HomeMy WebLinkAbout05-29-2012 Agenda Packet
Planning and Community Development
May 29, 2012 - 5:00 PM
Annex Conference Room 2
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
C.Agenda Modifications
II.CONSENT AGENDA
A. PCDC Draft May 14, 2012 Minutes* (Snyder)
III.ACTION
A. Resolution No. 4470 - Physical Address Change Recommendations* (Tate)
Review proposed changes to physical addresses recommended by the City of
Auburn Addressing Committee and reviewed and approved by City Directors and
the Valley Regional Fire Authority (VRFA) Administrator.
B. Resolution No. 4818* (Hankins)
A Resolution of the City Council of the City of Auburn, Washington, Setting a
Hearing Date in Relation to Amending the 2012-2017 Transportation Improvement
Program of the City of Auburn Pursuant to R.C.W. Chapter 35.77
IV.DISCUSSION ITEMS
A. Resolution No. 4819* (Hankins)
A Resolution of the City Council of the City of Auburn, Washington, Amending the
2012-2017 Six-Year Transportaiton Improvement Program of the City of Auburn
Pursuant to R.C.W. Chapter 35.77
B. ZOA12-0002 - Cannabis Collective Garden Moratorium Expiration* (Taylor)
Discussion to address the work plan established by Resolution No. 4739 which
placed a moratorium on the establishment of cannabis collective gardens.
C. Proposed Amendment of the Interlocal Agreement between the City and Port
of Seattle* (Dixon)
Staff to discuss a proposed amendment to the previous 1998 Interlocal Agreement
between the City and the Port of Seattle.
D. Director's Report (Snyder)
E. PCDC Matrix* (Snyder)
V.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
Page 1 of 111
(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.
Page 2 of 111
AGENDA BILL APPROVAL FORM
Agenda Subject:
PCDC Draft May 14, 2012 Minutes
Date:
May 24, 2012
Department:
Planning and Development
Attachments:
Draft PCDC May 14, 2012 minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
See attached minutes.
Reviewed by Council Committees:
Councilmember:Backus Staff:Snyder
Meeting Date:May 29, 2012 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 3 of 111
Planning and Community
Development
May 14, 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, One East Main Street, Auburn, Washington.
A. Roll Call
Chair Nancy Backus, Vice-Chair John Partridge, and Member John
Holman were present. Also present were Mayor Pete Lewis, Planning
and Development Director Kevin Snyder, Economic Development
Manager Doug Lein, Facilities Manager Lisa Moore, and Planning
Support Clerk Bobbie Hodgkinson. Members of the public were: Scot
Pondelick.
B. Announcements
1. Presentation (Snyder)
The Auburn Downtown Association. Kathleen Keator, Executive Director, will
provide an update on the Association's 2012 plans and activities.
C. Agenda Modifications
Item I. B. 1. The Auburn Downtown Association presentation is
postponed to a future date.
II. CONSENT AGENDA
A. Minutes - April 23, 2012 (Snyder)
Councilmember Partridge moved and Councilmember
Holman seconded to Approve
Motion Carried Unanimously. 3-0.
III. ACTION
A. Auburn Environmental Park Parking Lot project (C412A0) Change
Order Approval & Final Acceptance (Snyder)
Request for Committee action to move to full City Council approval of
a change order in the amount of $21,322.09 to the executed contract
with Hoffman Construction and final acceptance of the expanded
gravel and pervious surfaces parking lot, graveled shoulders and
Page 1 of 4
CA.B Page 4 of 111
pervious pathways at the Auburn Environmental Park.
Councilmember Partridge moved and Councilmember
Holman seconded to Approve
Planning Director Snyder stated there was a need for a change order
because there were some challenges both with shoulder work which
required a lot more gravel and compaction than anticipated, and it was
discovered that the gravel base for the trail system was unstable and
would present challenges to meet the Americans With Disabilities Act
(ADA) accessibility requirements. Planning Director Snyder further
added that to maximize economies of scale additional work was done,
which was the basis for the change order, and noted also that there is
adequate budget capacity and will not necessitate a budget
amendment.
Motion Carried Unanimously. 3-0.
IV. DISCUSSION ITEMS
A. Ordinance No. 6412 (Chamberlain)
Discuss the extension of the traffic impact exemption for the
Downtown Catalyst Area, which currently sunsets on June 30, 2012.
Councilmember Partridge moved and Councilmember
Holman seconded to Approve
Mayor Lewis explained that the current exemption for traffic impact
fees in the Downtown Catalyst Area was to sunset after five years,
and during the middle of the five years came the great recession.
Now that the Promenade is done, the Cavanaugh block is settled, and
things are starting up, staff is requesting the exemption be continued.
Mayor Lewis emphasized that this is one of the City's economic tools
that can be used in the downtown area. Vice-Chair Partridge asked
about impacts to the City to not have this in place. Chair Backus
stated that if it is in place, the City has to pay for any impact fees not
collected out of the general fund; the City would be responsible to pay
out of the general fund into the appropriate fund. Planning Director
Snyder clarified that the traffic impact fee is a one-time fee and
property and sales tax are on-going revenue streams so it does
balance out over a period of time, and ultimately the City will see a net
benefit that will increase the general fund. Staff stressed the
importance of this tool to bring catalyst projects to the downtown, and
Mayor Lewis suggested that the Committee may want to consider
expanding into other areas of the City. Staff will provide the
Committee with a schedule of impact fees. The Committee concurred
with Mayor Lewis' request to move Ordinance No. 6412 forward to full
Council for consideration.
Page 2 of 4
CA.B Page 5 of 111
Motion Carried Unanimously. 3-0.
B. Ordinance No. 6409 (Moore)
Committee to review Ordinance No. 6409, amending Section
10.40.020 of the Auburn City Code relating to off-street municipal
parking.
Councilmember Partridge moved and Councilmember
Holman seconded to Approve
Planning Director Snyder provided an updated version of Ordinance
No. 6409 and noted staff discovered that strike out and underline
formatting in the electronic agenda program did not carry through.
Planning Director Snyder stated that since the inception of the Auburn
International Market, vendors have need and use of what is commonly
referred to as the "kiss and ride" parking lot immediately between the
Sounder Station open plaza area and the Truit Building normally used
for commuter purposes. There have been issues with others parking
there who impact the ability of vendors to use this parking lot, and
police have identified that code authority is needed in order to be able
to work with those individuals and effect action. Planning Director
Snyder clarified that this is mostly coming from police but also,
because this is event oriented, it helps in the overall management of
the event and provides consistency. Staff noted Ordinance No. 6409
went through Municipal Services today with concurrence. Committee
concurred with moving Ordinance No. 6409 forward to full Council for
consideration and requested clarification in connection with the
immediacy in the signage language "may be immediately towed"
before going to Council.
Motion Carried Unanimously. 3-0.
C. Director's Report (Snyder)
Planning Director Snyder stated that Coastal Farm and Ranch has
scheduled a grand opening for June 8, 2012. Auto Zone on Auburn
Way North has opened and the second Auto Zone will be on A Street.
Paperwork is in and the review is underway for the second O'Reiley's
on Auburn Way North. The Building and Plan Review areas are very
busy with Building inspection volumes averaging approximately 39
inspections per day. Planning Director Snyder noted that the Retreat
is this week and encouraged the Committee to contact him should
they need additional information or clarification.
D. PCDC Status Matrix (Snyder)
Planning Director Snyder stated there were no major changes to the
matrix; there were updates to the comments section. Mayor Lewis
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CA.B Page 6 of 111
indicated there may be some items coming up and that the City is
talking to the Ports currently to see if they wish to be on-going partners
with Valley Cities and a reply is anticipated within another month or so.
V. ADJOURNMENT
Three being no further business to come before the Committee, the
meeting was adjourned at 5:39 p.m.
