HomeMy WebLinkAbout09-23-2013 Agenda_Packet 2013_9_23_Meeting(624)
Planning and Community Development
September 23, 2013 - 5:00 PM
Annex Conference Room 2
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
C.Agenda Modifications
II.CONSENT AGENDA
A. Minutes - September 9, 2013* (Welch)
III.ACTION
A. Ordinance No. 6480* (Faber)
An Ordinance of the City Council of the City of Auburn, Washington, creating a
new Chapter 2.97 of the Auburn City Code, defining a process for considering
requests for placement of monuments, memorials and structures to be located in
City Parks and on City Property.
IV.DISCUSSION ITEMS
A. Theater Lease* (Coleman)
B. Business Licensing 101* (Hanson)
Provide an overview of the City’s Business License program.
C. City of Auburn Floodplain Management* (Andersen)
This is the fifth and final staff briefing to the Committee regarding floodplain
management in the City. Staff will provide information regarding the City’s
implementation of the FEMA Floodplain model ordinance to meet federal
Endangered Species Act requirements, the role of land use policy in floodplain
management, and an overview of other floodplain management policy issues for
potential future consideration by the Committee.
D. Proposed Code Amendment to Chapter 3.94, Multifamily Property Tax
Exemption* (Chamberlain)
Review the proposed code amendment related to the application procedures and
the minimum investment required to take part in the property tax
exemption program.
E. Director's Report (Welch)
F. PCDC Matrix* (Welch)
V.ADJOURNMENT
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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.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes - September 9, 2013
Date:
September 19, 2013
Department:
Planning and Development
Attachments:
September 9, 2013 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Planning and Community Development Committee to approve the September 9, 2013
Planning and Community Development Committee minutes as written.
Background Summary:
See attached minutes.
Reviewed by Council Committees:
Other: Planning
Councilmember:Backus Staff:Welch
Meeting Date:September 23, 2013 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 3 of 63
Planning and Community
Development
September 9, 2013 - 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 One Main Professional Plaza, One East Main Street, Auburn, Washington.
A. Roll Call
Planning and Community Development Committee Chair Nancy Backus and Vice-Chair John Holman were present. Member Largo Wales is excused. Also present were Mayor Pete Lewis; Planning and Development Director Nancy Welch; Finance Director Shelley Coleman; Parks, Arts and Recreation Director Daryl Faber; City Attorney Dan Heid; Public Works Director Dennis Dowdy; Economic Development Manager Doug Lein; Planning Services Manager Elizabeth Chamberlain; Acting Project/Construction Manager Bill Thomas; Senior Planner David Jones; and Planning Secretary Tina Kriss. Members of the audience present: Councilmember Bill Peloza, Robert Whale of the Auburn Reporter, and Russ Campbell.
B. Announcements
C. Agenda Modifications
II. CONSENT AGENDA
A. Minutes - August 26, 2013 (Welch)
Vice-Chair Holman moved and Chair Backus seconded to approve the August 26, 2013 Planning and Community Development Committee minutes as written. Motion carried unanimously. 2-0
III. ACTION
A. Ordinance No. 6473 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 6432, the 2013-2014 Biennial Budget Ordinance, as amended by Ordinance No. 6456, Ordinance No. 6462,
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and Ordinance No. 6472, authorizing amendment to the City of Auburn 2013-2014 Budget.
Finance Director Shelley Coleman provided the staff report for Ordinance No. 6473. Ordinance No. 6473 is the fourth budget amendment for the 2013-2014 biennium and amends the budget as follows: Lea Hill Park: A total of $155,000.00 in additional budget authority is requested to enable installation of the restrooms and roadway resurfacing for Lea Hill Park. Committee and staff discussed the funding source and design work. Auburn Community Center and Auburn Activity Center: Additional budget authority in the amount of $80,240.00 for the Auburn Community Center and $85,000.00 in additional budget authority for the Auburn Activity Center is requested to find completed design services from BLRB municipal construction fund (Fund #328). Committe and staff discussed this project. Airport Runway and Apron Rehabilitation: Additional budget authority in the amount of $110,000.00 is requested to fund design work related to rehabilitation and sea-coating of renway and apron areas at the Auburn Airport. Funding for this phase of the project will include a grant from the Federal Aviation Administration (90% or $100,000.00), the Washington State Department of Transportation (5% or $5,000.00), and the City Airport fund balance (5% or $5,000.00). Committee and staff discussed the grant awards on this project. Vice-Chair Holman moved and Chair Backus seconded to recommend City Council adopt Ordinance No. 6473. Motion carried unanimously. 2-0
B. Ordinance No. 6480 (Faber)
Mayor Lewis reported that the Municipal Services Committee discussed Ordinance No. 6480 and requested changes. City Attorney Dan Heid reviewed the recommendations proposed by the Municipal Services Committee. Ordinance No. 6480 creates a new Chapter 2.97 of the Auburn City Code, defining a process for considering requests for placement of monuments, memorials, and structures to be located in City parks and on City property. After reviewing the proposed changes, the Committee asked City Attorney Heid to draft the Ordinance with the recommendations and bring it back to the PCDC for review at the next meeting. City Attorney Heid pointed out that Ordinance No. 6480 supersedes the earlier
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draft, Resolution No. 4984.
IV. DISCUSSION ITEMS
A. Annexation of City's Remaining Potential Annexation Areas (PAA) (Chamberlain)
Planning Services Manager Elizabeth Chamberlain presented the staff report. Committee and staff discussed the two island areas within the King County portion of Auburn, known as Klump/Thomas and Totem/Stuck Potential Annexation Areas (PAA), and one peninsula area within the Pierce County portion of Auburn's PAA. Staff explained the common ways property can be annexed into a city. The Committee and staff reviewed the map showing the proposed annexation areas and also reviewed the various public outreach options. Vice-Chair Holman distributed a handout showing 2013 updates for annexations to the Revised Code of Washington (RCW 35A.14.295). The Committee emphasized that the public outreach effort is critical and needs to be a significant effort. The Committee recommended that staff begin to work through the annexation process on these areas.
B. Student/Rental Housing Notification (Chamberlain)
Planning Services Manager Elizabeth Chamberlain explained that on September 3, 2013 City Council passed Ordinance No. 6477 establishing new regulations for rental housing. Staff is moving forward with an implementation plan for the new student/rental housing regulations. As the City begins to implement the new regulations, staff has updated the City's Rental Housing Business License forms and website; mailing postcards to the southern portion of Lea Hill; issuing a press release of the new program; and continuing to work with Green River Community College to share information. Committee and staff discussed the details of implementing the new program. Staff distributed a copy of the post card that will be sent out to Lea Hill residents and also provided at the City’s Customer Service Center. Chair Backus invited a member of the audience wishing to make public comment forward: Russ Campbell, 31606 126th Ave. SE, Auburn. Mr. Campbell stated he is concerned that the wording on the postcard being sent to the Lea Hill residents could be interpreted that four (4) unrelated individuals are allow to rent, but if the property is owner-occupied, two additional individuals may occupy the residence for a
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total of six (6). He also asked if the mailings will be sent to the owner or tenant. Committee and staff discussed the mailings to non owner-occupied rentals. Staff clarified that the postcards will be sent to both the property owner’s address and property address of the rental. Committee was supportive of staff’s efforts and requested staff add language to the City’s website clarifying the number of individuals allowed in an owner occupied residence. Staff stated the update will be made before the website goes live on September 10, 2013.
C. Visioning Work - Major Comprehensive Plan Update (Chamberlain)
Planning Services Manager Elizabeth Chamberlain briefed Committee on the City's major comprehensive plan update effort. The City has issued a Request for Qualifications (RFQ) for the visioning portion of the update on August 13, 2013. A total of six submittals were received by the September 3, 2013 deadline. The next step is for a review team to evaluate the submittals to select a consultant. The Committee and staff discussed the visioning work and how it can be incorporated into the proposed strategic plan. The anticipated schedule for the consultant selection and visioning was also reviewed and the Committee was supportive of the schedule.
D. Director's Report (Welch)
Planning and Development Director Nancy Welch distributed a handout showing both Commercial and Single Family Residential permits issued from January 1st through August 31, 2013 and the commercial valuations. The Planning and Development Department is also working on the Comprehensive Plan Request For Qualifications selection; will be attending a scheduled meeting with the Army Corps of Engineers on the Mill Creek 5K Project; continuing to monitor on the FEMA floodplain updates; and is providing staff support for the Airport project review.
E. PCDC Status Matrix (Welch)
The Committee requested no changes or additions to the matrix.
V. ADJOURNMENT
There being no further business to come before the Planning and Community Development Committee, the meeting was adjourned at 6:01 p.m.
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DATED this _____________, day of _________________________, 2013. ___________________________________ Nancy Backus - Chair ____________________________________ Tina Kriss - Secretary
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6480
Date:
September 16, 2013
Department:
Planning and Development
Attachments:
Ordinance No. 6480
Budget Impact:
$0
Administrative Recommendation:
Planning and Community Development Committee to recommend City Council adopt
Ordinance No. 6480.
Background Summary:
The proposed ordinance seeks to establish a process for City Council decisions (except
where exempted) of monuments, memorials, and structures to be located in City Parks or
on City property. The Ordinance addresses criteria to be applied and does so as to
distinguish these monuments and memorials as Government Speech (the right of the
government to express itself in City parks and on City property) rather than opening the
door for competing expressions of individual first amendment rights in a public forum. In
essence, the Ordinance seeks to prevent such monuments from becoming a public forum
for which individuals would be able to make the decision – ostensibly deciding what goes in
City parks, for instance.
The process and criteria are intended to make sure that the City (the City Council) is the
recognized authority entitled to make the decisions of what monuments shall be permitted
to be located on City property and (if so) where on the City property they shall be located.
