire to have a residence or a business in the same municipality where such exist and WHEREAS the City Council also found that under the Growth Management Act GMA the City is required to infill and provide high density development within its boundaries and the establishment of minicasinos could be adverse to attracting occupants for such developments and Ordinance No 6361 April 22 2011 Page 2 of 6 Y ORD.A WHEREAS the City Council also found that the establishment of mini casinos is not in harmony with the Comprehensive Plan as it has a negative affect on the attraction of business and residential development into the urban area and WHEREAS the City Council also found that prohibiting social card games conducted as a commercial stimulant is an exercise of the Citys police powers pursuant to legislative authority per RCW 946295 and in the best interest ofthe general health safety and welfare of the citizens of the City and WHEREAS the City Council also found that Ordinance No 5250 had no adverse environmental affect and WHEREAS the City Council also found that Ordinance No 5250 was in harmony with the Comprehensive Plan and WHEREAS sincethe time oftheadoption of Ordinance No 5250 a need for clarification of its terms has been identified insofar as the language of Section 3 of Ordinance No 5250 does not clearly indicate the legislative intent that any establishments licensed by the Washington State Gambling Commission andor lawfully operating any type of gambling activity in the City as of June 7 1999 may operate social card games as a commercial stimulant and WHEREAS it is appropriate to amend the language of Ordinance No 5250 to provide such clarification Ordinance No 6361 April 22 2011 Page 3 of 6 ORD.A NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN KING COUNTY WASHINGTON DO HEREBY ORDAIN THAT ORDINANCE NUMBER 5250 ADOPTED JUNE 21 1999 BE AMENDED AS FOLLOWS Section 1 The City finds as set forth above Section 2 In accordance with RCW 946295 the operation or conduct of socialcard games by a person association or organization as a commercial stimulant is prohibited within the City of Auburn provided that bona fide charitable or nonprofit organizations may operate or conduct social card games if social card games have been duly licensed by the Washington State Gambling Commission and if they are otherwise operator conducted and in compliance with the Auburn City Code Section 3 Those establishments GUOently licensed by the Washington State Gambling Commissionor any other state regulatory agency that authorizes and licenses gambling activities ands lawfully operating in the City as of June 7 19991 may Gdhtinue operate social card games as a commercial stimulant provided that forthe purposes hereof the licenses referred to do not include licenses for punchboards andor pulltabs It is further provided that this ordinance does not authorize gambling activities to be increased to additional locations not contiguous to and part of the same ownership of the existing licensed activity Ordinance No 6361 April 22 2011 Page 4 of 6 ORD.A Section 4 Any person who violates or fails to comply with the provisions of this chapter shall be guilty of a misdemeanor and punishable pursuant to Auburn City Code Section 5 For the purposes ofthis ordinance the words and terms used herein shall have the samemeaning given to each pursuant to RCW Chapter 9466s the same may exist and from time to time be amended and is set forth in the Rules of the Washington State Gambling Commission Chapter 230 Washington Administrative Code the same may exist or hereafter be amended unless otherwise specifically provide herein Section 6 SEVERABILITY If any provision of this ordinance or Ordinance No 5250 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 6249 and Ordinance 5198 shall be in effect and shall run six 6 months from the date of the determination of invalidity or unenforceability Section 7 EFFECTIVE DATE This ordinance shall effect and be in force five 5 days from and after he passage approval and publication as required by law Ordinance No 6361 April 22 2011 Page 5 of 6 E ORD.A INTRODUCED PASSED APPROVED CITY OF AUBURN PETER B LEWIS MAYOR ATTEST Danielle E Daskam City Clerk APP D OR D el Heid A o ne Published r Ordinance No 6361 April 22 2011 Page 6 of 6 ORD.A AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6363 Date: May 31, 2011 Department: Planning and Development Attachments: Staff report to Planning Commission Ordinance No. 6363 Budget Impact: $0 Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6363. Background Summary: Burr Mosby, Mosby Brother Farms Inc.. through his agent, Lee Michaelis of R.W. Thorpe and Associates applied for both Comprehensive Plan and Zoning Amendments in June of 2010. Because changes to the Comprehensive Plan were necessary for any future approval of the Zoning Code text amendments, substantive policy analysis and work was done by the Planning and Community Dvelopment Committee and Planning Commission were done first. Changes to applicable policy statements of the Comprehensive Plan were approved by the City Council in December 2010 by Ordinance No. 6334. The "privately initiated" text amendments to Title 18 (Zoning) of the Auburn City Code are intended to allow for and regulate the establishment and operation of "agricultural enterprises" on properties with a zoning designation of RC, Residential Conservancy. The proposed amendments will primarily affect four sections of the current zoning code as follows: · Chapter 18.04 - Definitions (to provide a definition of the intended use) · Chapter 18.07 - Residential Zones (to define whether the use is allowed through an administrative or conditional use permit using the code's matrix format) · Chapter 18.31 - Supplemental Development Standard s (to provide additional standards to ensure the use will be appropriate and compatible in the zoning district) Chapter 18.56.030F - Signs (to allow changing message center in the RC zone when part of an Agricultural Enterprise) On May 7, 2011 the Planning Commission held a public hearing on the proposed Zoning Code text amendments. At the close of the public hearing, the Planning Commission approved a motion recommending to the City Council the adoption of the proposed Zoning Code textamendments with one modification. This modification pertained to the wall signage provision of Section 18.31.210.E.16.b (Wall Signs). The Planning Commission recommended modifying the applicant's proposed maximum sign face are calculation for wall signs from 1.5 AUBURN * MORE THAN YOU IMAGINEDORD.B square feet of sign area for every one linear foot of building frontage to 1 square feet of sign area for every one linear foot of building frontage . Subsequent to the public hearing, the proposed Zoning Code text amendments were reviewed by the Planning and Community Development Committee and the Public Works Committee. Both Committees concurred with the Planning Commission recommendation , and recommend approval to the City Council. O3.4.2.1.2 Reviewed by Council Committees: Planning And Community Development, Public Works Other: Legal, Planning Commission Councilmember:Norman Staff:Snyder Meeting Date:June 6, 2011 Item Number:ORD.B AUBURN * MORE THAN YOU IMAGINEDORD.B AGENDA BILL APPROVAL FORM Page 1 of 5 Agenda Subject ZOA10-0001, Mosby Brothers Farms Inc. Zoning Text Amendments Date: April 26, 2011 Department: Planning and Development Attachments: Proposed draft code amendments, Application, final SEPA DNS. Budget Impact: N/A Administrative Recommendation: Planning Commission recommends to City Council approval of the Mosby Brothers Farms Inc. Zoning Text Amendments, as modified by staff. Background Summary: Burr Mosby of Mosby Brother Farms Inc. through his agent, Lee Michaelis of R.W. Thorpe and Associates applied for both Comprehensive Plan and Zoning Amendments in June of 2010. Changes to the policy statements of the Comprehensive Plan were approved by the City Council in December 2010 by Ordinance No. 6334. This staff report and recommendation addresses the follow-on “privately initiated” amendments to the Title 18 - Zoning of the Auburn City Code’s to allow for and regulate the establishment and operation of “agricultural enterprises” on properties with a zoning designation of RC, Residential Conservancy. The proposed amendments will primarily affect three sections of the current zoning code as follows: x Chapter 18.04 - Definitions (to provide a definition of the intended use) x Chapter 18.07 - Residential Zones (to define whether the use is allowed through an administrative or conditional use permit using the code’s matrix format) x Chapter 18.31 – Supplemental Development Standards (to provide additional standards to ensure the use will be appropriate and compatible in the zoning district) The May 3, 2011 Planning Commission meeting will involve a public hearing on the proposed code amendments. The Planning Commission is advisory to the City Council and will make a recommendation to the City Council. Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Services Finance Parks Human Services Planning & Dev. Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Staff: Stuart Wagner Meeting Date: May 3, 2011 Item Number: L0606-1B ORD.B Agenda Subject: ZOA10-0001 Mosby Brothers Farm Inc. Zoning Text Amendments Date: April 26, 2011 Page 2 of 5 A. Findings of Fact 1. Auburn City Code Chapter 18.68 outlines the process for the initiation of zoning text amendments (public and private) and the public hearing process: 18.68.020 Initiation of amendments. B. Text. 1. The city council, or planning and development committee of the city council, upon its own motion may request the planning commission to conduct a public hearing to amend any portion or all of this title; provided, that text amendments that are purely administrative or procedural do not require a public hearing, nor do they require preliminary review or recommendations of the planning commission; 2. The planning commission may upon its own motion call for a public hearing to amend any portion or all of this title, with the exception of purely administrative or procedural amendments; 3. Any resident or property owner of the city may petition the city to request an amendment to the text of this title. 18.68.030 Public hearing process. A. Text Amendments. With the exception of purely administrative or procedural amendments, the planning commission shall conduct at least one public hearing on all amendments to this title. The planning commission shall make a recommendation to the city council who may or may not conduct a public hearing. 2. The applicant’s agent submitted a comprehensive plan map amendment application and zoning text amendment application on June 1, 2010. Changes to the policy statements of the Comprehensive Plan were previously reviewed by the Planning Commission and approved by the City Council in December 2010 by Ordinance 6334. These changes added a policy to Chapter 2, General Planning Approach, and modified three existing policies within Chapter 3, Land Use, of the City’s Comprehensive Plan. The new policy statements are found below: x GP-31: The City should appropriately support local businesses that enhance the image of the City through their contribution to economic vitality, educational, and historic value of the community. x LU-14: Residential densities in areas designated "residential conservancy", which represent areas that have environmental constraints or which promote protection of City water sources, should be no greater than 1 dwelling unit per 4 acres until such time public facilities are available. Where it is found through a land use approval process to be supportive of the purpose of the “residential conservancy” designation, where it does not substantially adversely impact the surrounding residential community and demonstrates compliance to development standards specified in the zoning code, agricultural uses and limited commercial uses in support of agricultural uses may be allowed with appropriate environmental protection. x LU-15: The area designated “residential conservancy” allows for a lifestyle similar to that of rural areas since the lower density established protects the critical areas such as the City’s Coal Creek Springs watershed. A rural lifestyle generally includes allowance of farm animals, streets not urban in character (e.g. no sidewalks, street lights), and ORD.B Agenda Subject: ZOA10-0001 Mosby Brothers Farm Inc. Zoning Text Amendments Date: April 26, 2011 Page 3 of 5 limited agricultural type uses. The “residential conservancy” also allows appropriate- scale commercial activity in support of agricultural uses where it is found through a land use approval process to be supportive of the purpose of the “residential conservancy” designation, where it does not substantially adversely impact the surrounding residential community and demonstrates compliance to development standards specified in the zoning code. x LU-45: Limited agricultural uses and commercial uses (such as daycare centers) may be permitted as a principal use, but only under appropriate conditions, by means of conditional use or administrative use permits when landscaping and design features can be used to minimize impacts on surrounding uses and the site is: o Along the border of residential neighborhoods; or o In specific areas where site specific conditions may limit the use of the site for residential uses; or o Along arterials transecting residential neighborhoods. 3. The application was submitted by Lee A. Michaelis, Senior Associate/Planning Director of R.W. Thorpe & Associates, Inc., agent, on behalf of Burr Mosby of Mosby Brothers Farms Inc., applicant on June 1, 2010. 