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HomeMy WebLinkAbout01-10-2022 City Council Study SessionCity Council Study Session P W C D S FA J anuary 10, 2022 - 5:30 P M City Hall Council Chambers and Virtual A GE NDA Watch the meeting L I V E ! Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I .C A L L TO O R D E R I I .P UB L I C PA RT I C I PAT I O N A .P ublic P articipation The A uburn City Council Meeting scheduled for Monday, J anuary 10, 2022 at 5:30 p.m. will be held in person and virtually. Virtual Participation L ink: To attend the meeting virtually please click one of the below links, enter the meeting I D into the Zoom app, or call into the meeting at the phone number listed below. T he link to the Virtual Meeting is: Zoom: https://us06web.zoom.us/j/87290031712 The public can also view the meeting on YouTube: https://www.youtube.com/user/watchauburn/live/?nomobile=1 To join the meeting by phone, please use the below call-in information: 253 215 8782 877 853 5257 (Toll Free) Webinar I D: 872 9003 1712 B .Roll Call I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N A .A R PA F unds Review and Modification (T homas)(20 Minutes) I V.P UB L I C W O R K S A ND C O MMUNI T Y D E V E L O P ME NT D I S C US S I O N I T E MS A .Ordinance No. 6844 (Gaub)(10 Minutes) A n Ordinance amending S ections 13.14.010, 13.14.020, 13.14.030, 13.14.050 and 13.14.060, and repealing Auburn City Code (A C C) 13.14.040 regarding managing the City’s water supply Page 1 of 80 B .Ordinance No. 6846 (Gaub)(5 Minutes) A n Ordinance amending Auburn City Code (A C C) Sections 12.04.010, 13.48.225, and 13.48.230 regarding the City’s S urface Water Management Manual C.Ordinance No. 6847 (Gaub)(10 Minutes) A n Ordinance relating to restrictions and limitations of P ublic Right-of-Way use and revising Chapter 10.28 of the Auburn City Code (A C C) D.E nd of Year Capital Projects Status Report (Gaub)(15 Minutes) E .Overview of the Bridges (Tate)(15 Minutes) Overview of the Bridges community: an island of Kent within the City of Auburn V.O T HE R D I S C US S I O N I T E MS V I .NE W B US I NE S S V I I .A D J O UR NME NT 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. Page 2 of 80 AGENDA BILL APPROVAL FORM Agenda Subject: ARPA Funds Review and Modification (Thomas)(20 Minutes) Date: January 4, 2022 Department: Finance Attachments: No Attachments Av ailable Budget Impact: Administrativ e Recommendation: For discussion only. Background for Motion: Background Summary: The City of Auburn was awarded $14,751,230 in American Rescue Plan Act (ARPA) funding. Council accepted the funds though Resolution No. 5608 on August 2, 2021. Council later adopted Ordinance No. 6832 which allocated ARPA funds across five of seven allowable categories. Further, Ordinance No. 6832 stipulates quarterly updates to Council regarding the status of ARPA funded projects. Through December 31, 2021, the Council has appropriated $6,792,500 in ARPA funds for 12 projects via the budget process. Leaving the following funding committed but unbudgeted across the following categories: Through December 31, 2021, $951,938 has been spent on two of the 12 projects approved by council. Rev iewed by Council Committees: Page 3 of 80 Councilmember:Baggett Staff:Thomas Meeting Date:January 10, 2022 Item Number: Page 4 of 80 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6844 (Gaub)(10 Minutes) Date: December 10, 2021 Department: Public Works Attachments: Ordinance No. 6844 Exhibit A Pres entation Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background for Motion: Background Summary: This ordinance streamlines the City’s ability to respond to a water emergency by simplifying procedural requirements in Auburn City Code (ACC) Chapter 13.14. The City’s water supply is divided into two separate water systems: one currently serving 12 residential customers in the Hidden Valley/Braunwood neighborhood (HVB), and one serving the remainder of the City. The HVB system is served by a single well with a State-issued water right that limits the total amount of water that the well can produce each year. In 2021, the City’s Public Works Department observed excessive irrigation water use in HVB that nearly tripled HVB’s overall average water use. Coupled with drought conditions, this high water use put HVB in danger of entirely running out of water. Accordingly, in August and September, 2021, the Mayor proclaimed a water emergency for HVB pursuant to ACC 13.14, which the City Council subsequently ratified. Implementing ACC 13.14 to respond to the HVB emergency revealed procedural requirements involving city staff, administration and the City Council that were outdated and not streamlined to the City's current organizational structure. Through its adopted Water Shortage Contingency Plan (Plan), the City’s Public Works Department is able to determine the measures and procedures needed to adequately respond to a current or anticipated water shortage or emergency. Ordinance 6844 amends several sections in ACC 13.14 to align with the Plan and delegates the response to an effective water emergency response to the Public Works Department in accordance with the Plan. Ordinance 6844 also repeals ACC 13.14.040 Enforcement and combines enforcement powers with the penalties described in ACC 13.14.060. Rev iewed by Council Committees: Page 5 of 80 Councilmember:Stearns Staff:Gaub Meeting Date:January 10, 2022 Item Number: Page 6 of 80 -------------------------------- Ordinance No. 6844 December 10, 2021 Page 1 of 3 Rev. 2019 ORDINANCE NO. 6844 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 13.14.010, 13.14.020, 13.14.030, 13.14.050 AND 13.14.060, AND REPEALING ACC 13.14.040 REGARDING MANAGING THE CITY’S WATER SUPPLY WHEREAS, RCW 35.21.210 and RCW 35.92.010 empower the City to establish, maintain, control, regulate and manage its water supply for the purpose of furnishing water to the City and its inhabitants; WHEREAS, the City’s water supply is divided into two separate water systems: one currently serving 12 residential customers in the Hidden Valley/Braunwood neighborhood (HVB) from a single well with a limited water right, and one serving the remainder of the City; WHEREAS, periodic drought conditions, excessive customer water use and other causes can threaten the City’s ability to ensure an adequate water supply, particularly in the HVB water system given its limited size, single source of supply, and separation from the rest of the City’s water supply; WHEREAS, in monitoring water usage in HVB, the City’s