DATED THIS _____________ DAY OF ________________, 2012
__________________________ _________________________
Nancy Backus, Chair Bobbie Hodgkinson, Planning
Support Clerk
Page 4 of 4
CA.B Page 7 of 111
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4470 - Physical Address Change
Recommendations
Date:
May 24, 2012
Department:
Planning and Development
Attachments:
Resolution No. 4470
Budget Impact:
$0
Administrative Recommendation:
Planning and Community Development Committee to recommend to the full City Council
approval of Resolution No. 4470.
Background Summary:
At its February 27, 2012 regular meeting, staff presented the Planning and Community
Development Committee (PCDC) with recommendations on physical address changes
for certain geographic areas of the City. These changes were identified as public safety
concerns that could result in delayed or inaccurate public safety responses. The
proposed address changes had been initially reviewed and recommended by the City's
multi-departmental Addressing Committee. They were subsequently reviewed and
approved by the Department Directors including the Police Chief and the Valley Regional
Fire Authority Administrator. The Planning and Community Development Committee
continued its discussion on the proposed address changes to its March 26, 2012
meeting at which time staff requested additional time to investigate potential
implementation strategies. Staff will report back on the results of this investigation at the
Committee's May 29th meeting.
These address changes had been initially presented to the Committee in early 2011 at
which time the Committee requested staff to conduct additional analysis on the proposed
changes including meeting with affected residential and non-residential property owners
and businesses. These public meetings were held between March 2011 and May 2011
after which staff spent considerable time, before returning to the Committee, reviewing
the public comments and conducting additional site visits and fact-checking for all of the
proposed address changes.
Reviewed by Council Committees:
Other: Legal
Councilmember:Backus Staff:Tate
AUBURN * MORE THAN YOU IMAGINEDACT.A Page 8 of 111
Meeting Date:May 29, 2012 Item Number:ACT.A
AUBURN * MORE THAN YOU IMAGINEDACT.A Page 9 of 111
--------------------------------
Resolution No. 4470
Month Date, 2011
Page 1 of 6
RESOLUTION NO. 4470
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, TO PROVIDE
AN ADDRESS CHANGE FOR 40 RESIDENCES, 3
COMMERCIAL BUILDINGS, 9 INDUSTRIAL
BUILDINGS, 10 DUPLEXES, AND 8 FOURPLEXES
WHEREAS, Auburn City Code (ACC) Chapters 12.52 and 15.52
concerning the naming of streets and the assignment of specific building
addresses provides authority to the Building Official to develop and administer
the City's Addressing Policies; and
WHEREAS, those policies are intended to create a uniform system for
assigning addresses to buildings within the City; and
WHEREAS, ACC section 15.52.055 provides that petitions for address
changes may be initiated by a City department; and
WHEREAS, the City of Auburn Building Division has identified addresses
in error and in use; and
WHEREAS, the public safety representatives of the City's address
committee are in concurrence with the Building Official that the petitioner's
request will not inhibit public safety; and
WHEREAS, the City Code provides that such requests are decided by the
Auburn City Council; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DOES RESOLVE as follows:
ACT.A Page 10 of 111
--------------------------------
Resolution No. 4470
Month Date, 2011
Page 2 of 6
Section 1. Building Address Assignments. The building numbers listed
below in table 1 shall be eliminated and the buildings assigned those numbers
shall be assigned the corresponding numbers listed in table 2, and those
numbers shall meet the requirements of Auburn City Code chapter 15.52 and all
current and future determinations of the building official regarding each building’s
number.
Table 1 Table 2
SITEPREFIXSTREETTYPESUFFIXUNIT #SITEPREFIXSTREETTYPESUFFIXUNIT #
1 5660 AUBURNWAYS 5722 AUBURNWAYS
2 6600 S287THST 6389 S287thST
3 11026 SE284THST 10962 SE284thST
4 11177 SE284THST 10985 SE284thST
5 1902 EMAINST 1806 EMainST
6 211 OSTNE 243 OSTNE
7 26 M STNE 34 MSTNE
8 510 AUBURNWAYN 510 37thSTNE
9 1148 EMainST 1180 EMAINST
10 1202 EMAINST 1160 EMAINST
11 1208 EMAINST 1170 EMAINST
12 816 4THSTSE 812 4thSTSE
13 950 ISTNE 923 ISTNE
14 1806 4thPLNE 1833 4thPLNE
15 1815 4thPLNE 1829 4thPLNE
16 1824 4thPLNE 1825 4thPLNE
17 1818 4thPLNE 1830 4thPLNE
18 1812 4thPLNE 1826 4thPLNE
19 1814 4thPLNE 1822 4thPLNE
20 1820 4thPLNE 1821 4th PL NE
21 3305MPLSE3305MPLSE #1
22 3307 MPLSE 3305 MPLSE #2
23 3312 MPLSE 3315 MPLSE #1
24 3312 MPLSE 3315 MPLSE #2
25 3340 MPLSE 3306 MPLSE #1
26 3340 MPLSE 3306 MPLSE #2
27 3324 MPLSE 3325 MPLSE
28 28427 WEST VALLEYHWY S4479 WEST VALLEYHWY N
29 28511 WEST VALLEYHWY S4391 WEST VALLEYHWY N
30 28535 WEST VALLEYHWY S4319 WEST VALLEYHWY N
Existing Addresses Proposed Addresses
ACT.A Page 11 of 111
--------------------------------
Resolution No. 4470
Month Date, 2011
Page 3 of 6
SITEPREFIXSTREETTYPESUFFIXUNIT #SITEPREFIXSTREETTYPESUFFIXUNIT #
31 28543 WEST VALLEYHWY S4251 WEST VALLEYHWY N
32 28724 WEST VALLEYHWY S4161 WEST VALLEYHWY N
33 702LSTSE702LSTSE #1
34 704 LSTSE 702 LSTSE #2
35 706LSTSE706LSTSE #1
36 708 LSTSE 706 LSTSE #2
37 720 LSTSE 710 LSTSE
38 12014SE288THST28722120thAVESE
39 4210B STNW A3542nd STNW #1
40 4210B STNW B3542nd STNW #2
41 4210B STNW F3542nd STNW #3
42 4210B STNW H3542nd STNW #4
43 4210B ST NW J3542nd STNW #7
44 4210B STNW K3542nd STNW #8
45 4230B STNW 25542nd STNW
46 4240B STNW 27542nd STNW
47 110 42nd STNW A10 42ndSTNW #1
48 110 42nd STNW B10 42ndSTNW #2
49 22 42nd ST NW A90 42ndSTNW #1
50 22 42nd STNW B90 42ndSTNW #2
51 20 42nd STNW 210 42ndSTN
52 40 42nd STNW 280 42ndSTN
53 3515K STSE A3515 KSTSE #1
54 3515K STSE B3515 KSTSE #2
55 3521K STSE A3521 KSTSE #1
56 3521K STSE B3521 KSTSE #2
57 3527K STSE A3527 KSTSE #1
58 3527K STSE B3527 KSTSE #2
59 3603 K STSE A3531 KSTSE #1
60 3603 K STSE B3531 KSTSE #2
61 1013 37thSTSE A3512K STSE #1
62 1015 37thSTSE A3512K STSE #2
63 1007 37thSTSE A3522K STSE #1
64 1007 37thSTSE B3522K STSE #2
65 1007 37thSTSE C3522K STSE #3
66 1007 37thSTSE D3522K STSE #4
67 1001 37thSTSE A3528K STSE #1
68 1001 37thSTSE B3528K STSE #2