4. The proposal, as described by the applicant, consists of the following 3 phases: Phase I Comprehensive Plan policy/text amendments to acknowledge appropriateness of agricultural uses and limited retail uses that support agricultural uses. The proposal also requests text changes to Title 18 (Zoning) of the Auburn City Code (ACC). Specifically the proposal requests changes to ACC 18.07 (Residential Zones) that will allow an Agricultural Enterprise (and uses directly related to) without the need for a single family residence in the RC, Residential Conservancy Zoning District. Some of the uses proposed in the application include: x Roadside agricultural stand exceeding 300 square feet, up to a maximum 5,000 square feet for products grown on and off site. x Agricultural crops and open field growing (pumpkin patch, cornfields, and education gardens, vineyards). x Gazebo/trellis for outdoor events such as weddings, reunions and large group parties. x Winery-related building not too exceed 5,000 square feet Phase 2 Submit building permits and necessary clearing and grading permits for the construction of the farm stand, greenhouses, vineyard gazebo, and plantings for the open crop fields. Also included with this phase would be the installation of necessary utilities and parking needed to support the proposed uses. ORD.B Agenda Subject: ZOA10-0001 Mosby Brothers Farm Inc. Zoning Text Amendments Date: April 26, 2011 Page 4 of 5 Phase 3 The third phase would include the necessary permits for the construction of the espresso/juice bar and winery and the installation of utilities and parking needed to support the proposed uses. 5. Phase I consists of two distinct actions; policy/text amendments to the comprehensive plan and text changes to the use and development regulations of the RC, Residential Conservancy zoning district. The purpose of the comprehensive Plan policy/text amendment was to provide a policy basis for the zoning regulation changes to ensure that the Comprehensive plan and Zoning Ordinance are consistent as required by city code: “ACC 14.22.050 Conformance and consistency. The zoning, land division and other development codes contained or referenced within Auburn City Code shall be consistent with and implement the intent of the comprehensive plan. Capital budget decisions shall be made in conformity with the comprehensive plan. “ 6. The subsequent Phases 2 and 3 will be addressed by future applications submitted to the City and will apply to the vacant site that the applicant currently leases that is located west of the interchange of Auburn-Black Diamond Road SE and State Route 18, on the south side of the Auburn-Black Diamond Road SE. The property is identified as tax parcel number 2121059160. The site is currently being farmed. This parcel has a comprehensive Plan designation of “Residential Conservancy” and a zoning category of RC, Residential Conservancy. 7. A Determination of Non-Significance (DNS) was issued on September 20, 2010 for CPA10- 0001 and ZOA10-0001, Mosby Brothers Farms Inc. Comprehensive Plan and Zoning Text Amendments under file No. SEP10-0013. No comments were received or appeals were filed. 8. Pursuant to RCW 36.70A.106, the proposed zoning text amendments were sent to the Washington State Department of Commerce and other state agencies as required for the 60-day state review. No comments were received from Commerce or other state agencies as of the writing of this report. 9. On February 28, 2011, the Planning and Community Development Committee (PCDC) held a discussion on Agricultural Enterprises together with an overview of the proposed code amendments. 10. The public hearing notice was published on April 7, 2011 in the Seattle Times at least 10- days prior to the Planning Commission public hearing scheduled for April 19, 2011. This public hearing item was rescheduled to the Tuesday, May 3, 2011 Planning Commission meeting. The public hearing notice for this new hearing date was republished in the Seattle Times on April 18, 2011. B. Conclusions The following discusses the zoning text amendments proposed by Burr Mosby of Mosby Brother Farms Inc., scheduled for the Planning Commission’s May 3, 2011 public hearing with a staff recommendation. ORD.B Agenda Subject: ZOA10-0001 Mosby Brothers Farm Inc. Zoning Text Amendments Date: April 26, 2011 Page 5 of 5 1. The proposed zoning text amendments were modified after a discussion was held with the Planning Commission on April 3, 2011. These modifications were based on feedback received from the Planning Commission, questions asked of staff by the Commissioners, continued discussions with the applicant, and input from the Planning Director. All modifications are shown within the proposed code amendments as strike-outs (removed) and underlines (new). Notable changes include moving the list of allowed uses from the Agricultural Enterprises definition to the Supplemental Development Standards Chapter, changing the definition for “Tasting room” which aligns closer to the Washington State Liquor Board definition of a tasting room, adding a new definition for “Agricultural Store”, changing the maximum areas for lot coverage and impervious surfaces, and modifying a section of the sign code that addresses changing message center signs. 2. The zoning text amendments as proposed by the applicant, and subsequently modified by staff, can be supported by the City of Auburn Comprehensive Plan. The proposed amendments implement the comprehensive plan policies referenced above by allowing for agricultural uses and limited commercial uses in support of agricultural uses as a principal use within the RC, Residential Conservancy zoning district. The amendments also establish a land use approval process (administrative or conditional use permit) on all Agricultural Enterprises, together with a set of development standards that need to be adhere to, in order to minimize impacts on surrounding uses with a “Residential Conservancy” Comprehensive Plan designation. Staff has conducted a review of the Comprehensive Plan in light of the proposed amendments and has not identified any areas of conflict or inconsistency. 3. The proposed text amendments will create new definitions in the zoning code, add “Agricultural Enterprise” as a use to the Residential Permitted Use Table (ACC 18.07.020), and create new development standards to regulate the establishment and operation of Agricultural Enterprises. Together these new development regulations will assist in maintaining and preserving the lower density residential character, integrity, environmental protection, and property values of the Residential Conservancy (RC) zone where they will be located on, as well as the surrounding areas. C. Staff Recommendation Planning Commission recommends to City Council approval of the Mosby Brothers Farms Inc. Zoning Text Amendments, as modified by staff. Exhibits A. Proposed Code Amendments – Draft Form B. Master Land Use Application C. Notice of Application D. Determination of Non-Significance E. Public Hearing Notices F. 60-day State Review – Department of Commerce G. Recent Correspondence (R.W. Thorpe & Associates) ORD.B DRAFT Chapter 18.04 1 2 3 DEFINITIONS (NEW) 18.04.035 Agricultural enterprise 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 “Agricultural enterprise” means a business enterprise which is engaged in or related to farming, agricultural production and other businesses and services supporting and promoting agriculture practices and the practice of locally and regionally grown foods. The term shall also include the following as agricultural enterprises: A. “Agritourism” means a business enterprise activity that includes operation of a working farm or any agricultural, horticultural or agricultural operation; that, while not an exclusive function, is open to the public on at least a periodic basis for enjoyment, recreation, personal entertainment, or education. B. “Agricultural Entertainment” means any event or activity that allows for recreation, entertainment, education and tourism in conjunction with agriculture support and services associated with agricultural activities. The agricultural entertainment shall be permitted in conjunction with support of the agriculture enterprise. 18.04.036 Agricultural store 21 22 “Agricultural store” means a retail food establishment, housed in a permanent structure, 23 whose primary economic activity is the sale of local and regional agricultural products directly to local consumers and to tourists. Secondary economic activity includes the 24 25 sale of sundries, prepackaged food, bottled or canned beverages and freshly prepared 26 27 food and beverages for consumption on-site. 18.04.827 Special events 28 29 30 31 32 33 34 “Special events” means incidental use of a facility, which is otherwise allowed or permitted in the zoning district, as a venue for hire for social gatherings. Special events do not include marketing or promotional events that are part of the normal operation of an agricultural enterprise or win ery and directly related to products sourced from that operation. 18.04.894 “Tasting Room” means an establishment that allows customers to taste 35 36 samples of wine, beer or other alcoholic beverage and has a State of Washington 37 issued liquor license as a tasting room. A tasting room may include wine, beer, or other 38 alcoholic beverage and related items sales, marketing events, special events, 39 entertainment, and/or food service. Establishments that are classified by the state 40 liquor board as bars, nightclubs, taverns or restaurants are not included in this 41 42 classification. 18.04.894 Tasting room 43 44 “Tasting room” means an additional location separate from, or on the same site as, the 45 production/manufacturing site, that allows customers to taste by the glass samples of 46 wine, or beer, or other alcoholic beverage and has a State of Washington issued liquor DRAFT CODE AMENDMENTS – PLANNING COMMISSION 5/3/11 Page 1 ORD.B DRAFT 1 license to operate a tasting room. In addition to sampling of alcoholic beverages, a 2 tasting room may include retail sales for off-premise consumption of wine or beer, or 3 4 other alcoholic beverage of its own production. 18.04.911 Winery 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 “Winery” means a facility where fruit or other ingredients are processed (i.e. crushed, fermented, blended, aged. and/or, stored, bottled) and may include as incidental and/or accessory to the principles use, a tasting room, food and beverage service, places of public/private assembly and/or retail sales area. DRAFT CODE AMENDMENTS – PLANNING COMMISSION 5/3/11 Page 2 ORD.B DRAFT Chapter 18.07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 RESIDENTIAL ZONES (NEW & EXISTING) 18.07.010 Intent B. (RC) Residential Conservancy Zone – One Dwelling Unit per Four Acres. The RC residential conservancy zone is intended primarily to provide for low-intensity single-family residential uses with characteristics of an agricultural environment; provided, that appropriate scale commercial activity in support of agricultural uses may be allowed with appropriate environmental protection. These areas allow for a lifestyle similar to that of rural areas that includes allowance of farm animals and streets without sidewalks. This zone is intended to protect areas with significant environmental constraints or values from impacts typically associated with urban levels of development while allowing low-intensity development designed to minimize impacts on the natural environmental features designated for conservation. Public improvements required within the RC zone will be less than is normally required for the higher intensity residential zones within the city. This zone shall only be applied in areas designated as Residential Conservancy on the comprehensive plan. This zone shall allow one dwelling unit per four acres minimum lot area. 18.07.020 Uses Table 18.07.020 Permitted Use Table – Residential Zoning Designations P = Permitted A = Administrative C = Conditional Use X = Not Permitted Land Uses Zoning Designations R-C R-1 R-5 R-7 R-10 R-16R-20 D. Resource Uses. Agricultural Enterprise 8. When 50 percent, or more, of the total site area is dedicated to active agricultural production during the growing season, and with 52 or less special events per calendar year. A8 X X X X X X When less than 50 percent of the total site area is dedicated to active agricultural production during the growing season, or with more than 52 special events per calendar year. C8 X X X X X X 22 23 8 Agricultural Enterprise uses are subject to supplemental development standards under ACC 18.31.210 24 25 26 27 Agricultural Enterprises Development Standards. DRAFT CODE AMENDMENTS – PLANNING COMMISSION 5/3/11 Page 3 ORD.B DRAFT Chapter 18.31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 SUPPLEMENTAL DEVELOPMENT STANDARDS 18.31.210 Agricultural Enterprises Development Standards (NEW SECTION) A. Purpose The purpose of this Chapter is to regulate the establishment and operation of Agricultural Enterprises in order to maintain and preserve the lower density residential character, integrity, environmental protection, and property values of the Residential Conservancy (RC) zone in which they are located and the surrounding areas. B. Applicability The permit requirements and standards provided in this section apply to Agricultural Enterprises where allowed in compliance with Chapter 18.07, Residential Zones and meeting the definition of Agricultural Enterprises as provided in ACC 18.04.035. The development standards of the RC zone shall apply unless a different standard applies with the supplemental development standards. C. Uses 19 20 In pursuit of the above purpose, the following uses may be permitted when 21 directly related to, or in conjunction with, an Agricultural Enterprise under a unified 22 management or ownership and when an administrative or conditional use permit has 23 been issued pursuant to the provisions of Chapter 18.64 ACC. An Administrative Use 24 Permit is required when 50 percent, or more, of the total site area is dedicated to active 25 agricultural production during the growing season, and with 52 or less Special Events 26 per calendar year. A Conditional Use Permit is required when less than 50 percent of 27 the total site area is dedicated to active agricultural production during the growing 28 29 season, or with more than 52 Special Events per calendar year. 1. Agricultural Crops and open field growing; 30 31 2. Agricultural Store Commercial Retail Store 3. Barns, Silos and related structures; 32 33 34 35 36 37 38 39 40 41 42 4. Caretaker quarters, not more than one per Agricultural Enterprise; 5. Catering Facilities that serve on-site visitors or uses agricultural products; 6. Delicatessens, restaurants or sandwich shops limited to a seating area of 25 seats; 7. Drive-Through Espresso and/or Non Alcoholic Beverage Stands, Free standing; 8. Education facilities providing courses related to agricultural production and/or processing or promotion of locally and regionally grown food; 9. Farmstands, for the sale of agricultural products raised on the premises in addition to agricultural products that are raised off site; 10. Greenhouses; 11. Keeping of livestock, fowl and rabbits or similar sized animals; provided, that 43 an appropriate structure or enclosure is provided. there shall not be more 44 45 than one horse, cow, donkey or other large animal, or four small animals such DRAFT CODE AMENDMENTS – PLANNING COMMISSION 5/3/11 Page 4 ORD.B DRAFT 1 as sheep, or 12 poultry, rabbits, or similar size animals per each acre of 2 enclosed usable pasture or roaming area. 3 4 5 6 7 8 9 10 11 12 12. Museum and cultural facilities; and civic displays 13. Outdoor Musical Entertainment (when it meets all requirements for the business licensing of ACC 5.20.200); 14. Small Scale Food Processing or packaging of agricultural products; 15. Special Events - Special events include, but are not limited to, the following activities where attendance exceeds 200 persons or more: a) Weddings b) Meetings c) Receptions d) Reunions 13 14 15 16 17 18 e) Wine Tasting events for food or beverage f) Private Parties g) Concerts held within an enclosed building and thus are not subject to the individual business licensing of ACC 5.20.200 for Outdoor musical entertainment h) Retreats 19 i) Other comparable events 20 21 22 16. Tasting room; 17. Tourist and Visitor Services; 18. Winery; and 23 24 25 26 27 28 29 30 31 19. Other uses as determined by the Planning Director. The Planning Director may authorize uses under this definition other than those which are listed, if the Planning Director determines the use is consistent with the intent of the zone and is of the same general character of the uses permitted within the zone. Further guidance on administrative interpretations of land uses can be found in ACC 18.02.120. D. Development Standards 32 33 34 35 36 37 1. Minimum Area. The minimum area devoted to an Agricultural Enterprise business shall be a single parcel with a minimum of 10 acres in total site area within the Residential Conservancy (RC) zone. Environmentally Critical Areas are not counted toward total site area when determining whether an Administrative or Conditional Use Permit is required. 