Public Works Department observed excessive irrigation water use in HVB that nearly tripled HVB’s overall average water use. Coupled with drought conditions, this high water use put HVB in danger of entirely running out of water since the total amount of water that can be produced annually is limited by the well’s water right. Accordingly, in August and September, 2021, the Mayor proclaimed a water emergency for HVB pursuant to ACC 13.14; Page 7 of 80 -------------------------------- Ordinance No. 6844 December 10, 2021 Page 2 of 3 Rev. 2019 WHEREAS, implementing ACC 13.14 to respond to the HVB emergency revealed that ACC 13.14 contains procedural requirements that were out of date and were not optimized for the City's current organizational structure; WHEREAS, through prior enactment and Council adoption of a Water Shortage Contingency Plan, the City’s Public Works Department is able to determine the measures and procedures needed to adequately respond to a current or anticipated water shortage or emergency; WHEREAS, the City finds that ACC 13.14 should be amended to remove repetitive procedural barriers to an effective water emergency response and to streamline the City’s ability to efficiently take needed steps to ensure an adequate water supply, which are in the City’s best interests and consistent with the City’s purpose of furnishing an ample water supply to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendments to Chapter 13.14 of the Auburn City Code. Sections 13.14.010, 13.14.020, 13.14.030, 13.14.050 and 13.14.060 of the Auburn City Code shall be amended as set forth in Exhibit A to this Ordinance; Section 2. Repeal of City code section. As language from ACC 13.14.040 has been moved and incorporated into ACC 13.14.060 as amended by this Ordinance, Section 13.14.040 of the Auburn City Code is repealed. Section 3. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Page 8 of 80 -------------------------------- Ordinance No. 6844 December 10, 2021 Page 3 of 3 Rev. 2019 Section 4. 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 of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 5. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Published: ____________________ Page 9 of 80 EXHIBIT A ACC 13.14.010 Purpose. It is in the public interest to conserve promote the conservation of the city’s water supply in order to protect the health, welfare, and safety of water users. To accomplish this declared purpose, the city exercises reserves the right to exercise its police powers and its State law authority by enacting through emergency measures as set forth in this chapter. ACC 13.14.020 Authority of Mayor in responding to water shortage or emergency. TThe mayor may order water use restrictions and conservation measures , when necessary to protect for the protection of the public health, safety, and welfare during a water shortage or emergency caused by drought conditions, city water utility damage or destruction, or any other cause threatening to disrupt or diminish the City’s water supply below its ability to meet normal water demands. , shall have the authority to declare various stages of water emergencies and to implement the water conservation measures set forth in this chapter. The mayor shall also have authority to determine whether the various stages of water emergencies and water conservation measures apply to the entire city utility service area or to such portions as may be particularly affected. ACC 13.14.030 Policies and procedures in responding to water shortage or emergency. The City shall use the following policies and procedures when responding to a water shortage or emergencyshall apply during the various stages of water emergencies as set forth in this section: A. Mayor’s proclamation of water shortage or emergency. The Mayor may proclaim a water shortage or emergency in response to a current or threatened water supply disruption or diminution as described by ACC 13.14.020. 1. The Mayor’s proclamation shall: a. direct the Department of Public Works to implement water use restrictions and/or conservation measures necessary to address the proclaimed shortage or emergency; and b. if they can reasonably be determined, identify the geographic area of the proclaimed water shortage or emergency, and specify the duration of any corresponding water use restrictions or conservation measures. Page 10 of 80 2. Any such proclamation by the Mayor shall at the earliest practicable time be presented to the city council for ratification and confirmation, modification, or rejection and, if rejected, shall thereafter be void. B. Public Works Department response. Subject to subsection A.2, upon the Mayor’s issuance of a water shortage or emergency proclamation, the City’s Public Works Department shall implement appropriate water use restrictions and/or conservation measures from the City’s Water Shortage Contingency Plan as currently adopted and as amended in the future by the Public Works director. Before implementation of water use restrictions or conservation measures, the Department shall make reasonable attempts to notify any water customers affected by these actions proclamation and their implementation. Stage I – Anticipated Water Shortage – Internal Preparations. The mayor may declare a Stage I water emergency when a water shortage is anticipated but not immediate. The public works department shall conduct public education efforts regarding the benefits and necessity of conservation by the public. B. Stage II – Serious Water Shortage – Voluntary Conservation. The mayor may declare a Stage II water emergency when a water shortage exists such that immediate voluntary reductions in consumption are necessary. The public works department shall conduct an intensified public information campaign and shall coordinate the campaign to encourage voluntary water conservation through news releases and other methods of providing information about conservation methods. C. City not liable. As a result of and/or during a proclaimed water shortage or emergency, the City shall not be responsible or liable for any damage resulting from any interruptions in the water supply. Stage III – Critical Water Shortage – Limited Outdoor Restrictions. The mayor may declare a Stage III water emergency when a water shortage exists such that water supplies are critically impacted and water demand must be reduced. The mayor is authorized to establish certain specified days or hours for irrigating, sprinkling or watering lawns and gardens, and may prohibit or regulate other nonessential uses of water within the water system during such times as there is an actual or impending water shortage, extreme pressure loss in the distribution system, or for any other reasonable cause. The following nonessential uses of water may be prohibited on all properties connected to the city’s water system, whether inside or outside of the city: 1. Washing sidewalks, walkways, driveways, parking lots, patios, and other exterior paved areas by direct hosing, except as may be necessary to prevent or eliminate materials dangerous to the public health and safety. 