HomeMy WebLinkAbout12-09-2013 PLANNING & COMMUNITY DEVELOPMENT COMMITTEE AGENDA
Planning and Community Development
December 9, 2013 - 5:00 PM
Annex Conference Room 2
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
1. Presentation
a. Arts Commission Annual Update* (Brewer)
The Auburn Arts Commission and staff will provide an annual update on
program and policy development, event/program support, and planning
C.Agenda Modifications
II.CONSENT AGENDA
A. Minutes - November 25, 2013* (Tate)
III.ACTION
A. Resolution No. 5010* (Faber)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor to execute a second addendum with the White River Valley Historical
Society to extend the term of the society's lease of the built environment at Mary
Olson Farm through June 30, 2033
B. Ordinance No. 6488 - School Impact Fees Code Amendments* (Dixon)
An Ordinance of the City Council of the City of Auburn, Washington amending
sections 19.02.115, 19.02.120, 19.02.130 and 19.02.140 of the Auburn City Code
relating to School Impacts Fees
IV.DISCUSSION ITEMS
A. Director's Report (Tate)
B. PCDC Matrix* (Tate)
V.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for
review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes - November 25, 2013
Date:
December 5, 2013
Department:
Planning and Development
Attachments:
November 25, 2013 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Planning and Community Development Committee to approve the November 25, 2013
Planning and Community Development Committee minutes as written.
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:Tate
Meeting Date:December 9, 2013 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 2 of 34
Planning and Community
Development
November 25, 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
Chair Nancy Backus, Vice-Chair John Holman and Member Largo Wales were present. Also present were Mayor Pete Lewis, Interim Planning and Development Director Jeff Tate, Finance Director Shelley Coleman, Director of Administration Michael Hursh, City Attorney Dan Heid, Economic Development Manager Doug Lein, Planning Services Manager Elizabeth Chamberlain, Environmental Services Manager Chris Andersen, Principal Planner Jeff Dixon, Engineering Aide Amber Mund, Planner Gary Yao, and Planning Secretary Tina Kriss. Members of the public present: Lan Phan Jones, Thai Phan, Allen Jones, David Schmidt, Lloyd A. Burroughs, Laura Westergard of the Auburn Downtown Association, Councilmember Peloza, Jeff Oliphant, Robert Whale of the Auburn Reporter.
B. Announcements
C. Agenda Modifications
There were two agenda modifications. The first agenda modification added materials to Discussion item IV. B. Ordinance No. 6474. The second agenda modification added Discussion item IV. I. Status of Agreements with Ceradimm, LLC and Coldwell Banker Commercial Danforth
II. CONSENT AGENDA
A. Approval of Minutes - November 12, 2013 (Tate)
Vice-Chair Holman moved and Member Wales seconded to approve the November 12, 2013 minutes as written. Motion carried unanimously. 3-0
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III. ACTION
A. Resolution No. 5012 - Request for Monument on City Property from the American-Vietnamese War Memorial Alliance (Faber)
Parks, Arts and Recreation Director Daryl Faber provided the staff report for Resolution No. 5012. Director Faber stated the American-Vietnamese War Memorial Alliance (AVWMA) has submitted an application for Monuments, Memorials and Structures per the standards of Ordinance No. 6480. Resolution No. 5012 was presented to the Municipal Services Committee this evening and the Committee recommended references to Veterans Memorial Park should be changed to Les Gove Park within the Resolution and also recommended including a commitment and obligation from the American-Vietnamese War Memorial Alliance to maintain the Memorial in perpetuity. Chair Backus invited members of the audience forward for public comment on this item: Lan Phan Jones, Co-Chair of the AVWMA, 1445 Ridgeview Loop SW, Tumwater Ms. Jones stated the goal of the Memorial and the AVWMA is to honor and thank the Vietnam veterans. Ms. Jones stated she hopes the members of the Committee will allow the AVWMA to move forward with a Memorial. It has been 50 years since the Vietnam War and it is time to be kind and honor our veterans who deserve the Memorial. Lloyd A. Burroughs, Regional Director of the National Association of Black Veterans Mr. Burroughs stated as he considers the proposed Memorial he is reminded of “reconciliation”. Mr. Burroughs stated as a member of the 1st Calvary Division who served an extended tour in the Vietnam War and is aware that over 58,000 veterans were killed in the Vietnam War. He emphasized that because of the protection and guidance of the Vietnamese, through hot spots and the difficult terrain, he and other comrades are alive today. He is thankful and appreciative that the City wants to do the right thing in recognizing the sacrifices of the veterans and consider the placement of a Memorial in the City. Sarah Blum, 303 O Street, Auburn, Ms. Blum explained she was a nurse in the Vietnam War and in 1984 she met a Vietnamese hospital worker, Thu Van Nguyen, while working with veterans. They discussed the healing that is needed between the two communities and after planning a community event both experienced threats, intimidation, anger, and resistance from the Vietnam veteran community. On November 11, 1984 Recognition Friendship Day was held at the Seattle Center Veterans Hall. Many
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listened to the stories of both Vietnamese and Vietnam veterans, they hugged and cried together. The event was moving and provided the much needed healing for both communities. Ms. Blum stated that the proposed joint memorial in Auburn will also bring the Auburn community together to provide healing. David Schmidt, 326 A Street NE, Auburn Mr. Schmidt stated, words cannot describe what the Memorial would mean to him. As a veteran experiencing Post Traumatic Stress Disorder (PTSD) the Vietnam War becomes an everyday occurrence, day and night. Some Vietnam veterans believe the Vietnamese were cowards who ran when things got rough, which was not his experience while serving with them. A Vietnamese Petty Officer Third Class in the Republic of Vietnam Navy was awarded the United States Navy Cross, he was not a coward. The Memorial will mean a great deal to not only me but the Vietnamese. Chair Nancy Backus expressed her gratitude and appreciation for the audience members who have served in the military on behalf of our Country. Her hope is that no veteran coming back from the military will ever experience, or be treated the way those returning from the Vietnam War were treated. The Committee thanked those in the audience who provided comments on the Memorial with the hope that the Memorial will bring healing to the community and Country. Member Largo Wales expressed that she feels the Vietnam Veterans Memorial should be placed at the Veterans Memorial Park. She stated that as a teacher during the war, the children they taught coming from Vietnam to the United States felt dislocated and scared. Fifty years later the kids are now grandparents and want a place to go to share their experiences in a meaningful way. She does not believe the Vietnamese veterans were treated well and that by placing the Memorial at an alternative site from the Auburn Veterans Memorial Park they will again feel unfairly treated. Member Wales emphasized the discrimination and pain that needs to be healed. David Schmidt, 326 A Street NE, Auburn, Washington Mr. Schmidt stated he is unsure why the Memorial could not be placed at the Veterans Memorial Park and believes the struggle that the Vietnam veterans faced was no less difficult than the other struggles those faced already occupying the Veterans Memorial Park and by placing the Memorial at Les Gove Park makes it feel like our struggles are diminished. The Committee pointed out, if other applications are received from various groups the space at Veterans Memorial Park would limit their placement. In no way does the placement of the Memorial at Les Gove Park diminish the contribution of any veteran.