Reviewed by Council Committees:
Municipal Services, Planning And Community Development Other: Legal
Councilmember:Backus Staff:Faber
Meeting Date:September 23, 2013 Item Number:ACT.A
AUBURN * MORE THAN YOU IMAGINEDACT.A Page 9 of 63
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Ordinance No. 6480
September 11, 2013
Page 1 of 8
ORDINANCE NO. 6 4 8 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CREATING A NEW
CHAPTER 2.97 OF THE AUBURN CITY CODE, DEFINING
A PROCESS FOR CONSIDERING REQUESTS FOR
PLACEMENT OF MONUMENTS, MEMORIALS AND
STRUCTURES TO BE LOCATED IN CITY PARKS AND ON
CITY PROPERTY
WHEREAS, the City of Auburn is an inclusive community and strives to make all
of its citizens feel welcome and a part of the City; and
WHEREAS, the City also recognizes the importance of parks and City property in
the community; and
WHEREAS, different than the first amendment – freedom of speech - rights of
individuals or entities to express themselves, whether in City Parks or other public
forums, the City recognizes its rights to control what structures are constructed on City
Parks and on its property; and
WHEREAS, it is appropriate that a process be defined so that any citizens,
groups or entities who are proposing, requesting or interested in monuments, memorials
and structures to be located in City Parks and City property know the process through
which those requests would be considered and approved; and
WHEREAS, the City also desires to preserve its rights to control what permanent
structures are erected in City Parks and/or on City property, and the City reserves the
right to determine which structures convey a positive community messages in keeping
with the City’s Policy, as stated herein, for structures to be located in City Parks and/or
on City property; and
ACT.A Page 10 of 63
----------------------------
Ordinance No. 6480
September 11, 2013
Page 2 of 8
WHEREAS, the City is receptive to and inviting of requests by individuals and
organizations to have monuments, memorials and structures placed in City parks, within
the parameters of the City’s intended message and purpose, and so long as they are in
keeping with the City’s policy for monuments, memorials and structures to be located in
City Parks and on City property, as described and referenced herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Creation of a New Chapter to the City Code.
A new Chapter 2.97 of the Auburn City Code (ACC) be, and the same hereby is
created to read as follows:
Chapter 2.97
MONUMENTS TO BE LOCATED IN CITY PARKS
AND ON CITY PROPERTY
Sections
2.97.010 Purpose and introduction.
2.97.020 Definitions.
2.97.030 Government speech on monuments.
2.97.040 Administration.
2.97.050 Donated and private funding of monuments.
2.97.060 Review process.
2.97.070 Review criteria.
2.97.080 Public right of way.
2.97.090 Other policies.
2.97.010 Purpose and introduction.
A. The City may, from time to time, decide to install permanent Monuments
on City property to provide the City’s commemoration of persons or events of note, or to
otherwise convey the City’s position on various topics (“referred to as “Government
Speech”). The City retains, in its sole discretion, the rights to control the message of
monuments in its City Parks and on its public property.
B. By placing Monuments on City property, the City intends only to engage in
Government Speech and does not intend to open a public forum for free speech activity.
C. The purpose of this Chapter is to establish criteria and guidelines for the
consideration and installation of Monuments on City-owned property deemed by the
ACT.A Page 11 of 63
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Ordinance No. 6480
September 11, 2013
Page 3 of 8
City to be appropriate to serve as the site for a Monument. In doing so, the City
recognizes the following considerations:
1. Monuments can convey a powerful connection between Auburn and its
history, and in some instances its future.
2. It is therefore important that the placement of Monuments be limited to
circumstances of the highest community-wide importance, both to maintain the
significance of such Monuments and to minimize conflicts with the active and variable
use of public spaces.
Notwithstanding the foregoing, the City may decide, in its sole discretion, to reject
a proposal for a Monument and/or may determine the appropriate site for any and all
City Monuments.
2.97.020 Definitions.
A. The following definitions apply to this Chapter:
1. “Government Speech” means the speech of the City per the doctrine
addressed in Rosenberger v. Rector and Visitors of Univ. of Va., 515 U.S. 819, 115
S.Ct. 2510, 132 L.Ed.2d 700 [1995] and cases relying thereon. Under this doctrine,
when the City retains the power to control the message conveyed, the statements and
expressive actions are Government Speech of the City even if it uses other persons or
entities to communicate its messages.
2. “Monument” means a marker, statue, or other similar permanent
structures and installations to express Government Speech, as described and
referenced in this Chapter, and which are installed by the City on City property, or which
are accepted by the City and installed on City property with City permission, and subject
to the following:
(a) Monuments may be in various forms including statues, fountains,
buildings, or gardens among other forms of monuments as determined by the City.
(b) Monuments do not include items dedicated in parks, such as benches,
trees, small plaques (plaques not larger than five (5) square feet in size), and other
memorials with a dollar value that does not exceed Five Thousand Dollars ($5,000.00),
as determined by the estimated or anticipated cost of purchase or construction and
installation or placement; Provided, however, that if the monument requires a building
permit, it shall be included in the definition of monuments.
(c) Monuments do not include memorial signs as defined in the City’s
Memorial Sign Program (Chapter 12.68 ACC).
B. In the event that a question arises as to whether a proposal falls within the
scope of this Chapter or these definitions, or if a question arises as to how the proposal
falls within the scope hereof, the City Council shall have the sole discretion to decide
such questions and to make determinations relating thereto.
2.97.030 Government speech on monuments.
A. City’s Government Speech Topics. The City may install or accept City-
approved Monuments on City property as a form of “Government Speech” as City
recognition of significant events or people or to provide information from the City on
topics approved by the City, as set forth below:
ACT.A Page 12 of 63
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Ordinance No. 6480
September 11, 2013
Page 4 of 8
1. The contributions of individuals or groups who made a substantial impact
upon the City, the Auburn Community, King County, Pierce County, Washington State,
or the United States;
2. The City’s position on topics of interest to the community, as determined
by the City Council;
3. The history of Auburn, the State of Washington, or of the United States;
4. Historical or cultural influences on Auburn;
5. Native flora, fauna and wildlife of Auburn and the greater Auburn Area –
the area surrounding Auburn and regionally in the vicinity of Auburn;
6. Local innovation or creativity that has contributed to Auburn’s growth and
prosperity; or
7. Other criteria selected by the City Council and set forth in an amendment
to this Chapter.
B. The City shall not place Monuments on City property which have the
purpose of promoting, favoring or inhibiting any religion or which would appear to a
reasonable person that the City is promoting, favoring, or opposing a religion.
2.97.040 Administration.
A. The Mayor may recommend to City Council the approval or denial of
monument proposals. The Mayor may enact administrative guidelines and procedures
to implement this Chapter, including procedures for consideration of locations deemed
amenable to Monuments. The Mayor shall also designate the Lead Department or
Departments for Monuments located on City property depending on the proposed
location of the Monument and the potential impact to City Departments.
B. Notwithstanding that certain City property is operated or managed by a
private operator pursuant to an agreement, the evaluator of the Monument and the final
decision maker shall be the City and not the private operator or manager.
C. The Director of the Lead Department shall coordinate with the Director of
Parks, Art and Recreation if there are any questions or issues as to whether a proposed
Monument is primarily Public Art, or whether it otherwise fits into the City’s Public Art
programs.
2.97.050 Donated and private funding of monuments.
A. In accordance with Chapter 2.87 ACC, the City encourages private
donations to the City to support various City programs and City operations, which may
include without limitation, the cost of acquisition, installation and maintenance of
Monuments on City property. The City prefers to receive private donations in the form of
funds that may be used by the City to review, design, fabricate, acquire, install and/or
maintain Monuments, rather than the donation of a completed Monument.
B. However, the City may from time to time, at City’s sole option, consider
accepting a completed Monument as a form of Government Speech, provided that the
Monument meets the City’s approved Government Speech topics and also meets all of
the other criteria set forth in this Chapter and in any related administrative guidelines or
procedures. After City’s acceptance of a Monument, which acceptance shall be through
an appropriate process approved by the City, and subject to City’s explicit approval of
ACT.A Page 13 of 63
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Ordinance No. 6480
September 11, 2013
Page 5 of 8
installation of the Monument upon City property, title to the Monument shall vest with
City and the City may remove, relocate and shall otherwise have sole control over the
Monument.
C. While the City appreciates donations of Monuments to the City, the City is
under no obligation to accept any donated Monument even if the Monument meets, or
could be said to meet, all of the criteria set forth in this Chapter. The City’s decision to
accept a donated Monument may also depend upon the cost to the City of design,
fabrication, installation and maintenance of the Monument and site considerations,
among other factors.
D. The City may, at its option, decide for budgetary reasons to prioritize
Monuments where the City expects to receive donated funding to cover the cost of
design, fabrication, installation and maintenance of the Monument. Unless otherwise
agreed by City Council, the donor of a proposed Monument is responsible for providing
the City with funds to cover the cost of review, design, fabrication, installation and
maintenance to ensure adequate care for the Monument.
2.97.060 Review process.
A. The Mayor or his or her designee shall provide the initial screening of
Monument proposals to determine if the proposed Monument complies with the
provisions of this Chapter including without limitation, to evaluate the suitability of the
proposed Monument site, if any, so that a report and recommendation may be prepared
for the City Council in advance of its decision on the proposal. If the Mayor’s decision is
to conduct further review of the proposal based upon considerations consistent with this
Chapter, the proposal shall be referred to the appropriate department, so the report and
recommendations to the Council can address the considerations and criteria of this
Chapter.
B. The Lead Department shall prepare a report for consideration by the City
Council and such board or commission designated by the City Council, if any, and shall
coordinate with the Mayor and with other affected departments. The Lead Department
shall submit an advisory recommendation to the Mayor for the Mayor’s review regarding
the Monument based upon the factors set forth in this Chapter and the Review Criteria
set forth below. After the Mayor’s review, and amendments and modifications (if any)
the Mayor shall then forward the recommendation to the City Council.
C. The City Council shall have final approval of a City project to design and
construct a Monument, or to accept a donated Monument.