Existing Addresses Proposed Addresses
ACT.A Page 12 of 111
--------------------------------
Resolution No. 4470
Month Date, 2011
Page 4 of 6
SITEPREFIXSTREETTYPESUFFIXUNIT #SITEPREFIXSTREETTYPESUFFIXUNIT #
69 1001 37thSTSE C3528K STSE #3
70 1001 37thSTSE D3528K STSE #4
71 4912 DSTNE 4933 DSTNE
72 4912 DSTNE 4929 DSTNE
73 1952 HSTSE 1965 HSTSE
74 1948 HSTSE 1985 HSTSE
75 1950 HSTSE 1975 HSTSE
76 2017 HSTSE 1995 HSTSE
77 2013 HSTSE 2005 HSTSE
78 2710 ALPINEDRSE 2755 ALPINEDRSE
79 2712 ALPINEDRSE 2753 ALPINEDRSE
80 2714 ALPINEDRSE 2751 ALPINEDRSE
81 2716 ALPINEDRSE 2745 ALPINEDRSE
82 2718 ALPINEDRSE 2743 ALPINEDRSE
83 2726 ALPINEDRSE 2733 ALPINEDRSE
84 2724 ALPINEDRSE 2735 ALPINEDRSE
85 2722 ALPINEDRSE 2737 ALPINEDRSE
86 2720 ALPINEDRSE 2741 ALPINEDRSE
87 2562 MPLNE A2563 MPLNE #1
88 2562 MPLNE B2563 MPLNE #2
89 2562 MPLNE C2563 MPLNE #3
90 2562 MPLNE D2563 MPLNE #4
91 2556 MPLNE A2557 MPLNE #1
92 2556 MPLNE B2557 MPLNE #2
93 2556 MPLNE C2557 MPLNE #3
94 2556 MPLNE D2557 MPLNE #4
95 2545MPLNE A 2545MPL #1
96 2545MPLNE B 2545MPL #2
97 2545MPLNE C 2545MPL #3
98 2545MPLNE D 2545MPL #4
99 2537MPLNE A 2537MPL #1
100 2537MPLNE B 2537MPL #2
101 2537MPLNE C 2537MPL #3
102 2537MPLNE D 2537MPL #4
103 2530 MPLNE A2531 MPL #1
104 2530 MPLNE B2531 MPL #2
105 2530 MPLNE C2531 MPL #3
106 2530 MPLNE D2531 MPL #4
Existing Addresses Proposed Addresses
ACT.A Page 13 of 111
--------------------------------
Resolution No. 4470
Month Date, 2011
Page 5 of 6
SITEPREFIXSTREETTYPESUFFIXUNIT #SITEPREFIXSTREETTYPESUFFIXUNIT #
107 2520 MPLNE A2525 MPL #1
108 2520 MPLNE B2525 MPL #2
109 2520 MPLNE C2525 MPL #3
110 2520 MPLNE D2525 MPL #4
111 4212 AUBURNWAYN 4112 AUBURNWAYN
112 4210 AUBURNWAYN 14110 AUBURNWAYN #1
113 4210 AUBURNWAYN 24110 AUBURNWAYN #2
114 4210 AUBURNWAYN 44110 AUBURNWAYN #4
115 4210 AUBURNWAYN 84110 AUBURNWAYN #8
116 4208 AUBURNWAYN 14108 AUBURNWAYN #1
117 4208 AUBURNWAYN 44108 AUBURNWAYN #4
118 4208 AUBURNWAYN 84108 AUBURNWAYN #8
119 4202 AUBURNWAYN 14102 AUBURNWAYN #1
120 4202 AUBURNWAYN 44102 AUBURNWAYN #4
121 4202 AUBURNWAYN 84102 AUBURNWAYN #8
122 4202 AUBURNWAYN 54102 AUBURNWAYN #5
123 4204 AUBURNWAYN 14104 AUBURNWAYN #1
124 4204 AUBURNWAYN 34104 AUBURNWAYN #3
125 4204 AUBURNWAYN 44104 AUBURNWAYN #4
126 4204 AUBURNWAYN 54104 AUBURNWAYN #5
127 4204 AUBURNWAYN 84104 AUBURNWAYN #8
128 2802 AUBURNWAY N2802AUBURNWAYN #1
129 2806 AUBURNWAYN A2802 AUBURNWAYN #2
130 2806 AUBURNWAYN B2802 AUBURNWAYN #3
131 2808 AUBURNWAYN A2802 AUBURNWAYN #4
132 2808 AUBURNWAY N B2802 AUBURNWAYN #5
133 2810 AUBURNWAYN 2802 AUBURNWAYN #6
134 2811 AUBURNWAYN 2802 AUBURNWAYN #7
135 2812 AUBURNWAYN 2802 AUBURNWAYN #8
136 2814 AUBURNWAYN 2802 AUBURNWAYN #9
137 2816 AUBURNWAYN 2802 AUBURNWAYN #10
138 2818 AUBURNWAYN 2802 AUBURNWAYN #11
139 2822 AUBURNWAYN 2802 AUBURNWAYN #12
140 2824 AUBURNWAYN 2802 AUBURNWAYN #13
141 2826 AUBURN WAYN 2802 AUBURNWAYN #14
ACT.A Page 14 of 111
--------------------------------
Resolution No. 4470
Month Date, 2011
Page 6 of 6
Section 2. Implementation. The Mayor of the City of Auburn is hereby
authorized to implement such administrative procedures as may be necessary
to carry out the direction(s) of this Resolution.
Section 3. Effective Date. That this Resolution shall take effect and be in full
force one year following passage and signatures hereon.
DATED AND SIGNED THIS _____ DAY OF_____, 2011.
________________________________
PETER B. LEWIS
MAYOR
ATTEST:
___________________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
___________________________
Daniel B. Heid,
City Attorney
ACT.A Page 15 of 111
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4818
Date:
May 23, 2012
Department:
Public Works
Attachments:
Resolution No. 4818
Budget Impact:
$0
Administrative Recommendation:
Planning & Community Development Committee recommend City Council to set the date for
a public hearing on a proposed amendment to the 2012-2017 Transportation Improvement
Program (TIP).
Background Summary:
The City of Auburn has recently been awarded a grant from the Washington State Department of
Transportation for $400,000 with no match to improve safety at various intersections throughout the City. The
project includes the installation of flashing yellow arrows, auxilary signal heads, new vehicle detction, and LED
signal head lamps.
The program distributes funds from SAFETEA-LU's Federal Highway Safety Improvement Program (HSIP).As
part of the award, Auburn is required to add the project to the 2012-2017 Transportation Improvement Program
(TIP) and the Washington State Transportation Improvement Program (STIP) in order to be eligible to obligate
the awarded federal funds.
Pursuant to RCW 35.77.010 the legislative body of each city is required to prepare and adopt a comprehensive
transportation program for the ensuing six years. The program may at any time be revised by a majority of the
legislative body of a city, but only after conducting a public hearing.
This Council Agenda Bill will set a date of June 18, 2012 to conduct the public hearing.
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Backus Staff:Hankins
Meeting Date:May 29, 2012 Item Number:ACT.B
AUBURN * MORE THAN YOU IMAGINEDACT.B Page 16 of 111
---------------------------
Resolution No. 4818
June 18, 2012
Page 1
RESOLUTION NO. 4818
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A HEARING DATE IN
RELATION TO AMENDING THE 2012-2017 TRANSPORTATION
IMPROVEMENT PROGRAM OF THE CITY OF AUBURN
PURSUANT TO R.C.W. CHAPTER 35.77
WHEREAS, on April 16, 2012, the City of Auburn was provided
notification by the Washington State Department of Transportation about a
grant award in the amount of $400,000 in funds based on an application that
the City submitted on October 28, 2011 for Citywide Safety Traffic Signal
Improvements; and
WHEREAS, as part of the award, the City is required to add the project
to the 2012-2017 Transportation Improvement Program (TIP) and the
Washington State Transportation Improvement Program (STIP) in order to be
eligible to obligate the awarded funds; and
WHEREAS, RCW 35.77.010 requires that the legislative body of each
City is required to prepare and adopt a Comprehensive Transportation
Improvement Program (TIP) for the ensuing six years. The program may at any
time be revised by a majority of the legislative body of a City, but only after
conducting a public hearing.