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Member Wales expressed that Les Gove Park is a wonderful location and wonderful place for future groups to place a Monuments or Memorials but feels by not allowing the joint Vietnam Veterans Memorial to be located in Veterans Memorial Park it is sending the message that they are not able to “be at the same table” due to limited space and that the Memorial may be able to be scaled down. Sarah Blum, 303 O Street, Auburn Ms. Blum stated that she is thankful for the impassioned sentiments and the desire for some to place the Memorial at the Veterans Memorial Park but her generation of Veterans were about leadership and healing and she believes the “table needs to be bigger”. Placing the Memorial at Les Gove park will allow for expansion of future memorials and monuments so that healing can begin. Peggy Clydell Ms. Clydell stated she was a nurse during the war and spent time with wives, mothers, daughters, grandparents, grandchildren and the families of the veterans. When the Vietnam Traveling Memorial Wall comes to the City she visits the wall to support veterans and their families. This project focuses on the entire family and can bring intergenerational healing for all. The Committee discussed the absence of the U.S. Coast Guard in the Memorial and Vice-Chair Holman asked that the addition be made to the Memorial. The Committee also discussed the text of the message of the Memorial where the “Republic of Vietnam” is listed before the “United States” and what the general protocol is. Allen Jones, 1445 Ridgeview Loop SW, Tumwater Mr. Allen asked if it would be possible to change the English translation and not the Vietnamese translation. The Committee concurred to change the English translation. The Committee and staff discussed the time commitment for raising funds, construction and installation and determined the Resolution should be updated to reflect a five (5) year commitment with the opportunity of the AVWMA to extend for an additional five (5) years with a review within five (5). Vice-Chair Holman moved and Chair Backus seconded to recommend City Council adopt Resolution No. 5012 as amended with a period of ten (10) years with a status report within five (5) years and the option of a five (5) year extension, and the English Language text of the message of the Memorial listing “United States” before the “Republic of Vietnam”.
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Motion adopted. 2-1 Member Wales (no)
B. Ordinance No. 6465 (Faber) An Ordinance of the City Council of the City of Auburn, Washington adding Chapter 2.22 to the Auburn City Code relation to parks.
Parks, Arts and Recreation Director Daryl Faber provided background information on Ordinance No. 6465. Ordinance No. 6465 would add a new Chapter 2.22 to the Auburn City Code relating to Parks. There are no new laws or obligations; the purpose of adding a new chapter was to provide clarity and put into code park policy. Municipal Services Committee has reviewed this item and made recommendations for updates to the Ordinance; staff reviewed the updates with PCDC . Under Section 2.22.100 of Ordinance No. 6465 "seaweed" was deleted and "without specific permission by the Parks Director" was added. Section 2.22.070 was also updated. Vice-Chair Holman moved and Member Wales seconded to recommend City Council adopt Ordinance No. 6465 as amended with the updates noted by Director Faber. Motion unanimously adopted. 3-0
C. Ordinance No. 6489 - 2013 Comprehensive Plan Amendments (Dixon)
Principal Planner Jeff Dixon provided the staff report on proposed Ordinance No. 6489, an Ordinance relating to the City adopting Comprehensive Plan Map and Text Amendments pursuant to the provisions of RCW Chapter 36.70A. The Planning and Community Development Committee reviewed the 2013 Comprehensive Plan Amendments at their November 12, 2013 meeting along with the Planning Commission recomendations and had no questions. On November 18, 2013 the 2013 Comprehensive Plan Amendments were reviewed by the Public Works Committee and was supportive of Ordinance No. 6489. Committee and staff discussed the Traffic Impact Fee calculations and the Committee asked that staff provide information on how the fee calculations are determined at a COW meeting or at the next City Council retreat. Member Wales moved and Vice-Chair Holman seconded to recommend City Council adopt Ordinance No. 6489.
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Motion unanimously adopted. 3-0
IV. DISCUSSION ITEMS
A. Resolution No. 4913 (Coleman) A Resolution of the City Council of the City of Auburn, Washington, identifying the City Council’s desire to move forward with funding preparations for the City of Auburn Community Center.
