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HomeMy WebLinkAbout09-13-2010 * PLANNING & COMMUNITY CITY OF-. * DEVELOPMENT COMMITTEE September 13, 2010 - WASHINGTON MINUTES 1. CALL TO ORDER Chair Lynn Norman called the meeting to order at 5:00 p.m. in Annex Conference Room 1 located on the second floor of One Main Building, 1 East Main Street, Auburn, WA. Committee members present were: Chair Lynn Norman, and Member Rich Wagner. Vice Chair Nancy Backus is excused. Staff members present included: Mayor Pete Lewis, Director Kevin Snyder, Planning Manager Elizabeth Chamberlain, Environmental Planner Jennifer Shih, Environmental Planning Protection Manager Chris Andersen, Development Services Manager Jeff Tate, Engineering Aide Amber Mund and Administrative Support Clerk Tina Kriss. Audience members present: Spencer Alpert of Alpert Capital; Mel Maertz of M2 Architects, Mike Horner and Steve Crantz of Pacific Real Estate Partners. II. ANNOUNCEMENTS AND AGENDA MODIFICATIONS Planning Manager Elizabeth Chamberlain introduced Senior Planner Hillary Taylor to the Committee. III. CONSENT AGENDA A. Minutes August 23, 2010 Member Wagner moved and Chair Norman seconded to approve the Consent Agenda as presented. MOTION CARRIED UNANIMOUSLY 2-0 IV. ACTION A. Resolution No. 4642 Amendment to Pierce County Countywide Planning Planning Manager Elizabeth Chamberlain briefed the Committee on Resolution No. 4642; The Growth Management Coordinating Committee (GMCC), a staff level committee in which Auburn is involved, developed recommended amendments to the CPPs to address affordable housing. This work began in December 2006 and continued through 2007. On May 21, 2009 the Pierce County Regional Council (PCRC) recommended adoption of the proposed amendments to the CPPs with a technical amendment made on July 16, 2009. The Pierce County Council took action on the amendments to the CPPs on February 16, 2010. The proposed amendments revise the definitions; state that jurisdictions should consider meeting affordable housing needs through innovative techniques, availability of services, and incentives; and jurisdictions should explore various opportunities. Ms. Chamberlain provided to Committee a handout of the Housing Element (Chapter 4) of the City's Comprehensive Plan and noted the policy supports our countywide Planning and Community Development Committee Minutes September 13, 2010 plans. Ms. Chamberlain states staff feels the current policies provide affordable housing and relate to these new countywide plans very well. Committee questioned if it would be difficult to meet the requirement of 25% growth population allocated through affordable housing. Ms. Chamberlain stated this is a goal jurisdictions should try and reach. Also, the Pierce County allocation for Auburn is only about 380 housing units. Ms. Chamberlain reviewed the projects in the Lakeland Hills community that would provide further affordable housing to meet this requirement. Member Wagner moved to forward Resolution 4642 to full Council for approval; Chair Norman concurred. MOTION CARRIED UNANIMOUSLY 2-0 B. Wetland Mitigation Assessment Professional Services Agreement Environmental Planner Jennifer Shih provided a background briefing of the Wetland Mitigation Assessment and Professional Services Agreement; the City of Auburn applied for a grant from the U.S. Environmental Protection Agency (EPA) on April 16, 2009 to conduct a comprehensive assessment of active wetland mitigation sites within the City of Auburn. Soundview Consultants LLC is the technical wetland consultant selected for the project who will assist the City in developing a field methodology and conducting field assessments for the active mitigation sites within the City of Auburn. Federal funding from the EPA grant in the amount of $30,240 is proposed for this technical consultant work. Methodology development is scheduled for completion in the fall of 2010, and the field assessments and associated reporting are scheduled to be completed in the summer of 2011. Final completion of the project is scheduled for the end of 2011. Environmental Protection Manager Chris Andersen stated this was a competitive grant based on the City's proposal to evaluate City success of the City's wetland mitigation projects in recent years and identify the City's best management practices or performance criteria that correlate the best with the successful sights. Committee asked for clarification on the grant match. Ms. Shih stated the Environmental Protection Agency (EPA) will provide 75% and the remaining 25% match will be made up with City staff time. The City has more than 40 mitigation sites but is looking at active or recently completed sites. Mr. Andersen stated they will be looking at those sites most comparable with river valley conditions which tend to be on the valley floor. Mr. Anderson stated this is a starting point to set the stage for future studies. Committee asked if the Council is provided an overview of City owned property being considered for conversion to wetland mitigation use. Director Kevin Snyder stated he will check on the current policy and report back to the Committee. Page 2 Planning and Community Development Committee Minutes September 13, 2010 Member Wagner moved to forward Wetland Mitigation Assessment Professional Services Agreement with Soundview Consultants LLC to full Council for approval; Chair Norman concurred. MOTION CARRIED UNANIMOUSLY 2-0 V. DISCUSSION and INFORMATION A. Ordinance No. 6325 Renew a Public Way Agreement with 360 Networks. Inc Engineering