2. Escape of water through breaks or leaks within the customer’s plumbing or private distribution system for any period of time beyond which such break or leak should reasonably have been discovered and corrected. It shall be presumed that a period of 48 hours after the customer discovers a leak or break, or receives notice from the city of Page 11 of 80 such leak or break, whichever occurs first, is a reasonable time in which to correct the same. 3. Noncommercial washing of privately owned motor vehicles, trailers, and boats, except from a bucket or hose using a shutoff nozzle for quick rinses. 4. Lawn sprinkling and irrigation which allows water to run off or overspray the lawn area. Every customer is deemed to have knowledge of and control over their lawn sprinkling and irrigation at all times. 5. Sprinkling and irrigation of lawns, ground cover, or other plants, between the hours of 9:00 a.m. and 6:00 p.m. or on any day not authorized by the established rotation schedule. 6. Such other uses as the mayor deems appropriate. D. Stage IV – Emergency Water Shortage – Mandatory Outdoor Restrictions and Indoor Conservation. The mayor may declare a Stage IV water emergency when a water shortage exists such that maximum flow reduction is immediately required, water available to the city is insufficient to permit any irrigation, watering, or sprinkling, and all available water is needed solely for human consumption, sanitation, and fire protection. The mayor may prohibit all nonessential uses of water, including but not limited to all vehicle washing, all lawn watering, and all of the uses that may be prohibited for a Stage III water emergency. The public works and utilities department shall disseminate information using every available means to encourage customers to reduce indoor water usage to the maximum extent possible. E. Stage V – Regional Disaster – Water Rationing. The mayor may declare a Stage V regional disaster water emergency when a water shortage exists such that water rationing must be implemented and emergency water distribution may be necessary for customers without water. The mayor is authorized to restrict water use by rationing the amount of water used by residential users to a certain number of gallons per day per person residing within the dwelling unit, by rationing the amount of water used by nonresidential users based on a percentage of their historical usage as calculated by the city, and by any other type of rationing as the mayor deems necessary and appropriate in the circumstances. F. Implementation Requirements. Prior to the implementation and enforcement of any of the above stages, the mayor shall take reasonable efforts to have information disseminated to affected customers regarding the rationing plan, which shall include, at a minimum, publication in the official newspaper of the city at least once, not less than one week in advance of the effective date of the declaration, information of the declaration of the applicable stage, a description of the limitations and restrictions that would apply, and identification of the effective date of the declared stage and limitations and restrictions. Notwithstanding the publication requirements set forth herein above, if it is determined by the mayor that exigent circumstances exist that necessitate immediate implementation and enforcement of any particular stages of water Page 12 of 80 emergency, notice to affected customers may be provided by personal service of the notice on said customers, or by posting notices at the customers’ residences (if the customers’ residences are the affected sites), or by posting notices at the locations where the customers’ utility services are received (if the affected sites are not their residences). G. Term of Stage and Scope. The mayor is also authorized to determine the geographic area to which the declared stage shall apply, and to determine the duration for which the declared stage and its limitations and restrictions shall be in effect. 13.14.040 Enforcement. The public works director or designee, code enforcement officers of the building division of the planning department or of the fire department, or police officers of the city shall have the authority to enforce the provisions of this chapter. ACC 13.14.050 Variances. A. Authority to grant variances. Unless otherwise ordered by the Mayor, Tt he public works director may grant temporary written variances for the prospective use of water otherwise prohibited by this chapter. Such temporary variances shall be in writing and shall be based on the dDirector’s a determination by the director that , due to unusual circumstances exist and that applying , application of this chapter would cause an extraordinary hardship that adversely affectsing the applicant’s or public’s health, sanitation, or fire protection of the applicant or the public. B. Appeal. The director’s determination shall be final unless appealed as follows: a A party adversely affected by the ddirector’s decision determination may appeal the determination to the mayor or designee within 24 hours of the decision, excluding Saturdays, Sundays and legal holidays. director’s determination or such later time as the mayor may designate. The appeal decision of the mayor or designee’s determination shall be final and non-appealable. Said 24-hour periods shall exclude Saturdays, Sundays, and legal holidays. ACC 13.14.060 Enforcement authority and Ppenalties for violation. The provisions of this chapter may be enforced by the Public Works director or designee, code enforcement officers, or police officers. Violations of this chapter shall be punishable as follows: A. The first violation of any provision of this chapter shall be a civil infraction as proscribed by Chapter 1.25 ACC, and as proscribed by RCW 7.80.120(1)(a), as now enacted or hereafter amended. Infractions shall be processed pursuant to the authority and provisions set forth in Chapter 7.80 RCW, as now enacted