ACT.B Page 17 of 111
---------------------------
Resolution No. 4818
June 18, 2012
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. PURPOSE. The purpose of this Resolution is for the City
Council to set a time and date for a public hearing to amend the 2012-2017
Transportation Improvement Program, to add a new project for which the City is
now eligible to receive grant funding.
Section 2. NOTICE OF HEARING. The Council hereby directs that a
notice specifying the time and place of the public hearing shall be published one
time in a newspaper of general circulation and the notice shall also be posted in
three public places. Such public notice shall precede the public hearing by at
least 10 days.
Section 3. DATE OF HEARING. Pursuant to the requirements of State
law, a public hearing on said 2012-2017 Transportation Improvement Program
will be held on the 18th day of June, 2012, at 7:30 p.m., or as soon thereafter as
reasonably possible, in the Council Chambers of the Auburn City Hall at 25
West Main Street in Auburn, Washington, before the City Council. All persons
interested in said 2012-2017 Transportation Improvement Program may attend
and testify at said hearing.
Section 4. AUTHORITY. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directives
of this legislation.
ACT.B Page 18 of 111
---------------------------
Resolution No. 4818
June 18, 2012
Page 3
Section 5. EFFECTIVE DATE. This resolution shall be in full force and
effect upon passage and signatures hereon.
DATED and SIGNED this _____ day of June, 2012.
CITY OF AUBURN
_______________________________
PETER B. LEWIS
MAYOR
ATTEST:
________________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
________________________
Daniel B. Heid,
City Attorney
ACT.B Page 19 of 111
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4819
Date:
May 23, 2012
Department:
Public Works
Attachments:
Memo
Resolution No. 4819
TIP Project No. 67 - Project Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Planning & Community Development Committee discuss and recommend the 2012-2017
Transportation Improvement Program be amended to include the recently awarded
Citywide Traffic Signal Safety Improvements grant.
Background Summary:
The City of Auburn has recently been awarded a grant from the Washington State Department of
Transportation for $400,000 with no match to improve safety at various intersections throughout the City.
The project includes the installation of flashing yellow arrows, auxilary signal heads, new vehicle detection,
and LED signal head lamps.
The program distributes funds from SAFETEA-LU's Federal Highway Safety Improvement Program
(HSIP). As part of the award, Auburn is required to add the project to the 2012-2017 Transportation
Improvement Program (TIP) and the Washington State Transportation Improvement Program (STIP) in
order to be eligible to obligate the awarded federal funds.
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Backus Staff:Hankins
Meeting Date:May 29, 2012 Item Number:DI.A
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 20 of 111
Page 1 of 1
Memorandum
TO: Planning and Community Development Committee (PCDC), Mayor Lewis
FROM: Public Works Department, Transportation Section
RE: Set Public Hearing (Resolution No. 4818) & Proposed Amendment to the Auburn 2012-
2017 Transportation Improvement Program (Resolution No. 4819)
DATE: May 28, 2012
CC: Kevin Snyder, Dennis Dowdy, Dennis Selle, Shelley Coleman, Martin Chaw
Background
The City of Auburn was recently awarded a grant from the Washington State Department of
Transportation for $400,000 with no match required to improve safety at various signalized
intersections throughout the City. This program distributes funds from SAFETEA-LU's Federal
Highway Safety Improvement Program (HSIP).
The grant includes improving vehicular and pedestrian safety for multiple intersections in Auburn. The
City will install flashing yellow arrows, auxiliary signal heads, new vehicle detection systems, new
LED Signal Head Lamps and other similar improvements.
As part of the award, Auburn is required to add the project to the 2012-2017 Transportation
Improvement Program (TIP) and the Washington State Transportation Improvement Program (STIP)
in order to be eligible to obligate the awarded federal funds.
Pursuant to RCW 35.77.010 the legislative body of each city is required to prepare and adopt a
comprehensive transportation program for the ensuing six years. The program may at any time be
revised by a majority of the legislative body of a city, but only after conducting a public hearing.
Attached for review are:
Resolution No. 4819 which adds the project to the 2012-2017 TIP.
TIP New Project Sheet (No. #67)
Project Map
DI.A Page 21 of 111
---------------------------
Resolution No. 4819
June 18, 2012
Page 1
RESOLUTION NO. 4819
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING THE 2012-2017 SIX-YEAR
TRANSPORTATION IMPROVEMENT PROGRAM OF THE CITY
OF AUBURN PURSUANT TO R.C.W. CHAPTER 35.77
WHEREAS, The City of Auburn was identified by the Washington State
Department of Transportation (WSDOT) as a candidate eligible for up to
$400,000 under the Citywide category of the City Safety program due to the
high number of intersections with fatal and serious injury crashes; and
WHEREAS, The City of Auburn has a proactive program to implement
safety improvements that has addressed many of the intersections that were
listed in the call for proposals; and
WHEREAS, the City submitted a grant application on October 28, 2011
for Citywide Safety Traffic Signal Improvements which detailed a proposal to
implement low-cost and widespread improvements at signalized intersections
addressing many of the intersection related collisions identified by WSDOT; and
WHEREAS, on April 16, 2012, the City of Auburn was provided
notification by the Washington State Department of Transportation that an
award in the amount of $400,000 was granted based on an application
submitted; and
DI.A Page 22 of 111
---------------------------
Resolution No. 4819
June 18, 2012
Page 2
WHEREAS, as part of the award, the City is required to add the project
to the 2012-2017 Transportation Improvement Program (TIP) and the
Washington State Transportation Improvement Program (STIP) in order to be
eligible to obligate the awarded funds; and
WHEREAS, pursuant to RCW 35.77.010, a public hearing to consider
amending the 2012-2017 Transportation Improvement Program for the City of
Auburn was held on June 18th, 2012 at the hour of 7:30 p.m. in the Council
Chambers of the Auburn City Hall, pursuant to notice published in the legal
newspaper of the City of Auburn on June 8th, 2012; and
WHEREAS, said amendment to the 2012-2017 Transportation
Improvement Program of the City of Auburn was approved by the City Council
by motion duly made and carried in said hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. There is attached hereto and denominated as Exhibit “A” and
the terms of which are incorporated herewith by reference as though fully set
forth, a designation of the streets within the corporate limits of the City of
Auburn to be improved in the manner therein set forth during the year set for
the improvement of such street or streets.
DI.A Page 23 of 111
---------------------------
Resolution No. 4819
June 18, 2012
Page 3
Section 2. That the City Engineer of the City of Auburn is hereby
directed to forward a certified copy of this Resolution to the Washington State
Department of Transportation for filing not more than thirty (30) days after the
adoption of this Resolution.