Finance Director Shelley Coleman explained that Resolution No. 4913 was brought forward to identify funding sources for the proposed Community Center. This was brought forward previously before the Committee but since that time there have been changes for the City. Three million dollars has been secured from a State Construction Fund to put towards this project. The total estimate for the project is approximately $9,000,000.00 to construct the facility with the remaining cost of approximately $6,000,000.00. Staff distributed the Business Plan handout and the Committee reviewed the plan with staff. The Committee discussed the soft costs within the Business Plan and the time period the City has to use the State money, two years total with about a year and a half remaining. Director Coleman reported the current recommendation from administration for funding sources for the support of the Community Center is as follows:
· Approximately $1,500,000.00 from the closing downtown catalyst block sale
proceeds
· Approximately $1,075,000.00 from the City’s sale of Suite 380 in the Annex
building
· Approximately $750,000.00 remain from the sale of City parking spaces back to
the Sound Transit Garage
· Approximately $1,500,000.00 million of Real Estate Excise Tax (REET) 1 funding
(unobligated through the end of 2014)
· Approximately $1,200,000.00 from the cumulative reserve fund
The combined amount of $6,000,000.00 would fully fund the Community Center remaining balance necessary for the construction. After discussion, the Committee determined that they would take action on this item. This item will go forward to the Finance Committee for action as well. Vice-Chair Holman moved and Member Wales seconded to identify and support the funding of the Community Center at Les Gove Park as outlined by Director Coleman and Mayor Lewis above and also add this as a supplement for Ordinance No. 6474, budget amendment No. 6. Motion carried unanimously. 3-0
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B. Ordinance No. 6474 (Coleman)
Finance Director Shelley Coleman reviewed the memorandum provided for proposed Ordinance No. 6474, Budget Amendment No. 6 and provided an overview of the budget amendment. The general fund balances were brought forward based on the adjustments from June 2013. A new police vehicle and project management software was included. Wastewater revenue payments to King County were also included since the Committee last reviewed Budget Amendment No. 6. The Committee reviewed items on Schedule "A" and "B".
C. Resolution No. 5001 (Mund)
Engineering Aide Amber Mund provided information on Resolution No. 5001, authorizing the Mayor to execute a Public Way Agreement between the City of Auburn and Level 3 Communications, L.L.C. Staff has reviewed the application and has determined that the location of facilities within the requested rights-of-way is in the best interest of the City and the citizens of Auburn. The Committee had no questions.
D. Resolution No. 5004 (Mund)
Engineering Aide Amber Mund provided information on Resolution No. 5004 setting a Public Hearing to consider the vacation of the alley between South Division Street and A Street SE, south of East Main Street, within the City of Auburn, Washington. The vacation would allow Plan A Development LLC (building the Trek building) to be flexible in the design of the building. A portion of the property vacated would go back to the property owners, Jeff Oliphant of Auburn on 1st LLC and Plan A Development LLC. Chair Backus invited members of the audience forward for public comment: Jeff Oliphant, PO Box 1294, Auburn Mr. Oliphant stated he does not understand the purpose of the vacation and is content with the current purpose of the property being a public alley. He stated his property is not currently very appealing but it is stand-alone property and there is interest from financial institutions for branches which would benefit from having the width of a full alley. Staff explained that the request does not restrict the property and both parties would receive vacated land. The next step is to take Resolution No. 5004 to City Council for approval which sets the date of the public hearing. The Committee asked staff if Mr. Oliphant has been provided with the
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contact information for Plan A Development LLC to inquire as to the details and purpose of the vacations. Staff explained that the contact information of both parties has been provided to them.
E. Ordinance No. 6488 - School Impact Fees Code Amendment (Dixon)
Principal Planner Jeff Dixon provided background information on Ordinance No. 6488, School Impact Fees Code. Ordinance No. 6488 would amend Sections 19.02.115, 19.02.120, 19.02.130 and 19.02.140 of the Auburn City Code relating to school impact fees. Committee and staff reviewed the proposed school impact fees. Committee discussion followed regarding the request of increased school impact fees. The Committee did not have any changes to Ordinance No. 6488 and the Ordinance will be brought back for action at the next meeting.
F. Comprehensive Downtown Parking Management Plan (Yao/Chamberlain)
Planner Gary Yao presented the staff report on the status of the Comprehensive Downtown Parking Management Plan (CDPMP). The draft CDPMP has been reviewed by the City’s Public Works and the Planning and Development Department and staff recommended that the commuter parking needs be comprehensively addressed within the CDPMP. The demand of commuter parking that will be needed when the southeast Auburn Junction gravel parking lot and the temporary gravel 3-hour public parking lot in the southwest Auburn Junction block are no longer available increases.. The increases expected in Sounder commuter rail services over the next 5 years are also anticipated to generate additional commuter parking demand. The Committee and staff discussed a proposal for the recommendation of a 3-hour public on- and off-street parking and residential permit parking zones throughout the Downtown Urban Center (DUC). The Committee discussed the potential of shuttle services to alleviate some of the deficits and requested that staff reference the responsibilities of Sound Transit and additional parking facilities within the CDPMP. Laura Westergard, Executive Director of the Auburn Downtown Association, 222 E Main Street, Suite A, Auburn Ms. Westergard asked if the west side of the Auburn Transit Center is where the proposed Auburn Transit Center-adjacent parking facility was to be built (facing C Street). The Committee explained the second garage would be built on that site. The Committee believes it would be beneficial to have a discussion with King County Metro to consider funding or assisting to fund shuttle
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service in Auburn since the funding of an additional parking garage is at least seven years out. This would assist their ridership and commuters. Ms. Westergard stated she is fully in support of a shuttle service or trolley service and applying for grants to assist with a trolley service. This would meet an immediate need and be a more environmentally positive solution. The Committee asked staff to provide an inventory and the cost of parking spaces provided by the City within the DUC.
G. Director's Report (Welch)
Interim Planning and Development Director Jeff Tate reported that a pre-construction meeting for the Trek building took place with Plan A Development LLC. They will begin construction of the project beginning December 9, 2013.
H. PCDC Matrix (Welch)
The Committee asked if staff will provided a presentation and overview of the code enforcement procedures before the Committee of the Whole (COW) and PCDC. There were no additional changes or additions to the matrix.