D. The Mayor shall, on at least a quarterly basis, submit a report to the City
Council informing the City Council of any and all Monument donations and application
proposals received by the City, and the Mayor’s recommendations regarding each
proposal.
E. All required environmental review shall be approved by the City’s planning
department before the City commits to installing a Monument. The Monument shall be
consistent with adopted City master plans unless those plans are amended as a part of
the review process.
ACT.A Page 14 of 63
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Ordinance No. 6480
September 11, 2013
Page 6 of 8
F. While a formal building permit is not required, the Building Official shall
review the structure and site plan to ensure conformance with the building code adopted
by Washington State.
G. Notwithstanding the foregoing, the City Council may decide, in its sole
discretion, to reject a proposal for a Monument and/or may determine the appropriate
site for any and all City Monuments.
H. Notwithstanding any other provisions of the Auburn City Code, the
process set forth in this Chapter shall be the only City process for reviewing the siting or
location of monuments.
2.97.070 Review criteria.
A. A proposed Monument must:
1. Pass City safety and liability exposure review.
2. Conform to the approved Government Speech topics.
3. Be made of durable materials, able to withstand the elements for a
minimum of 50 years with minimum maintenance.
4. Be made of materials resistant to vandalism and graffiti as much as is
reasonably possible.
5. Be of a scale, materials, color and style appropriate and consistent with
aesthetics of the proposed location of the Monument and such other reasonable factors
as the City determines, including but not limited to sight distance, safety, and other
applicable requirements for structures as set forth in the Auburn City Code.
6. Conform to the requirements of the Americans with Disability Act (ADA) to
ensure that there is a path that allows access to the monument.
7. Conform to the adopted building code to ensure that the footing and
monument are structurally adequate.
B. The City shall also consider whether:
1. The person, group or event being memorialized deemed by the City to
have made a significant enough contribution to merit a Monument of the scale, cost and
visibility of the proposed Monument.
2. The Monument duplicates existing Monument themes. Multiple
monuments for similar or related groups are disfavored.
3. The Monument proposal has been the subject of one or more public
meetings conducted by the Monument’s proponents. The public meeting shall be
conducted in accordance with ACC Section 18.02.030.
4. The proposed Monument has the general support of the persons or
community that the Monument is intended to honor.
5. The proposed site in the park or plaza for the Monument is related to the
underlying purpose of the Monument or the site in the park or plaza has been
designated in a master plan or other approval of the City Council as a particularly
appropriate site for a proposed Monument.
6. The Monument has been designed by or under the direct supervision of a
qualified professional in the art or design field, and provides a quality, scale, and
character commensurate with the location, circulation, and use patterns of the City
property. Qualified professionals include registered architects, engineers, landscape
ACT.A Page 15 of 63
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Ordinance No. 6480
September 11, 2013
Page 7 of 8
architects and artists who can demonstrate professional recognition in the form of public
commissions or permanent public installations. The City may solicit input from such
professionals, and from planners or urban designers in making this determination.
Monuments shall not displace the intended function and or use of said property, as
articulated in adopted master plans or similar City documents.
7. There is a committed and verifiable funding source for the review, design,
fabrication, installation and maintenance of the Monument before proceeding to incur
City costs and staff time. The proponents of the Monument agree to enter into an
agreement to provide the City with funds that cover the cost of review, design,
fabrication and installation, and an adequate endowment to cover the cost of the
Monument’s maintenance as determined by City. Alternatively, the City may consider
accepting an agreement from a group to maintain a Monument in perpetuity and in
accordance to City Standards rather than a cash endowment.
2.97.080 Public right of way.
The public right of way shall not be considered as a site for Monuments, except
as provided for in Chapter 12.68 ACC.
2.97.090 Other policies.
A. Nothing in this Chapter is intended to supersede or limit any other City
Code Sections or Administrative Policies, including, but not limited to: the City’s Policies
and Procedures for its Art in Public Places programs, whether the art is privately or
publicly funded, and the provisions of Ordinance No. 6243 (including Chapter 2.85
ACC) and Resolution No’s. 4546 (Percent for Art) and 4323 (Integrated Artwork), and
the Auburn Parks, Arts and Recreation Department Policies and Procedures for Gift
Acceptance and Donor Recognition.
B. This Chapter does not cover temporary installations on City property, nor
does it limit the City’s ability to place signage or plaques on City property to provide
donor or sponsor recognition, public information regarding a City project, or to place
historical markers or to provide other information to the public.
Section 2. Implementation.
The Mayor is hereby authorized to implement such administrative procedures as
may be necessary to carry out the directions of this legislation.
Section 3. Severability.
The provisions of this ordinance are declared to be separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section or portion of this
ordinance, or the invalidity of the application thereof to any person or circumstance shall
ACT.A Page 16 of 63
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Ordinance No. 6480
September 11, 2013
Page 8 of 8
not affect the validity of the remainder of this ordinance, or the validity of its application
to other persons or circumstances.
Section 4. Effective Date.
This Ordinance shall take effect and be in force five days from and after its
passage, approval and publication as provided by law.
INTRODUCED: __________________
PASSED: _______________________
APPROVED: ____________________
CITY OF AUBURN
______________________________
PETER B. LEWIS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
Published: _________________
ACT.A Page 17 of 63
AGENDA BILL APPROVAL FORM
Agenda Subject:
Theater Lease
Date:
September 10, 2013
Department:
Finance
Attachments:
Memo
Lease
Attachment B
Attachment C
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
The attached Auburn Avenue Theater financial information was first presented and
discussed by the Finance Committee on Tuesday, September 3, 2013. Councilmember
Backus has requested that this information also be included for review and
discussion by the Planning and Community Development Committee.
Reviewed by Council Committees:
Finance, Planning And Community Development
Councilmember:Backus Staff:Coleman
Meeting Date:September 23, 2013 Item Number:DI.A
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 18 of 63
Interoffice Memorandum
To: Finance Committee
From: Shelley Coleman, Finance Director
Daryl Faber, Parks Director
CC: Peter Lewis, Mayor
Date: August 27, 2013
Re: Auburn Theater Financial Information
Per the Committee’s request, attached are the following documents related to the Auburn Theater:
A. Theater Lease Agreement. This agreement was authorized by Council in July 2006 via Resolution
4063. The agreement provides for a 15 year agreement Jan 1, 2007 – Dec 31, 2021 (Section 1) with
an initial base lease payment of $5,500/month or $66,000/yr, escalated annually based upon the US
CPI-W (Section 3).
B. Theater Historical Revenues and Expenses. This table provides the annual revenues and expenditures
of the Theater, including the aforementioned lease payments. Annual expenditures for the Theater has
ranged from $121,000 in 2007 (year of inception) to $474,000 in 2012. Based upon a 4:1 direct and
indirect economic benefit ratio (four-dollars of economic benefit for every one-dollar spent), the
estimated benefit to the broader regional economy is estimated at $485,000 (in 2007; calculation:
$121,374.28 x 4) to $1.9 million (in 2012; calculation: $474,105.57 x 4).
C. Theater Lease Payments. This table presents the historical and forecasted annual lease payments
through 2021 for the Theater based upon the lease provisions discussed above. Future lease
payments are based upon an assumed US CPI-W rate of inflation of 3.0%/yr.
Please let us know if the Committee wishes further information on the above.
