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HomeMy WebLinkAbout04-16-2012 Council meeting packet City Council Meeting April 16, 2012 - 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 - YMCA Healthy Kids Day* Mayor Lewis to declare Saturday, April 28, 2012 as YMCA Healthy Kids Day 2. Proclamation - National Day of Prayer* Mayor Lewis to declare May 3, 2012 to be National Day of Prayer in Auburn 3. Proclamation - Relay for Life of Auburn Days* Mayor Lewis to declare May11-12th, 2012 as Relay for Life for Auburn Days 4. Proclamation - 2012 Tree Steward* Mayor Lewis to declare the Auburn Parks Department of the City of Auburn as our "2012 Tree Steward" for preserving and caring for the Oak tree at 37th and R St SE in Auburn and declaring a "Significant Tree". D.Agenda Modifications II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A.Public Hearings No public hearing is scheduled for this evening. 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. April 9, 2012 Minutes* (Peloza) B.Planning & Community Development 1. April 9, 2012 Minutes* (Backus) C.Public Works 1. April 2, 2012 Minutes* (Wagner) D.Finance 1. April 2, 2012 Minutes* (Partridge) E.Les Gove Community Campus 1. April 11, 2012* (Wagner) F.Council Operations Committee IV.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 April 2, 2012 Regular Meeting* B. Claims Vouchers (Partridge/Coleman) Claims check numbers 412571 through 412961 in the amount of $4,059,622.34 and dated April 16, 2012. C. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 532811 through 532848 in the amount of $835,610.75 and electronic deposit transmissions in the amount of $1,178,772.47 for a grand total of $2,014,383.22 for the pay period covering March 29, 2012 to April 4, 2012. D. Public Works Project No. CP1121* (Wagner/Dowdy) City Council approve change order No. 2 in the amount of $75,000 to Contract No. 11-25 for work on Project No. CP1121, 2011 Local Street Pavement Preservation - Phase 2 V.UNFINISHED BUSINESS There is no unfinished business. VI.NEW BUSINESS There is no new business. VII.ORDINANCES A. Ordinance No. 6405* (Backus/Heid) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 2.03.100 of the Auburn City Code, relating to duties of the Mayor B. Ordinance No. 6406* (Backus/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, extending and amending Chapter 18.56 of the Auburn City Code, relating to the regulation of the allowance, dimensions and locations of signs C. Ordinance No. 6407* (Backus/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, amending Chapter 18.40 - Public Use District of the Auburn City Code by amending Section 18.40.020, Definitions, and adding a new Section 18.40.105, all relating to Public Animal Shelters VIII.RESOLUTIONS A. Resolution No. 4808* (Partridge/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, declaring certain items of property as surplus and authorizing their disposal IX. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council B. From the Mayor 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: April 9, 2012 Minutes Date: April 12, 2012 Department: Attachments: Draft Minutes 4/9/12 Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Peloza Staff: Meeting Date:April 16, 2012 Item Number:MS.1 AUBURN * MORE THAN YOU IMAGINEDMS.1 Municipal Services Committee April 9, 2012 - 3:30 PM City Hall Conference Room 3 MINUTES DRAFT I. CALL TO ORDER Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room 3 of City Hall, 25 W. Main, Auburn, WA. Members present: Chair Peloza, Vice Chair Osborne, Member Wales. Staff present: Mayor Pete Lewis, Chief of Police Bob Lee, Parks & Recreation Director Darryl Faber, Police Secretary/Scribe Kathy Emmert. Others present: citizen Scot Pondelick and Auburn Reporter representative Robert Whale. A. Roll Call B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. Minutes 3/26/12 Vice Chair Osborne moved to accept the Minutes as presented. Member Wales had not arrived at the time of this motion. Chair Peloza concurred. MOTION PASSED: 2-0 III. DISCUSSION ITEMS A. Street Median Maintenance (Faber) The Committee discussed its concern for the appearance and maintenance of the various street medians in the City. Director Faber and the Committee reviewed a listing of all street medians within the city, their current status/condition and what staff recommended for the future. The Committee has been researching other cities in the area and will be sharing a document from this research with the Council as a whole and PCDC specifically as a starting point for developing a standardized approach to medians based on location, type, availability of water etc. In addition, the possibility of expanding the hanging baskets associated with Auburn will be considered. B. Matrix The Matrix is modified to reflect the following: Item 30P - Review date changed to 4/23/12. Status changed to reflect Committee will bring maps and pins for better visualization. Committee will work with PCDC as it researches and develops a standard for street medians which will include both short and long term solutions. Page 1 of 2 MS.1 IV. ADJOURNMENT The meeting adjourned at 4:42 p.m. The next meeting of the Muni Services Committee is Monday, 4/23/12 at 3:30 p.m. Signed this _____ day of April, 2012 ______________________________ ______________________________ Bill Peloza, Chair Kathy Emmert, Police Secretary/Scribe Page 2 of 2 MS.1 AGENDA BILL APPROVAL FORM Agenda Subject: April 9, 2012 Minutes Date: April 10, 2012 Department: Planning and Development Attachments: Draft PCDC Minutes Budget Impact: $0 Administrative Recommendation: For discussion only, see attached minutes. Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff: Meeting Date:April 16, 2012 Item Number:PCD.1 AUBURN * MORE THAN YOU IMAGINEDPCD.1 Planning and Community Development April 9, 2012 - 5:00 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chair Nancy Backus called the meeting to order at 5:00 p.m. in Annex Conference Room 2 located on the second floor of the One Main Professional Plaza, 1 East Main Street, Auburn, Washington. A. Roll Call Chair Nancy Backus, Vice-Chair Partridge and Member John Holman were present. Also present were Mayor Pete Lewis, Planning and Development Director Kevin Snyder, Planning Manager Elizabeth Chamberlain, Economic Development Manager Doug Lein, and Planning and Development Secretary Tina Kriss. Members of the public present were: Scot Pondelick B. Announcements There were no announcements. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. March 26, 2012 Minutes (Snyder) Vice-Chair Partridge moved and Member Holman seconded to approve the March 26, 2012 minutes as written. Motion Carried Unanimously. 3-0 III. DISCUSSION ITEMS A. Proposed Amendment to the P-1, Public Use District (Wagner) Committee to discuss proposed amendments to the P-1, Public Use District; as it relates to animal shelters (ZOA12-0004). Planning Manager Elizabeth Chamberlain provided background information on the proposed amendment to the P-1, Public Use District relating to animal shelters (ZOA12-0004). On March 20, 2012 the Planning Commission held a duly noticed public hearing on the amendments. At the close of the public hearing the Page 1 of 3 PCD.1 Planning Commission concurred with staff and made a recommendation to the City Council for adoption of the proposed code amendments. If the Committee is in concurrence with the Planning Commission recommendation staff would request that the Committee take action and forward its recommendation to the City Council for the April 16, 2012 Council meeting. Committee is in concurrence with the Planning Commission recommendation and has determined it will take action on this item. Vice-Chair Partridge moved and Member Holman seconded to forward Ordinance No. 6407 to full City Council for review and approval. Motion Carried Unanimously. 3-0 B. Other Downtown Capital Projects Status Update (Chamberlain) Provide a status update on the other downtown capital projects that are being constructed with the balance of the LRF funds. Planning Manager Elizabeth Chamberlain provided information from the May 24, 2011 meeting of the former Downtown Redevelopment Committee which included a list of projects and a timelines for completion. Committee and staff reviewed the status of those projects. To assist Vice-Chair Partridge and Member Holman in learning more about the discussion and action items for these projects Planning Manager Chamberlain distributed background information from the former Downtown Redevelopment Committee's agenda. Vice-Chair Partridge requested information on the North City Hall Project from the former Committee. C. Director's Report (Snyder) Planning Director Kevin Snyder stated we are still waiting for the Washington State Auditor to respond to the Address Assistance Program proposal; upon receipt of their review we will bring this back before Committee. On behalf of the Planning Department we would like to thank the Mayor and Council for their support of the Auburn Environmental Park boardwalk project. D. PCDC Matrix (Snyder) The Committee had no changes or additions. IV. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 5:30 p.m. APPROVED this ____________ day of _________________, 2012. Page 2 of 3 PCD.1 ______________________________ ________________________________ Nancy Backus - Chair Tina Kriss - Planning and Development Secretary Page 3 of 3 PCD.1 AGENDA BILL APPROVAL FORM Agenda Subject: April 2, 2012 Minutes Date: April 11, 2012 Department: Public Works Attachments: April 2, 2012 Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Public Works Councilmember:Wagner Staff: Meeting Date:April 16, 2012 Item Number:PW.1 AUBURN * MORE THAN YOU IMAGINEDPW.1 Public Works Committee April 2, 2012 - 3:30 PM Annex Room 2 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, 98002. A. Roll Call Chairman Wagner, Vice-Chair Bill Peloza, and Member Osborne were present. Also present during the meeting were: Mayor Pete Lewis, Council Member Largo Wales, City Engineer/Assistant Director Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer Dan Repp, Engineering Aide Amber Mund, Finance Director Shelley Coleman, Financial Planning Manager Martin Chaw, Planner Stuart Wagner, Planning Manager Elizabeth Chamberlain, Public Works Secretary Jennifer Rigsby, Lisa Harmon from Girl Dogs Inc., and citizen Scot Pondelick. B. Announcements There were no announcements. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Approval of Minutes Councilmember Peloza moved and Councilmember Osborne seconded to approve the Public Works Committee Meeting minutes for March 19, 2012, as amended. Vice-Chair Peloza requested that the minutes be amended, on page 5 of 10, to include the statement, “Mayor Lewis requested additional information from Vice-Chair Peloza relating to V.A. replacement of ramps for veterans.” Chairman Wagner pointed out that “Veterans’ Association” should be corrected to read “Veterans’ Administration.” Motion Carried Unanimously. 3-0. Page 1 of 8 PW.1 B. Right-of-Way Use Permit No. 12-10 (Mund) Councilmember Peloza moved and Councilmember Osborne seconded to approve Right-of-Way Use Permit No. 12-10 for the Parks, Arts and Recreation Department Clean Sweep 2012. Engineering Aide Mund explained that the Parks, Arts and Recreation Department have applied for their annual Right-of-Way Use Permit for Operation Clean Sweep to close Main Street from A Street NW/SW to Auburn Way. Engineering Aide Mund stated that the intersection at E Main Street and A Street SE/Auburn Avenue will be closed until the conclusion of the sweep, as it has been in years past, in response to a question asked by Chairman Wagner. Member Osborne asked if the promenade and plaza area can be used for the event instead of closing N Division Street from W Main Street to 1st Street NE. Assistant Director/City Engineer Selle said that in the future the promenade will be able to be utilized more but because construction is not completed, it will not be used this year. Motion Carried Unanimously. 3-0. C. Right-of-Way Use Permit No. 12-11 (Mund) Councilmember Peloza moved and Councilmember Osborne seconded to approve Right-of-Way Use Permit No. 12-11 for Girl Dog Inc. Hotdog Stand. Vice-Chair Peloza asked if the owner was going to be operating year- round. Mayor Lewis answered that was the goal that the owner is working toward. Engineering Aide Mund introduced Lisa Harman, owner of Girl Dogs Inc. Ms. Harmon confirmed that she is working toward being open year-round. Vice-Chair Peloza asked if last year was fruitful for the business. Ms. Harmon answered that the year was successful and Engineering Aide Mund distributed a report about the business, prepared by Ms. Harmon, to the Committee. Ms. Harmon stated that she did participate in the Auburn International Farmers Market last year and will participate in each market day this year, in response to questions asked by the Committee. Ms. Harmon responded to questions asked by Member Osborne regarding her original permit application. Page 2 of 8 PW.1 Chairman Wagner asked if the business was at the City’s 4th of July event. Ms. Harmon answered that she was not at the event. Motion Carried Unanimously. 3-0. III. DISCUSSION ITEMS A. Ordinance No. 6406 Proposed Amendments to Section 18.56.025 - Real Estate Signs (S. Wagner) Planner Wagner provided a background summary for Ordinance No. 6406 which proposes amendments to Section 18.56.025 of the Auburn City Code which pertains to real estate signs. Planner Wagner stated that the Planning Department staff held workshops with the Planning Commission and on March 6, 2012, there was Public Hearing. It was staffs’ recommendation to continue the interim sign controls that Council approved in 2011 via Ordinance 6360 and the Planning Commission concurred. The interim sign controls will be effective through April 21, 2013, upon introduction and approval of Ordinance No. 6406. Mayor Lewis spoke about the real estate signs that have been posted in the Lakeland Hills area over the years, in response to a question asked by Chairman Wagner regarding whether or not the Planning Commission discussed how to possibly control the content of real estate signs to ensure the signs’ legitimacy. Mayor Lewis stated that since the primary development areas that would be affected by the continuation of the sign controls are the very north and south ends of the City, he did not see a problem with the extension given the history of sign placement in developing areas. The Committee and staff discussed the difference between informational real estate signs and other types of signs. Planning Manager Chamberlain stated that the Planning and Community Development Committee agreed to extend the sign controls without making changes to avoid having to regulate the existing signs that were allowed by the original code change. Chairman Wagner and Mayor Lewis discussed the functionality of the signs. Planner Wagner responded to questions asked by Vice-Chair Peloza regarding sign code compliance. Vice-Chair Peloza spoke about the economic benefit of allowing the extension of the sign controls and spoke in favor of extending them for an additional year. Chairman Wagner spoke about methods of responding to mass Page 3 of 8 PW.1 communications regarding particular signs, such as the Lakeland Hills residents’ concerns about the real estate signs, and preparing responses. Member Osborne asked what party is advocating for the extension of the sign controls. Mayor Lewis answered that primary advocates are the large developers. Planner Wagner stated that the signs do steer traffic to the developments, in response to questions asked by Member Osborne. Planner Wagner outlined the sign permit application process in response to a question asked by Member Osborne. Chairman Wagner commented on flashing changing message signs that may be violating City Code and asked if the Planning and Community Development Committee (PCDC) is planning to review the section of the code addressing message signs. Planner Wagers answered that PCDC does not currently have plans to review the code. Staff will examine some existing signs that may be in violation of the current code. B. Utility Rate Study Update Alternative Scenario (Coleman) Finance Director Coleman presented the Committee with an alternative to the increase in utility rates previously brought to the Committee for review. The alternative scenario includes increasing the water and storm utility rates more than previously suggested in order to carry the debt service for the sewer utility in order to reduce the proposed increase to sewer for 2012. Finance Director Coleman stated that the alternative scenario proposes a 11.5% rate increase for all utilities in 2012, compared to the original proposal of an 8% increase for the water utility, 2.5% storm utility increase, and a 33% sewer utility increase. Also included is a proposed future annual (2013-2017) 2.5% increase in the water utility, 1.5% increase in the storm utility, and 5% in the sewer utility. The $1.2M interfund loan from the water and storm utilities to the sewer utility would have a 3 year repayment plan. Vice-Chair Peloza asked if the 11.5% increase would cover the City’s utility costs. Finance Director Coleman answered for water and storm the increase would cover the costs and for sewer the increase may or may not cover the costs and the sewer utility may need to borrow funds from the other two utilities. Finance Director Coleman explained why the recommended increase for the sewer utility is higher than the other two utilities, in the original proposal, at the request of Vice-Chair Peloza. Vice-Chair Peloza asked at what time staff realized that the cost of the Page 4 of 8 PW.1 sewer utility was disproportionate to the costs of the water and storm utilities. Finance Director Coleman answered in 2011. The Committee reviewed the graph demonstrating the Sewer Utility Revenue Requirements 2012-2017. The Committee and staff reviewed the Combined Debt Service Coverage Before and After Rate Adjustments graph. Finance Planning Manager Chaw answered questions asked by Chairman Wagner regarding the debt service coverage requirements. The Committee and staff discussed the need to provide more debt service coverage than the amount required, which is 1.25. Chairman Wagner pointed out that in comparison to nearby jurisdictions; the City’s rates are lower. Mayor Lewis suggested providing the comparison to utility customers. Chairman Wagner agreed. Chairman Wagner spoke about the possibility of customers not noticing the rate increase for all the utilities, but instead focusing on just the water utility increase. Member Osborne commented that not all utility customer are the same and pointed out that there are many customer who are not on sewer and are on City water. Member Osborne explained that in the alternative scenario the water utility rates will be increased to cover the sewer utility, a utility which