I. Status of Agreements with Ceradimm, LLC and Coldwell Banker Commercial Danforth (Tate)
Interim Planning and Development Department Director Jeff Tate provided the staff report on the Status of Agreements with Ceradimm, LLC and Coldwell Banker Commercial Danforth. The Exclusive Lease or Sale Listing Agreement with Coldwell Banker Commercial Danforth and the Memorandum of Agreement and Option to Purchase Real Property between the City of Auburn and Ceradimm, LLC are currently active but will expire at the end of December, 2013. An extension of the agreements will promote downtown activity, development, marketing in our DUC area and in order for the City to continue working with Coldwell Banker Commercial Danforth and Ceradimm, LLC the City needs to renew the agreements. The City does not pay for these services. After discussion, the Committee determined they would take action on this item and asked that it be forwarded to another committee for discussion prior to going forward to City Council. Member Wales moved and Vice-Chair Holman seconded to recommend City Council extend the agreements between the City of
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Auburn and Ceradimm, LLC and the City of Auburn and Coldwell Banker Commercial Danforth. Motion carried unanimously. 3-0
V. ADJOURNMENT
There being no further business to come before the Planning and Community Development Committee, the meeting was adjourned at 7:50 p.m. DATED this _____________ day of _________________________, 2013. __________________________________ Nancy Backus - Chair ___________________________________ Tina Kriss - Planning Secretary
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5010
Date:
November 26, 2013
Department:
Parks/Art and Recreation
Attachments:
Resolution 5010
Exhibit A, Addendum 2
Budget Impact:
$0
Administrative Recommendation:
Planning and Community Development Committee to recommend City Council adopt
Resolution No. 5010.
Background Summary:
Reviewed by Council Committees:
Municipal Services, Planning And Community Development
Councilmember:Backus Staff:Faber
Meeting Date:December 9, 2013 Item Number:ACT.A
AUBURN * MORE THAN YOU IMAGINEDACT.A Page 13 of 34
----------------------
Resolution No. 5010
November 7, 2013
Page 1 of 2
RESOLUTION 5010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
EXECUTE A SECOND ADDENDUM WITH THE WHITE
RIVER VALLEY HISTORICAL SOCIETY TO EXTEND THE
TERM OF THE SOCIETY’S LEASE OF THE BUILT
ENVIRONMENT AT MARY OLSON FARM THROUGH JUNE
30, 2033
WHEREAS, the City of Auburn owns the historical site known as the Mary Olson
Farm and wishes to preserve and develop the farm in accordance with the Mary Olson
Farm Master Site Plan; and
WHEREAS, the City entered into an agreement with the White River Valley
Historical Society by adoption of Resolution 3503 and execution of a lease agreement
on August 19, 2002; and
WHEREAS, the City adopted Resolution 4172 on April 12, 2007, extending the
Society’s lease for a period of 20 years; and
WHEREAS, the Society has raised funds that have been used toward the goals
of the Mary Olson Farm project, and has been approved for a grant that requires the
Society to have a leasehold interest for a period longer than the existing lease; and
WHEREAS it benefits both the City and the community for the parties to extend
the Lease for an additional five-year period, through June 30, 2033 to allow the Society
to be eligible for this grant.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
ACT.A Page 14 of 34
----------------------
Resolution No. 5010
November 7, 2013
Page 2 of 2
Section 1. The Mayor of the City of Auburn is authorized to execute the
Second Addendum to the Lease Agreement, in substantially the form denominated as
Exhibit “A,” attached hereto and incorporated by this reference.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. This resolution shall be in full force and effect upon passage and
signatures hereon.
DATED and SIGNED this day of __________, 2013.
CITY OF AUBURN
_______________________________
PETER B. LEWIS
MAYOR
ATTEST:
______________________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
______________________________
Daniel B. Heid,
City Attorney
ACT.A Page 15 of 34
Resolution 5010 – Exhibit A
Second Addendum to Lease Agreement
November 07, 2013
Page 1 of 2
Exhibit A
ADDENDUM NO. 2
CITY OF AUBURN AND
WHITE RIVER VALLEY HISTORICAL SOCIETY
MARY OLSON FARM LEASE
THIS SECOND ADDENDUM to the CITY OF AUBURN AND WHITE RIVER VALLEY
HISTORICAL SOCIETY MARY OLSON FARM LEASE, herein referred to as the “LEASE,” is
made and entered into this ______ day of _________, 2013, by and between the City of
Auburn, Washington, a municipal corporation of the State of Washington herein referred to as
the “City,” and the White River Valley Historical Society, a Washington non-profit corporation,
herein referred to as the “Society.”
WHEREAS, the terms of the original Lease Agreement, entered into by these parties on
the 19th day of August, 2002, and enacted under Resolution 3503, allowed the Society to
engage in activities to preserve and develop the farm in accordance with the Mary Olson Farm
Master Site Plan; and
WHEREAS, the City adopted Resolution 4172 on April 12, 2007, extending the Society’s
lease for a period of 20 years; and,
WHEREAS, the Society has successfully raised funds that have been used toward the
goals and objectives for the Olson Farm project, and has been approved for a grant that
requires the Society to have a leasehold interest for a period longer than the existing lease; and
WHEREAS, the CITY and the SOCIETY find it beneficial to extend the term this
agreement before the original lease period ends in order to take advantage of this grant
opportunity;
NOW THEREFORE, in consideration of the terms and conditions of the original
agreement, it is hereby agreed by and between the parties as follows:
ACT.A Page 16 of 34
Resolution 5010 – Exhibit A
Second Addendum to Lease Agreement
November 07, 2013
Page 2 of 2
ITEM ONE. REVISION TO SECTION 1 OF THE LEASE: That Section 1 of the
LEASE is stricken and replaced with the following:
Section 1. That with this agreement the City hereby leases to the White River
Valley Historical Society the built-environment at Mary Olson Farm, consisting of
the 1897 barn, the 1902 house and weaving shed, the 1920s garage, and the
chicken house, outhouse, and smokehouse, for a term ending on June 20, 2033.
and for a fee of One and No/100s Dollars ($1.00) annually.