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ATTACHMENT B
City of Auburn Theater
Summary of Historical Revenues and Expenditures 2008-2013 YTD
2007 Actual 2008 Actual 2009 Actual 2010 Actual 2011 Actual 2012 Actual 2013 Actual TD
AUBURN THEATER TICKET SALES 17,206.00 34,562.60 43,938.20 65,631.90 74,517.40 98,389.72 48,095.15
Auburn Ave Theater Class Revenue - - - - 11,583.00 23,825.00 22,019.00
AUBURN THEATER RENTAL INCOME - 13,699.00 11,950.55 9,966.00 4,690.00 5,368.00 6,475.76
THEATER CONTRIBUTIONS & SPONSORSHIP 5,500.00 - - - - - -
Total Revenues 22,706.00 48,261.60 55,888.75 75,597.90 90,790.40 127,582.72 76,589.91
REGULAR SALARIES & WAGES - 54,646.40 57,296.96 58,574.40 74,998.82 78,294.64 48,500.08
OVERTIME - 1,254.91 1,714.98 295.69 1,451.40 844.20 1,671.29
OTHER WAGES - - 204.00 30.00 12,065.35 9,382.66 12,241.24
F.I.C.A - 4,188.74 4,418.41 4,392.79 6,586.96 6,577.10 4,656.95
OTHER FRINGE BENEFITS - - - - - - -
PENSIONS - 4,024.91 4,027.72 3,126.10 4,852.61 6,206.23 4,059.01
INDUSTRIAL INSURANCE - 1,232.49 1,232.56 1,545.65 3,054.16 3,006.37 2,658.85
MEDICAL & LIFE INSURANCE - 15,923.91 16,453.55 18,867.29 24,049.84 26,739.71 16,478.06
OFFICE & OPERATING SUPPLIES 5,821.48 4,541.95 3,043.25 2,881.24 6,333.97 4,924.00 7,607.41
SMALL TOOLS AND EQUIPMENT 1,729.86 - 6,208.92 6,837.36 9,206.54 9,962.05 5,269.38
PROFESSIONAL SERVICES 32,912.60 66,493.33 51,009.87 66,504.12 72,659.73 101,235.94 65,754.73
COMMUNICATION 2,316.46 2,495.07 3,481.25 2,982.53 3,244.21 3,644.85 1,997.96
TRAVEL - - - - 586.19 - -
ADVERTISING 3,395.30 6,712.01 8,212.67 6,073.42 8,806.70 7,623.37 5,024.25
OPERATING RENTALS & LEASES 563.56 4,636.54 1,383.40 256.23 3,492.15 8,065.63 9,726.02
INSURANCE - - - - - - -
UTILITIES 4,625.24 6,237.06 - - - - -
REPAIRS & MAINTENANCE - - - 3,000.00 3,271.88 770.41 -
MISCELLANEOUS 4,009.78 350.00 1,023.89 2,586.61 1,738.23 2,774.29 1,426.43
THEATER LEASE PAYMENTS*66,000.00 67,763.28 71,523.52 70,111.44 71,064.24 73,950.12 75,117.00
INTERFUND PRINTING SERVICES - 1,296.00 4,704.00 18,204.00 27,996.00 28,296.00 6,769.00
INTERFUND FACILITIES - - - 90,600.00 106,896.00 95,604.00 57,400.00
INTERFUND IS SERVICES - 3,096.00 6,000.00 5,496.00 6,096.00 6,204.00 6,706.00
Total Expenditures 121,374.28 244,892.60 241,938.95 362,364.87 448,450.98 474,105.57 333,063.66
Estimated Economic Return (4:1 Ratio of Expenses)485,497.12 979,570.40 967,755.80 1,449,459.48 1,793,803.92 1,896,422.28 1,332,254.64
2013 financial information as of 8.27.2013 August 27, 2013
Source: Eden Financial System
F:\Financial Planning Manager\Parks\Theater\[Theater 2008-2013 YTD revenues and expenses.xlsx]Line Item Detail
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ATTACHMENT C
Auburn Theater Lease Payment Schedule
Amount
2007 Actual 66,000.00
2008 Actual 67,763.28
2009 Actual 71,523.52
2010 Actual 70,111.44
2011 Actual 71,064.24
2012 Actual 73,950.12
2013 Actual 75,117.00
2014 Estimate 77,370.51
2015 Estimate 79,691.63
2016 Estimate 82,082.37
2017 Estimate 84,544.85 Assumes US-CPI-W of
2018 Estimate 87,081.19 3.0%/yr
2019 Estimate 89,693.63
2020 Estimate 92,384.44
2021 Estimate 95,155.97
Lease terms:
Commence Jan 1, 2007 through Dec 31, 2021 (Section 1)
Annual rental escalated by US CPI-W (Section 3)
2013 financial information as of 8.27.2013
Source: Eden Financial System
F:\Financial Planning Manager\Parks\Theater\[Theater 2008-2013 YTD revenues and expenses.xlsx]Line Item Detail
DI.A Page 30 of 63
AGENDA BILL APPROVAL FORM
Agenda Subject:
Business Licensing 101
Date:
September 19, 2013
Department:
Planning and Development
Attachments:
Memorandum
Attachment A
Attachment B
Attachment C
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Other: Planning
Councilmember:Backus Staff:Hanson
Meeting Date:September 23, 2013 Item Number:DI.B
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 31 of 63
MEMORANDUM
TO: Councilmember Nancy Backus, Chair, Planning and Community Development
Committee
Councilmember John Holman, Vice Chair, Planning and Community Development
Committee
Councilmember Largo Wales, Planning and Community Development Committee
CC: Mayor Lewis
Nancy Welch, AICP, Planning and Development Director
FROM: Darcie Hanson, Administrative and Business Services Manager
DATE: September 23, 2013
RE: Business Licensing 101
Background
In approximately 2006 Business License Program Management was transferred from the City
Clerk’s office to the Planning and Development Department. In 2007, the Business
Improvement Area (BIA) Fees for the Auburn Downtown Association were attached to the
business licenses in the downtown area and a policy decision was made to not allow issuance
of the business license until the BIA fees were also paid (the Finance Department had
previously billed the BIA fees separately). Auburn City Code Chapter 5, Business Licenses and
Regulations, is the relevant City code.
Discussion
The intent of this discussion is to demonstrate the process that a business license goes through
from application to issuance and the process for unlicensed businesses.
Business licenses in the City of Auburn per ACC 05.10.050 are valid from January 1st through
December 31st. Business licenses are renewed annually and renewal notices are sent out in
mid November of each year.
Who needs a business license? The following are types of businesses which need a City of
Auburn business license:
· Any business type located in a commercial location within City limits
· Any business type operated out of a home
· Any business doing work that requires a permit (whether they are located inside the City
or out)
· Any homeowner who is renting their home out either as a single family dwelling unit or a
communal rental
· Any property owner\management company who is renting an apartment building or
multi-family housing unit
DI.B Page 32 of 63
Examples of who does not need a business license:
· Companies delivering goods to locations inside Auburn City Limits (i.e., bread to the
grocery store, beauty bark to a residence, furniture etc.)
· Companies offering services to citizens of Auburn but do not have a permanent physical
location in Auburn (painting contractor, carpet installer, etc.)
Some statistics:
· Currently there are approximately 3,500 active business licenses generating
$175,000.00 in revenue.
· In 2013 year to date we have issued 141 new business licenses (7 in the BIA area)
· In 2012 we issued 148 new business licenses for the entire year (8 in the BIA area)
Current process for unlicensed businesses:
When a business that does not have a current business license is brought to our attention Code
Enforcement pays a site visit to the location of the business to inform them that they need to
apply for a license. They can do so by obtaining the application on-line, at the Permit Center or
via mail, email or fax. If they comply and apply for the business license the application then
goes through the routine process as shown on the attached procedure. If the business does not
comply then further Code Enforcement action is taken.
During the time of application review, the practice for the past several years has been to allow
the business to remain open for business. If it is determined that the business is not allowed in
the location it is in due to zoning or type of use, they are sent a letter stating that they have been
denied in that location and the appeal procedures that they can choose or not choose to pursue.
Discussion Questions:
1. Does the Committee have any questions on the business license process?
2. What other information would the Committee like to see?
Attachments:
Attachment A - Administrative Procedures for new businesses inside the City limits (includes
rentals)
Attachment B - Administrative Procedures for new businesses outside the City limits
Attachment C - Administrative Procedures for Business license renewals
DI.B Page 33 of 63
ADMINISTRATIVE
PROCEDURE
TITLE: New Business Licenses for Businesses
that are Located inside the City
SUBJECT: Business Licenses
DATE: August 15,
2011
PAGES: 1 PREPARER: JEFF TATE, Development Services
Manager
Application Review:
1. Make sure they have a UBI#. If they don’t, they have to obtain this before we can accept. Provide them with Topic Sheet for starting a
business.
2. DATE STAMP APPLICATION
3. Make sure DL# and DOB is filled out.
4. Make sure BUSINESS LOCATION INFORMATION is completed.
5. If “Store Hazardous Materials?” is YES, provide applicant with “Hazardous Materials Inventory Statement” hand out.
6. Make sure the application is signed.
In LicenseTRAK:
1. Choose “Add Record”
2. In dialogue box – type the business name & write the number on the top of the app
3. In the “post it” icon – write the description of the business (take from the app. - i.e. General Contractor, Auto Detail, Web Design…)
4. Choose Type of Business (take from the application form)
5. Choose Type of Ownership (take from the application form)
6. Financial Information Tab: Choose “Add Fee” and select:
• Business License Fee = $50
• Business License Inspection Fee = $63 (does not apply to home occupation or rental housing applications or kiosks at the
Supermall)
• Determine if it is within the BIA – look at map (doesn’t apply to home occupation or rental housing; does apply to apartments)
• If BIA is applicable see “Calculating BIA Fees” procedures
7. Process payment in Class so that customer can leave. Let them know it will take up to 2 weeks to process.
In CLASS:
1. Click on the “Business License” button at the top of the screen.
2. Enter the full business license number (including the BUS portion of the number); click ok.
3. Verify that the amounts shown in Class and in CRW are the same; click ok.
4. Choose the payment option and process the payment.
5. You will get two receipts: 1 to the Customer (circle their Bus Lic #) and the other to attach to the receipt (print from CRW and staple
receipt and put in receipt bin)
In LicenseTrak:
1. Fill in Contractor Identification # (if applicable - take from the application form)
2. Fill in NAICS # (take from the application form or UBI Link under Internet Links)
3. Fill in Federal Tax ID # (take from the application form)
4. Fill in UBI # (REQUIRED - take from the application form)
5. Fill in # of Employees (take from Application)
6. In drop down for Status – “Applied”
7. Address Tab: make sure the address in this section is attached to a Parcel Number. (If Parcel or Address is not in CRW, make sure
“Address Assignment” is selected as one of the License Reviews.)
8. Additional Business Info Tab: type in the mailing address (if different from physical address) or click on the copy from business location –
this is the address that things are mailed to so if left blank it will be mailed to a blank address.
9. Contacts Tab: type in ownership and contact information (need DL #and DOB)
Scan the license application and attach it within CRW
In LicenseTrak:
10. License Review Tab: Select “Add Review” select ALL REVIEW TYPES and check the all (except Address Assignment, unless needed)
and assign the due date 2 weeks out. For FIRE: click on Imaging Links and email to Mike Lee.
11. Chronology Tab: Select “Add Action” and select appropriate “APPL.” action
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- 2 -
CALCULATING BIA FEES
CALCULATING BIA FEES
1. Choose “BIA Retail” or “BIA Services” from
the “Classification” dropdown.
2. Enter the square footage of the building or
tenant space in the field marked “Building Sq.
Ft.”
3. Check the “In BIA” box.
4. Click the print button and check the box
marked “BIA FEE”. The fee will be calculated
based upon square footage, and it should
appear under the “Financial Information”
dropdown.
If it doesn’t show up immediately, you may
have to open and close the “Financial
Information” dropdown a couple of times.