Section 3. That the Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 4. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
DATED this ____ day of June, 2012
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
______________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
_____________________
Daniel B. Heid,
City Attorney
DI.A Page 24 of 111
ARTERIAL STREET FUND (102)Capital Facilities Plan
Six Year Capital Facilities Plan, 2012-2017 Special Revenue Fund
Project Title: TIP # 67
Project No:cpxxx
Project Type:Intersection Improvement
Project Manager:TBD LOS Corridor ID# xx
Description:
Budget: 2010YTD Actual201110 Budget
BudgetExpendituresBudgetBalance
- - - -
- - - -
- - - -
Activity:
(Previous Yrs)2011 YE 2012 Year EndTotal Project
Funding Sources:Prior to 2011Estimate2012 Budget2013 BudgetProject TotalCost
Unrestricted Street Revenue - - - - - -
Grants (Fed,State,Local)- - 400,000 - 400,000
Traffic Impact Fees - - - - - -
REET2 - - - - - -
Other - - - - - -
- - - 400,000 - 400,000
Capital Expenditures:
Design - - 80,000 - 80,000
Right of Way - - - - - -
Construction - - - 320,000 - 320,000
- - - 400,000 - 400,000
TotalExpenditures
20142015201620172012 - 2017Beyond 2017
Funding Sources:
Unrestricted Street Revenue - - - - - -
Grants (Fed,State,Local)- - - - 400,000 -
Traffic Impact Fees - - - - - -
REET2 - - - - - -
Other - - - - - -
- - - - 400,000 -
Capital Expenditures:
Design - - - - 80,000 -
Right of Way - - - - - -
Construction - - - - 320,000 -
- - - - 400,000 -
Grants / Other Sources:
This project will implement traffic signal safety improvements at applicable high accident intersections citywide. Improvements at each
intersection will include some or all of the following; Flashing Yellow Arrow left turn operations, installation of auxiliary signal heads, new or
improved vehicle detection systems, installation of signal head back plates with reflective yellow border tape, countdown pedestrian signal
heads, enhanced pedestrian pushbuttons, and new LED signal lamps.
Progress Summary:
Future Impact on Operating Budget:
Total Expenditures:
Total Expenditures:
Total Funding Sources:
Forecasted Project Cost:
Citywide Traffic Signal Safety Improvements
Budget Amendments
Adjusted Budget
Total Funding Sources:
This project will have no impact on the operating budget for street maintenance.
Adopted Budget
DI.A Page 25 of 111
ALGONA
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Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy.
Map ID: 3839Printed On: 10/26/11
Signal Safety Improvements
0 300 600 900 1,200 1,500
FEETProposed Traffic Signal Improvements
City of Auburn
Parks
Water Features
HSIP City Safety Program (2009-2015)
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AGENDA BILL APPROVAL FORM
Agenda Subject:
ZOA12-0002 - Cannabis Collective Garden Moratorium
Expiration
Date:
May 23, 2012
Department:
Planning and Development
Attachments:
Memorandum
Resolution No. 4739
City of Pasco agenda including
Resolution No. 3340
City of Woodinville Ordinance and
Minutes
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Other: Planning Commission
Councilmember:Backus Staff:Taylor
Meeting Date:May 29, 2012 Item Number:DI.A
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 27 of 111
Page 1 of 3
Memorandum
To: Councilmember Nancy Backus, Chair, Planning and Community Development
Committee
Councilmember John Partridge, Vice- Chair, Planning and Community Development
Committee
Councilmember John Holman, Member, Planning and Community Development
Committee
From: Hillary Taylor, Senior Planner
CC: Kevin Snyder, AICP, Planning and Development Director
Dan Heid, City Attorney, City Attorney’s Office
Rob Roscoe, Risk Manager, HR Facilities/Risk Management
Jamie Sidell, Commander - Investigations, Police Department
Date: May 18, 2012
Re: Collective Garden Moratorium Expiration (Resolution No. 4739)
At the May 29, 2012 Planning and Community Development Committee meeting, staff will
present the following memorandum to the Committee to provide an update on staff research
in compliance with the work plan established by Resolution No. 4739, which established a
one year moratorium on Collective Gardens.
Background
At the February 7, 2012 and May 8, 2012 Planning Commission meetings, staff presented
two memorandums on Resolution No. 4739 which was adopted by the City Council on
August 15, 2011, establishing a moratorium on collective gardens. The moratorium expires
on August 15, 2012. As part of the resolution, Council specified a work plan regarding the
creation of regulations for collective gardens. In accordance with the work plan staff
continues to research pending legal decisions regarding the legality of marijuana and
associated collective gardens.
Staff Research
FEDERAL CONFLICT:
In 1970 the Controlled Substances Act was approved by the United States Congress. The
Act regulates cannabis as a Schedule I drug, classifying cannabis as having high potential for
abuse, no medical use, and not safe to use under medical supervision. In conflict with this
schedule adopted by Congress, sixteen states have enacted legislation allowing the medical
use of cannabis by their citizens. Drugs are regulated by the Drug Enforcement
Administration (DEA).
DI.A Page 28 of 111
Page 2 of 3
RECLASSIFICATION OF THE DRUG:
The Controlled Substances Act provides for a rulemaking process by which the United States
Attorney General can reschedule cannabis administratively. These proceedings represent the
only means of legalizing medical cannabis without an act of Congress. On November 30,
2011 Governor Gregoire signed a letter addressed to Michele Leonhart, Administrator of the
Drug Enforcement Administration petitioning the government to reclassify marijuana as a
Schedule II drug. Governor Gregoire co-signed the letter with Governor Chafee of Rhode
Island. In the letter the Governor cited the June 21, 2011 denial by the DEA of a 2002 petition
to reclassify the drug due to a 2006 review by the Food and Drug Administration that found
that marijuana still falls under the threshold of a Schedule I drug. Governors Gregoire and
Chafee argue that significant medical research has been completed since the 2006 study
citing the 2009 American Medical Association support for investigation and clinical research of
cannabis for medicinal use.
CONFLICT WITHIN THE LAW SIGNED BY THE GOVERNOR:
The State of Washington Legislature adopted Engrossed Second Substitute Senate Bill
5073 (E2SSB 5073) which became effective on July 22, 2011. E2SSB 5073 allows
cannabis to be grown in collective gardens. The Governor vetoed portions of the bill that
are referenced by other sections; because of this there are conflicts within E2SSB 5073
due to references in the approved bill to deleted sections. The recent legislative session
did not address the conflicts within the approved bill. Staff research found that the
following cities have adopted moratoriums: Yacolt, Tacoma, Kirkland, Port Orchard,
North Bonneville, Covington, Milton, Anacortes, Bonney Lake, Sunnyside, Fife,
Stanwood, SeaTac, Everett, Tukwila, Millwood, Longview, Camas, Vancouver,
Covington, Shoreline, Mukilteo, Orting and Redmond. Research found that only the City
of Issaquah has adopted regulations allowing the establishment of collective gardens in
some zoning districts. Staff found that the City of Woodinville has adopted regulations to
outright deny the land use within the city. Many of the communities that have adopted
moratoriums cited lack of clarity in the approved E2SSB 5073, the conflict between the
federal and state law, and potential changes to the approved state bill due to citizen
sponsored initiatives.
STATE INITIATIVE:
There is a citizen sponsored initiative to legalize the use of cannabis that has been
submitted and will be on the ballot for the general election in November 2012. The text
of the initiative can be found on the state web site at the following link:
sos.wa.gov/assets/elections/initiatives/i502.pdf The initiative proposes to authorize the
state liquor control board to regulate and tax marijuana for persons twenty-one years of
age and older, and add a new threshold for driving under the influence of marijuana.
The initiative contains language to license and to regulate producers, processors and
retailers of marijuana.
CURRENT EVENTS UPDATE:
After the staff presentation to the Planning Commission at the May 8th meeting, staff
became aware that two communities had moved forward with policies regarding
collective gardens. On May 7th the City Council of the City of Bellevue adopted interim
zoning regulations for medical marijuana “collective gardens” to ensure that such
gardens, now allowed by State law, don’t harm residential neighborhoods. The adopted
zoning ordinance only allows the gardens in areas zoned light industrial, general
commercial and medical institutions and prohibits them within 1,000 feet of schools and
DI.A Page 29 of 111
Page 3 of 3
churches. The ordinance allows the City six months to gather public input and consider
whether any city codes need to be changed. On May 14th the City Council of the City of
Pasco held a workshop on collective gardens and indicated that the City will likely adopt
an ordinance that will state that the City will not allow anything in the zoning code that
violates state or federal law. Additionally, the United States Conference of Mayors
supports the Gregoire-Chafee petition and urges the DEA to initiate rulemaking
proceedings for the reclassification of medical cannabis from Schedule I to Schedule II of
the Controlled Substances Act so qualifying patients who follow state law may obtain the
medication they need through the traditional and safe method of physician prescribing
and pharmacy dispensing.