or hereafter amended, Page 13 of 80 Chapter 1.25 ACC, as now enacted or hereafter amended, and the Infraction Rules for Courts of Limited Jurisdiction. B. For any second or subsequent violation of any provision of this chapter the violator may be charged as a misdemeanor punishable by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or a fine in an amount fixed by the court of not more than $1,000, or both such imprisonment and fine. Page 14 of 80 A U B U R N V A L U E S S E R V I C E E N V I R O N M E N T E C O N O M Y C H A R A C T E R S U S T A I N A B I L I T Y W E L L N E S S C E L E B R A T I O N ENGINEERING SERVICES ORDINANCE NO. 6844 CHANGES TO ACC 13.14 WATER EMERGENCY RESPONSE LISA TOBIN UTILITIES ENGINEERING MANAGER CITY COUNCIL STUDY SESSION JANUARY 10, 2022 Public Works Department Engineering Services Airport Services Maintenance & Operations Services 1 Page 15 of 80 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Revise Auburn City Code (ACC) 13.14 to: Align with City’s adopted Water Shortage Contingenc y Plan Improve efficiency and simplify procedural requirem ents Authorize Mayor to delegate response to Public Work s Department Provide for more rapid enforcement of water use vio lations STREAMLINE WATER EMERGENCY RESPONSE PROCESS SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION 2 Page 16 of 80 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION January 18, 2022 – consider adoption of Ordinance No . 6844 NEXT STEPS SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION 3 Page 17 of 80 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6846 (Gaub)(5 Minutes) Date: December 10, 2021 Department: Public Works Attachments: Ordinance No. 6846 Exhibit A Exhibit B Pres entation Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background for Motion: Background Summary: This ordinance corrects some references in City code to the Washington Department of Ecology’s (Ecology) Stormwater Management Manual for Western Washington (SWMMWW). The City’s storm drainage utility operates under a National Pollutant Discharge Elimination System (NPDES) Western Washington Phase II Municipal Stormwater Permit from the Washington Department of Ecology. In 2017, the City adopted Ecology’s 2014 SWMMWW as the basis for stormwater management and protection measures, together with supplemental requirements specific to the city, into the City of Auburn Surface Water Management Manual (SWMM), as defined in ACC 12.04.010.B.2. In 2019, Ecology extensively modified and reorganized the SWMMWW, leaving certain sections of the city code with some incorrect references to the SWMMWW. The city desires to make references to the SWMMWW more general so that future updates of the SWMMWW will not cause confusion or require code changes. Ordinance 6846 eliminates the publication date of the SWMMWW from ACC 12.04.010.B.2, allowing the Storm Utility to reference the most recent version of the SWMMWW as part of its annual update of the SWMM. Ordinance 6846 also deletes from the city code specific section references to the SWMMWW in ACC 13.48.225 and ACC 13.48.230. Rev iewed by Council Committees: Councilmember:Stearns Staff:Gaub Meeting Date:January 10, 2022 Item Number: Page 18 of 80 Page 19 of 80 -------------------------------- Ordinance No. 6846 December 10, 2021 Page 1 of 3 Rev. 2019 ORDINANCE NO. 6846 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE (ACC) SECTIONS 12.04.010, 13.48.225, AND 13.48.230 REGARDING THE CITY’S SURFACE WATER MANAGEMENT MANUAL WHEREAS, RCW 35.67.020 empowers the city to maintain, conduct and operate a storm drainage utility to protect the public health, safety, and general welfare ; promote sound development policies and construction procedures to preserve the city’s natural resources; and prevent the creation of public nuisances . ACC 13.48 establishes the City’s storm drainage utility; WHEREAS, the city’s storm drainage utility operates under a National Pollutant Discharge Elimination System (NPDES) Western Washington Phase II Municipal Stormwater Permit from the Washington Department of Ecology; WHEREAS, in 2017 the city adopted the Washington Department of Ecology’s Stormwater Management Manual for Western Washington (SWMMWW) as the basis for stormwater management and protection measures, together with supplemental requirements specific to the city, into the City of Auburn Surface Water Management Manual (SWMM), as defined in ACC 12.04.010.B.2; WHEREAS, in 2019 Ecology extensively modified and reorganized the SWMMWW, leaving certain sections of the city code with incorrect references, and the city desires to correct these references. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Page 20 of 80 -------------------------------- Ordinance No. 6846 December 10, 2021 Page 2 of 3 Rev. 2019 Section 1. Amendments to Chapter 12.04 of the Auburn City Code. Section 12.04.010 of the Auburn City Code shall be amended as set forth in Exhibit A to this Ordinance. Section 2. Amendments to Chapter 13.48 of the Auburn City Code. Sections 13.48.225 and 13.48.230 of the Auburn City Code shall be amended as set forth in Exhibit B to this Ordinance. Section 3. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 4. 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 of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 5. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. Page 21 of 80 -------------------------------- Ordinance No. 6846 December 10, 2021 Page 3 of 3 Rev. 2019 INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Published: ____________________ Page 22 of 80 EXHIBIT A 12.04.010 Adoption of engineering construction standards and engineering design standards. A. Adopted – Engineering Construction Standards. The engineering construction standards include the following documents and manuals which are herein referred to as the “engineering construction standards” and are adopted by reference: 1. The Standard Plans (M21-01) for Road, Bridge, and Municipal Construction prepared by the Washington State Department of Transportation, the latest publication and amendments thereto, as determined appropriate for city infrastructure by the city engineer and for conformance with adopted city engineering design standards. 2. The Standard Specifications for Road, Bridge and Municipal Construction, the latest (English) edition publication and amendments thereto as issued by the Washington State Department of Transportation as supplemented and amended through special provisions by the city engineer for specific construction applications and for conformance with adopted city engineering design standards. 