DI.B Page 35 of 63
ADMINISTRATIVE
PROCEDURE
TITLE: New Business Licenses – Outside City SUBJECT: Business Licenses
DATE: April 8, 2011 PAGES: 1 PREPARER: JEFF TATE, Development Services
Manager
In take In LicenseTRAK:
• Choose “Add Record”
• In dialogue box – type the business name & write the number on the top of the app
• Click on “post it” icon and enter the business activity (i.e. General Contractor, Window
Tinting… – take from the application)
• Choose Type of Business (take from the application form)
• Choose Type of Ownership (take from the application form)
• Fill in Contractor Identification # (take from the application form)
• Fill in NAICS # (take from the application form)
• Fill in Federal Tax ID # (take from the application form)
• Fill in UBI # (take from the application form)
• In drop down for Status – “Applied”
• Since the business is outside the city there is no parcel number – click on the house button
next to the empty parcel field; make sure the query box is set to APN; type in 999999####
(the last four numbers should be filled in with the two digit month and year, e.g. 0113); click
“no” for updating ownership information; type in the address and phone number information
in the appropriate fields.
• In drop down for Additional Business Info – type in address and check box for “Outside
City”
• In drop down for Contacts – type in ownership and contact information
• In drop down for Financial Information – choose “Add Fee”; check box for Business License
Fee = 50
• In drop down for License Review – choose “Add Review”; click on all review types and
check the box for police and comment letter; accept the default reviewer; insert a due date
that is 2 weeks out.
• In drop down for Chronology – choose “Add Action”; check the box for Application Entered
– Outside City; and click on today’s date for both date options.
In CLASS:
• Click on the “Business License” button at the top of the screen.
• Enter the full business license number (including the BUS portion of the number); click ok.
• Verify that the amounts shown in Class and in CRW are the same; click ok.
• Choose the payment option and process the payment.
• You will get two receipts; instructions are provided below for where they go.
Routing • Scan and attach in impaging link. Place the application in the pending file in the drawer.
• Print a receipt from CRW and staple the receipt tape to it and drop it in the payment hot
pocket.
DI.B Page 36 of 63
ADMINISTRATIVE
PROCEDURE
TITLE: Business License Renewals SUBJECT: Business Licenses
DATE: April 12,
2011
PAGES: 1 PREPARER: JEFF TATE, Development Services
Manager
Processing In LicenseTRAK:
· Type in the license # in the “go to” box at the top of the screen (don’t include the BUS
portion of the number)
· Under “Financial Information” click on the drop down arrow to view the fees that are due.
· If any changes are noted on the renewal form make the changes to CRW as
appropriate.
In CLASS:
· Click on the “Business License” button at the top of the screen.
· Enter the full business license number (including the BUS portion of the number); click
ok.
· Verify that the amounts shown in Class and in CRW are the same; click ok.
· Choose the payment option and process the payment.
· You will get two receipts; instructions are provided below for where they go.
In LicenseTRAK:
· Under “Financial Information” click on the drop down arrow twice to ensure that the
payment is now reflected in CRW.
· Under “Status” change to “Issued”
· Under “Issued” change to today’s date
· Under “Expired” change to the last day of the year.
· In order to ensure that the right dates print on the below forms, exit this license number
by choosing a recently accessed license number, then return to the subject license.
· If you do not have time to print the license but have processed the payment, click on the
“Custom Screens” arrow, then click on the “Tags” tab, and change the value from “False”
to “True.”
Filing and Mailing In LicenseTRAK:
· Click on the “Print” button at the top of the screen.
· Check the box for “Auburn Business License (one)”
· Load the business license paper into the paper tray
· Print the business license.
· Double check that the expiration date is correct; provide to customer or place in mail;
provide one copy of the sales receipt (the one generated from the receipt printer) to the
customer.
· Click on the “Print” button at the top of the screen.
· Check the box for “Auburn Renewal”
· Staple receipt to this print out and place in the pocket attached to the file cabinet at the
front counter.
· On the signed copy of the business renewal form write a red “P” in the upper right hand
corner; place in the basket next to the printer
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AGENDA BILL APPROVAL FORM
Agenda Subject:
City of Auburn Floodplain Management
Date:
September 19, 2013
Department:
Planning and Development
Attachments:
Memorandum
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Planning And Community Development
Councilmember:Backus Staff:Andersen
Meeting Date:September 23, 2013 Item Number:DI.C
AUBURN * MORE THAN YOU IMAGINEDDI.C Page 38 of 63
Memorandum
DATE: September 19, 2013
TO: Auburn City Council Planning and Community Development Committee:
Deputy Mayor Nancy Backus, Chair
Councilmember John Holman, Vice Chair
Councilmember Largo Wales
FROM: Chris Andersen, CFM, Environmental Services Manager
CC: Peter B. Lewis, Mayor
Nancy Welch, AICP, Director, Planning and Development Department
Dennis Dowdy, P.E., Public Works Director
Sarah Miller, Emergency Preparedness Manager
SUBJECT: Floodplain Management Briefing #5: Floodplain Management Policy
Background
This summary discussion of floodplain management issues and policy in Auburn is the final
briefing in this series to the Planning and Community Development Committee (PCDC). At the
PCDC meeting on April 22, 2013, staff provided an initial overview of recent local and national
issues that have influenced or affected the City’s floodplain management activities over the last
several years, and some anticipated developments that are expected to affect City floodplain
management activities in the future. In a second briefing on May 13, 2013, staff briefed the
Committee about the National Flood Insurance Program (NFIP), including the existing level of
costs and coverage for flood insurance policies held by property owners within Auburn, and the
City’s participation in the Community Rating System (CRS) program. A third briefing held on
June 24, 2013, provided information to the Committee regarding FEMA Flood Insurance Rate
Maps, City of Auburn Regulatory Floodplain mapping, the national flood risk mapping update
project, and the various types of FEMA map amendments. The fourth briefing in the series was
held on July 22, 2013, and focused on flood control and flood event preparation and response.
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2
Summary of the Floodplain Management briefing Series
The following table summarizes the information presented at each of the previous briefings.
Meeting Date Briefing Topic Items Discussed
Briefing #1
Held on
April 22, 2013
Recent and anticipated
future developments
affecting floodplain
management in Auburn,
and general overview of
future briefings.
· 2007 - Issuance of new preliminary flood hazard maps by
FEMA, City of Auburn appealed and submitted own study.
· 2008 - Issuance of a biological opinion document (Bi-Op)
by the National Marine Fisheries Services (NMFS)
regarding.
· 2009 - City enacted floodplain development moratorium
pending implementation of Bi-Op requirements.
· 2009 - Damage to Howard Hanson Dam from winter storm
flows and City deployment of temporary flood measures.
· 2010 - City adoption of FEMA model ordinance for
floodplain development, City’s 2009 floodplain
moratorium repealed.
· 2011 - FEMA’s mapping update effort placed on hold
nationally, pending adoption of policy on treatment of
unaccredited levees.
· 2012 - Biggert-Waters Flood Insurance Reform Act signed
into law, requires NFIP to be financially self-supporting.
· 2013 Community Rating System (CRS) major program
revision at national level.
· Future - FEMA mapping updates to resume in Auburn
upon FEMA adoption of national mapping policy for
unaccredited levees.
Briefing #2
Held on
May 13, 2013
Flood Insurance in Auburn,
the NFIP and CRS
programs
· NFIP created in 1968 to mitigate future flood losses
through community-enforced building, and land use
management ordinances.
· Auburn joined NFIP in 1974. Three basic elements of the
NFIP are: Mapping, Insurance, and Regulations.
· Mapping: First Flood Hazard Boundary Maps for City
issued by FEMA in 1974; First Flood Insurance Rate Maps
(FIRMs) based on a Flood Insurance Study (FIS) issued in
1981.
· Insurance: Flood insurance premiums based on degree of
flood protection provided; covers all “floods”, not just
declared disasters, policies take effect 30 days after
issuance.
· Regulations: NFIP administered nationally by FEMA, by
the Department of Ecology for Washington State, and the
Auburn Floodplain Administrator (Planning Director or
designee) at the City level. Minimum City requirements
established by federal regulations (44 CFR Part 60).
· Currently, there are just over 900 flood insurance policies
in effect in the City; most of these (95%) insure property
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3
that is not located in mapped flood hazard areas.
· Biggert Waters Flood Insurance Reform Act passed in
2012 now requires the NFIP to be financially self-
supporting; as a result premiums for many policy holders
are expected to increase over the next several years.
· Community Rating System (CRS) is a point-based
incentive program that rewards communities that exceed
minimum requirements with lower flood insurance
premiums.
· Auburn is currently rated as a Class 5 CRS community,
which provides a 25% discount on flood insurance
premiums in mapped flood hazard areas.
· CRS program was substantially revised in early 2013,
changing the scoring system, creditable activities, and
documentation requirements for receiving CRS credit.
· The next City of Auburn CRS evaluation is in 2014.
Briefing #3
Held on
June 24, 2013
Flood risk mapping
· FEMA issues Flood Insurance Rate Maps (FIRMs) for
Auburn based on a Flood Insurance Study (FIS) that
evaluates hydrology and hydraulic data for the Green and
White River Basins.
· The FIRMs show the boundaries of the Special Flood
Hazard Area (SFHA) for each river basin, as well as the
based flood (100-year) elevations (BFEs) and the
regulatory floodway.
· Auburn uses the FIRMs to produce the City of Auburn
regulatory floodplain map, which also shows Riparian
Habitat Zones (RHZs) and river Channel Migration Zones
(CMZs), which are required elements of the National
Marine Fisheries Service’s (NMFS) biological opinion
issued for the National Flood Insurance Program (NFIP).
· Nationally, FEMA is updating the FIRMs by conducting
new FIS’s for each community and preparing new Digital
Flood Insurance Rate Maps (DFIRMs). That process has
been on hold since 2011 pending FEMA’s development of
a new national policy for modeling the flood protection
benefits of unaccredited levees.
NOTE: FEMA issued the new policy on July 12, 2013.
· There are several different processes used by FEMA to
revise FIRMs, depending on the size of the area to be
revised and the reason for the revision. Either the City or
private property owners may initiate a revision.
Briefing #4
Held on
July 22, 2013
Flood control and flood
response
· Flood control levees can be accredited or unaccredited; all
of the levees on the Green and White Rivers in Auburn are
unaccredited.