38 39 40 41 2. Location. The proposed Agricultural Enterprise business shall have direct access onto a Minor Arterial or higher classification street as determined by the Planning Director and City Engineer. 42 43 44 45 3. Maximum Building Size. Each individual non-residential building, excluding greenhouses, used in conjunction with the Agricultural Enterprise business shall not exceed 5,000 square feet in gross floor area. DRAFT CODE AMENDMENTS – PLANNING COMMISSION 5/3/11 Page 5 ORD.B DRAFT 1 Coverage. The combination of multiple buildings on a single site used in conjunction with the Agricultural Enterprise business shall not exceed 50,000 2 3 square feet in gross floor area and shall not exceed the maximum allowed lot 4 coverage for the RC zone. The maximum impervious area shall not exceed 40 5 6 percent. 4. Lot Coverage: The combination of all buildings, to include greenhouses, on a 7 single site used in conjunction with the Agricultural Enterprise business shall not 8 exceed 15 percent of the total site area. 9 10 11 5. Maximum Impervious Area: The maximum impervious area shall not exceed 25 12 13 percent. 6. Setbacks: Structures for Agricultural Enterprises shall be located as follows: 14 15 16 17 18 19 20 a. Front setback: 35 Feet b. Rear Setback: 20 feet. c. Interior Side Setback: 20 feet d. Street Side Setback: 35 feet 21 7. Height: Maximum building height: 35 feet. Buildings may exceed 35 feet if one 22 foot of setback is provided from each property line for each foot the building 23 24 exceeds 35 feet. 25 26 27 28 29 30 31 32 8. Visual Impact: Activities and uses conducted in conjunction with the Agricultural Enterprise must be located in such a manner that visual impacts to adjoining properties that are used or zoned for residential uses are reduced or avoided. a. A Type III landscape Buffer ten feet in width shall be provided on-site in those areas between the buildings and the property line. b. Highly reflective building materials shall not be used on buildings. 9. Responsible Party. All components of the agricultural enterprise shall be operated or maintained by the property owner, lease holder, or occupant of the land upon which the primary associated agriculture, horticulture, or other use is being conducted. 33 34 35 36 37 38 39 40 41 42 43 44 10. Hours of operation. Business activities involving the employment of offsite workers; outside activities; the generation of any noise, light, dust, odor, glare, or vibration detectable outside the business structure; and traffic, including deliveries, shall only be conducted onsite between the hours of 7 a.m. and 10 p.m. or as may be specifically approved by a condition of approval of the Administrative or Conditional Use Permit. 45 46 11. Parking and outdoor storage. All parking and outdoor storage areas used exclusively for retail areas, within 50 feet from a property line shall be screened DRAFT CODE AMENDMENTS – PLANNING COMMISSION 5/3/11 Page 6 ORD.B DRAFT 1 2 3 4 5 from adjoining properties used or zoned for residential uses. If existing topography and natural vegetation does not provide an adequate visual barrier, additional screening may be required, to include installation of landscape materials, walls or fencing. 12. Lighting. No lighting shall be directed onto adjoining properties used or zoned for 6 residential uses and not exceed 0.5 foot candle when measured at the property line. Floodlights or other high-intensity lighting shall be prohibited, unless specifically approved as part of a special event or outdoor musical entertainment. 7 8 9 10 13. Refuse and Recycling. All refuse and recycling waste containers shall be within refuse enclosures located in the rear of the building and be completely screened from public view. All refuse enclosures shall be architecturally compatible with the primary building. 11 12 13 14 15 14. Special Events. Special Events or similar activities may be held, as follows. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 a. Up to 52 special events within a calendar year with the Administrative Use Permit. b. 52 or more special events within a calendar year shall require a Conditional Use Permit. c. Parking and Traffic Control - A parking and traffic control plan shall be prepared by a licensed traffic engineer and required for all Agricultural Enterprises conducting Special Events (as defined by ACC 18.04.827). The parking and traffic control plan shall be submitted for review as part of the Administrative Use Permit or Conditional Use Permit application and if satisfactory, must be approved by the Planning and Development Director and the Public Works Director prior to implementation. At a minimum, the parking and traffic control plan shall contain the following: a. A parking plan showing how adequate on- and off-site parking will be available to the land use, and that no substantial conflict will exist in the principal hours or periods of peak parking demands of any land uses and special events which are proposed to share the parking. b. A traffic control plan showing how traffic to and from the land use and special events location(s) will be handled and what temporary traffic control measures will be used to facilitate safe access to and from the locations. The traffic control plan must include a written description of the plan as well as a traffic control diagram showing traffic control devices, directions of travel, and the location and type of authorized personnel to direct traffic. c. A Contingency Plan for weather changes (relocation or rescheduling of events; alternative parking areas; method of notifying the public of changes) and for unanticipated increases in traffic or parking. d. Other elements as determined necessary by the Planning and Development Director and the City Engineer based on the specific events, setting, and location. DRAFT CODE AMENDMENTS – PLANNING COMMISSION 5/3/11 Page 7 ORD.B DRAFT 1 15. Wineries. All wineries with or without tasting rooms shall: 2 3 4 5 6 7 8 9 a. Have adequate driveway access to a public street meeting the requirements of a commercial driveway. b. Provide adequate on-site parking in the amount of 1 parking stall for every 500 square feet of gross floor area used specifically for the winery. c. Shall not exceed 5,000 square feet gross floor area with the tasting room not exceeding 50 percent of the production area. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16. Signs. The following standards apply to Agricultural Enterprise uses within the RC, Residential Conservancy Zone instead of ACC 18.56.040(A). The other provisions of ACC 18.56, Signs, apply. a. Freestanding Signs. i. Total number permitted: 1. Two per frontage on a parcel having at least 500 feet of frontage on a State Highway. 2. One per frontage on a Principal or Minor Arterial ii. Maximum height: 1. 30 feet on a State Highway. 2. 22 feet on a Principal or Minor Arterial iii. Maximum area: 1. 200 square feet, calculated at a rate of one square foot of sign area for every two lineal feet of frontage. The minimum entitlement for freestanding signs is 32 square feet for those sites without 64 feet of frontage. 26 iv. Multiple freestanding signs, if permitted, must be separated by 150 27 28 29 30 31 32 33 34 35 36 37 38 39 40 feet measured in a straight line distance. b. Wall Signs. i. Total number permitted: one sign per building frontage that fronts a public right of way. ii. Maximum area: 100 square feet per building frontage that fronts a public right of way, calculated at a rate of one square foot of sign area for every 1.5 lineal feet of building frontage. iii. Signs may be directly or indirectly illuminated. c. Changing message center signs are allowed as part of an Agricultural Enterprise and must comply with the sign regulations in ACC 18.56.030(F). 17. Additional permits and approvals. In addition to required land use permits, an Agricultural Enterprise may be required to obtain licenses and permits from other City and County Departments (e.g., business licenses from the City, food service or sales licenses from the County Department of Public Health, animal care licenses from the County Department of Public Health, etc.). 41 42 43 44 45 46 47 DRAFT CODE AMENDMENTS – PLANNING COMMISSION 5/3/11 Page 8 ORD.B DRAFT DRAFT CODE AMENDMENTS – PLANNING COMMISSION 5/3/11 Page 9 1 2 3 4 5 7 8 9 10 11 Chapter 18.56 SIGNS 18.56.030 General provisions, all districts (NEW & EXISTING SECTION). F. Changing Message Center Signs. Where permitted under this chapter, changing 6 message center signs shall comply with the following requirements; provided, that changing message center signs that only display time and temperature or similar public service information shall be exempt from these requirements. 1. Where Allowed. Changing message center signs shall only be allowed in the I, P-1, C-1, C-2, DUC, C-3, M-1, and M-2 zones. When part of an Agricultural 12 Enterprise, as defined by ACC 18.04.035, changing message center signs are 13 allowed in the RC zone. 14 15 ORD.B ORD.B ORD.B ORD.B ORD.B ORD.B ORD.B ORD.B ORD.B ORD.B ORD.B ORD.B ORD.B ORD.B ORD.B ORD.B ORD.B ORDINANCE NO 6363 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AMENbING TITLE 18 OF THE AUBURNCITY CODE BY CREATING NEViI SECTIONS 1804035 1804036 1804827 1804894 1804911 AND 1831210 AND AMENDING SECTIONS 1807020 AND 1856030 RELATING TO THE ESTABLISHMENT AND REGULATION OF AGRICULTURAL ENTERPRISES WHEREAS Burr Mosby of Mosby Brothers Farms Inc submitted a comprehensive plan policytezt amendment application and zoning text amendment application on June 1 2010 to provide for agricultural uses and limited retail uses thaf support agricultural uses in the RC Residential Conservancy Zone and WHEREAS pursuant to Aubum City Code 1868020 any resident or property owner of the city may petition the city to request an amendment to the text of Title 18 Zoning and WHEREAS changes to policy statements of the Comprehensive Plan consistent withthe application were approved by the City Council in December 2010 by Ordinance No 6334 and WHEREAS following public notice the City of Aubum Planning Commission held a public hearing on May 3 2011 on proposed zoning text amendments regarding the establishment and operation of Agricultural Enterprises and WHEREAS after fully considering the testimony and information presented at the public hearing on May 3 2011 the Planning Commission made Ordinance No 6363 May 18 2011 Page 1 of 23 ORD.B its recommendations for zoning text amendments to the City of Auburn City Council and WHEREAS the City Council has reviewed and considered the Planning Departments recommendations and WHEREAS environmental review on the proposal hasbeen completed in accordance with the requirements of the State Environmental Policy Act SEPA with a final Determination of NonSignificance DNS issued on September 20 2010 and WHEREAS the City Council finds that the proposal was received by State agencies for the 60day review period on March 24 2011 also in accordance with state law RCW 3670A106 NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON DO ORDAIN AS FOLLOWS Section 1 Amendment to Citv Code Chapter 1804 of the Aubum City Code is amended by adding new Sections 1804035 1804036 1804827 1804894 1804911 to read as follows 1804035 Agricultural entelprise Agricultural enterprise means a business enterprise which is engaged in or related to farming or agricultural production and other businesses and services supporting and promoting agriculture practices and the practice of locally and regionally grown foods The term shall includethe following A Agritourism means a business enterprise activity that includes operation of a working farm or any agricultural or horticultural operation that while not an exclusive function is open to the public on a seasonal basis for enjoyment recreation personal entertainment or education B Agricultural Entertainmenfi means any event or activity that allows for recreation entertainment education and touri sm associated with agricultural activities Ordinance No 6363 May 18 2011 Page 2 of23 ORD.B 1804036 Agricultural store Agricultural store means a retail food establishment housed in a permanent structue whose primary economic activity is the sale of local and regional agricultural products directly to consumers An Agricultural store may also include the sale of sundries prepackaged food bottled or canned beverages and freshly prepared food and beverages for consumption onsite 9804827 Special eVents Special events means incidental use of a facility which use is othervVise allowed or permitted in the zoning district as a venue for hire for social gatherings Special events do not include marketing or promotional events that are part of the normal operation of an agricultural enterprise or winery and directly related to products sourced from that operation 1804894 Tasting room Tasting room means an additional location separate from or on the same site as the productionmanufacturing site that allows customers to tasfe samples of wine beer or other alcoholic beverage and has a State of Washington issued liquor license to operate a tasting room In addition to sampling of alcoholic beverages a tasting room may include retail sales for offpremise consumption 1804911 Winery Winery means a facility licensed as a domestic winery under RCW 6604010 where fruit or othec ingredients are processed ie crushed fermented blended aged andor stored bottled and may include as incidental andor accessory to the principles use a tasting room food and beverage service places of publiGprivate assembly andor retail sales area Section 2 Amendment to Citv Code Chapter 1831 of the Auburn City Code is amended by adding new Section 1831210 to read as follows 1831210 Agricultural Enterprises Development Standards A Purpose The purpose of this Section is to regulate tFie establishment and operation of Agricultural Enterprises in order to maintain and preserve the lower density residential character integrity environmental protection and properfy values of the Residential Conservancy RC zone in which they are located and the surrounding areas B Applicability The permit requirements and standards provided in this section apply to Agricultural Enterprises where allowed in compliance with Chapfer 1807 Residential Zones and meeting the