3. The City of Auburn Engineering Standard Details, a manual of specific plans or drawings developed and adopted by the city of Auburn department of public works which show frequently recurring components of work that have been standardized for repetitive use, as supplemented and amended by the city engineer for specific construction applications and for conformance with adopted city engineering design standards. B. Adopted – Engineering Design Standards. The engineering design standards as approved, supplemented and amended by the city engineer for specific design applications and in consultation with the city council on policy issues or broad citywide implications shall include the following documents and manuals which are herein referred to as the “engineering design standards” and are adopted by reference: 1. A manual of specific engineering design requirements which shows frequently recurring public transportation and utility infrastructure standards. 2. The City of Auburn Surface Water Management Manual (SWMM) which is the 2014 Department of Ecology Stormwater Management Manual for Western Washington and its Supplemental Manual, for use in the city of Auburn. The SWMM is a manual of specific requirements related to storm drainage management. C. Adopted – Highway Access Management. Chapter 468-52 WAC, Highway Access Management – Access Control Classification System and Standards, and amendments Page 23 of 80 thereto, with the exception of WAC 468-52-060 and 468-52-070, is adopted by reference with the following amendments: 1. All references to the “Department” shall be changed to “city of Auburn.” 2. All references to Chapter 468-51 WAC or sections thereof shall be changed to “City of Auburn Engineering Design Standards.” Page 24 of 80 EXHIBIT B 13.48.225 Drainage standards – Review and approval. All development shall meet all applicable general and design requirements in accordance with the city of Auburn engineering design and construction standards and, for purposes of that portion of the standards set forth in the City of Auburn Surface Water Management Manual, the following provisions shall apply: A. Pursuant to the Western Washington Phase II Municipal Stormwater NPDES Permit issued by the Department of Ecology, the city has implemented a storm water management program that requires the use of City of Auburn Surface Water Management Manual, hereinafter referred to as the “SWMM.” B. The following activities that discharge to the storm drains, either directly or indirectly, are regulated through the storm water management program under this chapter: 1. Existing discharges and land uses that discharge to the storm drains, either directly or indirectly. 2. New development and redevelopment. 3. Storm water maintenance activities. C. Requirements for Existing Discharges and Land Uses. If the city engineer determines that the discharges from an existing drainage control facility cause or contribute to an illicit discharge, a threat to public health and safety, or a violation of the city’s municipal storm water NPDES permit or this chapter, the city engineer shall require the responsible party to implement and maintain operational BMPs in accordance with Volume IV of the SWMM. If the city engineer determines that the discharges causing or contributing to the problem cannot be adequately addressed by operational BMPs, the city engineer may require the responsible party to undertake more stringent or additional BMPs, which may include structural BMPs or other actions necessary to cease causing or contributing to the problem or violation. D. Minimum Requirements for New Development and Redevelopment. New development and redevelopment activities are required to obtain city permits and shall comply with the following minimum requirements, in accordance with the city’s municipal storm water NPDES permit and in accordance with the thresholds and requirements in the SWMM: 1. Preparation of a Storm Water Site Plan. All projects shall prepare a storm water site plan for review and approval by the city engineer or designee that identifies and describes how all storm water generated from a development activity will be managed on site. Stormwater site plans shall be designed in accordance with Volume I, Chapter 3 of the SWMM. Exception: Existing single- Page 25 of 80 family and duplex lots are exempt from this requirement when all of the following criteria are met: a. The lot is located within a subdivision that was approved under storm water regulations in effect between January 1, 1987, and December 31, 2016; and b. The lot can connect to an existing centralized storm water management system originally designed to collect storm water generated from the entire lot (e.g., house, driveway, patios, yard, etc.). 2. Preparation of a Construction Storm Water Pollution Prevention Plan for Erosion and Sediment Control. This plan shall be designed to comply with the requirements and purposes of the SWMM, this section, any other applicable sections of ACC Titles 15, 16, 17 and 18 and any departmental guidelines promulgated by the city engineer. The plan shall be designed, submitted and implemented to address the following: a. Mark clearing limits; b. Establish construction access routes and controls; c. Control flow rates; d. Install sediment controls; e. Stabilize soils; f. Protect slopes; g. Protect storm drain inlets; h. Stabilize channels and outlets; i. Control pollutants; j. Control dewatering; k. Maintain BMPs; l. Manage the project; and m. Protect LID BMPs. Page 26 of 80 3. Source Control of Pollutants. Source control BMPs shall be selected, designed, applied and maintained in accordance with the SWMM and any departmental guidelines promulgated by the city engineer. 4. Preservation of Natural Drainage Systems. Natural discharges from the site shall be maintained, shall occur at the natural location to the maximum extent practicable, and must not cause a significant adverse impact downstream or down gradient. 