The purpose of this lease agreement is to apportion the preservation and
development of the built-environment of Olson Farm to the Society. All
improvements shall become the property of the City at the end of this lease.
ITEM TWO. REMAINING TERMS UNCHANGED: That all other provisions of the
LEASE shall remain unchanged, and in full force and effect.
DATED and SIGNED this _____ day of ________________, 2013.
CITY OF AUBURN WHITE RIVER VALLEY HISTORICAL
SOCIETY
________________________
Peter B. Lewis Name: ____________________
Mayor Title: ____________________
Attest:
Danielle Daskam, City Clerk
Approved as to form:
Daniel B. Heid, City Attorney
ACT.A Page 17 of 34
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6488 - School Impact Fees Code
Amendments
Date:
December 5, 2013
Department:
Planning and Development
Attachments:
Agenda Bill
Ordinance No. 6488
Table Comparison of Impact Fee
Proposal
Budget Impact:
$0
Administrative Recommendation:
Planning and Community Development Committee to recommend City Council adopt
Ordinance No. 6488.
Background Summary:
See attached Agenda Bill.
Reviewed by Council Committees:
Finance, Planning And Community Development Other: Legal, Planning
Councilmember:Backus Staff:Dixon
Meeting Date:December 9, 2013 Item Number:ACT.B
AUBURN * MORE THAN YOU IMAGINEDACT.B Page 18 of 34
AGENDA BILL APPROVAL FORM
Agenda Subject: ZOA13-0006; Ordinance No. 6488 related to revision
of school district impact fees
Date:
December 4, 2013
Department:
Planning & Development Dept.
Attachments:
Ordinance No. 6488
Table Comparison of Impact Fee
Proposal
Budget Impact:
$
Administrative Recommendation:
Planning and Community Development Committee to recommend to City Council to introduce and adopt
Ordinance No. 6488.
Background Summary:
Title 19 (Impact Fees) of the Auburn City Code contains standards and regulations pertaining to the
imposition of impact fees in the City of Auburn. Chapter 19.02 (School Impact Fees) addresses the
establishment, calculation, collection and amendment of school impact fees within the municipal
boundaries of the City of Auburn. The city originally established school impact fees in 1998 by Ordinance
No. 5078. Four school districts occur within the City limits.
Pursuant to Section 19.02.060 (Annual Council Review) of the Auburn City Code, on at least an annual
basis, the Auburn City Council shall review the information submitted by the Districts pursuant to ACC
19.02.050. The review shall be in conjunction with any update of the capital facilities plan element of the
city's comprehensive plan. The City Council may also at this time determine if an adjustment to the
amount of the impact fees is necessary.
The City of Auburn annual Comprehensive Plan Amendment process for 2013 included requests for City
approval of the Capital Facilities Plans of the four districts as follows:
* 2013 - 2019 Auburn School District Capital Facilities Plan;
* 2014-2019 Dieringer School District Capital Facilities Plan;
* 2014 Federal Way School District Capital Facilities Plan; and
* 2013-2014 through 2018-2019 Kent School District Capital Facilities Plan.
These requests were submitted in accordance with the provisions of Section 19.02.050 (Submission of
District Capital Facilities Plan and Data) of the Auburn City Code.
The School Districts’ Capital Facilities Plans are contained in the working notebooks (three ring binders)
for the 2013 Annual Comprehensive Plan Amendments, previously distributed to the City Council.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Backus Staff: Tate
Meeting Date: December 9, 2013 Item Number:
ACT.B Page 19 of 34
Agenda Subject: Ordinance No. 6488
Date: December 4, 2013
Page 2 of 3
Definition
The city’s code section 19.02 contains the city’s regulations governing school impact fees. It provides the
following definition:
"Impact fee" means a payment of money imposed upon development as a condition of development
approval to pay for school facilities needed to serve new growth and development that is reasonably
related to the new development that creates additional demand and need for public facilities, that is a
proportionate share of the cost of the school facilities, and that is used for such facilities that
reasonably benefit the new development.
Related Authority
Other key points of the city’s regulations include:
v The impact fee shall be based on a capital facilities plan adopted by the district and
incorporated by reference by the city as part of the capital facilities element of the city's
comprehensive plan (Chapter 5), adopted pursuant to Chapter 36.70A RCW, for the purpose of
establishing the fee program.
v Separate fees shall be calculated for single-family and multifamily types of dwelling units, and
separate student generation rates must be determined by the district for each type of dwelling
unit.
v The fee shall be calculated on a district-wide basis using the appropriate factors and data
supplied by the district. The fee calculations shall also be made on a district-wide basis to assure
maximum utilization of all available school facilities in the district which meet district standards.
v As a condition of the city's authorization and adoption of a school impact fee ordinance, the city
and the applicable district shall enter into an interlocal agreement governing the operation of the
school impact fee program, and describing the relationship and liabilities of the parties. The
agreement must provide that the district shall hold the city harmless for all damages.
v On an annual basis (by July 1st or on a date agreed to by district and the city and stipulated in
the interlocal agreement), any district for which the city is collecting impact fees shall submit the
Capital facilities plan and supporting information to the city.
v Applicants for single-family and multifamily residential building permits shall pay the total
amount of the impact fees assessed before the building permit is issued, using the impact fee
schedules in effect, unless the fee has been deferred pursuant to City Ordinance No. 6341.
v The impact fee calculation shall be based upon the formula set forth in ACC 19.02.110, “Impact
fee formula”. The formula is the city's determination of the appropriate proportionate share of the
costs of public school capital facilities needed to serve new growth and development to be funded
by school impact fees based on the factors defined in ACC 19.02.020. Based on this formula, the
“Fee Obligation” is the “Total Unfunded Need” x 50% = Fee Calculation.
The Capital Facilities Plans approved by the school boards contain proposed school impact fees for each
of the Districts. The requests for adjustment of the school impact fees are required to be submitted
concurrent with the submittal of the Capital Facilities Plans prior to July 1 of each year. All the requests
for fee adjustments were received prior to the July 1st deadline.