not all water customers use. Member Osborne stated that this was one of the reasons he supports the original plan over the alternative one. Member Osborne spoke about how the alternative scenario will also affect the different categories of water utility customers. The Committee and staff discussed the number of water only customers, 15,000, versus those who are sewer customers, 13,000. Member Osborne spoke in favor of the original plan and against borrowing funds from the water and storm utilities to cover the sewer utility, especially since the predications regarding the future strength of the sewer utility are not certain. Member Osborne and the Committee compared the original plan increases to the ones outlined in the alternative scenario. Finance Director Coleman explained that there are two fundamental differences between the original plan and the alternative, following a request from Vice-Chair Peloza. Vice-Chair Peloza spoke in favor of the original plan that was recommended Page 5 of 8 PW.1 by staff and presented to the Committee at past meetings. Finance Director Coleman answered questions asked by Member Osborne regarding bond issuance and debt service. The Committee, Mayor Lewis, and Finance Director Coleman discussed how to include the inter-jurisdictional utility billing comparison with customers’ utility bills. After discussing the alternative scenario and comparing it to staff’s original recommendations the Committee supported moving forward with the original recommendations for utility rate increases. Chairman Wagner told Finance Director Coleman that he and Member Osborne have been preparing their comments on the Cost of Service study spreadsheet and will be submitting it to her. Chairman Wagner stated that he would like the Cost of Service study be complete by the end of the year so adjustment can be made the utility rates, if the study justifies changes. C. Capital Project Status Report (Gaub) Item No. 4 – CP1005 – South Division Street Promenade: Vice-Chair Peloza commented that he is pleased the project is under budget. Assistant City Engineer Gaub stated that the only reason the project is moving more slowly is because of the weather conditions, in response to a question asked by Member Osborne. Assistant City Engineer Gaub explained that in order to put the pavers down, a higher temperature level and low humidity level is required. Vice-Chair Peloza asked if the pavers will be completed by the ribbon cutting ceremony on April 12, 2012. Assistant City Engineer Gaub answered that they will not; however, the Contractor is attempting to complete as much as the weather will allow by the ceremony. Item No. 11 – CP1116 – Downtown Pedestrian Light Replacement: Vice- Chair Peloza asked if the project is on schedule. Assistant City Engineer Gaub answered that it is, work is going to begin the week of April 16th. Assistant City Engineer Gaub stated that the project competition date may be extended into May, and that depends on how many lights can be completed each day but the work should proceed quickly. Item No. 12 – C201A – M Street SE Underpass: Member Osborne asked if there had been a stop work order issued on the project. Assistant City Engineer Gaub confirmed that there was not a stop work order issued. Gaub explained that there is work that needs to be done by the contractor prior to them being able to disturb the ground in order for them to Page 6 of 8 PW.1 be in compliance with state permits that are required for the project. Item No. 15 CP0909 – Academy Booster Pump Station: Member Osborne asked about the change in completion date. Assistant City Engineer Gaub answered that there are delays due to complications in obtaining an easement which requires additional design work and this will push out the bid date and in turn delay the completion date. Item No. 21 – CP1206 – 2012 Pavement Patching, Chip Seal, and Overlay Project: Assistant City Engineer Gaub explained that the $200,000 SOS funds are part of the 2012 budget, in response to a question asked by Member Osborne. The contract for CP1206 combines the overlays and patching for the SOS project with the patching work planned on the arterial roads in order to get a better, more competitive bids. Item No. 27 – CP1024 – AWS and M Street SE Intersection Improvements: Assistant City Engineer Gaub stated that the project has partial funding and staff is currently working on preliminary design for the improvements and putting together some cost estimates which is anticipated to be completed this year, in response to a question asked by Chairman Wagner. Construction of the improvements is dependant of funding and will not likely occur this year. Item No. 30 – C512A – Well 4 Improvements: Gaub responded that the project is currently on hold and will update the project information accordingly in response to a question from Member Osborne. Item No. 33 – CP1121 – 2011 Local Street Pavement Preservation – Phase 2: Vice-Chair Peloza asked when work on H Street will begin. Mayor Lewis answered that work will begin this construction season. Assistant City Engineer Gaub stated that the contractor is working at two locations at a time. Currently work is being done on 3rd Street SW and 2nd Street NE and when those locations are complete the contractor will move on to the next two locations. Item D – CP1006 – Fenster Levee Project: Assistant City Engineer Gaub stated that the current estimate for the project is $1.2M and there is current grant funding and other City funding sources that total $639,100.00. Assistant City Engineer Gaub stated there is an additional $300,000.00 from WIRA 9 but that still needs KCD approval. Item B – CP1115 – City Hall NW Plaza Improvements: Member Osborne asked what improvements need to be made to the ADA ramp. Assistant City Engineer Gaub stated that the current grade of the ramp, without landings, does not meet current ADA standards. Similar upgrades were made to the south side of City Hall last year. Page 7 of 8 PW.1 D. Activities Matrix (Dowdy) Item E – Potential ROW Purchase on NE corner of 104th & 8th NE Intersection: Chairman Wagner asked that the item be removed from the matrix since there is no reason to purchase the property. Assistant City Engineer Gaub explained why staff determined there is no need to purchase the ROW near the intersection, following questions asked by Member Osborne. Item F – Cascade Water Alliance and/or Tacoma Public Utilities Water Purchase Agreement: Assistant Director/City Engineer Selle said the agreement is totally separate from the Cost of Service Study, in response to a question asked by Chairman Wagner. Assistant Director/City Engineer Selle said the item would be brought back to the Committee for discussion in either April or May. Item A – Harvey Rd Sidewalk Repair: Assistant Director/City Engineer Selle suggested removing Item A. The trees have been removed and temporary sidewalk installed. The permanent sidewalk will be put in as part of the 2012 Sidewalk Replacement Program, which is tracked on the Capital Project Status Report. The Committee agreed. E. Additional Discussion Chairman Wagner asked who received the Notice of Road Closure which was distributed to the Committee on Friday. Assistant City Engineer Gaub answered the residents and businesses in the general area of the project received the notice and similar information is published on the City’s website. The notice also went out to the school district, fire, police, the press, and other public agencies. The Committee and staff discussed the possibility of publishing the notice and map in the Auburn Reporter. IV. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 4:44 p.m. Approved this 16th day of April, 2012. Page 8 of 8 PW.1 AGENDA BILL APPROVAL FORM Agenda Subject: April 2, 2012 Minutes Date: April 11, 2012 Department: Administration Attachments: April 2, 2012 Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Finance Councilmember:Partridge Staff: Meeting Date:April 16, 2012 Item Number:FN.1 AUBURN * MORE THAN YOU IMAGINEDFN.1 Finance Committee April 2, 2012 - 5:30 PM Annex Conference Room 1 MINUTES I. CALL TO ORDER Chair John Partridge called the regular meeting to order at 5:30 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 Partridge, Vice Chair John Holman and Member Largo Wales were present. Also present during the meeting were: Mayor Peter B. Lewis, Deputy Mayor Nancy Backus, City Attorney Daniel B. Heid, Finance Director Shelley Coleman, Financial Planning Manager Martin Chaw, Utilities Engineer Dan Repp, Planning and Development Director Kevin Snyder, Community Services Manager Michael Hursh, Riverside High School student Hayden Stenko, and City Clerk Danielle Daskam. B. Announcements There was no announcement. C. Agenda Modifications There was no change to the agenda. II. CONSENT AGENDA A. Minutes of the March 19, 2012 Meeting Vice Chair Holman moved and Member Wales seconded to approve the March 19, 2012 minutes. MOTION CARRIED UNANIMOUSLY. 3-0. B. Claims Vouchers (Coleman) Claims check numbers 412223 through 412570 in the amount of $2,463,321.93 and dated April 2, 2012. Committee members reviewed the claims and payroll vouchers and briefly discussed the following claims vouchers: 412351, 412376, 412464, 412529 and 412323. Member Wales moved and Vice Chair Holman seconded to recommend Council approval of claims and payroll vouchers. Page 1 of 4 FN.1 MOTION CARRIED UNANIMOUSLY. 3-0. C. Payroll Vouchers (Coleman) Payroll check numbers 532774 through 532810 in the amount of $270,726.18 and electronic deposit transmissions in the amount of $1,204,295.32 for a grand total of $1,475,021.50 for the pay period covering March 15, 2012 to March 28, 2012. See claims vouchers above for approval of claims vouchers. III. RESOLUTIONS A. Resolution No. 4809 (Faber) A Resolution of the City Council of the City of Auburn, Washington, authorizing the acceptance of a grant from King Conservation District and authorizing the Mayor and City Clerk to execute the necessary agreements to accept said funds Mayor Lewis stated that Resolution No. 4809 authorizes the acceptance of a $20,000 grant from the King Conservation District for the benefit of the Auburn International Farmers Market. Member Wales moved and Vice Chair Holman seconded to approve and forward Resolution No. 4809 to the full Council. MOTION CARRIED UNANIMOUSLY. 3-0. IV. DISCUSSION ITEMS A. January 2012 Financial Report (Coleman) Finance Director Shelley Coleman presented the January 2012 Financial Report. Finance Director Coleman noted that being the first month of the year, the report was generally unremarkable. Director Coleman noted operating losses in the utility funds, with the exception of the stormwater fund. In response to questions from the Committee regarding SCORE expenses, Finance Director Coleman stated the budgeted expenses for SCORE in 2012 are approximately $5 million. However, if SCORE does not realize their anticipated contracts for beds, there may be additional costs (up to $3.7 million) to the member cities for maintenance and operations. Mayor Lewis briefly spoke regarding the marketing efforts to fill SCORE beds and the competition among jail facilities. Mayor Lewis stated that the City's costs for court, probation and jail are expected to be over $10 million. In comparison, the City of Renton's costs for court, probation and jail are less than $7 million. Auburn's jail costs have been increasing while other member cities' costs have been decreasing. Auburn's increase in jail costs can be attributed to sentencing practices. Also, City of Page 2 of 4 FN.1 Renton has one probation officer supervising 112 cases, while the City of Auburn has probation officers supervising 692 cases. Mayor Lewis reported that he has been consulting with the court in efforts to reduce court and jail costs and has also been investigating alternative court services. Member Wales requested that a future agenda include discussion of the airport and the impact of the flight school closure on the airport. B. Resolution No. 4807 (Heid) A Resolution of the City Council of the City of Auburn, Washington, revising the City of Auburn policy for identified city officials to participate in and maintain membership in professional organizations and in civic, community, service or governmental organizations, amending Resolution No. 3417 accordingly Committee members reviewed Resolution No. 4807. Mayor Lewis commented that the policy that allows the City to pay for City officials and employees to participate in civic and community organizations was implemented originally to provide another avenue of leadership training for employees and to engage employees in their city. City officials were included as well to allow future Councilmembers, who may not be able to afford the membership fees, the same opportunity to participate. Member Wales spoke in favor of the proposed amendment to the policy to not allow payment for service organization dues and meals for Councilmembers. Vice Chair Holman stated that he is not opposed to the City paying a membership fee for a Councilmember who feels they economically need the assistance. Vice Chair Holman expressed opposition to the City reimbursing a Councilmember for their lunch while at a service organization meeting. Vice Chair Holman moved and Member Wales seconded to forward Resolution No. 4807 to the Council Operations Committee for further study. MOTION CARRIED UNANIMOUSLY. 3-0. C. Travel and City Credit Card Use (Coleman) Member Wales requested discussion of travel and credit card use. She inquired whether the sharing of one credit card by several Councilmembers was conducive to recordkeeping and accountability. Member Wales stated that separate credit cards for each Councilmember would have made recordkeeping easier for those Councilmembers who attended the recent National League of Cities Conference. Finance Director Coleman stated that credit cards can now only be issued in the name of a person with their social security number tied to the card. The existing credit cards are grandfathered in under the prior regulations, but any future cards will need to be tied to an individual. Finance Director Coleman advised that she Page 3 of 4 FN.1 has increased the credit limit for the existing credit cards. Vice Chair Holman expressed concern with a generic Council credit card in that expense charges cannot be distinguished from one Councilmember or another. Mayor Lewis recommended that Councilmembers utilize the per diem rates for meals and obtain travel advances for expenses or pay their own way and seek reimbursement upon return. D. Utility Rate Study Update Alternative Scenario (Coleman) Finance Director Coleman presented an alternative scenario to the Water, Sewer and Stormwater Rate Study Update presented at the last Committee meeting. The alternative scenario mitigates the impact to the sewer utility, meets the 2012 debt service coverage needs, continues to fully fund forecasted utility cash flow needs, and allows interfund borrowing, if needed. Director Coleman stated that the alternative scenario is based upon the utilities as a whole, rather than three individual funds. Chair Partridge noted the disadvantages to the alternative scenario, including generating more revenue than needed for the water and stormwater utilities and requiring interfund transfers. Mayor Lewis also noted that the City has approximately 15,000 customers on water (but not sewer) and approximately 13,000 customers on sewer (but not water). Therefore, under the alternative scenario, the rates could be viewed as unfair to those who do not receive all utility services. Committee members spoke against the alternative scenario and favored the original rate proposal. V. ADJOURNMENT There being no further business to come before the Committee, the meeting adjourned at 6:55 p.m. APPROVED the ______ day of April, 2012. ______________________________ _____________________________ John Partridge, Chair Danielle Daskam, City Clerk Page 4 of 4 FN.1 AGENDA BILL APPROVAL FORM Agenda Subject: April 11, 2012 Date: April 12, 2012 Department: Administration Attachments: April 11, 2012 Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Wagner Staff: Meeting Date:April 16, 2012 Item Number:CC.1 AUBURN * MORE THAN YOU IMAGINEDCC.1 CC.1 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the April 2, 2012 Regular Meeting Date: April 10, 2012 Department: Administration Attachments: minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:April 16, 2012 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A City Council Meeting April 2, 2012 - 7:30 PM Auburn City Hall MINUTES Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER A. Flag Salute Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. and led those in attendance in the Pledge of Allegiance. B. Roll Call Councilmembers present: Rich Wagner, Nancy Backus, Bill Peloza, Largo Wales, Wayne Osborne, and John Holman. Councilmember John Partridge was excused. Department directors and staff members present: City Attorney Daniel B. Heid, Assistant Police Chief Bob Karnofski, Economic Development Manager Doug Lein, City Engineer Dennis Selle, Planning and Development Director Kevin Snyder, Parks, Arts and Recreation Director Daryl Faber, Deputy City Clerk Shawn Campbell, and City Clerk Danielle Daskam. C. Announcements, Appointments, and Presentations 1. Auburn Little League Mayor Lewis and Deputy Mayor Backus recognized Washington Elementary student and Auburn Little League member Sebastian Snitily in attendance this evening. Sebastian was recently hospitalized with bacterial meningitis, a life threatening disease. He was released from the hospital the day before Saturday's opening day of Auburn Little League season. At opening day, Sebastian received the first pitch ball to commemorate his recovery and his return to Little League. Mayor Lewis and Deputy Mayor Backus signed Sebastian's baseball as a keepsake. Sebastian was accompanied by his mother, Tracy, and friend Tim. 2. Proclamation - National Poetry Month Mayor Lewis to proclaim April 2012 as National Poetry Month. Mayor Lewis read and presented a proclamation declaring the month of April 2012 as National Poetry Month in the city of Auburn to Poet Laureate Dick Brugger, Leila Brugger and Marjorie Rommel. Mr. Brugger read two of his poems, In the Eyes of the Beholder and The Tiber. 3. Proclamation - Volunteer Week Mayor Lewis to proclaim April 15-21, 2012 as Volunteer Week in the Page 1 of 6 CA.A city of Auburn. Mayor Lewis read and presented a proclamation declaring April 15-21, 2012 as Volunteer Week in the city of Auburn to Parks, Arts and Recreation Director Daryl Faber. Mayor Lewis urged all citizens to honor volunteers for their contributions to the community. 4. Proclamation - Arbor Day Mayor Lewis to proclaim April 3, 2012, as Arbor Day in the city of Auburn. Mayor Lewis read and presented a proclamation declaring April 3, 2012 as Arbor Day in the city of Auburn to Parks, Arts and Recreation Director Daryl Faber. D. Agenda Modifications There was no change to the agenda. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings No public hearing was scheduled for this evening. 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. Rollyn Kidd, 210 13th Street SE, Auburn, WA Mr. Kidd suggested that the City pursue the installation of nets on the railroad overpasses to prevent pigeons from resting on the overpass. Mr. Kidd also reported that the garbage cans at the transit center are routinely overflowing. Mr. Kidd commended the Parks Maintenance crews for their work in removing the storm debris from the parks. Elam Anderson, 301 23rd Street SE, Auburn, WA Mr. Anderson requested a copy of Auburn's financial statements. C. Correspondence There was no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Peloza reported the Municipal Services Committee met March 26, 2012. The Committee reviewed Resolution No. 4809 approving a King Conservation District grant for the Auburn International Farmers Market. The Committee also discussed the cemetery, street median maintenance, and red light photo Page 2 of 6 CA.A enforcement signage. The next regular meeting of the Municipal Services Committee is scheduled for April 9, 2012 at 3:30 p.m. B. Planning & Community Development Chair Backus reported the Planning and Community Development Committee met March 26, 2012. The Committee received a presentation on transit oriented communities and discussed Resolution No. 4770 relating to physical address changes, use of local revitalization funds, and zoning code amendments related to real estate signs. Chair Backus reminded that the grand opening of the boardwalk at the Auburn Environmental Park will take place later this week. The next regular meeting of the Planning and Community Development Committee is scheduled for April 9, 2012 at 5:00 p.m. C. Public Works Chair Wagner reported the Public Works Committee met this afternoon at 3:30. The Committee approved right-of-way use permits for the 2012 Clean Sweep event and a hot dog cart. The Committee also discussed real estate sign regulations, utility rate adjustments, capital projects status, and the Committee's activities matrix. The next regular meeting of the Public Works Committee is scheduled for April 16, 2012 at 3:30 p.m. D. Finance Vice Chair Holman reported the Finance Committee met this evening at 5:30. The Committee reviewed claims vouchers in the amount of $2.4 million and payroll vouchers in the amount of $1.4 million. The Committee approved Resolution No. 4809 relating to a grant from the King Conservation District. The Committee also reviewed the January financial report, travel and city credit card use, and the utility rate study. The next regular meeting of the Finance Committee is scheduled for April 16, 2012 at 5:30 p.m. E. Les Gove Community Campus The next meeting of the Les Gove Community Center Committee is scheduled for April 11, 2012 at 5:00 p.m. F. Council Operations Committee Deputy Mayor Backus reported the Council Operations Committee met this evening at 5:00. The Committee approved Ordinance No. 6405 relating to duties of the Mayor. The Committee also discussed the Council rules and procedures, the order of business for Council meetings, and planning for the retreat, which will be focused on economic development and visioning. The next regular meeting of the Council Operations Committee is scheduled for May 7, 2012 at 5:00 p.m. IV. REPORTS At this time the Mayor and City Council may report on significant items Page 3 of 6 CA.A associated with their appointed positions on federal, state, regional and local organizations. A. From the Council Councilmember Wales reported that she attended the Auburn Area Chamber of Commerce luncheon at Emerald Downs. Councilmember Wales also reported that she assisted in authoring four letters to the United States Congressional members in support of Community Development Block Grants and education. Additionally, Councilmember Wales attended a City utility billing workshop, a fund raiser for Jerry's Wheels, the Municipal Services Committee meeting, the Puyallup River Watershed Council meeting, a Puget Sound Regional Council workshop for newly elected officials, and a Suburban Cities Association workshop. Councilmember Peloza reported on work of the King County Solid Waste Management Advisory Board relating to the interlocal agreement with King County and the rate study. Councilmember Peloza reminded the public of the availability of the National League of Cities prescription discount program and the opening of the Auburn International Farmers Market scheduled for Sunday June 10, 2012. Councilmember Peloza also reported on his attendance at the King County Water Pollution Abatement Advisory Committee meeting and a Community Emergency Response Team graduation where he delivered certificates of completion to twenty-four graduates. Deputy Mayor Backus wished a happy retirement to former Deputy City Clerk Cathy Richardson and welcomed new Deputy City Clerk Shawn Campbell. Deputy Mayor Backus reported that she provided the oath to two new police officers, Barbara-Lee Palmer and Jason Schultz. Deputy Mayor Backus reported on her attendance at the Young Life fund raiser at Green River Community College, the Auburn Little League grand opening, the 2012 Career Conference sponsored by the Auburn Area Chamber of Commerce, a meeting with the Muckleshoot Tribal Council, and senior project presentations at Auburn Mountainview High School. Councilmember Osborne reported on his attendance at the Auburn Area Chamber of Commerce luncheon, the Foothills Friends of Scouting breakfast where the guest speakers were Mayor Lewis and King County Executive Dow Constantine, senior project presentations at Auburn Mountainview High School, a Puget Sound Regional Council workshop for newly elected officials, and a Suburban Cities Association workshop. B. From the Mayor Mayor Lewis reported briefly on his attendance at the Foothills Friends of Scouting breakfast, opening day for Auburn Little League, a meeting with the Muckleshoot Tribal Council, DARE graduations, and the upcoming special election on April 17th on the Auburn Transportation Benefit District's ballot issue to fund arterial street improvements. Page 4 of 6 CA.A 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 March 19, 2012 Regular Meeting B. Claims Vouchers (Partridge/Coleman) Claims check numbers 412223 through 412570 in the amount of $2,463,321.93 and dated April 2, 2012. C. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 532774 through 532810 in the amount of $270,726.18 and electronic deposit transmissions in the amount of $1,204,295.32 for a grand total of $1,475,021.50 for the pay period covering March 15, 2012 to March 28, 2012. Deputy Mayor Backus moved and Councilmember Wagner seconded to approve the Consent Agenda. The Consent Agenda consists of claims vouchers in the amount of approximately $2.4 million and payroll vouchers in the amount of approximately $1.4 million. MOTION CARRIED UNANIMOUSLY. 6-0. VI. UNFINISHED BUSINESS There was no unfinished business. VII. NEW BUSINESS There was no new business. VIII. RESOLUTIONS A. Resolution No. 4809 (Peloza/Faber) A Resolution of the City Council of the City of Auburn, Washington, authorizing the acceptance of a grant from King Conservation District and authorizing the Mayor and City Clerk to execute the necessary agreements to accept said funds Councilmember Peloza moved and Councilmember Osborne seconded to adopt Resolution No. 4809. Resolution No. 4809 accepts a $20,000 grant from the King Conservation District for the Auburn International Farmers Market marketing and promotion. MOTION CARRIED UNANIMOUSLY. 6-0. IX. ADJOURNMENT Page 5 of 6 CA.A There being no further business to come before the Council, the meeting adjourned at 8:23 p.m. APPROVED the ______ day of April, 2012. _______________________________ ________________________________ Peter B. Lewis, Mayor Danielle Daskam, City Clerk Page 6 of 6 CA.A AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers Date: April 10, 2012 Department: Finance Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve the claims vouchers as part of the Consent Agenda. Background Summary: Claims check numbers 412571 through 412961 in the amount of $ 4,059622.34 and dated April 16, 2012. Reviewed by Council Committees: Finance Councilmember:Partridge Staff:Coleman Meeting Date:April 16, 2012 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers Date: April 10, 2012 Department: Finance 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 532811 through 532848 in the amount of $835,610.75 and electronic deposit transmissions in the amount of $1,178,772.47 for a grand total of $2,014,383.22 for the pay period covering 03/29/12 to 04/11/12. Reviewed by Council Committees: Finance Councilmember:Partridge Staff:Coleman Meeting Date:April 16, 2012 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1121 Date: April 10, 2012 Department: Public Works Attachments: Budget Status Sheet Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council approve Change Order No. 2 in the amount of $75,000 to Contract No. 11- 25 for work on Project No. CP1121, 2011 Local Street Pavement Preservation Phase 2. Background Summary: The 2011 Local Street Pavement Reconstruction Project - Phase 2 is the second and final phase of the 2011 Save Our Street (SOS) program. This project is reconstructing 0.5 miles of local streets and overlaying 0.1 miles of local streets as shown on the attached map. This street work is funded by the 103 (Local Street) Fund. This project is also replacing undersized water mains; upgrading storm drainage lines; and replacing a damaged sanitary sewer line as shown on the attached map. This utility work is funded by the respective utilities. Change Order No. 2 includes the following items of work: 1.Replacement of the existing 6-inch waterline on 6th Pl NE with a new 8-inch waterline. The existing waterline is undersized, over 40 years old, and made of cast iron material that is susceptible to breaking during the construction of the other improvements already planned for the street. 2.The installation of geotextile fabric and a layer of larger aggregates on 3rd St SW to help stabilize the poor soil conditions found to exist under the existing pavement. A project budget contingency of $217,539 remains in the 103 (Local Street Pavement Preservation) Fund. A project budget contingency of $18,232 remains in the 430 (Water) Fund. A project budget contingency of $31,787 remains in the 431 (Sewer) Fund. A project budget contingency of $174,128 remains in the 432 (Storm) Fund. O4.9.2 Reviewed by Council Committees: AUBURN * MORE THAN YOU IMAGINEDCA.D Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:April 16, 2012 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINEDCA.D Project No: CP1121 Project Title: Project Manager: Seth Wickstrom Initiation/Consultant Agreement Initiation Date: _December 6, 2010_______ Permission to Advertise Solicitation Date: _December 2, 2011_____ Contract Award Award Date: __Janurary 3, 2012________ Change Order Approval Contract Final Acceptance Funding Prior Years 20112012 2013 Total 103 Fund - Local Street Pavement Preservation 1,021,0001,021,000 430 Fund - Water (Funds budgeted for CP1121)266,900266,900 430 Fund - Water (A portion of the 2012 Street Utility Improvements budget)75,00075,000 431 Fund - Sewer (A portion of the 2012 Street Utility Improvements budget)115,000115,000 431 Fund - Sewer (A portion of the CP0921 - Biannual Sewer Repair/Replacement project budget. Used for the F and 4th St SE sewer replacement work) 65,00765,007 432 Fund - Storm (Funds budgeted for CP1121)425,400425,400 Total 001,968,3071,968,307 ActivityPrior Years20112012 2013 Total Design Engineer - City Costs*- - Construction Contract Bid 1,301,474 1,301,474 Change Order No. 1 (to replace damaged sewer pipe in the F and 4th St SE intersection) 65,007 65,007 Change Order No. 2 (to replace the waterline on 6th Pl NE and install geotextile fabric and a layer of larger aggregates on 3rd St SW) 75,000 75,000 Authorized Contingency 65,140 65,140 Construction Engineering - City Costs*20,000 20,000 Total 001,526,62101,526,621 *City staff costs for street design and construction are not charged against the project budget and are not shown here. Prior Years 20112012 2013 Total **103 Funds Budgeted ( )00(1,021,000)0(1,021,000) 103 Funds Needed 00803,461803,461 *103 Fund Project Contingency ( )00(217,539)0(217,539) 103 Funds Required 00000 Prior Years 20112012 2013 Total **430 Funds Budgeted ( )00(341,900)0(341,900) 430 Funds Needed 00323,668323,668 **430 Fund Project Contingency ( )00(18,232)0(18,232) 430 Funds Required 0 0 0 0 0 Prior Years 20112012 2013 Total **431 Funds Budgeted ( )00(180,007)0(180,007) 431 Funds Needed 00148,220148,220 **431 Fund Project Contingency ( )00(31,787)0(31,787) 431 Funds Required 0 0 0 0 0 Prior Years 20092010 Future Years Total **432 Funds Budgeted ( )00(425,400)0(425,400) 432 Funds Needed 00251,273251,273 **432 Fund Project Contingency ( )00(174,128)0(174,128) 432 Funds Required 0 0 0 0 0 ** ( # ) in the Budget Status Sections indicates money the City has available. 432 Storm Budget Status BUDGET STATUS SHEET 2011 Local Street Pavement Reconstruction - Phase 2 Date: April 9, 2012 The "Future Years" column indicates the projected amount to be requested in future budgets. 431 Sewer Budget Status 103 Local Street Budget Status Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) 430 Water Budget Status Page 1 of 1 CA.D CA.D AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6405 Date: April 10, 2012 Department: Administration Attachments: Ord 6405 Budget Impact: $0 Administrative Recommendation: City Council introduce and adopt Ordinance No. 6405. Background Summary: It has long been the practice of mayors of the City of Auburn to participate in the role of agenda preparation for the meetings of the City Council and Council Committees. Additionally, provisions specifically identifying mayoral responsibilities for agenda preparation is set forth in Section 2.03.100 ACC. As initially provided, that section stated that the Mayor or the mayor's designee shall be responsible for the preparation of agendas for the meetings of the council and of the various boards, commissions and committees of the city, and for including in those agendas the items and issues appropriate for consideration by the council and the various boards, commissions and committees of the city. However, in order to accommodate the flow of business from the various Council Committees, it would be appropriate to clarify that for agenda preparation of items coming from (through) Council Committees, the items to be included in future agendas would include in those agendas the items and issues "forwarded by the various council committees," in addition to those items proposed by the Mayor and City administration. A3.6 Reviewed by Council Committees: Council Operations Committee Councilmember:Backus Staff:Heid Meeting Date:April 16, 2012 Item Number:ORD.A AUBURN * MORE THAN YOU IMAGINEDORD.A ORDINANCE NO. 6 4 05 AN ORDINANCE OF THE CITY COUNCIL OF THECITY OF AUBURN, WASHINGTON, AMENDING SECTION 2.03.100 OFTHE AUBURNCITYCODE, RELATING TO DUTIES OF THEMAYOR WHEREAS, the provisionsof Chapter 2.03 the Auburn City Code (ACC) include language that identifies the variousstatutory and administrative duties of the mayor; and WHEREAS, implicit among those duties, and implemented in past and long standing practice, though not expressly stated among those duties, is the preparation of meeting agendas, includingscheduling and publishing notices for publichearings of for the City Council and the various boards, commissions and committees of the City, except where required to be scheduled by Resolution of the City Council; and WHEREAS, in order to clarify any questions about such authority, it is appropriate to expressly identify theagenda and meeting duties' of theMayor, amending Section 2.03.100 of the City Code. NOW, THEREFORE, THE CITY COUNCIL OF THECITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: SECTION ONE. AMENDMENT TO CODE SECTION. That Section 2.03.100 of the Auburn CityCode is amended toread as follows: 2.03.100 Meeting coordination duties. The mayor . or the mayor's designee shall be responsible for the preparation of agendas for themeetings-of thecouncil and of the various boards, - commissions and committees of thecity, and for including in thoseagendas the items and issues appropriate forwarded by the various council committees, and forincluding in those agendas the items and issues proposed by the mayor and city administration, for consideration by the council- The mayor or themayor's designee shallalso be responsible for publishingnotices for meetings and for public hearings for the meetings of the council and the various boards, commissions Ordinance No. 6405 March 8, 2012 Page 1 ORD.A and committeesof thecity, and for setting the dates and times for said public hearings, except in those instanceswhensetting dates and times for public hearings is required by statute to be done through council resolution. (Ord. 5761 1, 2003.) SECTION TWO. GENERALSEVERABILITY. That if anyprovision of this Ordinance or the application thereof to anyperson or circumstance is heldto be invalid, the remainderof such code, ordinance or regulation or theapplication thereof toother person or circumstances shall notbe affected. SECTION THREE. IMPLEMENTATION. That the Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry outthe directives of this legislation. SECTION FOUR. EFFECTIVE DATE. That this Ordinance shall be in full force and effect five (5) days afterpublication of the OrdinanceSummary. ATTEST: Danielle E. Daskam, CityClerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney PUBLISHED: Ordinance No. 6405 March 8, 2012 Page 2 INTRODUCED: PASSED: APPROVED: PETER B. LEWIS, MAYOR ORD.A AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6406 Date: April 10, 2012 Department: Planning and Development Attachments: Ord 6406 Exhibit A DNS Budget Impact: $0 Administrative Recommendation: City Council introduce and adopt Ordinance No. 6406. 