· Army Corps of Engineers policies for levee vegetation
management require the removal of all large trees on the
levee prism; this creates maintenance challenges for the
DI.C Page 41 of 63
4
Flood Control Districts.
· A comprehensive planning initiative for the Green River
conducted by the Corps and the King County Flood
Control District called the System-wide Improvement
Framework (SWIF) will address this issue.
· Current flood control capital project priorities for the City
include completion of the Reddington Levee Setback all
way to S 277th Street. As the City goes thru the SWIF
planning effort, new projects may be identified to
accomplish the long range goal of providing a “250-Year”
level of flood protection for cities along the Green River.
· Stream flows on the Green and White Rivers in Auburn are
regulated by dams located upstream of the City. The Green
River is regulated by the Howard Hanson Dam and the
White River is regulated by the Mud Mountain Dam- both
dams are operated by the Corps.
· The King County Flood Control District (KC FCD)
provides flood risk management services in the King
County portion of the City, and the Pierce County Flood
Control Zone District (PC FCZD) provides those services
in the Pierce County portion of the City.
· The City participates in the flood control districts through
participation in district advisory committees and basin
technical working groups. When the SWIF process gets
underway, the City will also have a representative
participating in that process.
· The City participates in a number of flood prevention and
response planning initiatives, including the King County
Flood Control Plan, the Pierce County Flood Hazard
Management Plan, and the King County Regional Hazard
Mitigation Plan.
· The City’s flood emergency response framework is
established in the Auburn Comprehensive Emergency
Management Plan (CEMP) and is based on the National
Incident Management System (NIMS).
· Auburn uses a wide array of public communication
avenues to communicate information to the public about
flood prevention and in the event of a flood emergency,
including: CodeRed, AM 1700, TV21, portable message
signs, e-mail lists, social media (Twitter and Facebook),
the City website, the Regional Public Information
Network, 211, the Emergency Management Public
Information Line, the Emergency Alert System, and in
extreme events, door-to-door notifications.
· Auburn is certified as a StormReady City by the National
Weather Service. This certification recognizes that the City
has systems and procedures in place for keeping its
residents and businesses prepared for significant weather
events.
DI.C Page 42 of 63
5
Discussion
The principle objective of floodplain management activities in the City of Auburn is to protect
human life, health, and property by mitigating the level of flood risk to the people who live and
work in the City. Many people think of this strictly in terms of structural flood control measures
such as dams and levees; however land use, economic development, environmental, and other
policies can also be used to lower flood risk and increase community resiliency to extreme
weather and flood events.
There are also a number of related issues that have implications for floodplain management
activities such as economic vitality and community health, floodplain ecological health and
function, and more recently, concerns about the effects of floodplain management practices on
federally-listed endangered species.
At the upcoming briefing on September 23rd, staff will provide an overview of some of these
issues, including:
· How concerns regarding federal National Flood Insurance Program (NFIP) compliance
with the federal Endangered Species Act (ESA) have resulted in changes to the way
Auburn regulates and manages development in FEMA-mapped Special Flood Hazard
Areas (SFHAs); and
· An overview of some of the key City of Auburn Policies and Plans that address or affect
floodplain management in the City, including City policies addressing:
o The nature and location of land uses and future growth in the City;
o City economic development objectives and strategies;
o Flood emergency preparedness, response, and recovery;
o The environmental health of the City’s rivers, streams, and floodplain areas;
o Stormwater management and flood control; and
o The location and design requirements for the City’s utilities infrastructure.
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6
Floodplain Acronyms and Abbreviations
ACC Auburn City Code
Biggert-Waters Biggert-Waters Flood Insurance Reform Act of 2012
Bi-Op Biological Opinion issued by NMFS in 2008 for NFIP
CEMP Comprehensive Emergency Management Plan
CFR Code of Federal Regulations
CLOMA Conditional Letter of Map Amendment
CLOMR Conditional Letter of Map Revision
CLOMR-F Conditional Letter of Map Revision due to the placement of new Fill
CMA Channel Migration Area
CRS Community Rating System
Corps US Army Corps of Engineers
ESA Endangered Species Act
FDP Floodplain Development Permit
FEMA Federal Emergency Management Agency
FHBM Flood Hazard Boundary Map
FIRM Flood Insurance Rate Map
FIS Flood Insurance Study
ICS Incident Command System
ISO Insurance Services Office
KCFCD King County Flood Control District
LOMA Letter of Map Amendment
LOMR Letter of Map Revision
LOMR-F Letter of Map Revision due to the placement of new Fill
NFIP National Flood Insurance Program
NIMS National Incident Management System
NMFS National Marine Fisheries Service
PCDC Auburn City Council Planning and Community Development Committee
PCFCZD Pierce County Flood Control Zone District
PDD City of Auburn Planning and Development Department
PL 84-99 Public Law 84-99, The Flood Control and Coastal Emergency Act
RHZ Riparian Habitat Zone
SFHA Special Flood Hazard Area
SWIF System-wide Improvement Framework
DI.C Page 44 of 63
AGENDA BILL APPROVAL FORM
Agenda Subject:
Proposed Code Amendment to Chapter 3.94, Multifamily
Property Tax Exemption
Date:
September 19, 2013
Department:
Planning and Development
Attachments:
Memorandum
Attachment A
Attachment B
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Other: Planning
Councilmember:Backus Staff:Chamberlain
Meeting Date:September 23, 2013 Item Number:DI.D
AUBURN * MORE THAN YOU IMAGINEDDI.D Page 45 of 63
MEMORANDUM
TO: Councilmember Nancy Backus, Chair, Planning and Community Development
Committee
Councilmember John Holman, Vice Chair, Planning and Community Development
Committee
Councilmember Largo Wales, Planning and Community Development Committee
CC: Mayor Lewis
Nancy Welch, AICP, Planning and Development Director
FROM: Elizabeth Chamberlain, AICP, Planning Services Manager
DATE: September 18, 2013
RE: Proposed Code Amendment to Chapter 3.94 – Multifamily Property Tax Exemption
Background
The City of Auburn put into place the Multifamily Property Tax Exemption in 2003 with
Ordinance No. 5779 which included a minimum investment per unit of $200,000. In 2009, the
City Council made additional changes to Chapter 3.94 in response to changes made in state
law related to affordable housing and the length of time for the property tax exemption.
Discussion
Since the Multifamily Property Tax Exemption regulations were adopted, they have not been
utilized by any developer. The remodel of the studio apartments at 122 West Main Street did
not meet the minimum investment threshold to take advantage of the program. As the City has
been working with two developers for redevelopment of the downtown catalyst blocks, it was
brought to the City’s attention that the minimum investment per unit of $200,000 could not be
reached with the proposed projects. Landmark Development is proposing a 5 story, 126 unit
mixed-use project and Teutsch Partners LLC is proposing a market rate project that could be
senior housing or apartments. Both applicants have submitted a request to the City to lower the
minimum investment per unit in order for the projects to perform (see the attached letters). The
investment into the projects through high level finishes and amenities is planned but without the
Seattle market rents a project in Auburn does not perform at a $200,000 per unit investment.
The requested minimum investment by the two applications is $130,000 per unit. There is no
requirement in the RCW for a minimum dollar investment.
Staff also proposes to amend when the application for the multifamily property tax exemption is
required to be submitted. Staff suggests the application for the multifamily property tax
exemption be submitted prior to building permit issuance. The primary reason for the proposed
application timing change is that the project is fairly solidified at the building permit submittal
stage and the application for property tax exemption can be reviewed in parallel with the
DI.D Page 46 of 63
building permit review. There is no requirement in the RCW for when the application needs to
be submitted.
In researching other jurisdictions, the table below outlines how other cities have incorporated a
multifamily property tax exemption into their codes.
Jurisdiction How Adopt MF Property Tax Exemption
Auburn • Requires a minimum dollar per unit
investment of $200,000
• Application to be submitted prior to the
building permit submittal
Kent • Minimum 30 units
• Does not require a minimum dollar per unit
investment
• Application can be submitted anytime with
the project
Olympia • Does not require a minimum dollar per unit
investment
• Required to submit prior to April 1st of any
year not tied to when permit is submitted
Puyallup • Does not require a minimum dollar per unit
investment
• Requires the application to be submitted
prior to the building permit
Renton • Requires the application to be submitted
prior to building permit issuance
• Does not require a minimum dollar per unit
investment
• Requires minimum 10 new units
Seattle • Requires affordable housing to be included
• Does not require a minimum dollar per unit
investment
• Requires the application to be submitted
prior to building permit or master land use
permit
Discussion Questions:
1. What is the Committee’s reaction to the requested minimum investment of $130,000 per
unit?
2. Does the Committee concur with amending the timing of when an application is
submitted for the multifamily property tax exemption?
3. Does the Committee want to require a minimum number of units to qualify for the
exemption?
4. What other information does the Committee need related to this topic?
DI.D Page 47 of 63
Attachments:
Attachment A – Letters from Landmark Development and Teutsch Partners LLC
Attachment B – Proposed code amendments to Chapter 3.94
DI.D Page 48 of 63
DI.D Page 49 of 63
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Attachment B
Proposed Code Amendments
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Chapter 3.94
MULTIFAMILY PROPERTY TAX EXEMPTION
Sections:
3.94.010 Findings of fact.
3.94.020 Purpose.
3.94.030 Definitions.
3.94.040 Tax exemption – Duration – Valuation – Exceptions.
3.94.050 Project eligibility.
3.94.060 Application procedure.
3.94.070 Application review – Approval – Required findings – Issuance of conditional certificate
– Denial – Appeal.