definition of Agricultural Enterprises as provided in ACC 1804035 The development sfandards ofi the RC zone shall apply unless a different standard is set forth in the supplemental development standards in subsection 1831210D C Permit Required Ordinance No6363 May 18 2011 Page 3 of 23 ORD.B An Administrative Use Pennit is required when 50 percent or more of thetotal site area is dedicated to active agricultural production during the growing season and with 52 or less Special Events per calendar year A Conditional Use Permit is required when less than 50 percent of the total site area is dedicated to active agricultural production during the growing season or if the applicant intends to hold more than 52 Special Events per calendar year D Uses The following uses may be permitted as part of an Agricultural Enterprise under a unified management or ownership 1 Agricultural Crops and open field growing 2 Agricultural Store 3 Bams Silos and related structures 4 Caretaker quarters not rnore than one per Agricultural Enterprise 5 Catering Facilities 6 Delicatessens restaurants or sandwich shops limifed to a seating area of 25 seats 7 DriveThrough Espresso andor Non Alcoholic BeVerage Stands Free standing 8 Education facilities providing courses related to agricultural production andor processing or promotion of locally and regionally grown food 9 Farm stands for the sale of agricultural products raised on the premises in addition to agricultural productsthat are raised off site 10 Greenhouses 11 Keeping of livestock or fowl and rabbits or similar sized animals provided that an appropriate strucfure or enclosure is provided 12 Museum and cultural facilities 13 Outdoor Musical Entertainment when it meets all requirements for the business licensing of ACC 520200 14 Small Scale Food Processing or packaging of agricultural products 15 Special Events Special events include but are not limited to the following activities where attendance exceeds 200 persons or more a Weddings b Meetings c Receptions d Reunions e Tasting events for food or beverage fl Private Parties g Concerts held within an enclosed building h Retreats i Other comparable events 16 Tasting room 17 Tourist and Visitor Services 18 Winery and 19 The Planning Director may authorize uses under this definition other than those which are listed if the Planning Director determines the use is consistent with the intent of the zone and is of the same general character of the uses permitted within the zone Further guidance on administrative interpretations ofi land uses can be found in ACC 1802120 E Development Standards Ordinance No 6363 May 18 2011 Page 4 of 23 ORD.B 1 Minimum Area The minimum area devoted to an Agricultural Enterprise business shall be a single parcel with a minimum of 10 acres in total site area within the Residential Conservancy RC zone Environmentally Critical Areas are not courrted toward total site area when determining whether an Administrative or Conditional Use Permit is required 2 Location The proposed Agricultural Enterprise business shall have direct access onto a Minor Arterial or higher classifcation streef 3 Maximum Building Size Nonresidential buildings excludinggreenhouses shall not exceed 5000 square feet in gross floor area 4 Lot Coverage The combination of all buildings to include greenhouses on a single site used in conjunction with the Agricultural Enterprise business shall not excsed 15 percenf of the totalsite area 5 Maximum ImperviousArea The maximum impervious area shall not exceed 25 percent 6 Sefbacks Stnactures for Agricultural Enterprises shall be located as follows a Front setback 35 feet b Rear Setback 20 feet c Interior Side Setback 20 feet d Street Side Setback 35 feet 7 Height Maximum building height 35 feet Buildings may exceed 35 feet if one additional foot of setback is provided from each property line for each foot the building exceeds 35 feet 8 Visual Impact ActiVities and uses conducted in conjunction with the Agricultural Enterprise must be located in such a manner that minimizes visual impacts to adjoining properties that are used or zoned for residential uses In addition a A Type I I I landscape Buffer ten feet in width shall be provided onsite in those areas befinreen the buildings and the property line b Highly reflective building materials shall notbe used on buildings 9 Responsible Party All components ofi the agricultural enterprise shalF be operated or maintained by the property owner lease holder or occuparrt of the land upon which the primary associated agriculture horticulture or other use is being conducted 10 Hours of operation Agricultural enterprise activities involving the employment of workers outside activities the generation of any noise light dust odor glare or vibration detectableoutside the business structure or trafFc including deliveries shall only be conducted onsite between the hours of 7 am and 10 pm or as may be specifically approvedby a condition of approval of the Adminisfrative or Conditional Use Permit 11 Parking and outdoor storage All parking and outdoor storage areas used exclusively for retail areas within 50 feet from a property line shall be screened ftom adjoining properties used or zoned for residential uses If existing topography and natural vegetation does not provide an adequate visual barrier additional screening may be required to includeinstallation of landscape materials walls or fencing 12 Lighting No lighting shall be dicected onto adjoining properties used or zoned for residential uses and no lighting shall exceed 05 foot candle when measured at the property lines Floodlights or other highintensity lighting Ordinance No 6363 May 18 2011 Page 5 of 23 ORD.B shall be prohibited unless specificallyapproved as part of a special event or outdoor musical errtertainment 13 Refuse and Recycling All refuse and recycling waste containers shall be within refuse enclosures located in the rear of the building and be completely screened from public view All refuse enclosures shall be architecturally compatible with the building it serves 14 Special Events Special Events or similar activities may be held as follows a Up to 52 special events within a calendar year with the Administrative Use Permit b 52 or more special events within a calendar year shall require a Conditional Use Permit c Parking and Traffic Control A parking and traffic control plan shall be prepared by a licensed traffic engineer and required for all Agricultural Enterprises conducting Special Events as defined by ACC 1804827 The parking and traffic control plan shall be submitted for review as part of the Administrative Use Permit or Conditional Use Permit application and if satisfactory must be approved by the Planning and Development Director and City Engineer prior to implementation At a minimum the parking and traffic control plan shall contain the following i A parking plan showing how adequate on and offsite parking will be available to the site and that no substantial conflicf will exist during the principal hours or periods of peak parking demands for any land use or special event which is proposed to share the parking ii A traffic control plan showing how traffic to and from the land use and special events locations will be handled and what temporary trafFc confrol measures will be used to facilitate safe access to and from the locations The traffic corrtrol plan must include a written description of the plan as well as a traffic control diagram showing traffic control devices dicections of travel and the location and type of authorized personnel to direct traffic iii A Contingency Plan for weather changes relocation or rescheduling of events altemative parking areas method of notifying the public of changes and for unanticipated increases in traffic or parking iv Other elements as determined necessary by the Planning and Development Director and the City Engineer based on the specific events setting and location 15 Wineries All wineries with or without tasting rooms shall a Have adequate driveway access to a public street meeting the requirements of a commercial driveway b Provide adequate onsite parking in the amount of 1 parking stall for every 500 square feet of gross floor area c Shall not exceed 5000 square feet gross floor area withthe tasting room not exceeding 50 percent of the production area 16 Signs Notwithstanding the provisions of ACC 1856040A the following sfandards apply to signs for Agricultural Enterprise uses within the RC Ordinance No 6363 May 18 2011 Page 6 of 23 ORD.B Residential Conservancy Zone If not specified in this Section the other provisions of ACC 1856 Signs apply a Freestanding Signs i Total number permitted 1 Two per frontage on a parcel having at least 500 feet of frontage on a State Highway 2 One per frontage on a Principal or Minor Arterial ii Maximum height 1 30 feet on a State Highway 2 22 feet on a Principal or Minor Arterial iii Maximum area 1 200 square feet calculated at a rate of one square foot of sign area for every two lineal feetof frontage The minimum entitlement for freestanding signs is 32 square feet for those sites less than 64 feet of frontage iv Multiple freestanding signs if permitted must be separated by at least 150 feet measured in a straight line distance b Wall Signs i Total number pecmitted one sign per building frontage that fronts a publicright of way ii Maximum area 100 square feet per building frontage that frorrts a public right of way calculated at a rate of one square foof ofi sign area for every one linear foot of building frontage iii Signs may be directly or indirectly illuminated c Changing message center signs are allowed as part of an Agricultural Enterprise if the sign complies with the sign regulations in ACC 1856030F 17 Additional permits and approvals In addition to required land use permits an Agricultural Enterprise may be required to obtain licenses and peRnits from other City and Counfy Departments eg business licenses from the City food service or sales licenses from the County Department of Public Health animal care licenses from the County Department of Public Health etc Section 3 Amendrnent to Citv Code Section 1807020 of the Aubum City Code is amended to read as follows 1807020 Uses Table 1807020 Permitted Use Table Resldential Zonin Desl nations P Permitfed A Adminisfrative C Conditional Use X Not Permitted Land Uses Zoning Designations R R R R R R R C 1 5 7 1016 20 A Residential Uses Ordinance No 6363 May 18 2011 Page 7 of 23 ORD.B P Permitted A Administrative C Condfional Use X Not Permitted Land Uses Zoning Designations R RR R R R R C 1 57 1016 20 Accessory dwelling units P PP P XX X Accessory use residential P PP PPPP Adult family home PP P PP PP Bed and breakfast PPPP PPP Boardinghouses with three or more boarders X X XX C C C Duplexes provided that minimum lot size of zoning designation is met and subject to compliance with Chapter 1825 ACC Infill ResidentialX X A PP P X Development Standards Foster care homes P PPP P PP Group residence facilities 7 or more residents X X X X CCC Group residence facilities 6 or fewer residents PP PPP P P Keeping household pets P2 p p p pp P Multiplefamily dwellings X X X X A P P Neighborhood recreational buildings and facilities owned and managed by A A A A A PP the neighborhood homeowners association Renting of rooms for lodging purposes only to accommodate not more P PPP P P P than two persons in addition to the immediate family Residential care facilities including but not limited to assisted living P P X X A PP facilities convalescent homes continuing care retirement facilities Singlefamily detached dwellings new P PPPPP X Supportive housing subject to the provisions of ACC 1831160 X X X X X P P Swimming pools tennis courts and similaroutdoor recreation uses only P PP P P P P accessory fo residential or park uses Townhouses attached XXXX P P P B Commercial Uses Commeroial horse riding and bridle trails A XX X XXX Ordinance No 6363 May 18 2011 Page 8of 23 ORD.B P Permitted A Administrative C Conditional Use X Not Permitted Land Uses Zoning Designations R R RR R RR C 1 5 7 1016 20 Commercial retail included as part of mixeduse development and not a X X XX A A A home occupation in compliance with Chapter 1860ACC Daycare limited to a mini daycare cerrter Daycare center preschool or X A A A AAA nursery school may also be permitted buf must be located onan arterial Homebased daycare as regulated by RCW 3563185 and through receipt P P P PPP P of approved city businesslicense Home occupations subject to compliance with Chapter 1860 ACC P P PPPP P Mixeduse development X X X X P P P Nursing homes X X X X CC C Private country Gubs and golf courses exGuding driving ranges X X CCC XX Privately owned and operated parks and ptaygrounds and not X AA A A P P homeowners associationowned recreational area Professional offices included as part of mixeduse development and not a X X X X A A A home occupation in compliance withChapter 1860 ACC C Resource Uses Aaricultural Enterprise 8 When 50 percent or more of the total site area is dedicated to active aaricultural Production durinc the growing season and with 52 or less Ag X X X XX X special events aer calendar year When less than 50 oercent of the total site area is dedicated to active adricultural oroduction durina the growing seasonor with more than 52 C8 X X X X X X special events ner calendar year Agricultural type uses are permitted providedthey are incidental and secondary to the singlefamily use Agricultural crops and open field growing commerciaq P X X X XX X Bams silos and related structures P X X X XXX Commercial greenhouses P X X X X X X Ordinance No 6363 May 18 2011 Page 9 of 23 ORD.B P Permitted A Administrative C Conditional Use X Not Permitted Land Uses Zoning Designations RRR RR R R C 1 5 7 1016 20 Keeping of livestock exGuding goats and swine fowl and rabbits provided that there shall not be more than one horse cow donkey or other large animal or four small animals such as sheep or 12 poultry PP X X XX X rabbits or similar size animals per each acre of enclosed usable pasture or roaming area This acreage requirement is in addition to the minimum lotsize requirements of the zone6 Pasturing and grazing P XX X X X X Public and private stables P XXX XX X Roadside stands for the sale of agricultural products raised on the premises The stand cannot exceed 300 square feet in area and must P XX XX X X meet the applicable setback requirements Fish hatcheries C X X XX X X D Govemment Institutional and Utility Uses Civic socialand fratemal clubs X XXX AA A Govemment facilities AA A A A A A Hospitals except animal hospitals XX X X X C C Municipalparks and playgrounds A PP P P PP Museums X X X X A A A Religious institutions less than one acre lot size AA A A A A A Religious institutions one acre or larger lot size C C C C CC C Transmitting towers C CC C C C C Type 1D Wireless Communicafion Facility see ACC 1804912J P P P P PPP Utility facilities and substations C CB CC CC C 1 An accessory dwelling unit may be permitted with an existing singlefamily residence pursuant to ACC 1831120 2 No more than six pets allowed in the RC zone