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 related 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 beyond what 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. On March 6, 2012 the Planning Commission held a public hearing on the proposed code amendments. At the close of the public hearing the Planning Commission made a recommendation to the City Council for adoption of the proposed code amendments. On March 26, 2012, the Planning and Community Development Committee reviewed the Planning Commission's recommendation and recommended approval of Ordinance No. 6406 to the City Council. The Public Works Committee reviewed the draft ordinance at its April 2, 2012 regular meeting and had no substantive changes or concerns. Ordinance No. 6406 will continue the regulations established by the interim zoning controls for one additional year until April 21, 2013, unless extended by the City Council through separate ordinance action. AUBURN * MORE THAN YOU IMAGINEDORD.B Attachments: Ordinance No. 6406 Exhibit A - Staff Report and SEPA DNS O3.4.2.1.2 Reviewed by Council Committees: Planning And Community Development, Public Works Other: Planning Commission, Legal Councilmember:Backus Staff:Snyder Meeting Date:April 16, 2012 Item Number:ORD.B AUBURN * MORE THAN YOU IMAGINEDORD.B ORDINANCE4NO. 6 4 06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF, AUBURN, ,WASHINGTON, EXTENDING AND AMENDING CHAPTER 18.56 OF THE AUBURN CITY CODE, RELATING TO THE REGULATION OF THE ALLOWANCE, DIMENSIONS AND LOCATION OF SIGNS WHEREAS, on February 6, 2006, theAuburn City Council adopted Ordinance No. 5993, revising and amending the City of Auburn Sign Code; and WHEREAS, 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 relate to the sale, lease, or rent of residential and non - residential development properties; and WHEREAS, Ordinance No. 6360was developed in response to multiple requests from developers and owners of residential andnon - residential real property in the City seekingauthorization 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. TheOrdinance's key purpose was to assist in local economic development associated with the sale and development of residential andnon - residential property in the City; and WHEREAS, the City Council continues to find that current economic situations warrants reconsideration of existing regulations related to residential and non - residential real estate signs and , that the nature and impactof the Ordinance No. 6406 March, 21, 2012 Page 1 of 26 ORD.B current economic situationsnecessitatethe temporary allowance of residential andnon- residential real estate signsnot currently allowed under existing City Code subject to compliance with standards and procedures . specified herein; and, WHEREAS, thePlanning Commissionconducted a duly noticed work study session on January 4, 2012 and February 7,-2012 in order to fully consider all the . options and alternatives for such regulations, andto fully investigate and review all of the factors involved in developing appropriate regulation of different sizes and types of residential andnon - residential real estate signs; and WHEREAS, following proper notice, the City of Auburn Planning Commission held a public hearing on March 6, 2012, on the proposedcode amendments to regulate the allowance, dimensions, and location of real estate signs; and WHEREAS, after fully considering the testimony and information presented at the public hearing, the Planning Commission made its recommendationsfor code amendments to theCity of Auburn City Council; and WHEREAS, in its deliberations of the proposed text amendments to the Auburn Sign. Code, the City of Auburn Planning Commission considered and recommendedto the City Council that, the provisions of the Interim Sign Code remain in effect until April 22, 2013, and thereafter theinterim sign code be superseded and replaced with the Sign Code it replaced as adopted by Ordinance No. 5993 and 6403; and Ordinance No. 6406 March 21, 2012 Page 2 of 26 ORD.B WHEREAS, the City Council has reviewed and considered thePlanning Commissionrecommendations. NOW, THEREFORE, THECITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. EXTENSION OF INTERIMSIGN CODE. That Chapter 18.56 of the Auburn City Code, the City of Auburn "Interim" Sign Code, as adopted in Ordinance No. 6360 on April 18, 2011, as amended by Ordinance No. 6403, adopted on February 21, 2012, be and the same hereby is extended and shall remain in full force and effect until April 22, 2013, reading as follows: Chapter 18.56 SIGNS Sections: 18.56.010 Intent. 18.56.020 Definitions. 18.56.025 Real estate signs. 18.56.030 Generalprovisions, all districts. 18.56.040 Regulation by district. 18.56.050 Administrative provisions. 18.56.060 Deviations, variances and appeals. 18.56.070 Liability. 18.56.080 Conflicts repealed. 18.56.010 Intent. The overall purpose of this chapter is to enhance and maintain the aesthetic character, to promote the public health, safety and general welfare, andto increase the effectiveness of visual communication in the city. This chapter is also intended to avoid visual clutter that may adverselyimpact traffic and pedestrian safety, or be adverse to property values, business opportunities and the city's appearance andto prevent and abatepublicnuisances. The purposeofthis chapter is implemented by controllingthe construction, location, useand maintenance of all signs and sign structures. It is alsothe intent of this chapter to afford noncommercial speech the same or greater protection afforded commercial speech and to not regulatenoncommercial speechto a stricter standardthan commercial speech. This chapter is further intended to support local businesses in the city and the city's overall economy by Ordinance No. 6406 March 21, 2012 Page 3 of 26 ORD.B providing additional and increased opportunities for the useand siting of temporary and portable signage subject to conditions, including but not limited to time, size, location and placement. (Ord. 6403 § 1, 2012, Ord. 6353 § 1, 2011; Ord. 6327 § 1, 2010; Ord. 6263 § 1, 2009; Ord. 5993 § 1, 2006; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987.) 18.56.020 Definitions. Thefollowing definitions are specific tothis chapter and are to be usedonly for the implementation ofthis chapter: A. "Animated sign" means any sign that flashes or simulates motion with an electronic or manufactured source ofsupply or contains wind - actuated 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 theprimaryidentification 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, commercial or otherwise, unrelated tothe use or activity on the property on which the sign is located and /or to any use or activity in the immediate area (such as is thecasewith an off - premises sign) and which is customarily leased for commercial purposes. The approximate size of thebillboard faces range from 12 to 14 feet in height and 24 to 48 feet in width. D. "Changing message center" means an electronically controlled message centerthat displays different copy changes on the same lamp bank. E. "Directional sign" means a sign which is locatedto guide or direct pedestrian or vehicular traffic to parking entrances, exits, and serviceareas, andmay not exceed six square feet in areaor 10 feet in height. For projects that have parking lots in excess of 500 spaces, the sign areamay be 10 square feet and the signheight 15 feet. F. "Double -faced sign" means a sign with two faces. G. "Electrical sign" means a sign or sign structure in which electrical wiring, connections, and /or fixtures areused as part of the sign proper. H. "Facade" means the entirebuilding front, or street wall face, including grade to thetop of the parapet oreaves, and theentire width of the building elevation. I. "Flashing sign" means an electrical sign or a portion thereof which changes light intensity ina sudden transitory burst, or which switches on and off in a constant pattern in which more than one -third of the nonconstant light source is off at any one time. J. "Freestanding sign" means a sign that meets the definition of "ground sign" (also commonly referred to as a monument sign), or pole sign." Signs attached to fences or otherstructures that are not defined as buildings will be considered freestanding signs. Ordinance No. 6406 March 21, 2012 Page 4 of 26 ORD.B K. "Frontage" means the measurement, in linear feet, of the length of theproperty line for a single- tenant building or length of leased building frontage for multitenant buildings or multibuilding complexes. L. "Grade" meansthe relative existing ground level in the immediate vicinityofthe sign. M. "Ground sign" means a sign attached to the ground and supported by the ground or a built-up landscaped area such that thesign appears solid withthe ground. The height of a ground sign shall be measured from the surroundinggrade. Also commonly referredto as a monument sign. N. "Identification sign" means a sign containing the name of the business establishment, occupant of the building or tenant space and /or addressofthe premises. O. "Incidental sign" means a sign that is generally informational and-of a noncommercial natureintendedprimarily for the convenience of the public andhaving a maximum area of two square feet.` Incidental signs include, but are not limitedto signsdesignating restrooms, hours of operation, entrances and exits to buildings and parking lots, help wanted, public telephones, etc. Also included are property 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'. means a sloped roof or roof -like facade architecturally able to be treated as a building wall. Q. "Marquee" means a permanent structure attachedto, supported, by, and projecting from a building and providing protection fromthe weather elements. For the purpose of this chapter, a freestanding, permanentroof -like structure providing protection from the elements, such as a service station gas pumpcanopy, will also be considered a marquee. The term "marquee" also includescanopy. R. "Marquee sign" means any sign which forms part of or is integrated into a marquee and whichdoesnot extendhorizontally beyond the limits of such marquee. Forthe purpose of this chapter, a marquee signwill be considered as a wall sign. S. "Median sign" means a sign that is placed withinthe median of a publicstreet. T. "Multiple- building complex" means a group of commercial or industrial structures, developed as a group either simultaneously or in phases, with more than one building perparcel. U. "Multiple- tenant 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 and /or parking facilities. V. "On- premises . sign" means a sign . which carries advertisements incidental to a lawful useof the premises on which it is located, including signs indicating the business transacted, services rendered, goods sold or produced on the premises, nameof the person, firmor corporation occupyingthepremises. Ordinance No. 6406 March 21, 2012 Page 5 of 26 ORD.B W. "Off- premises sign" meansany sign which advertises an establishment, merchandise, • service, - goods, or entertainment which is sold, produced, and manufactured, or furnished at a place other than on the property on which said sign is located. X. "Parapet" means a false front or wall extension above the roofline. Y. "Perimeter" means a square or rectangle required to enclosethe sign area. Z. "Portable sign" means anysign made ofany material, including paper, cardboard, wood ormetal, which is capable of 'being moved easily and is not permanently. affixedtothe' ground, structure 'or building. Thisalso . includes sidewalk or sandwich board signs, except those worn by a person. AA. "Premises" means the real estate as a unit, which is involved by thesign or signs mentioned-in this chapter. BB. "Projecting sign" means a sign which is attached to a structure or building wall in such a mannerthat theleadingedge extends more than 16 inches beyond thesurface of said structure or wall but does notextend more than five feet beyond theproperty line, extends no more than six inchesabove any roofline, and meets all_ standards for ground clearance. Signs that meet thedefinition of "marquee sign" or "suspended sign" will not be considered a "projecting sign." CC. "Real estate sign" means a portable sign erected kiy the owner, or theowner's agent, advertising the real estate upon which the sign is located for rent, lease or sale. DD. "Revolving ,sign means anysign that 'rotates or turns 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. Mansardroof signsshall be considered as wall signs. Roofsigns may not extend more than five feet in height above theroof. - FF. "Sign" means any visual communication device, structure, or fixture which is visible" from any right -of -way intended to aid a land use . in promoting the sale or identification of a product, good or service .using graphics, symbols, or written copy. For the purpose of this chapter, a sign shall not be considered to . be building or structuraldesign. It shall be restrictedsolelyto graphics, symbols, or written copy that is meantto be used in the aforementioned way. This definition shall include inflatable signs, balloons or othersimilar devices. GG. "Signarea" means: 1. The total area of a sign visiblefrom any one viewpoint or direction, excluding the sign support structure, architectural embellishments, or 'framework that contains no written copy, and includes only oneside of a double -faced sign. 2. Individuallettersigns 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. Ordinance: No. 6406 March 21, 2012 Page 6 of 26 ORD.B 3. Modulesignsconsisting ofmorethan one sign cabinet shall be computed by adding together thetotal area of each module. 4. Perimeter of sign' area shall be established by the, smallest rectangle enclosing the extreme `lirimits of the lettermodule or advertising message being measured. HH. "Sign height" means thevertical distance measuredfrom the adjacent gradeto the highest pointofthe sign. II. "Sign structure" meansany structure that supports or is capable of supporting any sign as defined in this chapter. A sign structure may be a single poleor may or may not bean integral part ofthe building or structure. JJ. "Single- tenant building" means a commercial buildingor structurethat contains one enterprise or occupant. Buildings 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 primaryidentification for the organization, event or productadvertised; and which are primarilyintended for short-term promotional periods. LL. "Suspended sign" means a sign that is attached to and suspended from a marquee or canopy, and subject to right -of -way and clearanceregulations. MM. "Temporary sign" means any sign or advertisingdisplay constructed ofwood, vinyl, cloth, canvas, light fabric, paper, cardboard, or other light materials, with or without frames, intendedto be displayed for a limited time only. This definition shall include inflatable signs. NN. "Traffic hazard" meansany sign which does not meetcity standards for clearzone or sight distance or which does not meet the requirementsof the Americans with Disabilities Act. 00. 'Wall sign" means a sign attached or erected parallel to and extending not `morethan 16 inchesfromthe facade or face of any building towhich it is attached and supported. through its entire length, withthe exposed faceofthe sign parallel to, theplane of . said wall or facade. 'Window signs" which do not meet thedefinition of a "temporary sign" shall be considered as wallsigns. PP. 'Window sign" means a sign locatedinside_ 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 oneor two .faces that is "eitherstationary 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 thepublic right -of -way as authorized that directs or guides persons to an establishment, merchandise, service, goods, or entertainment which is sold, produced, and manufactured, or furnished at a place otherthan on the property or public right -of -way on which said sign is located. (Ord. 6403 § 3, 2012, Ord. 6353 § 3, 2011; Ord. 6327 § 3, Ordinance No. 6406 March 21, 2012 Page 7 of 26 ORD.B 2010; Ord. 6263 § 3, 2009; Ord. 6166 § 1, 2008; Ord. 5993 § 1, 2006; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) 18.56.025 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 otherdurable material. The permitted signs are as follows: A. Residential "for sale" and "sold" signs: such signs shall be limitedto onesign perstreet frontage not toexceedfive squarefeet in signarea per side, placed entirely on the property for sale, and not to exceed a height of seven feet. B. Residential directional `open house" signs: suchsigns shall be limitedto one sign per street frontage on the premises for sale and three off - premises signs. However, if a broker /agent has more than onehouse open for inspection in a single development or subdivision, he /she is limited to four off - premises "openhouse" signs in the entire development or subdivision. Such signs are permitted only during daylight hours and whenthe broker /agent or seller or an agent is in attendance at the property for sale. No such signshallexceedfive square feet in sign area perside. The sign may be placed along theperiphery of a public right -of- way, provided it doesnot interferewith traffic safety, but it may not be attached to a utility pole or traffic safetydevice. C. Undevelopedcommercial and industrial property "for sale or rent" signs: one sign per street frontage advertising undeveloped commercial and industrialproperty for sale or for rent is permitted while the property is actually for sale or rent. The signshall not exceed 32 square feet in sign area per side and eight feet in height. D. Developed commercial and industrialproperty "for sale or rent" signs: one signper street frontage advertising a commercial or industrial building for rentor sale is permittedwhile the building is actually for rent or sale. If one face of the building is less than 10 feet fromthe building line, the signshall be placed on the building or in a window. The sign shall not exceed eight feet in height; if freestanding, it shall be located more than 15 feet from any abutting property line and a public right -of- way line. Said signshall notexceed 32 square feet in sign area per side. E. Undevelopedresidential property "for sale" signs: one signper street frontage advertisingundevelopedresidential property for sale is permitted not exceeding 32 square feet in areaper side, nor exceeding a height of eight feet. F. Additional signs: the planning and development director may grant writtenauthorization toallow temporary off - premises signs in addition to those permitted above. The size ofthese signs shall be determined by the planning and development director based on factors including butnotlimitedto surrounding land uses, sight distance and traffic safety, but in no instances shall the height of thesignexceed eight 8) feet and the totalsign face areaexceed sixty -four (64) squarefeet. Notice ofadjacent property ownersshall not be required. Such additional Ordinance No. 6406 March 21, 2012 Page 8 of 26 ORD.B signs may be used to advertise open houses, to advertiseproperties for sale, lease or rent, toprovide directions to new developments, or similar purposes. Such signs may be placedwithinthepublic right -of -way, provided they do not interfere with traffic safety, but they maynot be attached to utilitypoles or traffic safety devices. For the placement of signs within the public right -of -way, theplanning and development director shall consult with theCity Engineer, Police Chief, Risk Manager and other staff as appropriate regardingthe placement, size and number of signs that may be permissible within thepublic right -of -way and may require hold harmlessagreements or similar legal instrument prior tosign placement as a condition of authorization. The planning and development director shall determine the number and locations of suchsigns, and the period during which they may be displayed. The planning and developmentdirector shall take into account the number of existing signs in any proposed location, and may limit or prohibit newones so as to prevent a traffic safety hazardor a detrimental effect on neighboring property. (Ord. 6360 § 2, 2010; Ord. 5993 § 1, 2006.) 