DISCUSSION:
1) Should staff further investigate the approach taken by the Cities of Woodinville and Pasco
to adopt an ordinance that will state that the City will not allow anything in the zoning code
that violates State or Federal law?
2) Should staff pursue the extension of Resolution No. 4739 for an additional six months to
allow staff more time to address the items identified within the work plan of the resolution?
Exhibits:
1) City of Auburn Resolution No. 4739
2) City of Pasco agenda report including Resolution No. 3340 and Council Agenda for
5/14/2012
3) City of Woodinville Ordinance No. 541 and meeting minutes from 2/21/2012
DI.A Page 30 of 111
RESOLUTION NO 4 7 3 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON ESTABLISHING A ONE YEAR
MORATORIUM ON THE ESTABUSHMENT OPERATION
LOCATION AND LICENSING OF COLLECTIVE GARDENS
IN THE CITY OF AUBURN ESTABLISHING A WORK
PLAN AND SETTING A DATE FOR A PUBLIC HEARING
WHEREAS the Washington State Legislature Chapter approved Engrossed
Second Substitute Senate Bill E2SSB 5073 effective July 22 2011 that allows
canabis to be grown in collective gardens and
WHEREAS E2SSB 5073 allows the City to regulate cannabis by enacting
zoning licensing andor health and safety requirements and
WHEREAS the City of Aubum does not currently have a specific provision in its
zoning and land use codes addressing the use of property for collective gardens and
WHEREAS in conformity with the responsibilities of the Cify of Aubum to provide
for zoning and land use regulations pursuant to state law and the Citys authority to
regulate land use activity within its corporate limits the City intends to develop
appropriate zoning and land use regulations for collective gardens and
WHEREAS the City Council finds thaf the secondary impacts associated with
collective gardens could include crimes against the gardens themselves as a result of
the materials being grown onsite increased criminal activity in areas around the
collective gardens loss of revenue for neighboring businesses and exposure of
cannabis to minors and
Resolution No 4739
August 3 2011
Page 1 of 6
DI.A Page 31 of 111
WHEREAS the City Council further finds that indiscriminate and inappropriately
placed collective gardens may result in diminution of real estate property values and
may as well result in adverse impacts to the affected neighborhoods and
WHEREAS the issues involved in this subjecf are further exacerbated by the fact
that the US Attomeys Office has threaded that nofinrithstanding permissive state law
violations of federal law may be prosecuted even against state and local governments
that take action to permit or approve activities that violate the more restrictive federal
law and
WHEREAS even aside from the conflict between state and federal law there are
conflicts befinreen provisions in E2SSB 5073 as it was finally approved that need to be
considered in that for instance Section 403 of the Bill dealing with collective gardens
references registry requirements established in Section 901 of the Bill but Section 901
was vetoed by the Governor and
V1HEREAS to avoid or minimize the potential negative impacts of any future use
of property for such collective gardens in the City of Auburn it will be necessary for
there to be regulations in place to 1 properly review and assess the impacts collective
gardens may have on the City and the immediate neighborhood or commercial district
and 2 determine reasonable and appropriate measures to be taken to mitigate those
identified negative impacts and
WHEREAS in order to fully consider all the options and alternatives for such
regulations and to fully investigate and review all of the factors involved in developing
appropriate regulation of collective gardens the Cify needs time to complete such
reviews and
Resolution No 4739
Augusf 3 2011
Page 2 of 6
DI.A Page 32 of 111
WHEREAS RCW 35A63220 and 3670A390 authorize cities to adopt
moratoria and
WHEREAS the City Council concludes that the City has the authority and that it
is necessary to establish a moratorium concerning the establishment location
operation and licensing for collective gardens to act as a stopgap measure in order to
1 to provide the City with an opportunity to study the issues conceming the siting
operation and licensing of such gardens and prepare appropriafe revisions to the City
codes and regulations and 2 to protect the health safety and welfare of the citizens of
Auburn by ameliorating negative impacts of gardens and
WHEREAS consistent with the provisions of RCW 35A63220 it is appropriate
for the Gity Council to hold public hearings and to authorize the holding of public
hearings andor other means to gather information and adopt findings of fact supporting
and justifying the moratorium and o implement a work plan for review of the collective
garden related issues
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN
V1ASHINGTON HEREBY RESOLVES as follows
Section 1 GlAoratorium Established Pursuant to RCW 35A63220 a
moratocium is hereby imposed prohibiting collective gardens in all zoning districts in the
Gify of Auburn
Section 2 Terrn of Moratoriurro The moratorium imposed by this resolution
shall become effective on the date hereof and shall continue in effect for an initial
period of one year unless repealed extended or modified by the City Council after
subsequent public hearings and entry of appropriate findings of fact pursuant to RCW
Resolution No 4739
August 3 2011
Page 3 of 6
DI.A Page 33 of 111
35A63220 Provided that the moratorium shall automatically expire upon the effective
date of zoning and land use regulations adopted by the City Council to address siting
and regulation of collective gardens in the City of Aubum
Section 3 PrelirhinarvFindinas The following preliminary findings of fact
are hereby adopted
A The recital clauses are hereby adopted as findings
B Th at collective gardens have the pofential for significant impacts on
neighborhoods and the community
C Thafi because of the potential impacts of collective gardens special care and
attention needs to be employed in developing appropriate legislation that
satisfactorily addresses the concerns of the City while also conforming to
legat requirements
D It is appropriate to colleet and compile documentation information testimony
and statements of concerned citizens of the City and of other persons
interested in or familiar with the issues of collective gardens and their impacts
to fully explore ways toprotect the City and its citizens from the adverse
impacts of these gardens
Section 4 Work Plan The following work plan is adopted to address the
issues involving collective garden regulations
A T he City of Auburn Planning Commission shall be authorized and directed to
hold public works sessions public hearings and public meetings to fully
receive and consider statements testimony positions and other
documenfation or evidence related to the issue of collective gardens
B T he Planning Commission and City staff are authorized and directed to
review the experiences of other jurisdictions the status of legal cases
statistieaF data information studies and other evidence cornpiled by other
municipalities of adverse impacts of collective gardens and to reView the
regulations ordinances and codes adopted and implemented by other
municipalities to address collective garden land uses and any other
information that is pertinent to collective gardens
C The Planning Commission shall work with City staff to develop proposals for
regulation of collective garden land uses and zoning considerations to be
forwarded in its recommendations to the City Council for inclusion in
Resolution No 4739
August 3 2011
Page 4 of 6
DI.A Page 34 of 111
ordinances and ultimate adoption as a part of the City Code of the City of
Auburn
D The Mayor in consultation with the Planning and Development Director the
City Attorney the Police Chief and other staff shall periodically advise the City
Council as to the status of hearings meetings and information development
regarding activities of the Planning Commission and City staff relative to
collective garden tand uses with such reports to be scheduled approximately
every six 6 months or as appropriate throughout the period of the moratorium
and any extensions ttiereof until adoption of a comprehensive ordinance is
developed relating to collective garden land uses
Section 5 Public Hearinq A public hearing shall be scheduled for 730 pm
or as soon thereafter as the matter may be heard on the 19th day of September 2011
in City Council Chambers 25 West Main Street Auburn WA 98001 to hear and
consider the comments and testimony of those wishing to speak at such public hearing
regarding the moratorium
Section 6 Severability The provisions of this resolution are declared to be
separate and severable The invalidity of any clause sentence paragraph subdivision
section or portion of this ordinance or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the remainder of his ordinance or
fhe validity ofits application to other persons or circumstances
Section 7 Effective date That this Resolution shall take effect and be in full
force upon passage and signatures hereon
Dated and Signed this day of 2041
CITY OF N
PETER SLEWIS
MAYOR
Resolution No 4739
August 3 2011
Page 5 of 6
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ATTEST
Danielle E Daskam City Clerk
APPROVED AS TO FORM
D iel B ity ttomey
Published tJ A
Resolution No 4739
August 3 2011
Page 6 ofi6
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Proposed Amendment of the Interlocal Agreement between
the City and Port of Seattle
Date:
May 23, 2012
Department:
Planning and Development
Attachments:
Memorandum
Attachment A - Ordinance No. 5029
Attachment B - Draft of the Proposed
Amendment
Map of Attachment C - Port's Wetland
Mitigation Site
Attachment D - Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Councilmember:Backus Staff:Dixon
Meeting Date:May 29, 2012 Item Number:DI.B
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 67 of 111
MEMORANDUM
TO: Councilmember Nancy Backus, Chair, Planning and Community Development
Committee
Councilmember John Partridge, Vice Chair, Planning and Community
Development Committee
Councilmember John Holman, Planning and Community Development
Committee
CC: Mayor Lewis
FROM: Jeff Dixon, Principal Planner, Planning and Development Department
DATE: May 14, 2012
RE: DISCUSSION AND INFORMATION: Proposed Amendment to the Interlocal
Agreement between City and Port of Seattle
SUMMARY OF PROPOSED AMENDMENT:
Staff seeks to prepare an amendment of the previous 1998 Interlocal Agreement between
the City and the Port of Seattle. The original interlocal agreement was related to
construction of the Port’s wetland mitigation site, provision of infrastructure and property
transfer. The proposed amendment of the interlocal agreement clarifies the related
subject of control of floodplain storage capacity that was not sufficiently addressed in the
original agreement.