ACT.B Page 20 of 34
Agenda Subject: Ordinance No. 6488
Date: December 4, 2013
Page 3 of 3
Council Review and Decision
The setting of the actual fees occurs through separate Council action amending Chapter 19.02 of the
Auburn City Code. Section 19.02.060, “Annual Council Review” specifies the following:
On at least an annual basis, the city council shall review the information submitted by the district
pursuant to ACC 19.02.050. The review shall be in conjunction with any update of the capital
facilities plan element of the city's comprehensive plan. The city council may also at this time
determine if an adjustment to the amount of the impact fees is necessary; provided, that any
school impact fee adjustment that would increase the school impact fee shall require the
submittal of a written request for the adjustment by the applicable school district concurrent with
the submittal of the annual capital facilities plan pursuant to ACC 19.02.050. In making its
decision to adjust impact fees, the city council will take into consideration the quality and
completeness of the information provided in the applicable school district capital facilities plan
and may decide to enact a fee less than the amount supported by the capital facilities plan.
Section 19.02.060 establishes that the Auburn City Council is not obligated to accept the fees proposed
by the School Districts within their submitted Capital Facilities Plans and may establish fees that the
Council determines are more appropriate and consistent with the public’s interest in reasonably mitigating
school impacts within the affected portion of the City.
Recommendation
The Dieringer School District submitted a proposed fee calculation of $5,299.00 for single family
residential and $1,766.00 for multiple family residential based on their Capital Facilities Plan. Related to
this, the Pierce County Council by Ordinance No. 2013-78, adopted November 12, 2013 and effective
January 1, 2014, established a school impact fee for the Dieringer School District of $3,215.00 for single
family residential and $1,695.00 for multiple family residential. (The Dieringer School District is the only
school district common to both the jurisdictions of the City of Auburn and Pierce County). To be
consistent, it is appropriate to establish a fee applicable to Auburn for the Dieringer School district that is
the same as Pierce County’s fee since it is more appropriate and consistent with the public’s interest in
reasonably mitigating school impacts within the affected portion of the City. The draft Ordinance No.
6488 has been prepared to reflect school impact fees that are the same as Pierce County’s school impact
fee and differ from what the District has requested.
Committee Actions
A discussion of the school impact fee changes was held at the Planning and Community Development
Committee’s (PCDC) regular meeting on November 25, 2013 and at the Finance Committee regular
meeting on December 2, 2013. The PCDC is scheduled to discuss and forward a recommendation on
Ordinance No. 6488 at the regular meeting on December 9, 2103 and to be considered by the full city
council on December 16, 2013.
ACT.B Page 21 of 34
- - - - - - - - - - - - - - - - - -
Ordinance No. 6488
November 20, 2013
Page 1 of 7
ORDINANCE NO. 6 4 8 8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON AMENDING SECTIONS
19.02.115, 19.02.120, 19.02.130 AND 19.02.140 OF THE
AUBURN CITY CODE RELATING TO SCHOOL IMPACTS
FEES
WHEREAS, the City of Auburn has adopted a school impact fee ordinance and
collects school impact fees on behalf of certain school districts located or located in part
within the City of Auburn; and
WHEREAS, the Auburn School District, Dieringer School District, Federal Way
School District, and the Kent School District, each being located in part within the City of
Auburn, have provided the City of Auburn with updated capital facilities plans to be
considered during the City’s 2013 annual comprehensive plan amendment process that
addresses among other things, the appropriate school impact fee for single family
residential dwellings and multi- family residential dwellings for each district; and
WHEREAS, the Auburn School District issued a Determination of Non-
Significance for the 2013 - 2019 Auburn School District Capital Facilities Plan May 7,
2013; the Dieringer School District issued a Determination of Non- Significance for the
2014-2019 Dieringer School District Capital Facilities Plan July 15, 2013; the Federal
Way School District issued a Determination of Non-Significance for the 2014 Federal
Way School District Capital Facilities Plan April 26, 2013; and the Kent School District
issued a Determination of Non-Significance for the 2013-2014 through 2018-2019 Kent
School District Capital Facilities Plan June 13, 2013; and
ACT.B Page 22 of 34
- - - - - - - - - - - - - - - - - -
Ordinance No. 6488
November 20, 2013
Page 2 of 7
WHEREAS the City of Auburn issued a Determination of Non-Significance (DNS)
on September 17, 2013 for the City of Auburn Year 2013 city-initiated comprehensive
plan map and text amendments (File No. SEP13-0028) that incorporated by reference
the previous threshold determinations by the Auburn School, Dieringer School District,
Federal Way School District and the Kent School District, and
WHEREAS, after proper notice published in the City’s official newspaper at least
ten (10) days prior to the date of hearing, the Auburn Planning Commission on October
22, 2013 conducted public hearings on the proposed Auburn School District 2013-2019
Capital Facilities Plan, the proposed Dieringer School District 2014 - 2019 Capital
Facilities Plan; the proposed Federal Way School District 2014 Capital Facilities Plan;
and for the proposed Kent School District 2013-2014 through 2018-2019 Capital
Facilities Plan; and
WHEREAS, following the conclusion of the public hearing on October 22, 2013,
and subsequent deliberations, the Auburn Planning Commission, following individual
positive motions, made separate recommendations to the Auburn City Council on the
approval of the Auburn School District 2013-2019 Capital Facilities Plan, the Dieringer
School District 2014 - 2019 Capital Facilities Plan; the Federal Way School District 2014
Capital Facilities Plan; and for the Kent School District 2013-2014 through 2018-2019