18.56.030 Generalprovisions, all districts. A. Community Signs. The planning, building and community director may approve and permit to be erected entrance signs, at or near the city limits, on city publicright -of -wayor on privatelyowned parcels with the owner's permission, on which may be listed institutional names, service clubs or organizations or pointsof interest or similar public information. Right -of -way use permits may be required for signs located in the public right -of -way, except as permitted by subsections (B)(1), (B)(2), or J of thissection. B. Temporary Signs. 1. Special eventsignage may be allowed in the RO, RO -H, CN, C -1, C -2, C -3, DUC, BP, LF, M -1, M -2, EP and the nonresidential used properties in the TerraceView District and the PUD- Lakeland Hills South subject to obtainment oftemporary sign permit authorization from the city and compliance withthe following as applicable: a. The area of any single signshall not exceed 30 square feet; b. Special event signs as authorized hereinshall not have the following: Illumination of any kind; ii. Strobing orblinking or flashing lights; Electricalanimation; iv. Changeablereader copy, electronic or manual; c. Special eventsignage shall not exceed themaximum heightlimitations ofthe underlying zoning district; d. Special event signsmay have spinningelementsattached to them including butnotlimited toflags orpennants or balloons or windsocks attached to them; provided, that they do not at any time constitute a traffic safety or pedestriansafety hazard; Ordinance No. 6406 March 21, 2012 Page 9 of 26 ORD.B e. Balloons and windsock special event signage shall not be authorized to be placed in the public rights -of -way or on -site landscape areas or 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 rights -of -way; provided, that placement in the public rights -of -way does not constitute a traffic safetyor pedestrian safety hazard and does not create nonconformance to the Americans withDisabilities Act; g. Flag and pennant special event signage may be authorized to be placed in on -site landscape areas and off -site on another privateparcel of land that does not containthe business or service being advertised; provided, thatplacement in on -site landscapeareasdoes not impede sight distance and that off -site placement on another property has received prior property owner authorization. • 2. Banners may be allowed in the RO, RO -H, CN, C -1, C -2, C -3, DUC, BP, LF, M -1, M -2, EP and the nonresidential used properties in theTerrace ViewDistrict and the PUD- Lakeland Hills South, subject to obtainment oftemporary signpermit authorization from the city and compliance with thefollowing: a. The area of any single banner used by a singlebusiness on a site shall not exceed 32 square feet; provided, that banners crossing roadways as approved by the city shall not exceed 120 squarefeet. b. For multitenant buildings and /or multibusiness complexes, each business shall be authorized to have a banner; provided, that the size of each banner shall be limitedto maximum of 32 square feet; provided, that banners crossing roadways as approved by the city shall not exceed 120 square feet. c. Banners as authorized hereinshallnothave the following: i. Illumination of any kind; ii. Strobing orblinkingor flashing lights; Electricalanimation; iv. Changeablereader copy, electronic or manual. d. Banner signage shall not exceedthemaximum height limitations of theunderlyingzoning district. e. Banners mayhave spinning elements attachedto them including butnot limited to flags or pennants or balloons or windsocks attached to them; provided, thatthey do not at any time constitute a traffic safety or pedestriansafety hazard. f. Bannersmay be authorized to be placed in the public rights -of -way; provided, that placement in the publicrights -of -waydoes not constitute a traffic safety or pedestrian safety hazardor does not create nonconformance tothe Americans with DisabilitiesAct. g. Bannersmay be authorized tobe placed in on -site landscape areas and off -site on another privateparcel of land that does not contain the business or service being advertised; provided, that placement in on -site landscapeareas does not impede sight distance and Ordinance No. 6406 March 21, 2012 Page 10 of 26 ORD.B that off -site placement on another property_ has received prior property ownerauthorization. C. CivicEvents. Streetbanners. may be permittedsubject to approval and installation in accordance withrules and procedures established by the city of Auburn public worksdepartment. D. Sign Lighting Provisions. 1. All lighting shall arranged to reflect away fromany residentialzone. No. person shall construct, establish, create or maintain any stationaryexterior lighting or illuminationsystem or any interior systemwhich is intended to be viewedfrom a street, highway -or other public thoroughfare used for vehicular traffic whichsystem contains or utilizes: a. Anyexposed incandescent Tamp with wattage in excess of 25 watts; b. Anyexposed incandescent Tamp with a metallicreflector; c. Any exposed incandescent lamp with an external reflector; d. Any revolvingbeacon light; e. Anycontinuous or sequential flashing operation, except as allowed for changing message center signs in subsection F of this section. 2. The provisions of subsection (D)(1) of thissection shall not apply to: a. Lighting systems owned or controlled by any public agency for the purpose of directing or controllingnavigation, traffic, or highway or streetillumination; b. Aircraft warning 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 Intern ational BuildingCode, as amended; 2. Signs containing electrical circuitry shall meet the requirements of the. National ElectricalCode and all state laws, andshall include an approvedtesting lab sticker; 3. Signs must meet vehicular sightdistance requirements established by the city engineerpursuant to the city of Auburn engineering design standards; 4. When a projectingsign is used, no angle irons, guy wires or braces shall be - visible, exceptthose that are an integral part of the overall 'design, such as decorative metals or woods, or unless they are required for safety. F. ChangingMessage Center Signs. Where permitted under this chap ter, changing ,message center signs shall comply with the followingrequirements; provided, that changing message center signs that only displaytime and temperature or similar public service information shall be exempt fromthese requirements. 1. Where Allowed. Changingmessage center signs shall only be allowed in the I, P -1, C -1, C -2, DUC; C -3, M -1 and M -2 zones. Ordinance No. 6406. March.21, 2012 Page 11 of 26 ORD.B a. In the 1 and C -1 zones, changing messagecenter signs shall only be allowed on frontages along a collector, minor or principal arterial street. b. In the I zone, no changingmessage center sign shall operate between the hoursof 10:00 p.m. and 6:00 a.m. c. In the DUC zone, changing message center signs shall only be allowed when located adjacent and oriented to Auburn Way North /Auburn Way South street frontages. (For other sign standards for the DUC zone, see ACC 18.29.060(1)). 2. Number. No morethan one changing message center sign per street frontage shall be permitted on each property. 3. Sign Face Area. Except in the 1 and P -1 zones, the changing message center shall not constitute more than 75 percent of a sign's totalsign face area. 4. Display. a. Thedisplay ofthe sign shall not change more rapidlythan onceevery one andone -half seconds. b. No scrollingmessage 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 timesallow such monitors to automaticallyadjust the brightness level of the sign based on ambient light conditions. b. At no time shall a changingmessage center sign be operated at a brightness level greater than the manufacturer's recommended levels. c. All lighting shall be arranged to reflect away from any residential zone. The director shall have the authority torequire a sign permitapplication to include information to ensurethe intentof this requirement is met. d. The brightness level shall notexceed 8,000 nits when measured fromthe sign's face at its maximumbrightness during daylight hours and 500 nits whenmeasured fromthe sign's face at its maximum brightness betweendusk anddawn. 6. On- Premises Advertising Only. Changingmessage center signs shallonly advertise on- premises products and services, or display public service messages or messages on behalfof not - for - profit organizations. 7. Additional Requirements. A copyofthe manufacturer's operating manual shall be provided to thecity upon request. 8. Amortization. All changingmessage center signs that do not comply with therequirements of subsections (F)(4) and (5) ofthis section shall be brought into compliance with those requirements by April 1, 2009. G. Change ofCopy. The holderof a permit, for theduration thereof, shallhave theright to changethe advertising copy on the Ordinance No. 6406 March 21, 2012 Page 12 of 26 ORD.B structure or sign for whichthepermit was issued without being required to pay anyadditional fees. H. Exemptions. Unless otherwise specified or unless expressly prohibited, it is not the intent of this chapter toregulatethe following signs: 1. The flag of government or noncommercial institutions such as schools, with the poles treated as structures; 2. Officialpublicnotices, official courtnotices; 3. Incidental signs (see ACC 18.56.020(0), Definitions); 4. Signs not visible from public right -of -way; 5. Lettering or symbols painted directly ontoor flush- mounted magnetically onto an operable vehicle; 6. ' Painting, repainting, cleaning, repairing, and other normal maintenance unless structural or electrical changes are made; 7. Religioussymbols not attachedto a permitted sign; 8. Meniorial signs or tablets, namesof buildings, dates of erection and the like, which are incorporated into thebuilding material and facade; 9. Signsrequired by law, traffic or pedestrian control signs, signsindicating scenic or historic points of interest, which are erected by or on the order of a public officer in the performance of his or herpublic duty; 10. Sculptures, fountains, mosaics, and design features which do not incorporate advertising or identification; 11. Temporary signs limited exclusively to noncommercial speech. I. Portable signs shall be allowed in the RO, RO -H, CN, C -1, C -3, BP, LF, M -1, M -2, EP andthe 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 thefollowing as applicable: 1. Forsingle- tenant buildings and /or sites, one portable sign shall be allowedper building or property frontage, as applicable. 2. Each business in a multitenant building and /or multibuildingcomplex shall be limited to-a maximumof one portable sign. 3. For multitenant buildings and /or multibuilding .complexes that propose toplace one or more portablesignswithin the on -site landscaped areaat the intersection of twopublic or privatestreets or at a drivewayintersection with a public or private street, compliance to the city's minimum sight distance requirements shall be maintained at all times. 4. For multitenant buildings and /or multibuildingcomplexes that propose to place oneormore portablesigns along theproperty street frontage of a public or private street, the total number of allowable portable signsalongsaid frontage shall be limited as follows to reducethe visual and aesthetic impacttothe city: Ordinance No. 6406 March 21, 2012 Page 13 of 26 ORD.B a. Zero through 25 lineal feetof public or private street frontage equals one portable sign every three lineal feet of streetfrontage up to a maximum of three signs at any given time. b. Twenty -six through 50 lineal feet of public or private street frontageequals one portable sign every three lineal feet of streetfrontage up to a maximum of four signs at any giventime. c. Fifty -one through 75lineal feet of public or privatestreet frontage equals one portablesignevery three lineal feet of streetfrontage upto a maximum of fivesignsat any giventime. d. Seventy -six through 100 lineal feet of public or private street frontage equals one portable sign every three lineal feet ofstreet frontage up to a maximum of six signs at any given time. e. One hundred through 125 lineal feetof public orprivate street frontage equals one portable sign every three lineal feet of street frontage up to a maximum ofsevensigns at any given time. f. One hundred twenty -six through 150 lineal feet of public or private street frontage equals oneportablesign every three lineal feetof streetfrontage up to a maximumof eight signs at any given time. g. One hundredfifty -one through 175 lineal feet of public or private street frontage equals one portable sign every three lineal feet of street frontage up to a maximumof nine signs atany giventime. h. One hundredseventy -six lineal feet and greaterof public or private streetfrontageequals one portable sign every three lineal feet of street frontage up to a maximumof 10 signs at any given time. i. Theplanning director shall have the discretionary authority to authorize additional portable signs along a public or privatestreet frontage when in his or her determination such allowance will not substantively impactthevisual and /or aesthetic impact tothe 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 ofany kind; b. Strobing orblinkingor flashing lights; c. Electricalanimation; d. Changeablereader copy, electronic or manual. 7. Portable signs mayhave spinning elements including but not limitedto flags or pennants or balloons or windsocks attached to them; provided, that they donot at any time constitute a traffic safety or pedestrian safety hazard. 8. Portablesigns advertising a business or service not located on thesamesite shall be allowed to be located off -site fromthe businessorservice being advertised; provided, that prior property owner authorization has been obtained by said business operator or service provider. Ordinance No. 6406 March 21, 2012 Page 14 of 26 ORD.B 9. Each portable sign shallhave a maximum total signsize of 36 inches in height and 30 inches in width and be limited to two faces. 10. Portable signs shall be allowed in thepublic right -of -way; provided, that any and all signs are not placed within vehicle travel lanes or improved /unimproved vehicle shoulder areasor bicycle lanes, are not placed in front of or blockaccesstomarked bus transit stops, do not interfere withor impedepedestrian traffic or crossings and do notcreate nonconformance to the Americans with Disabilities Act. J. Off - premises directional signs shall be allowed in the RO, RO -H, CN, C -1, C -2, C -3, DUC, BP, LF, M -1, M -2, EP, and the nonresidential used properties in the TerraceViewDistrict and the PUD- Lakeland Hills South subject to obtainment oftemporary sign permit authorization from thecity and compliance with thefollowing as applicable: 1. Off - premises directionalsigns as authorized herein shall not have the following: a. Illumination of any kind; b. Strobing or blinking or flashing lights; c. Electrical animation; d. Changeablereader copy, electronic or manual. 2. Off - premisesdirectional signs may have spinningelements including butnotlimited to flags or pennants or balloons or windsocks attached tothem; provided, that they do not at any timeconstitute a traffic safety or pedestrian safety hazard. 3. Off - premisesdirectional signs may be authorized to be placed in thepublicrights -of -way; provided, that placement in thepublic rights -of -way does not constitute a traffic safety or pedestriansafety hazard and doesnotcreate nonconformance to the Americans with Disabilities Act. 4. Off - premisesdirectional signs may be authorized to be placed in on -site landscapeareas, or off-site on another private parcelof land that does not contain thebusiness or service being advertised; provided, that placement in on -site landscape areasdoes not impede sight distance and that off-site placement on another property has received prior property owner authorization. 5. Off- premisesdirectionalsigns shall not be located in one or more existing parking spaces on a development site. 6. Off - premisesdirectional signs shallhave 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 othersupport and a maximum of two sign faces. K. ProhibitedSigns. From and after theeffective dateof the ordinance codified in this chapter, it shall be unlawful for any person to erect or placewithinthe city, except as otherwiseauthorized: 1. A swinging projecting sign; 2. Portablesigns, except as permitted by ACC 18.56.025 Real estate signs), 18.56.040(E) (C -2 District) and subsections (I)(1) through (10) of this section; Ordinance No. 6406 March 21, 2012 Page 15 of 26 ORD.B 3. Banners, pennants, ribbons, streamers, spinners, rotating or blinking lights, strings of lights, or similardevices, except as permitted by subsection B of this section (Temporary Signs); 4. Flashingsigns, except as permitted in subsection D ofthis section (SignLighting Provisions); 5. Changing message center signs, except as allowed in the I, P -1, C -1, C -2, C -3, M -1 and M -2 zones; 6. Signsattached to, orplaced on, a vehicle or trailer parked on private or public property that is not associated withthebusiness advertised on said sign(s). Thisprovision is not to be construed as prohibiting the identification of a firmor its principal products on a vehicle used in the normal course of business. Thisdoes not include automobile for sale signs or signsattached tofranchised buses or taxis; 7. Privatesigns placed in or on a public right -of -way, except for as expressly permitted by this chapter; 8. Any sign which constitutes a traffic 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 fromthe visibility of any official traffic control device by diverting or tending to divert theattention 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 pedestrians by glare or methodof illumination or constitutes a hazard to traffic. No sign may use words, phrases, symbols or characters in such a manner as tointerfere with, mislead, or confuse traffic; 9. Any sign or advertisingstructure or supportingstructure that is torn, damaged, defaced or destroyed; 10. Signs attached to poles installed by governmental agencies, utilitypoles, trees, rocks or other natural features; 11. Signs attached to benches, garbage cans, or other street furniture located within the publicright -of -way; 12. Rotating signs; 13. Billboards; 14. Any sign whichdoes not structurally or materially conform to therequirementsof thecity's adopted International BuildingCode. L. Nonconforming Signs. Permanent signs established legally prior to theadoption of the ordinance codified in this chapter that do not conform to the regulations ofthis chapter with regard to number, size, height or locationshall be allowed toremain as legal nonconforming signs except as follows: 1. Whenever a newbuilding replaces the principal building. 