This limit shall not include birds fish or suckling young of pets 3 No more than four pets allowed in the R1 R20 zones This limit shall not inGude birds fish or suckling young of pets Ordinance No 6363 May 18 2011 Page 10 of 23 ORD.B 4 Individual uses that make up a mixeduse developmerrt must be permitted within the zone if a use making up part of a mixeduse development requires an administrative or conditional use permit the individual use musf appty for and receive the administrative or conditional use approval as applicable 5 Proximity of pasture or livestock roaming area to wells surface wafers and aquifer recharge zones is regulatedby the King or Pierce County board of health and property owners shall comply with the provisions of the King County board of health code 6 ExGudes all public and private utilify facilities addressed under ACC 1802040E 7 Administrative use permit no required when approved as part of a subdivision or binding site plan 8 Aqricultural Enterprise uses are subject to suoplemental development standards underACC 1831210 Agricultural Enterprises Develooment Standards Ord 6269 3 2009 Ord 6245 5 2009 Section 4 Amendment toCitv Code That fromthe effective date of this Ordinance through March 15 2012 Section 1856030 of the Aubum City Code be and the same hereby is amended to read as follows 1856030 General provisions all districts A Community Signs The planning building and community director may approve and permit to be erected entrance signs at or near thecity limits on city public rightof way or on privately owned parcels with the owners permission on which may be listed institutional names service clubs or organizations or points of irrterest or similar public information Rightofway use permits may be required for signs locafed in the public rightofway except as permitted byACC 1856030B1 ACC 185603062 ACC 18560301 or ACC 1856030J B Temporary Signs 1 Until March 16 2012 special event signage may be allowed in the RO ROH CN C1 G2 C3 DUC BP LF M1 M2 EP and the nonresidential used properties in the Terrace View Disfrict and the PUDLakeland Hills South subject to obtainment of temporary sign permit authorization from the City and compliance with the following as applicable a The area of any single sign shall not exceed 30 square feet b Special event signs as authorized herein shall not have the following i Illumination of any kind ii Strobing or blinking or flashing lights iii Electrical animation iv Changeable reader copy electronic or manual i c Special event signage shall not exceed the maximum height limitations of the underlying zoning district d Special event signs may have spinning elements attached to them including but not limited to flags or pennants or balloons or windsocks attached to them provided that they do not at any time constitute a traffic safety or pedesfrian safety hazard e Balloons and windsock special event signage shall not be authorized to be placed in the public rightsofway or onsite landscape area or offsite on another private parcel of land that does not contain the business or senrice being advertised f Flag and pennant special event signage may be authorized to be placed in the public rightsofway provided that placement in the public rightsofway does not Ordinance No 6363 May 18 2011 Page 11 of 23 ORD.B constitute a fraffic safety or pedestrian safety hazard and does not create non conformance to the American with Disabilities Act J g Flag and pennant special event signage may be authorized to be placed in on site landscape area and offsite on another privateparcel of land that does not contain the business or service being adyertised provided that placement in onsite landscape areas does not impede sight distance and that offsite placement on another property has received prior property owner authorization 2 Unfil September 16 2010 bannersmay be allowed in the RO ROH CN G1 C 2 C3 DUC BP LF M1 M2 EP and the nonresidential used properties in the Terace View District and the PUDLakeland Hills South subject to obtainment of femporary sign permit authorization from the City and compliance with the following a The area of any single banner used by a single business on a site shall not exceed 32 square feet provided that banners crossingroadways as approved by the City shall not exceed 120 square feet c For multitenarrt buildings andor multibusiness complexes each business shall be authorized to have a banner provided that the size of each banner shall be limited to maximum of 32 square feet provided that banners crossingroadways as approved by the City shall not exceed 120 square feet d Banners as authorized herein shall not have the following i Illumination of any kind ii Strobing or blinking or flashing lights iii Electricalanimation iv Changeable reader copy electronic or manual e Banner signage shall not exceed the maximum height limitations of the underlying zoning district f Banners may have spinning elements attached to them including but not limited to flags or pennants or balloons or windsocks attached to them provided that they do not at any time constitute a traffic safety or pedestriansafety hazard g Banners may be authorized to be placed in the public rightsofway provided that placement in the public rightsofway does not constitute a traffc safety or pedestrian safety hazard or does not create nonconformance to fhe American with Disabilities Act h Banners may be authorized to be placed in onsite landscape area and offsite on another private parcel of land that does not contain the business or service being advertised provided that placement in onsite landscape areas does not impede sight disfance and that offsite placement on another property has received prior property owner authorization C Civic Events Street banners may be permitted subject to approval and installation in accordance with rules and procedures established by he city of Auburn public works department D Sign Lighting Provisions 1 All lighting shall be arranged to reflect away from any residential zone No person shall construct establish create or maintain any stationary exterior lighting or illumination system or any interior system which is intended to be viewed from a street highway or other public thoroughfare used for vehicular traffic which system contains or utilizes a Any exposed incandescent lamp with wattage in excess of 25 watts b Any exposed incandescent lamp with a metallic reflector c Any exposed incandescent lamp with an exterimal reflector d Any revolving beacon light Ordinance No 6363 May 18 2011 Page 12 of 23 ORD.B e Any continuous or sequential flashing operationexcept as aliowed for changing message center signs in subsection F of this section 2 The provisions ofsubsection 131 of this section shall not apply to a Lighting systems owned or confrolled by any public agency for the purpose of directing or controlling navigation traffic or highway or street illumination b Aircraft waming lights E Construction Provisions Sight Distance Exposed Angle Iron and Wire 1 Each sign shall be adequately constructed in accordance with the requirements of the Intemational Building Codes as amended 2 Signs containing electrical circuitry shall meet the requirements of the National Electrical Code and aU statelaws and shall include an approved testing lab sticker 3 Signs must meet vehicularsight distance requirements established by the city engineer pursuant to the City ofAubum Engineering Design Sfandards 4 When a projecting sign is used no angle irons guy wires or braces shall be visible except those that are an integral part of the overall design such as decorative metals or woods or unless they are required for safety F Changing Message Cenfer Signs Where permitted under this chapter changing message center signs shall comply with the following requirements provided that changing message center signs ttiat only display time and temperature or similar public service information shall be exempt from these requirements 1 Where Allowed Changing message center signs shall only be allowed in the I P 1 C1 G2 DUC G3 M1 and M2 zones When part of an Aaricultural Entemrise as defined bvACC 1804035 chanqina messaae center siqns are allowed in the RC zone a In the I and G1 zones changing message center signs shall only be allowed on frontages along a collector minor or principal arterial street b In the I zone no changing message center sign shall operate between the hours of 1000 pm and 600 am c In the DUC zone changing message cerrter signs shall only be allowedwhen located adjacent and orienfed to Au6um VNay NorthAubum Way South street frontages For other sign standards for the DUC zone see ACC 1829060I 2 Number No more than one changing message center sign per street frontage shall be permitted on each properfy 3 Sign Face Area Except in the Iand P1 zones the changing message center shall not constitute more than 75 percent of a signs total sign face area 4 Display a The display of the sign shall not change more rapidly than once every one and onehalf seconds b No scrolling message shall require more thanfive seconds to be displayed in its entirety 5 Light Levels a Changing message center signs shall have installed ambient light monitors and shall at all times allow such monitors to automatically adjust the brightness level ofhe sign based on ambierrt light conditions b At no time shall a changing message center sign be operated at a brightness level greater than the manufacturers recommended levels c All lighting shall be arranged to reflect away from any residential zone The director shall have the authority to require a sign permit application include information to ensure theintent ofthis requirementis met Ordinance No 6363 May 18 2011 Page 13 of 23 ORD.B r d The brightness level shall not exceed 8000 nits when measured from the signs face at its maximum brightness during daylight hours and 500 nits wfien measured from the signs face at its maximum brightness between dusk and dawn 6 OnPremises Advertising Only Changing message center signs shall only advertise onpremises products and seryices or display public service messages or messages on behalf of notforprofit organizations 7 Additional Requirements A copy of the manufacturers operating manual shall be provided to the city upon request 8 Amortization All changing rnessage center signs that do not comply with the requirements of subsections 174 and 5 ofithis section shall be brought into compliance with those requirements by April 1 2009 G Change of Copy The holder of a permit for the duration thereof shall have the right to change the advertising copy on thestructure or sign for which the permit was issued without being required to pay any additional fees H Exemptions Unless otherwise specified or unless expressly prohibited it is not the intent ofthis chapter to regulate the following signs 1 The flag of a government or noncommercial institutions such as schools with the poles treated as structures 2 Official public notices official court notices 3 Incidental signs see ACC 18560200 Definitions 4 Signs not visible from public rightofway 5 Lettering or symbols painted directly onto or flushmounted magnetically onto an operable vehicle 6 Painting repainting cleaning repairing and other normal maintenance unless structural or electrical changes are made 7 Religioussymbols not attached to a permitted sign 8 Memorial signs or fablets names of buildings dates of erection and the like which are incorporated into the building material and facade 9 Signs required by law traffc or pedestrian control signs signs indicating scenic or hisforic points of interesf which are erected by or on the order of a public officer in the performance of his or her public duty 10 Sculptures fountains mosaics and design features which do not incorporate advertising or identifcation 11 Temporary signs limited exclusively to noncommercial speech 1 Until Sepfember 16 2010 portable signs shall be allowed in the RO ROH CN C1 C3 BP LF M1 M2 EP and the nonresidential used properties in the Terrace View Disfrict and the PUDLakeland Hills outh subject to obtainment oftemporary sign permit authorization from the City and compliance with the following as applicable 1 For singletenant buildings andor sites one portable sign shall be allowed per building or property frontage as applicable 2 Each business in a multitena nt building andor multibuilding complex shall be limited to a maximum of one 1 portable sign 3 For multitenant buildings andot multibuilding complexes that propose to place one or more portable signs within the onsite landscaped area at the intersection of two public or private streets or at adriveway intersection with a public or private street compliance to the Citys minimum sight distance requirements shall be maintained at all times 4 For multitenant buildings andor multibuilding complexes that propose to place one or more portablesigns along the property streetfrontage of a public or privafe Ordinance No 6363 May 18 2011 Page 14 of 23 ORD.B sfreet thefotal number of allowable portable signsalong said ftontage shall be limited as follows to reduce the visual and aesthetic impact to the City a 025 lineal feet of public or private street frontage 1 portable sign every 3 lineal feet of street frontage up to a maximum ofthree 3 signs at any given time b 2650 lineal feet of public or private street frontage 1 portable sign every 3 lineal feet of street frontage up to a maximum of four 4 signs at any given time c 5175 lineal feet of public or private street frontage 1 portable sign every 3 lineal feet of street frontage up to maximum of five 5 signs at any given time d 76100 lineal feet of public or private street frontage 1 portable sign every 3 lineal feet of street frontage up to a maximum of six 6 signs at any given time e 100125 lineal feet of public or private street frontage 1 portablesign every 3 lineal feet of street frontage up to a maximum of seven 7 signs at any given time f 126150 lineal feet of public or private street frontage 1 portable sign every 3 lineal feet of street frontage up to a maximum of eight 8 signs at any given time g 151175 lineal feetof public or private street frontage 1 portablesign every 3 lineal feet of street frontage up fo a maximum of nine 9 signs at any given time h 176 lineal feet and greater of public or private street frontage 1 portable sign every 3 lineal feet of street frontage up to a maximum of ten 10 signs at any given time i The Planning Director shall have the discretionaryauthority to authorize additional portable signs along a public or private street frorrtage when in his or her determination such allowance will not substantively impact the visual andor aesthetic impact to the City and such allowance is warranted by physical site conditions or economic or business considerations or other factors as deemed reasonable by the Planning Director 5 Portable signs shall not be located in one or more existing parking spaces on a development site 6 Portable signs as authorized herein shall not have the following a Illumination of any kind b Sfrobing or blinking or flashing lights c Electrical animation d Changeable