PURPOSE OF DISCUSSION/BACKGROUND:
On March 18, 1998 the City and Port of Seattle entered into an Interlocal agreement for
the Port of Seattle’s development of an approximately 69-acre site located in northeast
Auburn as wetland mitigation for impacts associated with the third runway project at
SeaTac Airport. The Interlocal agreement was authorized by the City Council by adoption
of City Ordinance No. 5029 (See attachment).
In 2003, the City and Port identified several issues that were not sufficiently addressed in
the original agreement related to right-of-way alignment, utilities and administration of
floodplain capacity. The City and Port resolved most of those issues. However, it did not
address the remaining issue of floodplain storage created as a result of the excavation of
existing site soil associated with the wetland mitigation construction and what party has
use of this floodplain storage volume is the purpose of this amendment to the Interlocal
Agreement. The Agreement did not specifically reflect the parties’ intent regarding the
control of the floodplain storage capacity and the parties wish to clarify the intent with this
Amendment.
A draft of the proposed amendment to the agreement has been prepared and has been
reviewed by staff of the Legal, Public Works and Planning Departments of the City and
Port of Seattle. This draft of the 1st Amendment to the Interlocal agreement is attached.
DI.B Page 68 of 111
Section 1 of the Amendment modifies Section 6.2 of the original agreement and:
• Modifies the original agreement to recognize that floodplain storage capacity may
be based on the current 1995, 100-year floodplain maps or as may be
subsequently amended by the Federal Emergency management Agency (FEMA).
• Clarifies that the Port or its successor has rights to 17% of the floodplain storage
capacity on the wetland mitigation site. The 17% figure was based on the Port’s
request and the development potential of their adjacent property.
• Clarifies that the City and its successor have the right to the remaining 83% of the
floodplain storage capacity.
• Acknowledges that the intent of the original Interlocal agreement was to provide
the City with use of the newly constructed floodplain storage capacity but this was
not sufficiently disclosed in the original agreement. The original consideration was
sufficient and no additional consideration is needed for this amendment.
• Specifies that the City agrees to use the floodplain storage capacity in its current
form and no alteration of the constructed wetland mitigation site is proposed for
use of the flood storage capacity. Also, that the parties have not made any
representations or guarantees to the amount of floodplain storage that will be
available.
• Provides that the Port declares the excess created floodplain storage capacity to
be surplus.
A map of the Port’s wetland Mitigation site and vicinity map is also attached to this memo.
ATTACHMENTS:
• Attachment A - Ordinance No. 5029 - 1998 Interlocal Agreement between the City
and the Port of Seattle
• Attachment B - Draft of the proposed amendment to the Interlocal Agreement
• Attachment C - Map of Port’s Weltand Mitigation Site
• Attachment D - Vicinity Map
DI.B Page 69 of 111
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DI.B Page 101 of 111
Port of Seattle-City of Auburn
Amendment 1 to Interlocal for Wetlands, etc.
Page 1 of 3
1ST Amendment To
Interlocal Agreement Between City of Auburn and Port of Seattle Regarding
Wetlands Construction, Infrastructure Improvements, and Property Transfer
THIS 1ST AMENDMENT TO an INTERLOCAL AGREEMENT dated March 18,
1998, is made and entered into, pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the
Revised Code of Washington, on the day of , 2012, by
and between the CITY OF AUBURN, a municipal corporation of the State of Washington “City”),
and the PORT OF SEATTLE, a municipal corporation of the State of Washington (“Port”).
WITNESSETH:
WHEREAS, the Parties entered into an Interlocal Agreement on March 18, 1998
(“Agreement”) for the purpose of addressing the Port’s conversion of the property owned by the
Port (“Property”) and identified in the City’s comprehensive plan for residential development to
uses that would not be residentially developed and would not share in the extension of public
infrastructure since the property was proposed as mitigation for the filling of certain wetlands at the
Seattle-Tacoma International Airport; and,
WHEREAS, the Property was specifically constructed by the Port for Wetland Mitigation
purposes. In response to learning of the Port’s plans, the City requested and the Port agreed to
construct the wetland mitigation deeper in order to create additional flood storage that could benefit
the City and other properties in the area as a way to partially compensate the City for the loss of
development potential of the site and lost opportunity for financial participation in the future
extension of roads and utilities, which is typically a requirement of development; but not applicable
to wetland mitigation construction; and
WHEREAS, In 2003, the Parties had several additional issues to address including right-of-
way alignment, utilities, and flood plain capacity control. It was agreed to by the Parties not to
finish the negotiation at that time as it would have delayed City permits being issued for the Port’s
construction of the wetlands that were required in order to advertise the project. A delay in
advertising could have caused a one to three year delay in the project and would have caused
problems with the third runway development at the Seattle-Tacoma International Airport.
Subsequently the issues relating to rights-of-way and utilities were handled outside of the Inter-local
agreement. The remaining issue, flood plain capacity, is the subject of this Amendment to the
Interlocal Agreement.
WHEREAS, in addition to creating additional flood storage capacity on the Property, the
Port paid Auburn $442,000 specifically for lost development potential of the Property and
specifically the lost opportunity for financial participation in the future extension of roads and
utilities and $180,000 for lost storm and sanitary sewer system development charges; and,
WHEREAS, the City agreed to, and did, defer use of the flood storage capacity during the
period of initial establishment of the wetland mitigation to avoid adverse impacts due to potential
changes in hydrology from use of the floodplain; and
DI.B Page 102 of 111
Port of Seattle-City of Auburn
Amendment 1 to Interlocal for Wetlands, etc.
Page 2 of 3
WHEREAS, as part of the Agreement, the Parties intended that the City have control over
use of new flood storage capacity that was created on the Property to mitigate floodplain filling by
the City or other private development designated by the City; and,
WHEREAS, the Agreement did not specifically reflect the Parties’ intent regarding control
of the new flood storage capacity, and the Parties wish to clarify that intent through this
Amendment.