2. Whenthere is an expansion of an existing building, the requirementsof thissection shall apply only if there is an increase in floor area of 25 percent or more (including thecumulativeincrease of previous expansions after the effectivedate of the ordinanceamending this section). 3. Whenever a nonconforming use is replaced by a conforming use, therequirements ofthis section shall apply in full to the Ordinance No. 6406 March 21, 2012 Page 16 of 26 ORD.B 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 longeradvertises a bona fidebusinessconducted or a product sold. Such sign(s) shall be taken down and removed by the owner, agent or person having the beneficial use of the land, buildingor structure upon which such signmay be found within 90 days after written notification from the buildingofficial. M. Master Sign Plans Authorized. The planning, building and community director has the authority to require a master sign plan to ensure a consistent and coordinatedsignage scheme for development proposals. In approving master signplansunderthe provisions of this subsection, the director has the authority to approvesignage schemes that allow for signs greater in area and height thanallowed in the particular zone in which the development is locatedwhen a coordinated signagescheme 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 ina safe, neat, clean and attractive condition. Failuretomaintain a sign(s) in accordance withthis subsection shall be subject tothecode compliance provisions of the Auburn City Code. (Ord. 6403 § 5, 2012, Ord. 6353 § 5, 2011; Ord. 6327 § 5, 2010; Ord. 6287 § 2, 2010; Ord. 6263 § 5, 2009; Ord. 6166 § 2, 2008; Ord. 5993 § 1, 2006; Ord. 5342 § 2, 2000; Ord. 4705 § 2, 1994; Ord. 4229 § 2, 1987.) 18.56.040 Regulation by district. A. R -R, R -S, LHRS, R -1, LHR1, R -2, LHR2, R -3, LHR3, R -4, LHR4, R -MHP, LHRMHP ZoningDistricts (Nonresidential Uses, Except asNoted). 1. Residential entry monument: A cumulative area of 50 square feetor 10 feet in height (highest point of sign structure) not to exceedtwoper 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 twototal freestanding signs per property. b. Maximumheight: 10 feet. c. Maximumarea: 32 square feet perface, calculated at a rate of one square foot of sign area for every three lineal feet of frontage. Theminimum entitlement for freestanding signs shall be one 16- square- foot sign for those sites with frontages Tess than 48 feet. 4. WallSigns (for Buildingor Tenant Space). a. Total number permitted: one per frontage notto exceed two total wall signsperbuilding. b. Maximum area: 32 square feet, calculated at a rate of one square foot of sign area for every three lineal feet of frontage. The Ordinance No. 6406 March 21, 2012 Page 17 of 26 ORD.B minimum entitlement for wallsigns shall be one 16- square -foot sign for those sites with frontages Tess than 48 feet. 5. Signs may be indirectlyilluminatedonly. B. RO, RO -H, C -N, C -1, LHC1, BP Zoning Districts Nonresidential Uses). 1. Maximum sign area of all signs is 150 square feet per frontage. 2. Freestanding Signs. a. Total number permitted: one per frontage not toexceed two total. b. Maximumheight: 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 foot 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 Tess than 64 feet offrontage. d. If permitted, the second freestanding signshall not exceed 50 percent of the area allowed for a single freestanding sign and 150 feet measured ina straight -line distance must separate multiple pole signs. 3. Wall Signs (for Buildingor 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 1.5 lineal feet of frontage. For multitenant buildings wherefreestanding signagecontains thename of not more than one tenant business (e.g., 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 onesign at 16 square feet. c. Signs may be directly or indirectlyilluminated. 4. Suspended Signs. a. Total number permitted: 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. Not permitted in C -N, RO or RO -H. b. Total number permitted: one in freestanding c. d. freestanding C 1. a. twototal. lieu of a permitted sign. Maximum height: height requirement of the zoning district. Maximum area: 50 percentofthe areaallowed for single signs. P -1, LHP 1, I, LHI Zones. Freestanding Signs. Total number permitted: one per frontage not to exceed b. Maximum height: 18 feet. c. Maximum area: 80 square feet per face, calculated at a rateof one square foot of sign area for every two lineal feet of frontage. Ordinance No. 6406 March 21, 2012 Page 18 of 26 ORD.B Theminimum entitlement for freestanding signs is one sign at 32 square feet. d. If permitted, the second freestanding sign shall not exceed 50 percent of the area allowed for a single freestanding sign and 150 feet measured in a straight -line distance must separate multiple pole signs. e. Forprojects, parcels or complexes that have a single street frontage and more than 300 feetof street frontage, a changing message center sign may be permitted for a totalof two signs per frontage subject to the following: i. Only one changing message center is provided. ii. Multiplesigns are separated by at least 150 feet. iii. The combined area of the two signsdoes not exceed 120 square feet in size and neither sign is greater than 80 square feet in size. 2. Wall Signs (for Building or Tenant Space). a. Total number permitted: two per street frontage. b. Maximum area: 50 square feet for total of all wall signs per frontage. c. Signs may be directly or indirectly illuminated. D LF, M -1, M -2 Zoning Districts. 1. Maximum sign area of all signs is 150 square feet/frontage. 2. Freestanding Signs. a. Total number permitted: twoper frontage not to exceed four total. b. Maximumheight: 30 feet. c. Maximum area: 125 square feet per face, calculated at a rate of one square foot of sign area for every two lineal feet of frontage. Minimum entitlement for freestanding signs is 32 squarefeetfor those sites without 64 feetoffrontage. d. The total area of freestanding signs on any given frontage shall not exceed the area allowed for a single freestanding sign. e. Themaximumheight of signslocated on a second or third frontage shall be 20 feet. f. Multiple freestanding signs must be separated by 150 feet measured ina straight -line distance. 3. Wall Signs (for Buildingor Tenant Space). a. Total numberpermitted: one per frontage. b. Maximum area: 100 square feet, calculated at a rate of one square foot of sign area for every 1.5 lineal feet of frontage. 4. ProjectingSigns. a. Total number permitted: one in lieu of a permitted freestanding b. c. freestanding E. 1. 2. of a specific Ordinance No. 6406 March 21, 2012 Page 19 of 26 sign. Maximumheight: height requirement of thezoningdistrict. Maximum area: 50 percent of the area allowed for single sign. C -2 Zoning District. Maximum sign area of all signs is 200 squarefeet. Hangingsigns that are designed to display the availability product in a business, limited to three square feet and no ORD.B morethan two such signsper business, shall be consideredpermanent signs, but shall not be calculated as `part ofthe maximum allowed signage. 3. Freestanding Signs. a. Freestanding signs are not allowed on properties abutting or oriented toward Main Street. b. Total numberpermitted: one per frontage not to exceed twototal. c. Maximumheight: 20 feet. d. Maximum area: 75 square feet per face, calculated at a rate of one square footof signarea for each lineal footoffrontage. Minimum entitlement for freestanding signs shall be one sign at 32 square feet. 4. WallSigns. a. Total number permitted: one per frontage. b. Maximum area: 150 square feet, calculated at a rate of one square foot of sign area for every one lineal foot of frontage. For multitenant buildings where freestanding signage contains the nameof not more than one tenant . business (e.g., a prime. tenant . name or a shopping center name), an additional 25 percent of wall signage per tenant spaceshall be allowed. Thisincrease.in signage- shall not -applyto minimum entitlement for walls signs, which shall be one sign at 16 square feet. 5. Suspended Signs. One double -faced suspended sign, not exceeding three square feet perface, ma y be allowed for eachbusiness entrance. There shall be a minimumof eightfeetofclearance between the grade and the sign. 6. PortableSigns. One portable signmay be allowed for each business entrance, not toexceed one portablesign per building frontage, subject to the following: a. May be placedwithin publicright -of -way subject to the guidelines provided by the planning and development director , in' consultation withthe city engineer suchthat sign does not interfere -with pedestrian or vehicular traffic and conforms to the requirements of the Americans with Disabilities Act. b. May notexceed 36 inches in height and30 inches in width and be limited to two faces. c. May be displayedduringbusinesshours only. d. Must be constructed ofeither wood or another sturdy materialto en sure stability in the wind. e. May not move, spin, flash, or otherwise be animated. f. Shall meetapplicable supplemental design requirements of the Auburn downtown association. 7. Supplemental'Sign Standards, C -2 Zone. a. Sign Design and Construction. i. All signs, :other than temporary signs, shall be made . of professional, durable materials such as wood, metal, and /or glass. Ordinance No. 6406 March 21, 2012 Page 20 of 26 ORD.B ii. Signs that are indirectlyilluminated shall have their light sources shieldedfrom view. iii. Internallyilluminated signs are not permitted abutting or oriented toward Main Street. b. Sign Placement. i. Signs shall be oriented toward pedestrianvisibility and shall be positioned at such a height as to be readable by pedestrians. ii. Externallymounted wall signs shall not be mounted soas to blockbuilding windows. F. C -3 Zoning District. 1. Freestanding Signs. a. Total number permitted: twoper frontage not to exceed four total. b. Maximum height: 30 feet. c. Maximumarea: 200 square feet, calculated at a rateof one square foot of signarea for everytwo lineal feet offrontage; provided, that the maximum size of any sign does not exceed 125 square foot per face. The minimum entitlementfor freestanding signs is 32 square feet for those sites without 64 feet of frontage. d. The total area offreestanding signs on any given frontage shall not exceedthe area allowed for a single freestanding sign. e. The maximum heightof signslocated on a second or third frontage shall be20 feet. 2. WallSigns (for Building or Tenant Space). a. Maximum area: 125 square feet, calculated at a rate of one square foot of signarea for every 1.5 lineal feet of frontage. 3. Projecting Signs. a. Total number permitted: one in lieu of a permitted freestanding sign. Maximum height: height requirementofthe zoning district. Maximum area: 50 percent of the area allowed for single sign. Suspended Signs. Total number permitted: one. Maximum placement height: 25 feet. Maximum area: six square feet per face. Minimum clearance is eight feet from sign to grade. Off - Premises Signs. Total number permitted: one per business and one per b. c. freestanding 4. a. b. c. d. 5. a. parcel. b. Location: Off - premises signmust be located in a zone that permits off- premises signs. c. Maximumheight: 20 feet. d. Maximum area: 50 percent ofthe area allowed for single freestanding sign, calculated using the feet of frontage ofthe site where the sign is located. e. Must be within 750 feet of the business being advertised. Ordinance No. 6406 March 21, 2012 Page 21 of 26 ORD.B f. Must be separated from any existing pole sign a minimum distanceof 150 feet measured in a straight -line distance. g. Signcan beno more than two faces. h. Signs may be directly or indirectlyilluminated. G. EP ZoningDistrict. 1. Maximum sign area of all signs is 150 square feet per streetfrontage. 2. Freestanding Signs. a. Freestanding signs shall be limited to ground signs. b. Total number permitted: one per frontage not to exceed twototal. c. Maximum height: 10 feet. d. Maximumarea: 100 square feet per face, calculated at a rate of one square foot of sign area for every two lineal feetoffrontage. Minimum entitlement for freestanding signs is 32 square feetforthose sites with less than 64 feet of frontage. e. Multiple freestanding signsmust be separated by 150 feet measured in a straight -line distance. f. Minimum Yard Setbacks. i. Directly illuminated signs: 10 feet; ii. Indirectlyilluminated signs: five 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 rateof one square foot of sign area for every 1.5 lineal feet of frontage. For multitenant buildings wherefreestanding signagecontains the name of not more than one tenant business (e.g., a prime tenant name), an additional 25 percent of wall signage per tenant space shall be allowed. Thisincrease in signage shall not apply to minimum entitlement 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.) 18.56.050 Administrative provisions. A. Permits Required. Except as provided in subsection B of this section, no signs shall hereafter be erected, re- erected, constructed, altered, or maintained, except as provided by this chapter and, when required, a building permit for thesame has been issued by the building official. A separate permitshall be required for a sign or signs for each business entity and /or a separate permit shall be required for each group ofsigns on a single supportingstructure. 1. Application for Permits. Application for sign permits shall be made tothe buildingofficial on a form as provided by thebuilding division. Such application shall require: a. Nameof business and addresswhere work is to be performed. b. Name and address of property owner. c. Name and title of the person completing the application. Ordinance No. 6406 March 21, 2012 Page 22 of 26 ORD.B d. Name and address, telephone numberof the person or firmdoing the work and preferablythe owner of said establishment. e. Washington contractor's registrationnumber, industrial use permit number, salestax number. f. A site plan showinglocation of the sign in relation to buildings, property lines and street right -of -way includingthe size and locationof all existing signs on the property. g. A scale drawingof the proposed sign or sign revision showing size, height, copy, structural and footing details, and material specifications. h. A description of work to be performed and type of sign. i. Electrical load with name of electrical contractor responsible for installation ofservicefeed wires if other than sign contractor. j. Structural engineer's stamprequired on those signs and sign structuressubject to wind and seismic forces. 2. Revocation of Permit. The buildingofficialmay, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever thepermit is issued in error or on the basis of incorrect informationsupplied, or in violation of any ordinance or regulation or any of theprovisions of this chapter. 3. Permit Fee Schedule. The fees prescribed in the city's fee schedule must be paid to the city for eachsign installation for which a permit is required by this chapter and must be paid before anysuch permit is issued by the building official. Fees for building permits for each sign erected, installed, affixed, structurallyaltered, relocated, or created by painting shall be set in accordance with the city's feeschedule. 4. Sign permits shall be processed in accordance withthe relevant 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.) 18.56.060 Deviations, variances and appeals. A. The planning and developmentdirector may grant up to a 50 percent deviation to theprovisions of thissign coderelated to sign height and sign area. In a petition for a deviation, the planning and development director shallhave the power and duty to review, decide, grant, grant with conditionsor denythe requesteddeviation. The planning and developmentdirector may grant a deviation fromthe provisions of thischapter only when thedeviation is within 50 percentoftheentitlement and all of the following findingsof fact are met: 1. The literal interpretation and strict applicationof the provisions and requirements would causeundue and unnecessary hardship because of unique or unusual conditions pertaining to the specific building, parcel or property in question; and Ordinance No. 6406 March 21, 2012 Page 23 of 26 ORD.B 2. Thegranting of therequesteddeviation would not be materiallydetrimental to thepublic welfare or injurious to the property or propertyowners in the vicinity; and 3. The granting of the deviationwould not be contrary to the general objective and intent of this chapter, thistitle, or the comprehensive plan. B. An applicant requesting an administrative deviationunder theprovisions of this chapter shall submit the following, alongwith the requiredfiling fee: 1. A letter in memorandum format outlining howthe request is consistent with the criteria of this subsection. 2. A site plan that is accuratelydrawn to an engineered scale of one inch equals 40 feet, one inch equals 20 feet, one inch equals 10 feetthat includesthe following information: a. Boundaries and dimensions ofthe site, b. Location of buildings, parking areas and adjacent streets, c. Graphicrepresentations of all existing signs including their size, height and placement on the site, d. Graphic representation of the proposed sign(s) subject to the request, e. Building elevation showing the placement of the sign on thatelevation, if applicable. C. The action oftheplanning and developmentdirector rejecting, approving or modifying any decision or application is a final administrative decision subject to appeal to the city's hearing examiner. Appeals of administrative decisions with regard to this chapter shall be processed consistent with ACC 18.70.050. D. The planning and development director shall render a written decision on the requesteddeviation request within seven business days of submittal of all required elements and filingfee. E. Requests that exceed the 50 percentdeviation or those not relatedto allowable sign height or sign area shall be processed as a variance in accordance with ACC 18.70.010. F. The planning and developmentdirector may allow for the repair or replacement of nonconforming signs that have a significant historical or cultural element or are integral componentsof a building roof or facade that has a significant historical or cultural element to whichthe sign is a contributing component. (Ord. 6287 § 2, 2010; Ord. 5993 § 1, 2006; Ord. 4229 § 2, 1987.) 