reader copy electronic or manual 7 Portable signs may have spinning elements including but not limited to flags or pennants or balloons or windsocks attached to them provided that they do not at any time constitute a traffic safety or pedestrian safety hazard 8 Portable signs advertising a business or service not located on the same site shall be allowed to be located offsite from the business or seryice being advertised provided that prior property owner authorization has been obtained by said business operator or service provider 9 Each portable sign shall have a maximum total sign size of 36 inches in height and 30 inches in width and be limited to two faces 10 Portable signs shall be allowed in the public rightofway provided that any and all signs are not placed within vehicle travel lanes or improvedunimproved vehicle shoulder areas or bicycle lanes are not placed in frorrt of orblock access to marked bus transit stops do not interFere with or impede pedestrian traffic or crossings and do not create nonconformance to fhe American with Disabilities Act J Until September 16 2010 offpremises directional signs shall be allowed in the RO ROH CN C1 C2 C3 DUC BP LF M1 M2 EP and the nonresidential used properties in the Terrace Vew District and the PUDLakeland Hills South subject to Ordinance No 6363 May 18 2011 Page 15 of 23 ORD.B abtainment of temporary sign permit authorization ftom the City and compliance with the following as applicable 1 Offpremise directional signs as authorized herein shall not have the following a Illumination of any kind b Strobing or blinking or flashing lights c Electrical animation d Changeable reader copy electronic or manual 2 Off premise directional signs may have spinning elements including but not limited to flags or pennants or balloons or windsocks attached to them provided that they do not at any time constitute a traffic safety or pedestrian safefy hazard 3 Offpremises directional signs may be authorized to be placed in the public rightsofway provided that placement in the public rightsofway does not constitute a traffic safety or pedestrian safety hazard and does not creafe nonconfonnance to the American with Disabilities Act 4 Offpremises directional signs may be authorized to be placed in onsite landscape area or offsite on another private parcel of land thaf does not contain the business or service being advertised provided that placement in onsite landscape areas does not impede sight distance and that offsite placement on another property has received prior property owner authorization 5 Offpremises directional signs shall not be located in one or more existing parking spaces on a development site 6 Offpremises directional signs shall have a maximum sign face area of 12 inches by 24 inches and a total height of 42 inches inclusive of any wood metal plastic or other support and a maximum of fwo 2 sign faces K Prohibited Signs From and aiterthe effective date of theordinance codified in this chapter it shall be unlawful for any person to erecf or place within the city except as otherwise authorized 1 A swinging projecting sign 2 Portable signs except as permitted by ACC 1856025 Real estate signs ACC 1856040E C2 District and ACC 18560301 subsections 1 through 10 3 Banners pennants ribbons streamers spinners rotating or blinking lights strings of lights or similar devices except as permitted by subsection B of this section Temporary Signs 4 Flashing signs except as peRnitted in subsection D of this section Sign Lighting Provisions 5 Changing message center signs except as allowed in the I P1 C1 C2 C3 M1 and M2 zones 6 Signs attached to or placed on a vehicle or trailer parked on private or public propertythat is not associated with the business advertised on said signs This provision is not to be construed as prohibiting the identifcation of a firm or its principal products on a vehicle used in the nofrmal course of business This does not include automobile for sale signs or signs attached tofranchised buses or taxis 7 Private signs placed in or on a public rightofway except for as expressly permitted by this chapter 8 Any sign which constitutes a traffic hazard or defriment to traffic safety by reason of its size location movement coloring or method of illumination or by obstructing the vision of drivers or detracting from the visibility of any official traffic control device by diverting or tending to divert tFie attention of drivers ofi moving vehicles from traffic movement on streets roads intersections or access facilities No sign shall be erected Ordinance No 6363 May 18 2011 Page 16 of 23 ORD.B so that it obstructs the vision of pedestrians by glare or method of illumination or constitutes a hazard to traffic No sign may use words phrases symbols or characters in such a manner as to interfere with mislead or confuse traffic 9 Any sign or advertising structure or supporting structure that is tom damaged defaced or destroyed 10 Signs attached to poles insfalled by govemmental agencies utility poles trees rocks or other natural features 11 Signs attached to benches garbage cans or other street fumiture located within the public rightofway 12 Rotating signs 13 Billboards 14 Any sign which does not structurally or materially conform to the requirements of the citys adopted Intemational Building Code L Nonconforming Signs Permanent signs established legally prior to the adoption of theordinance codfied in this chapter that do not conform to the regulations of this chapter with regard to number size height or locationshall be allowed to remain as legal nonconforming signs except as follows 1 Whenever a new building replaces the principal building 2 When there is an expansion of an existing building the requirements of this section shall apply only if there is an increase in floor area of 25 percent or more including the cumulative increase of previous expansions after the effective date of the ordinance amending this section 3 Whenever a nonconforming use is replaced by a conforming use the requirements of this section shall apply in full to the new use if and only if there is a change in required signage due to the zoning district 4 Any sign including the sign structure now or hereafter existing which no longer advertises a bona fide business conducted or a product sold Such signs shall be taken down and removed by the owner agent or person having the beneficial use of the land building or structure upon which such sign may be found within 90 days after written notification from the building official M Master Sign Plans Authorized The planning building and community director has the authority to require a mastersign plan to ensure a consistent and coordinated signage scheme for development proposals In approving master sign plans under the provisions of this subsection the director has the authority to approve signage schemes that allow for signs greater in area and height than allowed in the particular zone in which the development is located when a coordinated signage scheme is used Master signage plans shall be recorded N Maintenance and Safety All permanent temporary and portable signs and components thereof must be maintained in good repair and in a safe neat clean and attractive condition Failure to maintain a signs in accorclance with this subsection shall be subject to the code compliance provisions of the Aubum City Code Ord 6263 5 2009 Ord 6166 2 2008 Ord 5993 1 2006 Ord 5342 2 2000 Ord 4705 2 1994 Ord 4229 2 1987 Ordinance No 6363 May 18 2011 Page 17 of 23 ORD.B Section 5 Amendment to Citv Code That effective March 16 2012 Section 1856030 of the Aubum City Codebe and the same hereby is amended to read as follows 1856030 General provisions all districts A Community Signs The planning building and community director may approve and permit to be erected entrance signs at or near the cify limits on city public right ofway or on privately owned parcels with the owners permission on which may be listed institutional names service clubs or organizations or points of interest or similar public information Rightofway use permits may be required for signs located in the public rightofway B Temporary Signs 1 Special event signage may be allowed subjectto the following a Use of such signage is limited to 10 days per display not to exceed 10 days in any 90 day period b The area of anysingle sign shall not exceed 30 square feet 2 Banners may be allowed subject to the following a No more than two such signs may be used per site at any given time b Use of such signs is limited to 90 consecutive days and may not exceed 90 days in any 120day period c The area of any single banner used by a single business on a site shall not exceed 32 square feet 3 Signs which are placed upon or within a window and which are intended to be viewed from the rightofway shall not exceed 50 percent of the window area 4 Permits are not required except that signs exceeding the allowable size and time duration must receive a permit issued by the planning building and community director if special circumstances exist that wamant the additional signage C Civic Events Street banners may be permitted subject to approval and installation in accordance with rules and procedures established by the city of Aubum public works department D Sign Lighting Provisions 1 All lighting shall be arranged to reflect away from any residential zone No person shall construct establish create or maintain any stationary exterior lighting or illumination system or any interior system which is intended to be viewed from a street highway or other public thoroughfare used for vehicular fraffic which system contains or utilizes a Any exposed incandescent lamp with wattage in excess of 25 watts b Anyexposed incandescent lamp with a metallic reflector c Any exposed incandescent lamp with an extemal reflector d Any revolving beacon light e Any continuous or sequential flashing operation except as allowed for changing message center signs in subsection F of this section 2 The provisions of subsection D1 of this sectionshall not apply to a Lighting systems owned or controlled by any public agency for the purpose of directing or confrolling navigation traffic or highway or street illumination b Aircraft warning lights Ordinance No 6363 May 18 2011 page 18 of 23 ORD.B E Construction Provisions Sight Distance Exposed Angle Iron and Wire 1 Each sign shall be adequately constructed in accordance with the requirements of the International Building Codes as amended 2 Signs containing electrical circuifry shall meet the requirements ofthe National Electrical Code and all state laws and shall include an approvedtesting lab sticker 3 Signs must meet vehicular sight distance requirements established by the city engineer pursuant to the Cify ofiAuburn Engineering Design Standards 4 When a projecting sign is used no angle irons guy wires or bracesshall be visible except those that are an infegral part of the overall design such as decorative metals or woods or unless they are required for safety F Changing Message Center Signs Where permitted underthis chapter changing message center signs shall comply with the following requirements provided that changing message center signs that only display time and temperature or similarpublic serVice infotmation shall be exempt from these requirements 1 Where Allowed Changing message center signs shall only be allowed in the I P1 C1 G2 DUC C3 M1 and M2 zones When tiart of an Aqriculfural Enterqrise as defined bv ACC 1804035 chanainq messaQe center siqns are allowed in the RC zone a In the I and C1 zones changing message center signs shall only be allowed on frontages along a collector minor or principal arterial street b In the I zone no changing message center sign shall operate between the hours of 1000 pm and 600 am c In the DUC zone changing message center signs shall only be allowedwhen located adjacent and orienfed to Aubum Way NorthAubum Way South street frontages For other sign standards for the DUC zone see ACC 1829060I 2 Number No more than one changing message center sign per street frontage shall be permitted on each property 3 Sign Face Area Except in the I and P1 zones tfie changing message center shall not constitute more than 75 percent of a signs total sign face area 4 Display a The display of the sign shall not change more rapidly than once every one and onehalf seconds b Noscrolling message shall require more than five seconds to be displayed in its entirety 5 Light Levels a Changing message center signs shall have installed ambient light monitors and shall at all times allow such monitors to automatically adjust the brightness level of the sign based on ambient lighf conditions b At no ime shall a changing message center sign be operated at a brightness level greater than the manufacturers recommended levels c All lighting shall be arranged to reflect away from any residential zone The director shall have the authority to require a sign perrnft application include information to ensure the intent ofthis requirement is met d The brightness level shall not exceed 8000 nits when measured from the signs face at its maximum brighfness during daylight hours and 500 nits whenmeasured fromthe signs face at its maximum brightness between dusk and dawn 6 OnPremises Advertising Only Changing message center signs shall only advertise onpremises products and services or display public service messages or messages on behalf of notforprofit organizations Ordinance No 6363 May 18 2011 Page 19 of 23 ORD.B 7 Additional Requirements A copy of the manufacturers operating manuaf shall be provided to the city upon request 8 Amortization All changing message centersigns that do not comply with the requirements of subsections 174 and 5 of this section shall be brought into compliance with tliose requirements byApril 1 2009 G Change of Copy The holder of a permit for the duration thereof shall have the right to change the advertising copy on the structure or sign for which the permit was issued without being required to pay any additional fees H Exemptions Unless otherwise specified or unless expressly prohibited it is not the intent of this chapter to regulate the following signs 1 The flag of a government or noncommercial institutions such as schools with he poles treated as structures 2 Offcial public notices official court notices 3 Incidental signs see ACC 18560200 Definitions 4 Signs not visible from public rightofway 5 Lettering or symbols painted directly onto or flushmounted magnetically onto an operable vehicle 6 Painting repainting cleaning repairing and other normal maintenance unless structural or electrical changes are made 7 Religious symbols not attached to a permitted sign 8 Memorial signs or tablets names of buildings dates of erection and the like which are incorporated into the building material and facade 9 Signs required by law traffic or pedestrian control signs signs indicating scenic or historic points of interest which are erected by or on the order of a public officer in the performance of his or her public duty 10 Sculptures fountains mosaics and design features which do