Capital Facilities Plan; and
WHEREAS, the Auburn City Council considered the recommendations of the
Auburn Planning Commission at a regularly scheduled meeting on December 2, 2013,
and a positive motion approved the Auburn School District 2013-2019 Capital Facilities
ACT.B Page 23 of 34
- - - - - - - - - - - - - - - - - -
Ordinance No. 6488
November 20, 2013
Page 3 of 7
Plan, the Dieringer School District 2014 - 2019 Capital Facilities Plan; the Federal Way
School District 2014 Capital Facilities Plan; and for the Kent School District 2013-2014
through 2018-2019 Capital Facilities; and
WHEREAS, on November 18, 2013 the Public Works Committee of the Auburn
City Council at a regularly scheduled meeting reviewed the Planning Commission’s
recommendations; and
WHEREAS, on November 25, 2013 the Planning and Community Development
Committee of the Auburn City Council at a regularly scheduled meeting recommended
to the Auburn City Council the approval of amendments to Title 19 (Impact Fees) and
more specifically, Chapter 19.02 (School Impact Fees) pertaining to school impact fees
for single family residential dwelling units and multi-family dwelling units to be applied in
the City of Auburn for the Auburn School District; Dieringer School District, Federal Way
School District, and the Kent School District; respectively, based on the aforementioned
capital facilities plans for each of these districts; and
WHEREAS, the Auburn City Code provides for adjustments to school impacts
fees based on a review of the capital facilities plans for the districts; and
WHEREAS, Section 19.02.060 (Annual Council Review) of the Auburn City Code
specifies that the Auburn City Council will in making its decision to adjust impact fees
take into consideration the quality and completeness of the information provided in the
applicable school district capital facilities plan and may decide to enact a fee less than
the amount supported by the capital facilities plan; and
ACT.B Page 24 of 34
- - - - - - - - - - - - - - - - - -
Ordinance No. 6488
November 20, 2013
Page 4 of 7
WHEREAS, on December 2, 2013, the Auburn City Council considered the
recommendation of the Planning and Community Development Committee of the City
Council at a regularly scheduled meeting on November 25, 2013.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Amendment to the City Code. Section 19.02.115 of the Auburn City
Code is hereby amended to read as follows.
19.02.115 Impact fee calculation and schedule for the Dieringer School
District.
The impact fee calculation and schedule below is based upon a review of
the impact fee calculation for single-family residences and for multifamily
residences set forth in the most recent version of the Dieringer School
District Capital Facilities Plan adopted by the Auburn city council as an
element of the Auburn comprehensive plan. The calculation is the
determination of the appropriate proportionate share of the costs of public
school capital facilities needed to serve new growth and development to
be funded by school impact fees based on the factors defined in ACC
19.02.020.
Effective January 1, 20132014, or the effective date of this ordinance
whichever is later, the school impact fee shall be as follows:
Per Single-Family Dwelling Unit $3,005.00$3,215.00
Per Multifamily Dwelling Unit $0.00$1,695.00
(Ord. 6445 § 1, 2013; Ord. 6393 § 1, 2011; Ord. 6341 § 2, 2011; Ord.
6340 § 1, 2010; Ord. 6279 § 1, 2009; Ord. 6214 § 1, 2008; Ord. 6134 § 1,
2007; Ord. 6060 § 1, 2006; Ord. 5950 § 2, 2005.)
Section 2. Amendment to the City Code. Section 19.02.120 of the Auburn City
Code is hereby amended to read as follows.
ACT.B Page 25 of 34
- - - - - - - - - - - - - - - - - -
Ordinance No. 6488
November 20, 2013
Page 5 of 7
19.02.120 Impact fee calculation and schedule for the Auburn School
District.
The impact fee calculation and schedule is based upon a review of the
impact fee calculation for single-family residences and for multifamily
residences set forth in the most recent version of the Auburn School
District’s Capital Facilities Plan adopted by the Auburn city council as an
element of the Auburn comprehensive plan. The calculation is the
determination of the appropriate proportionate share of the costs of public
school capital facilities needed to serve new growth and development to
be funded by school impact fees based on the factors defined in ACC
19.02.020.
Effective January 1, 20132014, or the effective date of this ordinance
whichever is later, the school impact fee shall be as follows:
Per Single-Family Dwelling Unit $5,511.69$5,398.93
Per Multifamily Dwelling Unit $3,380.26$3,387.84
(Ord. 6445 § 2, 2013; Ord. 6393 § 2, 2011; Ord. 6341 § 2, 2011; Ord.
6340 § 2, 2010; Ord. 6279 § 2, 2009; Ord. 6214 § 2, 2008; Ord. 6134 § 2,
2007; Ord. 6060 § 2, 2006; Ord. 5950 § 1, 2005; Ord. 5793 § 1, 2003;
Ord. 5232 § 1, 1999.)
Section 3. Amendment to the City Code. Section 19.02.130 of the Auburn City
Code is hereby amended as follows.
19.02.130 Impact fee calculation and schedule for the Kent School
District.
The impact fee calculation and schedule is based upon a review of the
impact fee and calculation for single-family residences and for multifamily
residences set forth in the most recent version of the Kent School District’s
Capital Facilities Plan adopted by the Auburn city council as an element of
the Auburn comprehensive plan. The calculation is the determination of
the appropriate proportionate share of the costs of public school capital
facilities needed to serve new growth and development to be funded by
school impact fees based on the factors defined in ACC 19.02.020.
Effective January 1, 20132014, or the effective date of this ordinance
whichever is later, the school impact fee shall be as follows:
ACT.B Page 26 of 34
- - - - - - - - - - - - - - - - - -
Ordinance No. 6488
November 20, 2013
Page 6 of 7
Per Single-Family Dwelling Unit $5,486.00
Per Multifamily Dwelling Unit $3,378.00
(Ord. 6445 § 3, 2013; Ord. 6393 § 3, 2011; Ord. 6341 § 2, 2011; Ord.
6340 § 3, 2010; Ord. 6279 § 3, 2009; Ord. 6214 § 3, 2008; Ord. 6134 § 3,
2007; Ord. 6060 § 3, 2006; Ord. 5950 § 1, 2005; Ord. 5233 § 1, 1999.)
Section 4. Amendment to the City Code. Section 19.02.140 of the Auburn City
Code is hereby amended to read as follows.