18.56.070 Liability. This chapter shall not be constituted torelievefrom or lessen the responsibility of any person owning, building, altering, constructing, removing or movinganysign in the city for damages to anyoneinjured or damaged either in personor property by any defecttherein; norshall the city, orany agent thereof, be held as assuming such liability by reason of permit or inspectionauthorized herein or a certificate of inspection issued Ordinance No. 6406 March 21, 2012 Page 24 of 26 ORD.B by the city_ or any of its agents. (Ord. 5993 § 1, 2006; Ord 4229 .§ 2, 1987. Formerly 18.56.110.) 18.56.080 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 and the same, are repealed to the extent of such conflict. (Ord. 5993 § 1 2006; Ord. 4229 § 2, 1987. Formerly 18.56.120.) Section 2. :REVERSION OF PRIOR, .SIGN - _CODE. That effective on April 22, . 2013, Chapter 18.56 of the Auburn City Code, shallrevert to the language of theCity of Auburn Sign Code as adopted in Ordinance No. 5993 on February 6, 2006, as amended by Ordinance No. 6403, adopted on February 21, 2012, or as otherwise provided by City Ordinance. Section 3. Implementation. The Mayor is hereby authorized to implement such administrativeprocedures as may be necessary to carry outthe directions of thislegislation. Section 4. Severability. Theprovisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section orportion of this ordinance, or theinvalidity of the application thereof to any person or circumstance shall not affect the validity of the remainderofthisordinance, or the validity of its application to otherpersons or circumstances. Ordinance No. 6406 March 21, 2012 Page 25 of 26 ORD.B Section 5. Effective date. This Ordinance shall take effect and be in force fivedays from and after its passage, approval and publication as provided by law, and as provided herein. ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: B. Heid, City orn Published: Ordinance No. 6406 March 21, 2012 Page 26 of 26 INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS, MAYOR ORD.B AGENDA BILL APPROVAL FORM Agenda Subject: Proposed amendments to Section 18.56.025 ± Real Estate Signs, of the Auburn City Code (ZOA12-0001) Date: February 29, 2012 Department: Planning and Development Attachments: See Exhibit list below. Budget Impact: N/A Administrative Recommendation: Planning Commission to hold a public hearing on the proposed amendments and make a recommendation to City Council. 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 relate 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¶VNH\SXUSRVHZDVWRDVVLVWLQORFDOHFRQRPLFGHYHORSPHQWDVVRFLDWHGZLWK the sale and development of residential and non-residential property in the City. 7KH&LW\&RXQFLO¶VSDVVDJHRI2UGLQDQFH1RZDVLQWHQGHGWRSURYLGHWKH&LW\&RXQFLO3ODQQLng 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. The City has fully considered the options and alternative standards of real estate signs and now wishes to amend Section 18.56.025 - Real Estate Signs of the Auburn City Code. Staff recommends that the interim zoning control on real estate signs (no changes made) be adopted into code but only remain effective until April 21, 2013, unless extended by the City Council through separate ordinance action. The March 6, 2012 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 on the proposed code amendment. Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Information Services Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Staff: Wagner Meeting Date: March 6, 2012 Item Number: Exhibit A ORD.B Agenda Subject: Proposed amendments to Auburn City Code related to Real Estate signs ± Section 18.56.025 Date: February 29, 2012 Page 2 of 6 A. RESPONSIBLE DEPARTMENT: City of Auburn Planning and Development Department, Kevin H. Snyder, AICP, Director B. RESPONSIBLE STAFF: Stuart Wagner, AICP Planner, City of Auburn Planning and Development Department C. AREA OF IMPACT: Citywide D. PLANNING COMMISSION PUBLIC HEARING DATE: March 6, 2012 E. CITY COUNCIL ORDINANCE CONSIDERATION DATE: Currently scheduled for April 16, 2012 F. FINDINGS OF FACT: 1. 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 related to the sale, lease, or rent of residential and non-residential development properties. 2. 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 RIDVL]HWKDQLVFXUUHQWO\DOORZDEOHXQGHUH[LVWLQJ&LW\UHJXODWLRQV7KH2UGLQDQFH¶VNH\ purpose was to assist in local economic development associated with the sale and development of residential and non-residential property in the City. 3. 7KH&LW\&RXQFLO¶VSDVVDJHRI2UGLQDQFH1RZDVLQWHQGHGWRSURYLGHWKH&LW\&RXQFLO 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. 4. The City has fully considered the options and alternative standards of real estate signs and now wishes to amend Section 18.56.025 - Real Estate Signs of the Auburn City Code. 5. Title 18 of the Auburn City Code (ACC) includes Chapter 18.68, Amendments, which addresses amendments to Title 18, Zoning. 6. The proposed code amendment is supported by the City of Auburn Comprehensive Plan as GLVFXVVHGXQGHUWKHFRQFOXVLRQV¶VHFWLRQRIWKLVUHSRUW. 7. A Determination of Non-Significance was issued for the City initiated Code Amendments on February 17, 2012 under city file SEP12-0003. The Determination of Non-Significance was ORD.B Agenda Subject: Proposed amendments to Auburn City Code related to Real Estate signs ± Section 18.56.025 Date: February 29, 2012 Page 3 of 6 published in the February 17, 2012 edition of the Seattle Times. To date no comments have been received. The comment period ends March 2, 2012 at 5:00 p.m. 8. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this agenda bill were sent to the Washington State Department of Commerce, Growth Management Services, and other state agencies as required for the 60-day state review. An acknowledgement letter was received on February 22, 2012. No comments were received from Commerce or other state agencies as of the writing of this report. 9. The Planning Commission conducted a duly noticed work study session on January 4, 2012 and February 7, 2012 to review and discuss with staff potential amendment issues and ideas inclusive of the potential amendments to Title 18 (Zoning). 10. The public hearing notice was published on February 23, 2012 in the Seattle Times at least 10-days prior to the Planning Commission public hearing scheduled for March 6, 2012. 11. Prior to, during, and after the work study sessions held by the Planning Commission comments on the proposed code amendments were received by planning staff. Exhibit B contains comments in favor of (or indifferent) additional (off-premise) real estate signs and Exhibit C contains comments against them. 12. The following conclusions support the proposed amendments to Section 18.56.025, VFKHGXOHGIRUWKH3ODQQLQJ&RPPLVVLRQ¶V March 6, 2012 public hearing with a staff recommendation. G. General Conclusions 1. The proposed amendments to Section 18.56.025 (Real Estate Signs) are intended to control the number, height, area, and placement of off-premise real estate signs as well as bring predictability to how much signage residential and commercial builders and developers can display for a particular development. The proposed amendments will also allow for continued economic development associated with the sale and development of residential and non-residential property in the City that can have a positive impact on the City finances in terms of real estate exercise tax, development review fees, impact fees, system GHYHORSPHQWFKDUJHVVDOHVWD[HVDQGSURSHUW\WD[HVWKDWFRQWULEXWHWRWKH&LW\¶Vability to provide public services. 2. 7KHSURSRVHGDPHQGPHQWVWR7LWOH =RQLQJ GRQRWUHTXLUHDQ\FKDQJHVWRWKH&LW\¶V current critical area regulations contained in ACC 16.10 (Critical Areas). Any future development subject to the proposed amendments to Title 18 will still be required to demonstrate compliance to applicable standards and regulation specified in ACC 16.10. 3. The proposed amendments to Title 18 (Zoning) will support current and future land and VKRUHOLQHXVHVWKDWDUHFRQVLVWHQWZLWKWKH&LW\¶VFXUUent Comprehensive Plan and current Shoreline Master Program. Staff has not proposed substantive or non-substantive DPHQGPHQWVWR7LWOHWKDWZRXOGEHGHHPHGLQFRQVLVWHQWZLWKWKH&LW\¶VDGRSWHGSODQVDQG policies. H. Specific Conclusions 1. Pursuant to Auburn City Code (ACC) Section 18.68.030 the following public process is applicable: ORD.B Agenda Subject: Proposed amendments to Auburn City Code related to Real Estate signs ± Section 18.56.025 Date: February 29, 2012 Page 4 of 6 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. Comment: The March 6, 2012 Planning Commission meeting will involve a public hearing on the proposed code amendments where a recommendation is made to the city council. 2. Pursuant to Auburn City Code (ACC) Section 18.68.040 the following public hearing notice requirement is applicable: 18.68.040 Public hearing notice requirements A. Text Amendments. 1. Planning Commission. For text amendments that require a public hearing under ACC 18.68.030(A), notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, at least 10 days prior to the public hearing and by posting the notice in three general public locations. 2. City Council. Notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, prior to the public hearing and by posting the notice in three general public locations. Comment: The public hearing before the Planning Commission is scheduled for March 6, 2012, meeting the requirement under ACC 18.68.030. The public hearing notice was published in the 6HDWWOH7LPHVWKH&LW\¶VRIILFLDOQHZVSDSHURQFebruary 23, 2012 at least 10 days prior to the public hearing. The public hearing notice was also posted at City Hall (25 West Main Street), the Customer Service Center (One East MDLQ6WUHHW DQGRQWKH&LW\¶VZHEVLWH meeting the requirement for posting the notice in three general public locations. 3. Auburn City Code Chapter 18.68, Amendments, does not have specific decision criteria for text amendments to the zoning title. At a minimum, proposed text amendments are to be FRQVLVWHQWZLWKWKH&LW\¶V&RPSUHKHQVLYH3ODQ pursuant to RCW 36.70A.040. The proposed code amendment is supported by the following Comprehensive Plan Objectives and Policies: Policy guidance on sign clutter Objective 22.2. To improve the visual quality of new development Policy LU-6LJQFOXWWHUVKRXOGEHUHGXFHGE\XSGDWLQJDQGUHYLVLQJWKH&LW\¶VVLJQFRGH While the sign code was substantially updated, with extensive public participation, it should be reviewed periodically. Comment: The proposed amendments to Section 18.56.025 (Real Estate Signs) are intended to control the number, height, area, and placement of off-premise real estate signs. The regulations will also facilitate equity between the builders and developers where they are afforded the same advertising rights by the code. Prior to adoption of the interim zoning controls regulating real ORD.B Agenda Subject: Proposed amendments to Auburn City Code related to Real Estate signs ± Section 18.56.025 Date: February 29, 2012 Page 5 of 6 estate signs, builders and developers illegally installed signs of varying heights and areas some far exceeding the height and area maximums stated under existing City Code. The City responded to the placement of these signs using progressive code enforcement action. In a number of instances, these signs were found to be obstructions in the public right of way, thereby creating sight hazards to traffic. )ROORZLQJWKH&LW\&RXQFLO¶VSDVVDJHRIWKH interim zoning controls and using the regulatory authority of these controls, staff worked with all of the builders and developers to bring all existing signs into conformance as well as requiring new signs to conform. The current interim zoning controls grant the Planning Director the authority to consider the number of existing signs in any proposed location, and limit or prohibit new ones so as to prevent a traffic safety hazard or a detrimental effect on neighboring property. Staff proposes to retain this language in the proposed regulations so as to provide a method to evaluate impacts of proposed new signage. To insure that the City balances the economic development needs of the real estates signs with potential impacts on surrounding communities and neighborhoods, staff is recommending that the proposed regulations be effective until April 21, 2013, unless extended by the City Council through separate ordinance action. Policy guidance on economic development Objective 9.1. Promote a diversified economic base capable of withstanding changes in interest rates, inflation, tax structure and market conditions. Policy ED-1 City promotion of new industry shall be directed at attracting business that GLYHUVLILHVWKH&LW\¶VWD[EDVHRIIHUVVHFXUHTXDOLW\HPSOR\PHQWRSSRUWXQLWLHVLV sensitive to community values and promotes the development of attractive facilities. Objective 9.3. Develop effective land use policies and economic development strategies that provide long-term and stable employment, increase per capita income and reduce the tax burden of Auburn residents. Policy ED-8 Auburn should continue to provide an economic base not only for the Auburn area but also for the south King County and north Pierce County region. Comment: Staff believes the current economic situation warrants continued flexibility for the use of residential and non-residential real estate signage. Specifically, staff believes that the nature and severity of the economic downturn on the real estate and development industries has significantly impacted an important contributor to the employment, property tax and sales tax bases of the City. Consistent with the previous findings and conclusions for the implementation of the interim zoning controls, staff believes that this economic situation continues to have a substantive impact on this industry and that the continued t allowance of residential and non-residential real estate signs initially authorized by the interim zoning controls will positively contribute to the ability of this industry to gradually recover in the City of Auburn.. Staff Recommendation ORD.B Agenda Subject: Proposed amendments to Auburn City Code related to Real Estate signs ± Section 18.56.025 Date: February 29, 2012 Page 6 of 6 The Planning Commission recommends approval to the City Council of the proposed zoning code text amendment as presented by staff based on the findings of fact and conclusions. Exhibits Exhibit 1: Auburn City Code Section 18.50.025 ± Real Estate Signs, Proposed Code Amendments Exhibit 2: Comments received - in favor of or indifferent Exhibit 3: Comments received ± against Exhibit 4: Determination of Non-Significance and Affidavit of Publication Exhibit 5: Environmental Checklist Exhibit 6: Public Hearing Notice and Affidavit of Publication Exhibit 7: Letter to Department of Commerce for 60-day State Review Exhibit 8: Acknowledgment letter from Department of Commerce ORD.B ORD.B ORD.B AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6407 Date: April 10, 2012 Department: Planning and Development Attachments: Ord 6407 Exhibit A DNS - ZOA12-0004 Budget Impact: $0 Administrative Recommendation: City Council to introduce and adopt Ordinace No. 6407. Background Summary: The City of Auburn City Council has previously authorized a contract with the Auburn Valley Humane Society for the provision of public animal shelter services at 4910 A Street SE, a City owned property. This property is currently zoned P-1, Public Use District. Current zoning regulations for the P-1 district do not specify public animal shelter services as a permitted use in this zone. In order to support the intended public animal shelter services at this property, staff has determined the need to amend the Auburn City Code. Ordinance No. 6407 will amend Chapter 18.40 (Public Use District) of the Auburn City Code. The proposed zoning text amendments will add "Animal shelter, public" as a permitted use in the P-1 Public Use District and a new definition of "Animal shelter, public" will be added to Chapter 18.04 (Definitions). On March 20, 2012 the Planning Commission held a public hearing on the proposed code amendments. At the close of the public hearing the Planning Commission made a recommendation to the City Council for adoption of the proposed code amendments. Since the public hearing, the code amendments have been reviewed by the Planning and Community Development Committee and the Public Works Committee. Both Committees were satisfied with the amendments proposed and recommend approval to the City Council. Attachments: Ordinance No. 6407 Exhibit A - Staff Report and SEPA DNS AUBURN * MORE THAN YOU IMAGINEDORD.C O3.4.2.1.2 Reviewed by Council Committees: Planning And Community Development, Public Works Other: Planning Commission, Legal Councilmember:Backus Staff:Snyder Meeting Date:April 16, 2012 Item Number:ORD.C AUBURN * MORE THAN YOU IMAGINEDORD.C ORDINANCE NO. 6 4 0 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 'AUBURN, WASHINGTON, AMENDING CHAPTER .18.40 - PUBLIC USE DISTRICT OF THE AUBURNCITY CODE BY AMENDING SECTION 18..04.020, DEFINITIONS, AND ADDINGA NEW SECTION '18.04.105, ALL RELATINGTO PUBLIC ANIMAL SHELTERS WHEREAS, fromtime totime, amendments tothe City of Auburn zoning code are appropriate, in order to update and better reflect the current development needs and standards of the City; and WHEREAS, the City of Auburn City Council has previously authorized a contract with the Auburn Valley Humane Society for the provision of public animal shelter services at a City -owned property currently zoned P -1, Public Use District; and WHEREAS, current zoning regulations for the P -1, Public Use District do not specifypublic animal shelter services as a permitted use in thiszone; and WHEREAS, following proper notice, the City of Auburn Planning Commission held a public hearing on March 20, 2012, on theproposed code amendments; and WHEREAS, after fully considering the testimony and information presented at the public hearing, on March 20, 2012, the Planning Commission made its recommendations for code amendments to theCity of Auburn, City Council; and WHEREAS, theCityCouncil has reviewed and considered thePlanning Commission recommendations; and Ordinance No. 6407 March 30,_2012 Page 1 of 5 ORD.C WHEREAS, environmental review on the proposal hasbeen completed in accordance with therequirements of the State Environmental Policy Act (SEPA) with a final determination of non - significance (DNS) issuedMarch 9, 2012; and WHEREAS, pursuant to RCW 36.70A.106, the proposed zoning code amendments were sent to the Washington State Department of Commerce, Growth Management Services, and other state agencies as required for the 60- daystatereview; and WHEREAS, no comments regarding the proposed zoning code amendments have been receivedfrom the Department of Commerce or other state agencies: NOW, THEREFORE, THE CITY COUNCIL OF THECITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. ThatChapter 18.40 of the Auburn City Code be and thesame hereby is amended to read as follows: Chapter 18.40 P -1 Public Use District Sections: 18.40.010 Intent. 