3.94.080 Amendment of contract.
3.94.090 Extension of conditional certificate – Required findings – Denial – Appeal.
3.94.100 Final certificate – Application – Issuance – Denial – Appeal.
3.94.110 Annual certification.
3.94.120 Cancellation of tax exemption – Appeal.
3.94.130 Review of program.
3.94.010 Findings of fact.
A. The city downtown core is an urban center as defined in Section 84.14.010 of the Revised
Code of Washington (RCW) because it is an identifiable district where urban residents may
obtain a variety of products and services.
B. The downtown core currently lacks sufficient available, desirable and convenient residential
housing to meet the needs of the public who would be likely to live in the downtown core if
desirable, attractive and livable places to live were available.
C. The provision of special property tax valuations within the downtown core will encourage
construction of new multifamily housing, and that the provision of such additional housing
opportunities in the downtown core will assist in achieving the goals of the city’s comprehensive
plan, its downtown plan and the purposes set forth in RCW 84.14.007.
D. Encouraging the development of new residential units in the downtown core will enhance the
use and redevelopment of existing developed areas, reducing sprawl, maximizing the public
investment in the infrastructure of the community and ultimately increasing the valuation of
property in the downtown. (Ord. 5779 § 1, 2003.)
3.94.020 Purpose.
As provided for in Chapter 84.14 RCW, the purpose of this chapter is to provide limited, eight-
year exemptions from ad valorem property taxation for qualified new multifamily and
rehabilitated multifamily housing constructed in the downtown core and 12-year exemptions
from ad valorem property taxation for qualified new affordable multifamily and rehabilitated
multifamily housing constructed in the downtown core in order to:
A. Accomplish the planning goals of the Growth Management Act, Chapter 36.70A RCW and
the city of Auburn comprehensive and downtown plans;
B. Encourage residential opportunities, including affordable housing opportunities, within the
downtown core;
C. Stimulate new construction of multifamily housing in the downtown core to increase housing
opportunities;
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D. Assist in directing future population growth into the city’s downtown core thereby encouraging
the most efficient use of the city’s infrastructure;
E. Achieving development densities that enhance the use of the community’s mass transit
opportunities and the public investment in such opportunities; and
F. Promote community development and downtown core revitalization in fulfillment of the city’s
downtown plan. (Ord. 6257 § 1, 2009; Ord. 5779 § 1, 2003.)
3.94.030 Definitions.
In construing the provisions of this chapter, the following definitions shall be applied:
A. “Assessor” means the King County assessor.
B. “Affordable housing” means residential housing that is rented by a person or household
whose monthly housing costs, including utilities other than telephone, do not exceed 30 percent
of the household’s monthly income. For the purposes of housing intended for owner occupancy,
“affordable housing” means residential housing that is within the means of low- or moderate-
income households.
C. “Director” means the director of the city of Auburn planning and development department or
any other city office, department or agency that shall succeed to its functions with respect to this
chapter, or his/her authorized designee.
D. “High-cost area” means a county where the third quarter median house price for the previous
year as reported by the Washington Center for Real Estate Research at Washington State
University is equal to or greater than 130 percent of the state-
wide median house price published during the same time period.
E. “Low-income household” means a single person, family, or unrelated persons living together
whose adjusted income is at or below 80 percent of the median family income, adjusted for
family size, for the county where the project is located, as reported by the United States
Department of Housing and Urban Development. For cities located in high-cost areas, “low-
income household” means a household that has an income at or below 100 percent of the
median family income, adjusted for family size, for the county where the project is located.
F. “Moderate-income household” means a single person, family, or unrelated persons living
together whose adjusted income is more than 80 percent but is at or below 115 percent of the
median family income, adjusted for family size, for the county where the project is located, as
reported by the United States Department of Housing and Urban Development. For cities
located in high-cost areas, “moderate-income household” means a household that has an
income that is more than 100 percent, but at or below 150 percent, of the median family income,
adjusted for family size, for the county where the project is located.
G. “Multifamily housing” means a building having four or more dwelling units designed for
permanent residential occupancy.
H. “Owner” means the property owner of record.
I. “Permanent residential occupancy” means multifamily housing that provides either rental or
owner occupancy for a period of at least one month. This excludes hotels and motels that
predominately offer rental accommodation on a daily or weekly basis.
J. “Rehabilitation improvements” means modifications to existing structures that are vacant for
12 months that are made to achieve a condition of substantial compliance with existing building
codes or modification to existing occupied structures which increase the number of multifamily
housing units.
K. “Residential targeted area” means an area within an urban center that has been designated
by the city council as a residential targeted area in accordance with this chapter.
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1. Pursuant to this section, the Auburn downtown core, as designated by “Exhibit A” attached
to the ordinance codified in this chapter,1 is designated the residential targeted area.
2. If a part of any legal lot is within the residential targeted area, then the entire lot shall be
deemed to lie within the residential targeted area.
L. “Urban center” means a compact, identifiable district where urban residents may obtain a
variety of products and services. An urban center must contain:
1. Several existing or previous, or both, business establishments that may include but are not
limited to shops, offices, banks, restaurants, and governmental agencies;
2. Adequate public facilities including streets, sidewalks, lighting, transit, domestic water, and
sanitary sewer systems; and
3. A mixture of uses and activities that may include housing, recreation, and cultural activities
in association with either commercial or office, or both, use. (Ord. 6287 § 2, 2010; Ord. 6257
§ 1, 2009; Ord. 5779 § 1, 2003.)
3.94.040 Tax exemption – Duration – Valuation – Exceptions.
A. Exemption, Duration of. The value of new housing construction, conversion, and
rehabilitation improvements for market rate property qualifying under this chapter is exempt
from ad valorem property taxation for eight successive years beginning January 1st of the year
immediately following the calendar year of issuance of the final certificate of tax exemption and
12 successive years beginning January 1st of the year immediately following the calendar year
of issuance of the final certificate of tax exemption for affordable housing qualifying under this
chapter.
B. Limits on Exemption. The exemption does not apply to the value of land or to the value of
non-housing improvements, nor does the exemption apply to increases in assessed valuation of
land and non-qualifying improvements. This chapter also does not apply to increases in
assessed valuation made by the assessor on non-qualifying portions of building and value of
land, nor to increases made by lawful order of a county board of equalization, the Department of
Revenue, or a county, to a class of property throughout the county or specific area of the county
to achieve the uniformity of assessment or appraisal required by law. In the case of
rehabilitation of existing buildings, the exemption does not include the value of improvements
constructed prior to the submission of the application required under Chapter 84.14 RCW.
C. Only newly constructed or rehabilitated market rate units with a minimum investment of
$200130,000 per unit annually adjusted for inflation by the Consumer Price Index as of the
passage date of the ordinance codified in this section (August 17, 2009) or newly constructed or
rehabilitated market rate units with a minimum investment of $200130,000 per unit annually
adjusted for inflation by the Consumer Price Index as of the passage date of the ordinance
codified in this section (August 17, 2009) and 20 percent or more of the units priced as
affordable units shall qualify for the exemption. (Ord. 6257 § 1, 2009; Ord. 6020 § 1, 2006; Ord.
5779 § 1, 2003.)
3.94.050 Project eligibility.
To qualify for exemption from property taxation under this chapter, the property must satisfy all
of the following requirements:
A. The property must be located in the designated residential targeted area.
B. The project must consist of at least four dwelling units of multifamily housing, located within a
residential structure or a mixed-use development, in which at least 50 percent of the space
within such residential structure or mixed-use development is intended for permanent residential
occupancy.
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C. The property must be used and/or developed in a way that increases or preserves property
valuation, and the use or development of the property must represent an increased investment
in the property and property maintenance that results in an increase in the overall property
values in the target area.
D. The project must comply with all zoning requirements, land use regulations, and building
code requirements contained in the Auburn City Code and applicable upon land use permit
approval or submittal of a complete building permit application, whichever occurs sooner.
E. For the duration of the exemption granted under this chapter, the property shall have no
violations of applicable zoning requirements, land use regulations, or building code
requirements contained in the Auburn City Code for which the city of Auburn and/or its
departments or divisions have issued a “stop work order” or notice of violation and order to
correct that are not resolved by a voluntary correction agreement, vacation by the hearing
examiner, or action of the property owner in compliance with the applicable code requirements
as determined by the director, within the time period for compliance as provided in such
notice(s) and any extension of the time period for compliance granted by the director.
F. New construction of multifamily housing must be completed within three years from the date
of approval of the application or by any extended deadline granted by the director pursuant to
ACC 3.94.070(C).
G. The owner must enter into a written agreement with the city, approved by the director, and
signed by the mayor, in which the owner has agreed to the implementation of the development
on terms and conditions satisfactory to the city. (Ord. 6257 § 1, 2009; Ord. 5779 § 1, 2003.)
3.94.060 Application procedure.
The owner of property applying for exemption under this chapter shall submit an application to
the director on a form established by the director. The owner shall verify the correctness of the
information contained in the application by his/her signature and affirmation made under penalty
of perjury under the laws of the state of Washington. The application shall contain such
information as the director may deem necessary or useful, which at a minimum shall include:
A. A completed city of Auburn application form, including information setting forth the grounds
for tax exemption;
B. A brief written description of the project, and schematic site and floor plans of the multifamily
units and the structure(s) in which they are proposed to be located;
C. Floor and site plans of the proposed project, which plans may be revised by the owner;
provided, in the opinion of the director, such revisions do not materially alter the nature of the
project or the rationale substantiating the exemption application;
D. A statement from the owner acknowledging the potential tax liability when the property
ceases to be eligible for exemption under this chapter;
E. At the time of initial application under this section, the owner shall pay to the city an initial
application fee of $1,000, plus an amount necessary to cover recording fees under ACC
3.94.100;
F. Except as otherwise provided in ACC 3.94.070, the application shall be submitted any time
before the earlier of:
1. The issuance of a building permit.
An application for a land use approval process; and
2. An application for a building or other construction permit;
G. If on the effective date of the ordinance codified in this chapter, the owner has applied for a
permit identified in subsection (F)(2) of this section, then application for exemption under this
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section may be submitted any time prior to issuance of a building permit. (Ord. 6257 § 1, 2009;
Ord. 5779 § 1, 2003.)