Aide Amber Mund briefed the Committee on Ordinance No. 6325; 360 Networks (USA) Inc. has applied for renewal of their current Public Way Agreement No. 05-52 which was authorized by Ordinance No. 5952 and is set to expire on October 3, 2010. This agreement is for existing fiber optic conduit in the right of way along West Valley Highway between the north and south city limits. This fiber optic conduit does not service any customers inside the city limits. The current Public Way Agreement was reviewed by City staff and the applicant and it was determined that the agreement still meets the needs of the City and the applicant with only minor amendments to the agreement to reflect current Grantee contact information and remaining renewal terms. Ordinance No. 6325 amends the current agreement to reflect these changes and authorizes 360 Networks (USA) Inc's fiber optic conduit to remain in the right of way for an additional five year term per the conditions set forth in PWA 05-52 upon filing with the City Clerk a Statement of Acceptance. Ms. Mund stated this will be moving forward to Public Works Committee on September 20, 2010 and then to City Council on September 20, 2010. Committee expressed their support of Ordinance No. 6325. B. Ordinance No. 6326 Renew a Public Way Agreement with A T & T Corporation AT&T Corporation has applied for renewal of their current Public Way Agreement No. 05-51 which was authorized by Ordinance No. 5951 and is set to expire on October 3, 2010. This agreement is for existing fiber optic conduit in the right of way along West Valley Highway between the north and south city limits. This fiber optic conduit does not service any customers inside the city limits. The current Public Way Agreement was reviewed by city staff and the applicant and it was determined that the agreement still meets the needs of the City and the applicant with only minor amendments to the agreement to reflect current Grantee contact information, remaining renewal terms and minor language usage regarding insurance. Ordinance No. 6326 amends the current agreement to reflect these changes and authorizes AT&T Corporation's fiber optic conduit to remain in the right of way for an additional five year term per the conditions set forth in PWA 05-51 upon filing with the City Clerk a Statement of Acceptance. Page 3 Planning and Community Development Committee Minutes September 13, 2010 Committee expressed their support of Ordinance No. 6326. Ms. Mund stated this will be moving forward to Public Works Committee on September 20, 2010 and then to City Council on September 20, 2010. C. Ordinance No. 6328 Development Services Manager Jeff Tate provided the Committee with a briefing of Ordinance No. 6328; similar to the rest of the country, in recent years the City has seen an increased rate in the number of foreclosed and/or abandoned properties. Likewise, the number of unmaintained properties has also increased. Properties located within well maintained neighborhoods have become eyesores due to a lack of vegetation control, unmowed yards, broken and/or boarded up windows, and graffiti tagging. This phenomenon has caused a spike in code compliance cases that are filed under Chapter 8.12 Public Nuisances. Under the City's currently adopted code compliance procedures, when code compliance receives a nuisance complaint an enforcement official opens a case file and visits the property to verify the legitimacy of the complaint. If the complaint has validity the enforcement official typically initiates a correction process by contacting the property owner and establishing a compliance schedule. In the case of foreclosed and/or abandoned properties it tends to be difficult to identify a contact person who is responsible for the property. Many of these properties are owned by out of state banks or corporate entities who are either unaware of the condition of the property or do not consider maintenance of the property as a high priority. The proposal modifies Chapter 1.25 by establishing a new option that may be used by the compliance officer if he/she determines that initial attempts at seeking compliance are not effective. Currently, Chapter 1.25 allows the compliance officer to issue a "civil infraction" which carries a cost of $250.00. Every day the violation persists is considered a separate infraction which means that the compliance officer must issue a new citation each day. The draft amendments would allow for an alternative process whereby a "civil penalty" is levied and that accrues at a daily rate until the violation is remedied. Under this option, the compliance officer is not burdened with issuing a new penalty each day, rather it accrues automatically. The existing procedure is likely to be more effective with owners of property that are present. The proposed alternative is likely to be more effective when working with absentee owners. Committee asked for clarification of the time fines begin accruing; Mr. Tate answered by directing Committee to page 5, under Section 2, Amendment to City Code, page 4 & 5 stating the type of service notification may change the time frames for fines to accrue. If people are served by certified mail there would be a waiting period of five days and if posting it would be three calendar days and after those periods expire the fines would begin. Mr. Snyder stated the civil penalty process is the most expeditious way to get attention and action without going through the court process. The reason staff is recommending this process is that it alleviate the need for the