18.40.020 Permitted uses. 18.40.030 Uses requiring permit. 18.40.040 Development standards. 18.40.010 Intent. The P-1 district is intended to provide for the appropriate location and development of public uses that servethe cultural, educational, recreational, and public service needs of the community. (Ord. 4229 § 2, 1987.) 18.40.020 Permitted uses. Hereafter all buildings, structures or parcels . of land in a, P -1 district shall only be used for the following, unless otherwise provided for in this title: Ordinance No. 6407 March 30, 2012 Page 2of5 ORD.C A. Government facilities; B. Municipal parks and playgrounds; C. Publicschools and related facilities; D. Watersheds and related public utilities; E. Other public uses that theplanning director findscompatible with the intent of the P -1 district. (Ord. 4229 § 2, 1987.) 1 F. Animal shelter, public 18.40.030 Uses requiring permit. The following usesmay be permitted in a P -1 district when a conditional use permit hasbeen issued pursuant to the provisions of Chapter 18.64 ACC: A. Projects that exceed thelot coverage requirements ofthe most restrictive abuttingzone; B. Structures that areallowed to exceed height requirementspursuant to Chapter 18.31 ACC. (Ord. 4229 § 2, 1987.) 18.40.040 Development standards. Developmentstandards in a P -1 district are as follows: A. Minimum lot area: none required; B. Minimum lot width: nonerequired; C. Minimum lot depth: nonerequired; D. Maximum lot coverage: none required; E. Minimum yard setbacks: 1. Front:, 20 feet, 2. Side, interior: five feet, 3. Side, street: 10 feet, 4. Rear: 25 feet, 5. For any P -1 zone that abuts R zonedproperty, a minimum of a 30 -foot building setback shall apply; F. Maximum building height: 45 feet; G. Fences and hedges: see Chapter 18.31 ACC; H. Parking: see Chapter 18.52 ACC; I. Landscaping:. see Chapter 18.50 ACC; J. Signs: see Chapter 18.56 ACC. (Ord. 5777 § 1, 2003; Ord. 4229 § 2, 1987.) Section 2. That a new section 18.04.105 of the Auburn City Code be and thesamehereby is created to read as follows: ACC 18.04.105 Animal shelter, public. Animal shelter; public ", means a facility that is usedto temporarily house or containstray, homeless, abandoned or unwanted animals. The facility must be owned, operated, or maintained, by one or more of the following: an animal care and controlagency; humane society, or society for the preventionof cruelty to Ordinance No. 6407 March 30, 2012 Page 3 of 5 ORD.C animalsregistered; under, Chapter 16.52.RCW, or another nonprofitorganization devoted to the'Welfare;-protection; and humane treatment of anirrials;.when> such society or organization- is then undercontractwith an animal care and control, agencv. Ah.animal•shelter, public may provide supportingservices, including medical care. Section 3. Implementation. The Mayor is hereby authorized to implement such administrativeprocedures as_may be necessaryto carry outthe directions of thislegislation. Section 4. Severabilitv. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section orportion of this ordinance, or theinvalidity of the application thereof to any person or circumstance shallnot affect the validityof the remainder of this ordinance, orthe validity of its application to other persons or circumstances. Section 5. . Effective date. This Ordinance shall takeeffect andbe in force five days from and after its passage, approval and publication as provided bylaw. Ordinance No. 6407 March 30, 2012 '- Page 4 of 5 INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS MAYOR ORD.C ATTEST: Danielle E. Daskam, CityClerk APPROVED AS TO FORM: lel B. City Attorney Published: Ordinance No. 6407 March 30, 2012 Page 5 of 5 ORD.C Agenda Subject: Proposed amendment to P-1, Public Use District of the Auburn City Code; as it relates to Animal Shelters Date: March 13, 2012 Page 2 of 5 A. RESPONSIBLE DEPARTMENT: City of Auburn Planning and Development Department, Kevin H. Snyder, AICP, Director B. RESPONSIBLE STAFF: Stuart Wagner, AICP Planner, City of Auburn Planning and Development Department C. AREA OF IMPACT: Citywide D. PLANNING COMMISSION PUBLIC HEARING DATE: March 20, 2012 E. CITY COUNCIL ORDINANCE CONSIDERATION DATE: Currently scheduled for April 16, 2012 F. FINDINGS OF FACT: 1. Presently the City of Auburn has a contract with King County for animal control and sheltering. It was found that the Auburn Valley Humane Society (AVHS) will lessen the burden of government by providing animal sheltering services at a savings to the City of Auburn. In 2011, City of Auburn staff reviewed the business plan submitted by the AVHS, found it to be a viable joint venture opportunity, and after City Council approval is now making preparations to have a City owned building located at 4910 A St SE become the City’s animal shelter. The goal is to have the facility fully operational by January 2013. 2. Ahead of occupying the building along A Street SE, a change to the zoning code is needed. The future animal shelter site is currently zoned P-1 or public use. Under the current zoning regulations government facilities are an allowed use within the P-1 zone but the definition for government facilities states only a city, county, state, federal, or a special district government can be present. Non-profits, even those with a public purpose such as the Auburn Valley Humane Society cannot be classified as a government facility. 3. Pursuant to ACC 18.40.010 (Intent), the P-1 zoning is intended to provide for the appropriate location and development of public uses that serve the cultural, educational, recreational, and public service needs of the community. 4. Title 18 of the Auburn City Code (ACC) includes Chapter 18.68, Amendments, which addresses amendments to Title 18, Zoning. 5. The proposed code amendment is supported by the City of Auburn Comprehensive Plan as discussed under the conclusions’ section of this report. 6. A Determination of Non-Significance was issued for the City initiated Code Amendments on March 9, 2012 under city file SEP12-0007. The Determination of Non-Significance was published in the March 9, 2012 edition of the Seattle Times. To date no comments have been received. The comment period ends March 23, 2012 at 5:00 p.m. ORD.C Agenda Subject: Proposed amendment to P-1, Public Use District of the Auburn City Code; as it relates to Animal Shelters Date: March 13, 2012 Page 3 of 5 7. The proposed zoning code amendments outlined in this agenda bill were sent to the Washington State Department of Commerce, Growth Management Services, and other state agencies. An expedited review per RCW 36.70A106.3.b was requested. An acknowledgement letter from the Department of Commerce was received on March 12, 2012. No comments were received from Commerce or other state agencies as of the writing of this report. 8. The Planning Commission conducted a work study session at regularly scheduled meetings on February 7, 2012 and March 6, 2012 to review and discuss with staff potential issues and ideas inclusive of the potential amendments to Title 18 (Zoning). 9. The public hearing notice was published on March 9, 2012 in the Seattle Times at least 10- days prior to the Planning Commission public hearing scheduled for March 20, 2012. 10. The following conclusions support the proposed amendments to Chapter 18.40, P-1 Public Use District, scheduled for the Planning Commission’s March 20, 2012 public hearing with a staff recommendation. G. General Conclusions 1. The addition of "Animal shelter, public" to the list of permitted uses is consistent with the intent statement of the P-1 zone "to provide for the location and development of public uses that serve the cultural, educational, recreational, and public service needs of the community.” Animal shelters house homeless, lost, or abandoned animals; primarily a large variety of dogs and cats and the goal of today's animal shelter is to provide a safe and caring environment until the animal is either reclaimed by its owner, placed in a new home, or placed with another organization. As such, animal shelters serve a public purpose. 2. The proposed amendments to Title 18 (Zoning) do not require any changes to the City’s current critical area regulations contained in ACC 16.10 (Critical Areas). Any future development subject to the proposed amendments to Title 18 will still be required to demonstrate compliance to applicable standards and regulation specified in ACC 16.10. 3. The proposed amendments to Title 18 (Zoning) will support current and future land and shoreline uses that are consistent with the City’s current Comprehensive Plan and current Shoreline Master Program. Staff has not proposed substantive or non-substantive amendments to Title 18 that would be deemed inconsistent with the City’s adopted plans and policies. H. Specific Conclusions 1. Pursuant to Auburn City Code (ACC) Section 18.68.030 the following public process is applicable: 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. ORD.C Agenda Subject: Proposed amendment to P-1, Public Use District of the Auburn City Code; as it relates to Animal Shelters Date: March 13, 2012 Page 4 of 5 Comment: The March 20, 2012 Planning Commission meeting will involve a public hearing on the proposed code amendments where a recommen dation is made to the city council. 2. Pursuant to Auburn City Code (ACC) Section 18.68.040 the following public hearing notice requirement is applicable: 18.68.040 Public hearing notice requirements A. Text Amendments. 1. Planning Commission. For text amendments that require a public hearing under ACC 18.68.030(A), notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, at least 10 days prior to the public hearing and by posting the notice in three general public locations. 2. City Council. Notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, prior to the public hearing and by posting the notice in three general public locations. Comment: The public hearing before the Planning Commission is scheduled for March 20, 2012, meeting the requirement under ACC 18.68.030. The public hearing notice was published in the Seattle Times, the City’s official newspaper, on March 9, 2012 at least 10 days prior to the public hearing. The public hearing notice was also posted at City Hall (25 West Main Street), the Customer Service Center (One East Main Street), and on the City’s website meeting the requirement for posting the notice in three general public locations. 3. Auburn City Code Chapter 18.68, Amendments, does not have specific decision criteria for text amendments to the zoning title. At a minimum, proposed text amendments are to be consistent with the City’s Comprehensive Plan pursuant to RCW 36.70A.040. The proposed code amendment is supported by the following Comprehensive Plan Objectives and Policies: Policy guidance on neighborhood quality Objective 8.1: To maintain and enhance all viable and stable residential neighborhoods. Policies LU-42 Regulatory decisions in all residential neighborhoods shall result in maintenance or enhancement of the neighborhood’s residential character. c. The City recognizes the important role that public facilities (such as sidewalks, neighborhood parks and elementary schools) and limited scale quasi-public uses (such as smaller churches and daycare centers) play in maintaining viable residential neighborhoods. Comment: A public animcal shelter provides a place for lost or abandoned animals to find homes. Many provide humane law enforcement services, behavioral evaluations, remediation and enrichment, health and spay/neuter services, humane education, and much more. The quality of life of Auburn’s residents will be enhanced by a public animal shelter and animal shelter services specifc to the City of Auburn. In addition to providing health and education, citizens will be protected from the dangers and nuisances caused by uncontrolled animals and irresponsible pet owners. ORD.C Agenda Subject: Proposed amendment to P-1, Public Use District of the Auburn City Code; as it relates to Animal Shelters Date: March 13, 2012 Page 5 of 5 Policy guidance on capital facilities GOAL 14. PUBLIC BUILDINGS To maximize public access and provide for the appropriate location and development of public and quasi-public facilities that serve the cultural, educational, recreational, religious and public service needs of the community and the region. Objective 14.1. To site public buildings in accord with their service function and the needs of the members of the public served by the facility. CF-65 The location of religious institutions, private schools, community centers, parks and similar public or quasi-public facilities shall be related to the size of the facility and the area served. City-wide facilities should be sited in visible and accessible locations. Comment: The proposed amendments are expected to have positive impacts on public health, safety, and welfare. Presently the City of Auburn has a contract with King County for animal control and sheltering. Establishing a new City of Auburn animal shelter, through a joint venture with the Auburn Valley Humane Society (AVHS), will bring cost savings to the City as well as provide more personalized animal control services. In all land use considerations, staff considers impacts to surrounding properties including but not limited to noise, odor, vibration,and traffic. Staff evaluates the potential for these impacts on a case by case approach taking into account the individual characteristics of the site and its relationship to surrounding land uses. This is consistent with both local and state regulations and case law and is a proper exercise of the City’s police power. Therefore, a public animal shelter proposed to be located in the P-1 zoning district will be evaluated for its potential impacts relative to its location and its relationship with surrounding properties. Staff Recommendation The Planning Commission recommends approval to the City Council of the proposed zoning code text amendment as presented by staff based on the findings of fact and conclusions. Exhibits Exhibit 1: Auburn City Code Section 18.40 – P-1, Public Use District Proposed Code Amendments Exhibit 2: Determination of Non-Significance and Affidavit of Publication Exhibit 3: Environmental Checklist Exhibit 4: Public Hearing Notice and Affidavit of Publication Exhibit 5: Letter to Department of Commerce for 60-day State Review Exhibit 6: Acknowledgment letter from Department of Commerce ORD.C ORD.C ORD.C AGENDA BILL APPROVAL FORM Agenda Subject: Amendment to the P-1, Public Use District of the Auburn City Code; as it relates to animal shelters (ZOA12-0004) Date: March 13, 2012 Department: Planning and Development Attachments: See Exhibit list below.Budget Impact: N/A Administrative Recommendation: Planning Commission to hold a public hearing on the proposed amendments and make a recommendation to City Council. Background Summary: The City of Auburn City Council has previously authorized a contract with the Auburn Valley Humane Society for the provision of public animal shelter services at 4910 A Street SE, a City owned property. This property is currently zoned Public Use (P-1). Current zoning regulations for the P-1 zoning district do not specify public animal shelter services as a permitted use in this zone. In order to support the intended public animal shelter services at this property, staff has determined the need to amend the Auburn City Code. The city wishes to amend the Auburn City Code where “Animal shelter, public” is added as a permitted use to Chapter 18.40 (Public Use District) of the Auburn City Code. Further, a new definition of “Animal shelter, public” would be added to Chapter 18.04 (Definitions). The March 20, 2012 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 on the proposed code amendments. Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Information Services Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Staff: Wagner Meeting Date: March 20, 2012 Item Number: Exhibit A ORD.C AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4808 Date: April 11, 2012 Department: Public Works Attachments: Resolution No. 4808 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4808. Background Summary: Public Works 6101E-1997 Dodge Intrepid, VIN 2B3HD46F7VH625512, Fixed Asset Number 55000 6101E This vehicle is a former Mayoral car that has been retained as a spare. The car is little utilized, and in fair but unreliable running condition. It is best for the City to realize the money from sale than to continue to allow the general overall condition to deteriorate by sitting idle, further diminishing its resale value. P060C Kia Sportage VIN KNDJB723115051087 Fixed Asset Number 55000 P060C This vehicle was used in Police Operations as a parking enforcement vehicle. It is in fair running condition and has 66,418 miles. It is not a vehicle that could be utilized by other Departments. It is best for the City to realize the money from sale than to allow the general overall condition to deteriorate by sitting idle, further diminishing its resale value. F4.61, A3.13.4 Reviewed by Council Committees: Finance, Public Works Councilmember:Partridge Staff:Dowdy Meeting Date:April 16, 2012 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A ----------------------------- Resolution No. 4808 April 11, 2012 Page 1 of 1 RESOLUTION NO. 4808 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DECLARING CERTAIN ITEMS OF PROPERTY AS SURPLUS AND AUTHORIZING THEIR DISPOSAL WHEREAS, the City of Auburn Public Works Department has a number of items which are no longer of use to the City; and WHEREAS, it would be appropriate to surplus the property and dispose of it by auction or other sale mechanism, or to dispose of it, in whole or in part, through gift to another governmental agency or an appropriate charitable non- profit entity, as deemed most expedient by the Mayor. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON HEREBY RESOLVES as follows: Section 1. Purpose. That the property identified below is declared to be surplus, and the Mayor is authorized to dispose of and convey such property through appropriate sale or donation to another governmental agency or charitable non-profit entity. Public Works The following items are worn and becoming increasingly costly to maintain and are of no further use as fleet vehicles: 6101E-1997 Dodge Intrepid, VIN 2B3HD46F7VH625512, Fixed Asset Number 55000 6101E, former Mayoral vehicle P060C Kia Sportage VIN KNDJB723115051087 Fixed Asset Number 55000 P060C, Parking Enforcement vehicle RES.A ----------------------------- Resolution No. 4808 April 11, 2012 Page 2 of 2 Section 2. Implementation. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. Effective Date. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this _____ day of _________, 2012. CITY OF AUBURN ________________________________ PETER B. LEWIS ATTEST: MAYOR ______________________ Danielle E. Daskam, City Clerk City Clerk APPROVED AS TO FORM: _____________________ Daniel B. Heid, City Attorney RES.A