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
THE PARTIES HERETO DO HEREBY AGREE as follows:
1. Section 6 of the Agreement is hereby amended by designating the existing Section as
Subsection 6.1 “Floodplain Change” and by adding a new Subsection 6.2 “Control of Created Flood
Storage Capacity” to read as follows:
6.2 Control of Created Flood Storage Capacity.
1. As a result of the Port’s construction of wetlands, floodplain volume was created on the
Property as indicated in the Federal Emergency Management Agency Conditional Letter of
Map Revision application ( FEMA CLOMR) prepared for the City by Parametrix, dated
July 2007 and as may be subsequently amended. (Attached as Exhibit A and incorporated
herein). This CLOMR application is based on the 1995 FEMA Flood Insurance Rate Maps
currently in effect at the date of this 1st Amendment. The parties acknowledge that FEMA
has not approved the CLOMR, and that FEMA’s failure to do so may affect the ability of
either party to use the flood storage capacity created by the Port’s construction of wetlands.
2. The Port has the right to use 17% of the created flood storage capacity (11.2 acre feet based
on the 2007 CLOMR application) to mitigate potential future floodplain filling on Port
owned parcels 000420-0006, 936060-0258, and 936060-0260. In the event that the FEMA
does not approve the CLOMR, or if Flood Insurance Rate Maps are revised in the future and
prior to fully completing the process for use of the flood storage capacity, the Port has the
right to use the same proportionate share (17%) of any available flood storage capacity In
the event that the Port or its successors in interest use this flood storage capacity, the City
will expedite the processing of all required City permits at no cost for the expedited review
to the Port or to its successors in interest. City standard application fees will apply. In
addition, the City will cooperate in the processing of any required floodplain map revisions
for the Property, but shall not, by this agreement, be responsible for any costs in excess of its
usual costs
3. The City has the right to control the use of any remaining flood storage capacity, in excess
of the Port’s, proportionate percentage of flood storage capacity existing on the Property,
including but not limited to, the right to allow private parties to use part or all of the
capacity. The Parties agree to cooperate to execute any documents necessary to effectuate
the intent of the Agreement and this Amendment.
4. The Parties agree that, because they originally intended for the City to have control of
DI.B Page 103 of 111
Port of Seattle-City of Auburn
Amendment 1 to Interlocal for Wetlands, etc.
Page 3 of 3
assigning use of the newly created flood storage capacity, the consideration exchanged for
the original Agreement was sufficient for that purpose, therefore no additional consideration
is due from the City to the Port for the execution of this 1st Amendment.
5. The City also agrees to use the flood storage capacity in its current constructed form for the
purpose of mitigating future floodplain filling. No site alteration is proposed for the City’s
use unless such alteration is agreed to in writing by the Port. Neither party makes any
representations or guarantees concerning the flood storage volumes that may be available
on the Property, nor does either party bear any responsibility to alter the Property to
create additional flood capacity.
6. The Port declares the excess created flood storage capacity in the Property described in this
1st Amendment to be surplus for Port purposes.
IN WITNESS WHEREOF the Parties hereto have executed this Amendment to the Agreement as
of the day and year first above written.
PORT OF SEATTLE CITY OF AUBURN
By: __________________________________ ____________________________________
Tay Yoshitani Peter B. Lewis
Chief Executive Officer Mayor
Port of Seattle City of Auburn
Attest:
____________________________________
Danielle Daskam, City Clerk
Approved as to Form:
____________________________________
Daniel B. Heid, City Attorney
DI.B Page 104 of 111
DI.B Page 105 of 111
Port of Seattle Wetland Mitigation Site Vicinity
Printed Date:
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
Map Created by City of Auburn eGIS
5/14/2012
DI.B Page 106 of 111
AGENDA BILL APPROVAL FORM
Agenda Subject:
Director's Report
Date:
May 24, 2012
Department:
Planning and Development
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:Snyder
Meeting Date:May 29, 2012 Item Number:DI.C
AUBURN * MORE THAN YOU IMAGINEDDI.C Page 107 of 111
AGENDA BILL APPROVAL FORM
Agenda Subject:
PCDC Matrix
Date:
May 24, 2012
Department:
Planning and Development
Attachments:
PCDC Matrix
Budget Impact:
$0
Administrative Recommendation:
For discussion only, see attached matrix.
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:Snyder
Meeting Date:May 29, 2012 Item Number:DI.D
AUBURN * MORE THAN YOU IMAGINEDDI.D Page 108 of 111
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be scheduled at a later
ti
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.
•
A
m
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r
a
k
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dy by Amtrak.
•
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survey elements being
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.
DI.D Page 109 of 111
Ma
y
2
9
,
2
0
1
2
Page 2
To
p
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c
/
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s
s
u
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Ne
x
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St
a
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4
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ng back to Committee.
5
St
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y
A
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Po
p
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Survey with
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s for other strategy
ar
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.
EN
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T
A
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6
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P
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a
c
q
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s
ition opportunities;
Bo
a
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w
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5
,
2
0
1
2
.
7
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8
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a
tegy for Committee input.
PA
R
K
S
,
A
R
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S
&
R
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C
R
E
A
T
I
O
N
9
L
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.
S
c
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d
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d
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o
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in June.
CO
M
M
U
N
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Y
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V
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C
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D
I
V
I
S
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10
B
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d
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y
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m
m
e
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D
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u
r
e
m
e
e
t
i
n
g
;
b
r
i
e
f
i
n
g
to be scheduled.
11
H
u
m
a
n
S
e
r
v
i
c
e
s
C
e
n
t
e
r
O
n
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H
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d
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d
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q
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s
t
e
d
.
12
Un
i
f
y
c
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m
u
n
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t
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e
s
t
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r
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a
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d
ou
t
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a
c
h
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l
l
2
0
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H
u
r
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h
C
o
m
m
u
n
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y
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e
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v
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s
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o
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a
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n
u
a
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u
pd
a
t
e
s
.
BO
A
R
D
S
,
C
O
M
M
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S
&
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A
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A
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13
A
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n
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20
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1
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1
1
w
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t
h
P
C
D
C
.
DI.D Page 110 of 111
Ma
y
2
9
,
2
0
1
2
Page 3
To
p
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c
/
I
s
s
u
e
Ne
x
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P
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St
a
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14
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al briefing with the
Co
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.
15
P
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&
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w
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.
16
P
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M
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a
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o
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n
with the Planning
Co
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p
d
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c
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.
17
T
r
a
n
s
p
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o
n
,
T
r
a
n
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p
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2
0
1
3
Th
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a
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n
A
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d
5
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2
3
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1
2
w
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h
P
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D
C
.
18
U
r
b
a
n
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1
1
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.
CA
P
I
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A
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A
C
I
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S
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N
N
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G
(
L
o
n
g
R
a
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P
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a
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n
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n
g
)
19
Tr
a
n
s
p
o
r
t
a
t
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o
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P
l
a
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n
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Sc
o
p
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:
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-
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p
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f
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p
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in
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On
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U
p
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a
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a
d
o
p
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b
y
C
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t
y
Council in 2009.
Up
d
a
t
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d
a
n
n
u
a
l
l
y
a
s
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e
d
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p
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c
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m
p
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h
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n
s
i
v
e
plan update process.
20
Tr
a
n
s
p
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t
a
t
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I
m
p
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v
e
m
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Pr
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m
(
T
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)
Sc
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p
e
:
6
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Fa
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2
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Ha
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20
1
2
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1
7
T
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p
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C
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C
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m
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r
19, 2011. The next
si
x
-
y
e
a
r
T
I
P
w
i
l
l
b
e
r
e
v
i
e
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d
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a
l
l
2
0
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2
.
21
Ca
p
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t
a
l
I
m
p
r
o
v
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m
e
n
t
P
l
a
n
s
(
C
I
P
)
Sc
o
p
e
:
6
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a
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a
p
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p
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m
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fo
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s
.
On
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.
OT
H
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R
22
E
c
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.
DI.D Page 111 of 111