3.94.070 Application review – Approval – Required findings – Issuance of conditional
certificate – Denial – Appeal.
A. The director may approve an application if he or she finds that:
1. When a new structure is being created, or an existing structure is being rehabilitated, a
minimum of four new multifamily units are being constructed; or an existing structure vacant
for 12 months or more has a minimum of four units being rehabilitated;
2. The proposed project is or will be, at the time of completion, in conformance with all
approved plans, and all applicable requirements of the Auburn City Code or other applicable
requirements or regulations in effect at the time the application is approved;
3. The owner has complied with all of the requirements of this chapter, including but not
limited to project eligibility requirements contained in ACC 3.94.050, and application
requirements contained in ACC 3.94.060; and
4. The project site is located within a designated residential targeted area.
B. The director shall deny an application if the foregoing criteria are not met.
C. If the application is approved, the owner shall enter into a contract and the director shall
issue a conditional certificate of acceptance of tax exemption. The conditional certificate shall
expire three years from the date of approval unless an extension is granted as provided in ACC
3.94.090.
D. Following his/her approval of the contract, the director shall issue a conditional certificate of
acceptance of tax exemption. The conditional certificate shall expire three years from the date of
approval unless an extension is granted as provided in ACC 3.94.090.
E. If the application is denied, the director shall state in writing the reasons for the denial and
send notice of denial to the owner’s last known address within 10 working days of the denial.
F. An owner may appeal a denial of a tax exemption application to the hearing examiner by
filing a notice of appeal with the city clerk within 30 calendar days of receipt of notice of the
denial. The appeal before the hearing examiner shall be based upon the record before the
director, and the director’s decision will be upheld unless the owner can show that there is no
substantial evidence on the record to support the director’s decision. (Ord. 6257 § 1, 2009; Ord.
5779 § 1, 2003.)
3.94.080 Amendment of contract.
A. Any owner seeking amendment(s) to the contract approved by the director may do so by
submitting a request in writing to the director at any time within three years of the date of the
director’s approval of the contract.
B. Any owner seeking amendments to the approved form of contract shall pay to the city an
amendment application fee of $500.00 for administrative costs, plus any amount necessary to
cover recording fees.
C. The date for expiration of the conditional certificate shall not be extended by contract
amendment unless all conditions for extension set forth in ACC 3.94.090 are met. (Ord. 5779 §
1, 2003.)
3.94.090 Extension of conditional certificate – Required findings – Denial – Appeal.
A. The conditional certificate may be extended by the director for a period not to exceed 24
consecutive months. The owner shall submit a written request stating the grounds for the
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extension together with a fee of $500.00 for the city’s administrative cost to process the request.
The director may grant an extension if the director finds that:
1. The anticipated failure to complete construction within the required time period is due to
circumstances beyond the control of the owner; and
2. The owner has been acting, and could reasonably be expected to continue to act, in good
faith and with due diligence; and
3. All the conditions of the original contract between the owner and the city will be satisfied
upon completion of the project.
B. If an extension is denied, the director shall state in writing the reason for denial and shall
send notice to the owner’s last known address within 10 working days of the denial. An owner
may appeal the denial of an extension to the hearing examiner by filing a notice of appeal with
the city clerk within 14 calendar days after issuance of the notice of the denial. The appeal
before the hearing examiner shall follow the provisions of Chapter 2.46 ACC. The hearing
examiner’s decision shall be the final decision of the city and is not subject to further appeal.
(Ord. 6442 § 2, 2012; Ord. 5779 § 1, 2003.)
3.94.100 Final certificate – Application – Issuance – Denial – Appeal.
A. Upon completion of the construction as provided in the contract between the owner and the
city, and upon issuance of a temporary certificate of occupancy, or a permanent certificate of
occupancy if no temporary certificate is issued, the owner may request a final certificate of tax
exemption. The owner shall file with the director such information as the director may deem
necessary or useful to evaluate eligibility for the final certificate, which shall at a minimum
include:
1. An audited statement of expenditures made with respect to each multifamily housing unit
and the total expenditures made with respect to the entire property, including total project
costs, which statement shall be approved by the city of Auburn finance director.
2. A description of the completed work and a statement of qualification for the exemption.
3. A statement that the work was completed within the required three-year period or any
approved extension; and
B. At the time of application for final certificate under this section the owner shall pay to the city
a fee of $50.00 to cover the city’s administrative costs.
C. Within 30 calendar days of receipt of all materials required for a final certificate, the director
shall determine whether the completed work is consistent with the contract between the city and
owner, whether all or a portion of the completed work is qualified for exemption under this
chapter and, if so, which specific improvements satisfy the requirements of this chapter.
D. If the director determines that the project has been completed in accordance with the
contract between the owner and the city and the requirements of this chapter, the city shall file a
final certificate of tax exemption with the assessor within 10 calendar days of the expiration of
the 30-calendar-day period provided under subsection C of this section.
E. The director is authorized to cause to be recorded or to require the owner or owners to
record, in the real property records of the appropriate office of the county in which the property
is located, the contract with the city required under ACC 3.94.050, or such other document(s) as
will identify such terms and conditions of eligibility for exemption under this chapter as the
director deems appropriate for recording.
F. The director shall notify the owner in writing that the city will not file a final certificate if the
director determines that the project was not completed within the required three-year period or
any approved extension, or was not completed in accordance with the contract between the
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owner and the city and the requirements of this chapter, or the owner’s property is otherwise not
qualified for the limited exemption under this chapter.
G. The owner may appeal the director’s decision to the hearing examiner by filing a notice of
appeal with the city clerk within 14 calendar days after the issuance of the notice of the denial.
The appeal before the hearing examiner shall follow the provisions for appeal contained in
Chapter 2.46 ACC. The owner may appeal the hearing examiner’s decision to the King County
superior court according to the procedures contained in RCW 34.05.510 through 34.05.598, as
provided in RCW 84.14.090(6), within 30 days of notification by the city to the owner of the
decision. (Ord. 6442 § 3, 2012; Ord. 5779 § 1, 2003.)
3.94.110 Annual certification.
A. Within 30 days after the first anniversary of the date the city filed the final certificate of tax
exemption and each year thereafter, for a period of 10 years, the property owner shall file a
certification with the director, verified upon signed affirmation under penalty of perjury under the
laws of the state of Washington. The certification shall contain such information as the director
may deem necessary or useful, and shall at a minimum include the following information:
1. A statement of occupancy and vacancy of the multifamily units during the previous year;
2. A certification that the property has not changed use since the date of filing of the final
certificate of tax exemption, and continues to be in compliance with the contract with the city
and the requirements of this chapter;
3. A description of any improvements or changes to the property made after the filing of the
final certificate or most recent certification, as applicable.
B. Failure to submit the annual certification may result in cancellation of the tax exemption. (Ord.
5779 § 1, 2003.)
3.94.120 Cancellation of tax exemption – Appeal.
A. If at any time the director determines that the property no longer complies with the terms of
the contract or with the requirements of this chapter, or the use of the property for any reason
no longer qualifies for the tax exemption, the tax exemption shall be cancelled and additional
taxes, interest and penalties imposed pursuant to state law.
B. If the owner intends to convert the multifamily housing to another use, the owner must notify
the director and the King County assessor within 60 days of the change in use. Upon such
change in use, the tax exemption shall be cancelled and additional taxes, interest and penalties
imposed pursuant to state law.
C. Upon determining that a tax exemption shall be cancelled, the director shall notify the
property owner by certified mail, return receipt requested. The property owner may appeal the
determination by filing a notice of appeal with the city clerk within 30 calendar days after
issuance of the decision by the director, specifying the factual and legal basis for the appeal.
The appeal before the hearing examiner shall follow the procedures set forth in ACC 2.46.100
through 2.46.160. At the appeal hearing, all affected parties may be heard and all competent
evidence received. The hearing examiner shall affirm, modify, or repeal the decision to cancel
the exemption based on the evidence received. The hearing examiner shall give substantial
weight to the director’s decision to cancel the exemption, and the burden of proof and the
burden of overcoming the weight accorded to the director’s decision shall be upon the appellant.
An aggrieved party may appeal the hearing examiner’s decision to the King County superior
court in accordance with the procedures in RCW 34.05.510 through 34.05.598, as provided in
RCW 84.14.110(2), within 30 days after issuance of the decision of the hearing examiner. (Ord.
6442 § 4, 2012; Ord. 5779 § 1, 2003.)
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3.94.130 Review of program.
A. The provisions of this chapter shall be reviewed five years after the effective date of the
ordinance codified herein. Such review may include, but not be limited to, the number of
dwelling units granted property tax exemption under this program, consideration of the
multifamily development trends in the city and region, review of administrative processes and
procedures, as well as public comment. If the program is terminated, no further applications for
a conditional certificate of tax exemption shall be accepted. Incomplete applications shall be
returned to the owner.
B. Notwithstanding subsection A of this section, pending complete applications for a conditional
certificate, extension of conditional certificate or final certificate shall be processed as provided
under ACC 3.94.060 through 3.94.100. The city’s authority to enforce the provisions of this
chapter shall survive any and all timetables provided for herein, and shall apply to all properties
that have been issued a final certificate of tax exemption under this chapter until expiration,
termination or cancellation of the certificate. (Ord. 5779 § 1, 2003.)
1
Exhibit A of Ord. 5779 is on file in the office of the city clerk for public review and
inspection.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
PCDC Matrix
Date:
September 19, 2013
Department:
Planning and Development
Attachments:
PCDC Matrix
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
Reviewed by Council Committees:
Other: Planning
Councilmember:Backus Staff:Welch
Meeting Date:September 23, 2013 Item Number:DI.F
AUBURN * MORE THAN YOU IMAGINEDDI.F Page 59 of 63
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DI.F Page 62 of 63
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DI.F Page 63 of 63