not incorporate advertising or idenfification 11 Temporary signs limited excfusively to noncommercial speech 1 Prohibited Signs From and after the effective date of the ordinance codified in this chapter it shall be unlawful for any person to erect or place within the city except as otherwise authorized 1 A swinging projecting sign 2 Portable signs except as permitted by ACC 1856025 Real estate signs and ACC 1856040E C2 District 1 3 Banners pennants ribbons streamers spinners rotating or blinking lights strings of lights or similar devices excepf as permitted by subsection B of this section Temporary Signs 4 Flashing signs except as permitted in subsection D of this section Sign Lighting Provisions 5 Changing message center signs except as allowed in the I P1 C1 G2 C3 M1 and M2 zones 6 Signs attached to or placed on a vehicle or trailer parked on private or public property that is not associated withthe business advertised on said signs This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle used in the normal course of business This does not include automobile for sale signs or signs attached to franchised buses or taxis 7 Priyate signs placed in ot on a public rightofway except for as expressly permitted by this chapter Ordinance No 6363 May 18 2011 Page 26 of 23 ORD.B 8 Any sign which constitutes a fraffic hazard or detriment to traffic safety by reason of its size location movement coloring or method of illumination or by obstructing thevision of drivers or detracting from the visibility of any official traffic control device by diverting or tending to divert the attention of drivers of moving vehicles from traffic movement on sfreets roads infersections or access facilities No sign shall be erected so that it obstructs the vision of pedestrians by glare or method of illumination or constitutes a hazard to traffic No sign may use words phrases symbols or characters in such a manner as to interfere with mislead or confuse traffic 9 Any sign or advertising structure or supporting structure that is torn damaged defaced or destroyed 10 Signs attached to poles installed by governmental agencies utility poles trees rocks or other natural features 11 Signs attached to benches garbage cans or other street fumiture located within the public rightofway 12 Rotating signs 13 Billboards 14 Any sign which does not structurally or materially conform to the requirements of the citys adopted International Building Code J Nonconforming Signs Permanent signs established legally priorto the adoption of the ordinance codified in this chapter that do not conform to the regulations of this chapter with regard to number size height or location shall be allowed to remain as legal nonconforming signs except as follows 1 Whenever a new building replaces the principal building 2 When there is an expansion of an existing building the requirements of this section shall apply only if there is an increase in floor area of 25 percent or more including the cumulative increase of previous expansions after the effective date of the ordinance amending this section 3 Whenever a nonconforming use is replaced by a conforming use the requiremenfs of this section shall apply in full to fhe new use if and only if there is a change in required signage due to the zoning district 4 Any sign including the sign strueture now or hereafter existing which no longer advertises a bona fide business conducted or a product sold Such signs shall be taken down and removed by the owner agent or person having the beneficial use of the land building or strucfure upon which such sign may be found within 90 days after written notification from the building official K Master Sign Plans Authorized The planning building and community director has the authorify to require a master sign plan to ensure a consistent and coordinated signage scheme for development proposals In approving master sign plans under the provisions of this subsection the director has the authority to approve signage schemes that allow for signs greater in area and heighf than allowed in the particular zone in which the development is located when a coordinated signage scheme is used Master signage plans shall be recorded L Maintenance and Safety All permanent temporary and portable signs and components thereof must be maintained in good repair and in a safe neat clean and attractive condition Failure to maintain a signs in accordance withthis subsection shall be subject to the code compliance provisions of the Aubum City Code Ord 6263 6 2009 Ord 6166 2 2008 Ord 5993 1 2006 Ord 5342 2 2000 Ord 4705 2 1994 Ord 4229 2 1987 Ordinance No 6363 May 18 2011 Page 21 of 23 ORD.B Section 6 Imalementation The Mayor is hereby authorized to implement such administrative procedures as may be necessary fo carry out the directions of this legislation Section 7 Severabilitv The provisions of this ordinance are declared to be separate and severable The invalidity of any clause sentence paragraph subdivision section or portion of this ordinance or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance or the validity of its application to otherpersonsor circumstances Section 8 EfFective date This ordinance shall take effect and be in force five days from and after its passage approval and publication as provided by law DATED and SIGNED this day of 2011 INTRODUCED PASSED APPROVED CITY OF AUBURN PETER B LEWIS MAYOR ATf EST Danielle E Daskam City Clerk Ordinance No 6363 May 18 2011 Page 22 of 23 ORD.B APP TO F M D iel B He City Attom Published Ordinance No 6363 May 18 2011 Page 23 ofi 23 r ORD.B AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4709 Date: May 17, 2011 Department: Police Attachments: Resolution Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4709. Background Summary: The cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila have joined together to form an administrative agency, known as the South Correctional Entity (SCORE), which is intended to handle the jail inmates and correction needs of the participating cities. Numerous cooperative endeavors have occurred which have allowed the parties to work jointly to establish SCORE and to implement procedures whereby it will operate as their facility for housing inmates. There are, however, additional agreements that the participating cities would want to enter into in connection with their joint ventures involving SCORE, including a process and an agreement regarding investigation of criminal or significant activities that occur or may occur at the facilities being built by SCORE on behalf of the participating cities. Proposed Resolution No. 4709 would authorize the Mayor or his designee to enter into and execute and agreement by and between the cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila for investigative assistance for those criminal acts of activities which would warrant investigation. O1.7.1 Reviewed by Council Committees: Finance, Municipal Services Councilmember:Peloza Staff:Lee Meeting Date:June 6, 2011 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A RESOLUTION NO 4709 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR OR DESIGNEE TO EXECUTE AN AGREEMENT BETWEEN THE CITIES OF AUBURN BURIEN DES MOINES FEDERAL WAY RENTON SEATAC AND TUKWILA REGARDING INVESTIGATIVE ASSISTANCE AT THE SCORE DETENTION FACILITY WHEREAS the cities of Auburn Burien Des Moines Federal Way Renton SeaTac and Tukwila created a governmental administrative agency known as the South Correctional Entity SCORE and WHEREAS the parties wish to enter into an agreement regarding the investigation of any criminal or signfficant activity that may occur at the new detention facility being built by SCORE J NOW THEREFORE THECITY COUNCIL OF THE CITY OF AUBURN KING COUNTY WASHINGTON HEREBYRESOLVES as follows Section 1 The Mayor of the City of Auburn or the Mayors Designee is hereby authorized to execute an agreement between the cities of Auburn Burien Des Moines Federal Way Rehton SeaTac and Tukwila for investigative assistance which agreement shall be in substantial conformity with agreement attached hereto as Exhibit A and incorporated herein by this reference Resolution No 4709 May 17 2011 Page 1 of 2 RES.A Section 2 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Section 3 This resolution shall be in full force and effect upon passage and signatures hereon Dated and signed this day of 2011 CITY OF AUBURN PETER B LEWIS MAYOR ATTEST Danielle E Daskam City Clerk APP ED TO FORM Daniel B Heid City Attorn Resolution No 4709 May 17 2011 Page 2 of 2 RES.A EXHIBIT A Investigative Assistance Agreement This Agreement is between the State of Washington cities of Auburn Bwien Des Moines Federal Way Renton SeaTac and Tukwila collectively Cities and each City which created a governmental admiriistrative agency pursuant to RCW 39340303 known as the South Correctional Entity SCORE effective on August 22 2011 RECITAL WHEREAS the Cities have worked closely in the past in all aspects of policing services and wish to continue such relationships with regazd to the new detention facility built by SCORE and the investigation of any criminal or significant activity that occurs at this facility and pursuant to the authority of the VNashington Mutual Aid Peace OfFcers Powers Act Chapter 1093 RCW Act and WHEREAS RCW 1093130 Contracting authority of law enforcement agencies provides Under the interiocal cooperation act chapter 3934 RCW any law enforcement agency referred to by this chapter may contract with any other such agency and may also contract with any law enforcement agency of another state or such states political subdivision to provide mutual law enfarcement assistance TERMS AND CONDTTIONS NOW THEREFORE in consideration of the above recitals which are incorporated by reference herein and other good and sufficient consideration the Cities agree as follows The SCORE Executive Director or designees and the Cities Chiefs of Police will cooperate and exercise their professional judgment in requesting and responding to SCORE requests for investigative assistance o SCORE will utilize Valley Communications to initiate any required first responder calis for service for those emergency calls that requiie a police or fire response Beyond emergency response at the discretion of the Executive Director SCORE will initiate requests to the Cities for investigative assistance with any investigations requiring the need for outside investigative assistance TheSCORE Executive Director and the Cities Chiefs of Police will use best efforts to disburse theburden of such requests among the Cities on an equitable basis and the Chiefs of Police will use their best efforts to affirmatively respond to such requests for assistance In the event that a City police department cannot respond to a mutual aid investigation request the SCORE Executive Director will seek the aid of one of the Cities or another outside law enforcement agency for an investigation At the sole discretion of the Executive Director in circumstances where an independent investigation ie without the participation of a City is needed the SCORE Executive Director will acquire the assistance of another outside law enforcement agency SCORE will be responsible for initiating contact with lioth the law enforcement agency and when appropriate with the Washington Cities Insurance Authority as the circumstances wanant SE51706 v 1 RES.A At the discretion of the SCORE Executive Director no requests will be made to the Cities police departments to 6ecome involved in matters that are more commonly handled through other investigative means such as labor employment issues or matters that are to be investigafed and handled within SCOREs internal administrative procedures Liability for investigative assistance will be subject to the provisions of the Act o A reguest for investigative assistance should contain the following elements Communication between SCORE and the Cities Definition of the event that has occurred StafFng requirements expected for the investigation Status as to either lead agency secondary agency or to act as an independent reviewer Estimated duration of the investigation Estimation of any afteraction events or functions that may occur Comprehensive written report of the event This Agreement may be executed in counterparts and to be effective on the date above specified Penny Bartley Director Bob Lee Chief of Police South Correctional Entity Auburn Police Departrnent Scott KimererChief of Police John OLeary Interim Chief of Police Burien Police Depaitment Des Moines Police Department 2 RES.A Brian Wilson Chief of Police Kevin Milsovich Chief of Police Federal Way Police Depardnent Renton Police Department James Graddon Chief of Police Dave Haynes Chief of Police SeaTac Police Department Tukwila Police Department r K120669240000121443 THW121443K22N3 3 RES.A AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4710 Date: May 31, 2011 Department: Administration Attachments: Resolution No. 4710 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4710. Background Summary: The preparation of an annual action plan is required by the U.S. Department of Housing and Urban Development (HUD) in order for the City to receive federal funds under the Community Development Block Grant (CDBG) program. The City operates under a Consolidated Plan that is currently in effect for 2010-2014. The Action Plan outlines proposed expenditures to implement the goals of the City's Consolidated Plan. It identifies federal and local funds expected to be available, indicates the activities on which they will be spent, and sets goals for the number and type of services expected to be provided. The City of Auburn anticipates approximately $250,000 of unused CDBG funds will be available for projects that are consistent with federal regulations and objectives and policies of the Auburn Consolidated Housing and Community Development Plan. Planned projects include improvements to Shaughnessy Park ($50K), downtown business façade improvement program ($25K) and acquisition of property to assist Auburn Youth Resources in developing a teen drop-in program ($175K). The process of a substantial amendment process is required by the U.S. Department of Housing and Urban Development (HUD) in order for the City to receive federal funds under the Community Development Block Grant-Recovery (CDBG-R) program. A public notice and a brief description about the amendment to the 2010 & 2011 Annual Action Plans were published in The Seattle Times and posted on the City's website. Though not required by HUD, Council will conduct a public hearing on the amendment in addition to the fifteen-day public comment period. On May 23, 2011, the Planning and Community Development Committee reviewed the preliminary draft of the amendment and recommended it be forwarded to Council for approval. The Finance committee is also scheduled to review and discuss the draft on June 6, 2011. O3.4.1.7 Reviewed by Council Committees: AUBURN * MORE THAN YOU IMAGINEDRES.B Finance, Planning And Community Development Other: Human Services Committee Councilmember:Norman Staff:Hursh Meeting Date:June 6, 