5. On-Site Storm Water Management. Where appropriate, projects shall employ on-site storm water management BMPs to infiltrate, disperse, and retain storm water runoff on site to the maximum extent feasible without causing flooding, erosion, water quality or groundwater impacts. The city requires the use of low impact development (LID) principles and BMPs using the project thresholds, standards, and requirements presented in the SWMM to meet this minimum requirement. The city shall require low impact development (LID) designed in accordance with the SWMM. 6. Runoff Treatment. All projects that meet the thresholds for runoff treatment in Volume I of the SWMM shall provide water quality treatment in accordance with the SWMM. The use of emerging technologies for storm water treatment will be considered in accordance with Volume V of the SWMM. 7. Flow Control (Detention). All projects that meet the thresholds for flow control in Volume I of the SWMM shall provide flow control in accordance with the SWMM. Additionally, all projects shall address the need to provide water quality controls according to the design criteria as determined by the city engineer. The requirement for storm water detention will also be determined by pipe capacity and storm water discharge location, as provided in the SWMM. 8. Wetlands. Discharges to wetlands shall maintain the hydrologic conditions, hydrophytic vegetation, and substrate characteristics necessary to support existing and designed functions. Documentation shall be provided that identifies the methodology and data that supports these conclusions. The methodology shall be consistent with the most current accepted Washington State Department of Ecology standards. Wetland areas are also regulated by Chapter 16.10 ACC, Critical Areas. 9. Operations and Maintenance. An operation and maintenance (O&M) manual consistent with city engineering design and construction standards shall be provided for all proposed storm water facilities, and the BMPs and party (or parties) responsible for operation and maintenance shall be identified. A copy of the O&M manual shall be retained on site or within reasonable access to the site and shall be transferred with the property to the new owner. Page 27 of 80 10. Off-Site Analysis and Mitigation. All projects shall include an analysis of off- site water quality and quantity impacts resulting from the project and shall mitigate these impacts if necessary. The analysis shall extend a minimum of one- fourth of a mile downstream from the project. The city engineer may require that the analysis shall extend further if deemed necessary. The existing or potential impacts to be evaluated and mitigated under this section shall include, but are not limited to: a. Impacts on conveyance system capacity; b. Localized flooding; c. Aquatic habitat (wetlands) impacts; d. Erosion impacts, including landslide hazards; e. Stream bank and channel erosion; and f. Impacts to known water quality or erosion problems. 11. Geographic Specific Requirements. Projects may be subject to equivalent or more stringent minimum requirements for erosion control, source control, treatment, wetlands protection, and operation and maintenance, and alternative requirements for flow control as a result of location, in accordance with Volume I of the SWMM. 13.48.230 Connections. A. Required Connections. All non-single-family residential building permits shall be subject to a mandatory connection to a public storm drainage system where the development has the potential to negatively impact public or private property or receiving waters as determined by the city or whenever an existing public system is available adjacent to the site or where the public system is required to be constructed adjacent to the property as a condition of development. B. Existing Connections. Properties that apply for a building permit to make an addition, alteration or repairs that have 2,000 square feet or more of new or new plus replaced hard surfaces or land disturbing activity of 7,000 square feet or more must comply with the applicable Minimum Requirements for Redevelopment as given in Volume I of the SWMM. All redevelopment shall be required to comply with Minimum Requirement No. 2 (Construction Storm Water Pollution Prevention). All redevelopment that exceeds these thresholds shall be required to comply with additional Minimum Requirements as given in Volume I of the SWMM. Page 28 of 80 A U B U R N V A L U E S S E R V I C E E N V I R O N M E N T E C O N O M Y C H A R A C T E R S U S T A I N A B I L I T Y W E L L N E S S C E L E B R A T I O N ENGINEERING SERVICES ORDINANCE NO. 6846 CHANGES TO ACC 12.04 AND 13.48 LISA TOBIN UTILITIES ENGINEERING MANAGER CITY COUNCIL STUDY SESSION JANUARY 10, 2022 Public Works Department Engineering Services Airport Services Maintenance & Operations Services 1 Page 29 of 80 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION Need to comply with Stormwater Utility’s National P ollutant Discharge Elimination System (NPDES) permit require ments to adopt the new 2019 Ecology manual Update references in the Auburn City Code (ACC) to Auburn’s Surface Water Management Manual (SWMM) o ACC 12.04.010.B.2 – eliminate “2014” from the refere nce to Ecology’s manual o ACC 13.48.225 and 13.48.230 – eliminate specific sec tion references in the SWMM PROPOSED CODE CHANGES SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION 2 Page 30 of 80 SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION January 18, 2022 – consider adoption of Ordinance No . 6846 NEXT STEPS SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION 3 Page 31 of 80 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6847 (Gaub)(10 Minutes) Date: January 4, 2022 Department: Public Works Attachments: Ordinance 6847 Exhibit A Map Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background for Motion: Background Summary: Ordinance 6847 is scheduled for consideration by the City Council at the January 18, 2022 City Council meeting and would modify Chapter 10.28 of the Auburn City Code to restrict the public rights-of-way on M Street NW from approximately the 1600 block of M Street NW to 29th Street NW and on 29th Street NW from M Street NW to the Mill Creek Crossing (Subject Roadways). The Subject Roadways provide access to properties and utilities that do not currently require, or benefit from, general public access. Additionally, the Subject Roadways crossing at Mill Creek is closed due to its condition and as such, provides no connectivity to the City street network or public access benefit. The Subject Roadways have been used to illegally dump inoperable vehicles, trash, and other waste material in, and adjacent to, the public rights-of-way and the illegal dumping has presented an on-going potential threat to the sensitive environmental areas along the Subject Roadways. Clean-up of the dumped waste material on, and along, the Subject Roadways is of significant financial cost to the City and adjacent property owners. Very low traffic