19.02.140 Impact fee calculation and schedule for the Federal Way
School District.
The impact fee calculation and schedule is based upon a review of the
impact fee and calculation for single-family residences and for multifamily
residences set forth in the most recent version of the Federal Way School
District’s Capital Facilities Plan adopted by the Auburn city council as an
element of the Auburn comprehensive plan. The calculation is the
determination of the appropriate proportionate share of the costs of public
school capital facilities needed to serve new growth and development to
be funded by school impact fees based on the factors defined in ACC
19.02.020.
Effective January 1, 20132014, or the effective date of this ordinance
whichever is later, the school impact fee shall be as follows:
Per Single-Family Dwelling Unit $4,014.00$5,363.00
Per Multifamily Dwelling Unit $1,381.00$1,924.00
(Ord. 6445 § 4, 2013; Ord. 6393 § 4, 2011; Ord. 6341 § 2, 2011; Ord.
6340 § 4, 2010; Ord. 6279 § 4, 2009; Ord. 6214 § 4, 2008; Ord. 6134 § 4,
2007; Ord. 6060 § 4, 2006; Ord. 6042 § 1, 2006.)
Section 5. Constitutionality and Invalidity. If any section, subsection sentence,
clause, phrase or portion of this Ordinance, is for any reason held invalid or
unconstitutional by any Court of competent jurisdiction such portion shall be deemed a
ACT.B Page 27 of 34
- - - - - - - - - - - - - - - - - -
Ordinance No. 6488
November 20, 2013
Page 7 of 7
separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions thereof.
Section 6. Implementation. The Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 7. 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: ________________________
_____________________________________
PETER B. LEWIS, MAYOR
ATTEST:
___________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
___________________________
Daniel B. Heid, City Attorney
Published: _________________
ACT.B Page 28 of 34
School Impact Fee Proposal
(Effective Year 2014)
School
District Multiple Family Single Family
Past 2013
fee, Per
ACC 19.02
CFP says: Requested
Amount
Change? Past 2013
fee, Per
ACC 19.02
CFP says: Requested
Amount
Change?
Auburn $3,380.26 $3,387.84
page 28
$3,387.84 Increase
of $7.58
$5,511.69 $5,398.93
page 28
$5,398.93 decrease
of
$112.76
Dieringe
r
$0.00 $1,766.00
Page 14
$1,766.00 Increase
of
$1,766.00
$3,005.00 $5,299.00
Page 14
$5,299.00 Increase
of
$2,294.00
Federal
Way
$1,381.00 $1,924.00
Page 26 &
28
$1,924.00
Increase
of
$543.00
$4,014.00 $5,363.00
Page 26
&28
$5,363.00 Increase
of
$1,349.00
Kent $3,378.00 $3,378.00
Page 29
$3,378.00 No
Change
$5,486.00 $5,486.00
Page 28
$5,486.00 No
Change
CFP = Capital Facilities Plan
ACC = Auburn City Code
ACT.B Page 29 of 34
AGENDA BILL APPROVAL FORM
Agenda Subject:
PCDC Matrix
Date:
December 5, 2013
Department:
Planning and Development
Attachments:
PCDC Matrix
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:Tate
Meeting Date:December 9, 2013 Item Number:DI.C
AUBURN * MORE THAN YOU IMAGINEDDI.C Page 30 of 34
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3
Page 2
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at the 3/25/13 meeting
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ual update.
·
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5
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meeting, the WSDOT
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d to be complete in June,
20
1
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g an Amtrak stop in
Au
b
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n
.
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the remaining 6 pedestrian
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1
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and recommended
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ion of three kiosks.
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7
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itional property acquisitions in
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v
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R
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Pr
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2
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–
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m
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addressing SRFB
co
m
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p
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;
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p
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ect – Staff has sent a
le
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T
erminate to the Corps of
En
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.
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Fl
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d
p
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–
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c
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C
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gram requirements and
de
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p
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p
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C
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t
y
’
s
f
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t
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a
p
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roach to CRS participation.
PA
R
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,
A
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&
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A
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N
10
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3
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De
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r
9
,
2
0
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3
Page 3
To
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c
/
I
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u
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Ne
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P
C
D
St
a
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11
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to be scheduled.
12
H
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13
Un
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.
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&
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14
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9
F
a
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On
1
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6
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t
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a
p
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a
tion updating PCDC of
th
e
i
r
2
0
1
2
p
l
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n
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a
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d
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.
O
n
1
2
/
9
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1
3
t
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e
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r
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s Commission will update
PC
D
C
w
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t
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t
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e
2
0
1
3
p
l
a
n
s
a
n
d
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v
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t
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s
.
15
H
u
m
a
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v
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s
C
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a
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7
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p
r
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d
a
p
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s
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n
d
a
ctivities update before
PC
D
C
o
n
9
/
2
4
/
1
2
.
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h
e
H
u
m
a
n
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e
r
v
i
c
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C
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m
i
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e
i
s
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c
heduled to present a
20
1
3
u
p
d
a
t
e
o
n
1
/
2
7
/
1
4
.
16
H
e
a
r
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x
a
m
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a
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2
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briefing on 11/12/13.
Th
e
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x
t
b
r
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f
i
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g
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s
c
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d
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d
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f
2
0
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.
17
P
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s
&
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2
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1
3
w
i
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C
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;
t
h
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x
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update will take place
7/
2
0
1
4
.
18
P
l
a
n
n
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C
o
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C
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s with Planning
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2/2014.
19
T
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a
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p
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w
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CD
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.
20
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21
Ma
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4
De
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r
9
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2
0
1
3
Page 4
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i
c
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s
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On 11/22/13 staff attended a
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lity plan was reviewed at
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with the Comprehensive
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22
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sive plan update
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of the 2014-2019 CFP
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r review by the Public
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r action on 11/25/13 as
pa
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ts. City Council
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Plan Amendments at
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2
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