2011 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B RESOLUTIOYV NO 4 710 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON APPROVING AMENDMENT TO THE 2010 AND 2011 ANNUAL ACTION PLAN UPDATES OF THE CONSOLIDATED PLAN WHEREAS the City of Auburn was designated as an entitlement community by the US Departmenf of Housing and Urban Development HUD for its Community Development Block Grant CDBG Program and WHEREAS the primary objective of the Consolidated Planand CDBG Program is the development of viable urban communities by providing decent housing and a suitable living environment and expanding economic opportunities principally for persons of low and moderatei n come and WHEREAS to reallocate funds from prior years projects which are not actiye a substantial amendment musfi be made to the Plan the City of Aubum must amend the 2010 and 2011 Annual Action Plans for its Gonsolidated Plan that serves as a federally required planning document to guide the City of Auburns human service and community development efforts and WHEREAS the planning process to develop the Consolidated Plan involVed citizen participation and guidance from nonprofit and governmental agencies serVing low income residents in the community and WHEREAS the City Council of the City of Aubum heard and considered public comment about its proposed use of Community Development Block Grant funds and amendment to the 2010 and 2011 Annual Action Plans and Resolution No 4710 June 1 2011 Page 1 of 2 RES.B NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON DOES HEREBY RESOLVE Section 1 The Cify hereby amends the 2010 and 2011 Annual Action Plans and adopts the amendment to its 2010 and 2011 Annual Action Plan Updates to the Consolidated Plan making approximately 250000 of unused CDBG funds aVailable for projects that are consistent with federal regulations and objectives and policies of theAuburn Consolidated Housing and Community Development Plan with planned projects including improvements to Shaughnessy Park approximately 5000000 downtown business farade improvement program approximately 2500000 and acquisition of property to assist Auburn YouthResources develop a teen dropin program approximately 17500000 Section 2 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out directions of the legislation Section 3 This Resolution shall be in full force and effect upon passage and signatures hereon DATED and SIGNED this day of June 2011 Peter B Lewis Mayor ATTEST Danielle Daskam City Clerk APP OV AS FORM SV Daniel B H City Attorn Resolution No 4710 June 1 2011 Page 2 ofi 2 RES.B AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4712 Date: May 17, 2011 Department: Police Attachments: Resolution No. 4712 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4712. Background Summary: The City of Auburn has interaction with the Washington State Department of Corrections involving its Community Correction Officers. It would make sense and would be advantageous to the City and the State for the parties to enter into an agreement for identification of responsibilities and obligations of the respective agencies in connection therewith. The proposed agreement agrees the responsibilities of both the State and the City and identifies methodology for cooperation between the two. O1.8 Reviewed by Council Committees: Finance, Municipal Services Councilmember:Peloza Staff:Lee Meeting Date:June 6, 2011 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINEDRES.C RESOLUTION NO 4 712 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND THE WASHINGTON STATE DEPARTMENT OF CORRECTIONS FOR SERVICES INVOLVING DEPARTMENT COMMUNITY CORRECTION OFFICERS AT THE AUBURN JUSTICE CENTER WHEREAS the City of Auburn and the Washington State Department of Corrections has interaction between the two agencies relating to correctional activities involving people at fhe Auburn Justice Center and WHEREAS It would be appropriate and advantageous for the City and the State Department of Corrections o enter into a contract Contract Number K9079 to idenfify the responsibilities and obligations of the parties in connection with the activities and services perFormed by or involving DepartmentCommunity Correction Officers NOW THEREFORE THECITY COUNCIL OF THE CITY OF AUBURN KING COUNTY WASHINGTON HEREBY RESOLVES as follows Section 1 The Mayor or his designee is hereby authorized to execute an agreement between the Ciiy of Aubum and the Washington State Department of Corrections for services involving Community Correction Officers of the Department of Corrections in substantial conformity with the agreement attached hereto marked as Exhibit A and incorporated herein by this reference Resolufion No 4712 May 17 2011 Page 1 of 2 RES.C Section 2 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Section 3 This resolution shall be in full force and effect upon passage and signatures hereon Dated and Signed this day of 2011 i CITY OF AUBURN PETER B LEWIS MAYOR ATTEST Danielle E Daskam City Clerk APPROVE AS TO FOR aniel B Hei City Attorn Resolufion No 4712 May 17 2011 Page 2 of 2 RES.C STATE O Sit shimion o Department aof Correctaons cCoirntiract No Kqo7q yLI889 Thas lrnterloacal Agreemrnemit AgreemenY is made by the state of Washington Department of Corrections hereinafter referred to as Department and Aubum Police Department hereinafter referred to as Agency WHEREAS RCW Chapfer 3934 interlocall Cooperation Act permits state agencies andlocal Govemments to make the most efficient use of their powers by authorizing them to enter into Agreements with each other in order to provide senrices and facilities in a manner best senring the needs and development of their local communities WHEREAS the purpose of this Agreement is to allow Department to place Community Corrections Officers CCOs at the premises ownedoperated by Agency located at 340 East main Street Suite 201 Aubum WA 98002 NOW THEREFORE in consideration of the terms and conditions contained herein Department and Agency agree as follows 7 Agency Responsibilities Agency shall provide A Office space for one 1 CCO at premises to include a desk file cabinet and telephone line Premises will be accessible to the CCO seven days a week fwenty four hours per day B A mait box slot at Premises to which CCO has access it C Janitorial service for the office space 2 Department Responsibilities Department shall A Keep the office space clean B Wear Department identification at all timeswhen within the building C Escort visitors at all times while within the building D Provide install and maintain a reporting kiosk as applicable E Procure install and maintain VPN connectivity attachment A 3 Mutual benefits This Agreement improves both parties ability to carry out public safety responsibilities through A Joint Operations covering events holidays and homefield contact B Immediate response regarding felons under Department supervision C Joint involvement in Community groups D informafion sharing resources such as wanted persons information and local ongoing community concems 4 Access to information A Access to all Department computer systems and files are restricted to the CCO Department will follow its policy for dissemination of any information from its computer systems and files State of Washington Interlocal Agreement Page 1 of 3 Department of Corrections K9079 118361 RES.C B Access to all Agency computer systems and files are restricted to Agency personnel unless trained and authorized The Agency will follow its policy and appiicable law conceming dissemination of all Agency information 5 Term This agreement shall take effect April 15 2011 and shall continue in effect until terminated March 31 2013 This Contract Agreement may be extended by mutual agreement of the parties for two 2 additional oneyear periods or portions thereof Any such extension shall be evidenced by a properly completed written amendment to this Agreement Either party may terminate this Agreementby giving thirty 30 days written notice to the other 6 Hold Harmless Each party to this Agreement shall beresponsible for its own acts andor omissions and those of ifs officers employees and volunteers No party to this Agreement shall be responsible for the acts andor omissions of entities or individuals not a party to this Agreement 7 Contact Persons The parties stipulate that the following persons shall be the contact person for their respective jurisdiction A William T Pierson Assistant Chief of Police Aubum Police Department 340 East Main Street suite 201 Aubum WA 98002 253 8761996 wpierson aubumwaaov B Curtis Crisp Community Corrections Supervisor Department of Corrections NW 240 Aubum Office Aubum WA 98002 253 9346343 curtiscrispdocwagov 8 Nothing herein shall require or be irrterpreted to A Waive any defense arising out of RCW Title 51 B Limit or restrictthe ability of either entity or employee or legal counsel for either enfity or employee to exercise any right defense or remedy which a party to a lawsuit may havewith respect to claims for third parties including but not limited to any good faith attempts to seek dismissal of legal claims against a party by any proper means allowed under the civil rules in either state or federal court 9 General Provisions A Entire Agreement This Agreement contains all of the terms with respect to any matter covered or mentioned in this Agreement B Modification No provision of this Agreement may be modified except by written agreement signed by the Parties C Successors This Agreement shall be binding upon the Parties successors in interest and assigns D Severability Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision E Default In the event that either of the Parties defaults on the perFormance of any terms of this Agreement or either party places the enforcement of this Agreement in the hands of an attomey or files a lawsuit each Party shall pay allits own attomeys fees coss and expenses F Venue The venue for any dispute related to this Agreement shall be Thurston County Washington G Waiver Failure of the Agency to declare any breach or default immediately upon the occurrence thereof or delay in taking any action in connection with shall not waive such breach or default Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor State of Washington Interlocal Agreement Page 2 of 3 Department of Corrections K9079 118361 RES.C H PerFormance Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor 110 Governance This Agreement is entered into pursuanf to and under the authority granted by the laws of the state of Washington and any applicable federal laws The provisions of this Agreement shall be construed to conform to those 1aws In the event of an inconsistency in the terms of this Agreement or between ifs terms and any applicable statute or rule the inconsistencyshall be resolved by giving precedence in the following order A Applicable state and federal sfatutes and rules and B Statement of work and C Any other provisions of the Agreement including materials incorporated by reference THIS Interlocal Agreement consisting of three 3 pages and one 1 attachment is executed by the persons signing below who warrant that they have the authority to execute the Agreement AUBURN POUCE PARTMENT DEPARTMENT OFCORRECTIONS Signature Signature R0ySE2r Gary Banning Printed Name Printed Name 4ssistafltChief of Police Contracts Administrator ritie Titie k 75 12 O Date Date Approvetl as to Form This Interlocal agreement format was approved as to fbrtn by tfie Office of the Attomey General State of Washington Interlocal Agreemenf Page 3 of 3 pepartment of Corrections K9079 118361 RES.C Attachment A VPN Connectivity Agreement PURPOSE The Aubum Police Department hosts a Department of Corrections Community Corrections Officer CCO at their location The specfic locations are identified in the main contract of which this is an addendum The Agency has agreed to allow the CCO use of their network infrastructure and Intemet connectiyity forthe purpose of connecting to the Department network via a Virtual Private Networking VPN session This Addendum will outline agreed upon rolesand responsibilities between the Department and the Agency for the support of the described connectivity PART I DEPARTMENT RESPONSIBILITIES 1 The Department will supply the software client and digital key fob for Department staff to use in establishing their VPN connection to the Department network The software fob and resultant VPN connection to the Department network will only be used by authorized Department staff using their Department owned and managed computing equipment The Department will ensure that the VPN software installed on their owned computer will not allow split tunneling This means that Department sfaff will not be able to connect to the Agency resources on their network such as printers files terminal services desktop faxing or the like The sole purpose and use of the Agency infrastructure and its provision of Internet connectivity will be strictly for the connection of Department owned computers to the Department network to access Department data and resources PART 11 AGENCY RESPONSIBILITIES 1 The Agency lnformation Technology department agrees to provide the network infrastructure and Intemet connectivity that will allow the Department staff to establish a VPN connection to the Department network 2 When there are scheduled Agency network outages which may impact Department staff connectivity to the Department nefinrork the Agency agrees to notify the Department staff as soon as they reasonably can 3 The Agency Information Technology Director shall have the fnal authority to determine the schedule and senrices to be provided by the Agency employees to carry out the Agencys responsibilities under this agceement 4 The Agency staff will not use the Department VPN connection to gain access to Department data or resources PART III CHARGES FOR SERVICE where applicable The Agency will be compensated for the services provided herein as follows 1 The Agency will be compensated at the rate of 2500 per hour for any services performed by Agency staff as required to support the Agency infrastructure in place State of Washington K9079 Page 1 of 2 Department of CoRections Attachment A RES.C forthe Departments use in connecting its computing equipment to the Department nefinrork The Agency will notify the Department of any billable work to be preformed by theirstaff prior to any work being done The approval to proceed with requesfed work will be provided by the Departments Community CoRections supenrising Field Administrator 411 work that impacts or alters the Departments owned computers connection to the Department networlc equipment will be accomplished in coordination with the Departments local Information Technology staff 2 Any increases to these agreed upon charges must be made in writing to the Department at a minimum 30 days advance notice Normally increases in cost for the senrices provided by the Agency should be negotiated when the contract is reviewed This amounfrepresents midrange 1TS4 hourly rate aState of Washington K9079 Page 2 of 2 Department of Corrections AttachmenfA RES.C