volumes and the isolated nature of the Subject Roadways has made it very difficult for the City and adjacent property owners to dissuade or prevent the illegal dumping. City staff recommends that it is in the public interest to close the Subject Roadways to all vehicular and non-vehicular traffic except for the purpose of accessing utilities and properties by their owners and authorized guests in order to address the issue of illegal dumping. The closure has been discussed with owners of property and utilities for which the City has contact information available and the City heard support from them all. One of the property owners has volunteered to construct a gate across the closed roadway at its own cost. If the ordinance is adopted, City staff will work with that property owner to permit and construct the gate for which keyed access would be made available to the City, emergency services, property owners, and utilities requiring access to the closed roadways. Subsequent actions after the closure may include vacation of the rights-of-way, which will be discussed with the City Council at a later date. Rev iewed by Council Committees: Page 32 of 80 Councilmember:Stearns Staff:Gaub Meeting Date:January 10, 2022 Item Number: Page 33 of 80 -------------------------------- Ordinance No. 6847 DATE Page 1 of 3 Rev. 2018 ORDINANCE NO. 6847 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO RESTRICTIONS AND LIMITATIONS OF PUBLIC RIGHT-OF-WAY USE AND REVISING CHAPTER 10.28 OF THE AUBURN CITY CODE WHEREAS, the City has authority over its public rights-of-way, and as such has the authority to restrict and limit their use; and WHEREAS, the roadways of M Street NW, from approximately the 1600 block of M Street NW to 29th Street NW, and 29th Street NW from M Street NW to the Mill Creek Crossing (“Subject Roadways”) are within the public rights-of-way; and WHEREAS, the Subject Roadways provide access to properties and utilities that do not currently require, or benefit from, general public access; and WHEREAS, the Subject Roadway crossing at Mill Creek is closed and as such, provides no connectivity to the City street network or public access benefit; and WHEREAS, the Subject Roadways have been used to illegally dump inoperable vehicles, trash, and other waste material in, and adjacent to, the public rights -of-way; and WHEREAS, the illegal dumping has presented an on-going potential threat to the sensitive environmental areas along the Subject Roadways; and WHEREAS, clean-up of the dumped waste material on, and along, the Subject Roadways is of significant financial cost to the City and adjacent property owners; and WHEREAS, very low traffic volumes and the isolated nature of the Subject Roadways has made it very difficult for the City and adjacent property owners to dissuade or prevent the illegal dumping; and Page 34 of 80 -------------------------------- Ordinance No. 6847 DATE Page 2 of 3 Rev. 2018 WHEREAS, it is in the public interest to close the Subject Roadways to all vehicular and non-vehicular traffic except for the purpose of accessing utilities and proper ties by their owners and authorized guests in order to address the issue of illegal dumping. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Chapter 10.28 of the Auburn City Code is amended to read as shown in Exhibit A. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives 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 of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. // // // Page 35 of 80 -------------------------------- Ordinance No. 6847 DATE Page 3 of 3 Rev. 2018 Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: _______________ PASSED: ____________________ APPROVED: _________________ ____________________________ NANCY BACKUS, MAYOR ATTEST: ____________________________ Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: ____________________________ Kendra Comeau, City Attorney Published: ____________________ Page 36 of 80 Ordinance 6847 – Exhibit A Chapter 10.28 STREET USE RESTRICTIONS 10.28.010 Imposition of right-of-way limitations. The following public highways, roads, streets, sidewalks, alleys and rights-of-way within the city are restricted as indicated: A. “B” Street Southeast, northerly of the first alley south of East Main Street and extending north to East Main Street, shall be a pedestrian facility, as defined in ACC 12.02.060(M), and shall be closed to all vehicular traffic of any type or kind other than wheelchairs or similar devices used by disabled persons or persons needing the use of such devices, and except for emergency vehicles when responding to an emergency. B. Reserved. “M” Street Northwest, northerly of the driveway serving 1802 “M” Street Northwest and extending north to 29th Street Northwest and 29th Street Northwest, from M Street Northwest extending east approximately 760 feet to the Mill Creek crossing, shall be closed to all vehicular and non-motorized traffic of any kind except for the purpose of accessing utilities and properties by their owners and authorized guests. The City of Auburn and emergency service providers and emergency vehicles are permitted to access the rights-of- way at any time. C. Reserved. (Ord. 5902 § 2, 2005.) 10.28.020 Notice of restriction and signing. The city engineer shall erect, or cause to be erected and maintained, signs, gates, and/or barricades designating the limitations and restrictions set forth in ACC 10.28.010. (Ord. 5902 § 2, 2005.) 10.28.030 Violation – Penalty. When any public highway, road, street, sidewalk, alley or right-of-way within the city’s jurisdiction is either closed or restricted as to use, as provided in this chapter, any person, firm or corporation disregarding such closure or restriction of use shall be guilty of a misdemeanor, and shall in addition to any criminal penalty for violation of provisions of this chapter be liable in any civil action instituted in the name of the city of Auburn for any damages occurring to any public highway, road, street or thoroughfare within the city’s jurisdiction as a result of disregarding such closure or use restriction. (Ord. 5902 § 2, 2005.) Page 37 of 80 Ordinance 6847 - M St NW/29th St NW Restrictions M St NW29th St NW Mill CreekEmerald DownsSR 167Existing Closure Barricades Potential Gate Location Proposed Access Restrictions N (not to scale) Page 38 of 80 AGENDA BILL APPROVAL FORM Agenda Subject: End of Year Capital Projects Status Report (Gaub)(15 Minutes) Date: January 3, 2022 Department: Public Works Attachments: Capital Projects Status Report