City to go through the court process and seek their authorization to take action. Committee is concerned the 3 to 5 days may not be enough time to allow the owner to get the paperwork and have some type of response. Mr. Tate stated the standard protocol will be for us to issue the Notice of Correction first which provides 1 - 15 Page 4 Planning and C-immunity Development Committee Minutes September 13, 2010 days to comply and come into compliance with code. This time frame precedes the civil penalty phase. Mr. Snyder stated if someone is unavailable to receive the notice and able to show us they would have gotten the notice and acted had they been able to the City will certainly be reasonable. Mr. Snyder stated it is the Cities goal to reach compliance not to collect fees, working in good faith with the owner to assist him. Development Services Manager pointed out to the Committee Section 3. C, Withdrawal. It states the Code Enforcement Officer may withdraw a Notice of Penalty if compliance is achieved, as determined by the Officer, within fourteen (14) calendar days of the service days of the service date of the Notice. Mr. Tate stated if the applicant provides sufficient compliance after service the Notice of Penalty can be withdrawn and that would be the goal of the City, to work towards compliance rather than penalties. Conunittee asked if the City will be able to collect their attorney fees. Mr. Snyder answered Committee stating we will be able to collect "reasonable attorney fees" which includes those that include legal costs. Committee expressed their support of Ordinance 6328 and will discuss this when the ordinance is brought back before committee for action and consideration as noted by staff. D. Animal Control Services Update Director Kevin Snyder briefed the Committee on the current status of Animal Control Services; the City will shortly be sending door to door marketers/canvassers to work with our citizens to educate and inform them about their pet licensing opportunities and responsibilities. Mr. Snyder explained that King County has stated they do not intend to fine pet owners brought in by City door-to-door marketing program. To clarify further Mr. Snyder said if a pet is out at a park and an animal control officer is unable verify the pet license with the owner any fine would be between King County and the individual. The marketing and outreach efforts by the City will in no way involve any enforcement or fines. Committee members stated they did not feel the recent email they received from Director Snyder, dated September 14, 2010, provided clarity on an exemption from any fines generated by our canvasser's door-to-door marketing program. Mr. Snyder said he has been in contact with the King County representative and they understood we were asking would licenses, or temporary licenses generated from our marketing and canvassing be exempt from a fine. The representative stated there would be no follow up or fine but if King County Animal Control Officer during general duties in the field was unable to verify pet licensing for an animal it would then be between King County and the individual. Mr. Snyder stated he will follow up with King County to make sure the intent and specific language is stated in the record; that the City's marketing efforts would be exempt from generating fines after the amnesty period. The City will begin promoting pet licensing through a variety of methods such as posting banners, utility inserts, and through the school district. Director Snyder stated pet license sales will be expanded from the City Clerk's office to the Permit Center, Senior Center and Parks, Administration and Recreation building to increase sales. Page 5 Planning and Community Development Committee Minutes September 13, 2010 E. Introduction by Spencer Alpert of colleagues working with Alpert Capital. Spencer Alpert introduced Mel Maertz of M2 Architect, Alpert Capital's lead architect since 2009. Next Mr. Alpert introduced Mike Horner and Steve Crantz of Pacific Real Estate Partners. He states Alpert Capital is excited to have them as prospective long term participants of the redevelopment and marketing of downtown Auburn and specifically the Auburn junction project because they have an expensive history and resumes. Committee requested Mr. Alpert provide a 15 minute presentation at the next Planning and Community Development meeting scheduled for September 27. Mr. Alpert stated he would provide a presentation at the next meeting. F. Discussion on EB-5 Immigrant Investor program. Committee and staff discussed the EB-5 Immigrant Investor program which was presented at the recent growth management policy coordination meeting while the City of Federal way made their comprehensive plan presentation for the urban core. Committee would like to understand more about this program to see if this is something that would be beneficial to the City of Auburn. Director Snyder stated he will research the EB-5 Immigrant Investor program and report back to the Committee. E. PCDC Status Matrix Committee requested an agenda item to discuss item 15, Building and Community. Staff stated they will add this to the agenda. Committee asked for a detailed report of the WSU IDeX Project. Mr. Snyder stated this would be added to the agenda for the next meeting. VI. ADJOURNMENT There being no further business to come before the Planning and Community Development Committee, Chair Norman adjourned the meeting at 6:37 p.m. APPROVED THIS o7~~ DAY OF Lynn N r n, Chair Ti, Ad minis r ve Support Clerk Page 6