Presentation Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background for Motion: Background Summary: The purpose of this discussion is to inform the Council and Public of the overall status of the City’s Capital Project program managed by the Engineering Services Division. The Capital Project Group of Engineering Services is currently managing 43 projects, totaling approximately $87 million in total project costs. Of these projects, 24 are in design and 19 are under construction. Within the next month, 4 projects that are currently in design are expected to enter the construction phase. Rev iewed by Council Committees: Councilmember:Stearns Staff:Gaub Meeting Date:January 10, 2022 Item Number: Page 39 of 80 Page 40 of 80 Page 41 of 80 Page 42 of 80 Page 43 of 80 Page 44 of 80 Page 45 of 80 Page 46 of 80 Page 47 of 80 Page 48 of 80 Page 49 of 80 Page 50 of 80 Page 51 of 80 Page 52 of 80 Page 53 of 80 Page 54 of 80 Page 55 of 80 Page 56 of 80 Page 57 of 80 Page 58 of 80 Page 59 of 80 Page 60 of 80 Page 61 of 80 Page 62 of 80 Page 63 of 80 Page 64 of 80 Page 65 of 80 Page 66 of 80 Page 67 of 80 Page 68 of 80 Page 69 of 80 Page 70 of 80 Page 71 of 80 Page 72 of 80 Page 73 of 80 Page 74 of 80 Page 75 of 80 AGENDA BILL APPROVAL FORM Agenda Subject: Overview of the Bridges (Tate)(15 Minutes) Date: January 4, 2022 Department: Community Development Attachments: Memo - The Bridges Overview Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For discussion only. Background for Motion: Background Summary: See attached memo. Rev iewed by Council Committees: Councilmember:Stearns Staff:Tate Meeting Date:January 10, 2022 Item Number: Page 76 of 80 Memorandum To: City Council Members From: Jeff Tate, Director of Community Development CC: Mayor Nancy Backus Date: January 3, 2022 Re: Bridges Overview Bridges – General Description The Bridges is a community located on Lea Hill that is within the municipal limits of the City of Kent but entirely surrounding by the City of Auburn. It is identified in the below map. Vicinity Map Page 77 of 80 Overview of parcel layout 2017 Aerial Image The City of Kent annexed this area in 1987, prior to the City of Auburn’s annexation of Lea Hill in 2008. Prior to Auburn’s annexation The Bridges was simply a portion of Kent that was not contiguous to its city boundaries. Auburn’s annexation of Lea Hill is the action that created this island of Kent surrounded by Auburn. Bridges – Overview The Bridges community is defined as a Planned Unit Development (PUD) that includes 386 single family residential lots, 55.87 acres of open space and active recreation space, and a 13.21 acre yet to be developed area that allows for an assisted living facility, retail, commercial and office uses. Of the 386 single family residential lots, there only remain 2 to 3 dozen undeveloped properties. The community includes 9 access tracts, 4 sensitive area tracts, 3 detention pond tracts, 21 landscape tracts, 8 recreation tracts, and 2 open space tracts. 49.67 acre open space tract 6.20 acre open space tract Page 78 of 80 The Bridges community receives sewer service from the City of Auburn and water service from the City of Kent. The community also receives direct police service from the City of Kent and fire service from Puget Sound Regional Fire Authority (although mutual aid agreements exist that might result in a response by the Auburn Police Department or Valley Regional Fire Authority). Annexation Discussion When viewing a map of the City it is commonly asked why there is an island within Auburn, why this island is part of the City of Kent, and why the island isn’t simply annexed into Auburn in order to eliminate this anomaly. In early 2019 the City of Kent and City of Auburn began discussing the merits of annexing the Bridges community into the City of Auburn. This discussion expanded to also include representatives of Oakpointe, the owner of the yet to be developed 13.21 acre southeast corner of the community that is currently designated for a future mix of non-residential activity. There are a number of moving parts associated with this kind of conversation, several of which will be brought forward to City Council for future presentation, discussion and potential action. These include:  Future development concepts related to the yet to be developed property owned by Oakpointe and whether the uses allowed under the Kent PUD are appropriate for Auburn.  Determining the development standards that would apply within the PUD given that it was approved in Kent and Auburn’s rules are different. Understanding this matter will help define vesting rules, the process to change the standards and/or the PUD in the future, and how to memorialize these details within City code.  Understanding the management needs and requirements for the open space tract. The open space tract was dedicated to the City of Kent which means that an annexation would transfer the property to the City of Auburn. While open space is generally intended to remain undisturbed there are times when dangerous trees need to be removed, invasive weeds eradicated, garbage from illegal dumping to be picked up, etc.  Evaluation of the condition of infrastructure within the PUD. This evaluation includes a look at the physical condition of public roads, sidewalks, bridges, signage, street lights, storm ponds, public landscaping and open space, etc. It also includes a review of inspection records related to storm water facilities, bridge infrastructure, and roadway infrastructure etc.  Engagement with the residents who currently live within this community. What is the impact to their property taxes, utility bills, police/fire service, voting districts, etc.?  Defining the annexation process. State and County laws adequately define a process where unincorporated land is annexed into a city. The laws also acknowledge that annexation may occur from one city to another, however this isn’t an action that occurs very frequently.  Defining how to transfer assets including paper and digital records, land and infrastructure, inspection and permit records, etc.  Post annexation actions that are necessary. For example, all street signs within the Bridges include a City of Kent graphic. The City of Auburn would want street signs swapped out in order to remove this graphic. As discussions progress and there is a greater understanding of the impacts, pros and cons, process, and potential future conditions of the yet to be developed property, staff will continue to engage the Auburn City Council in order to ensure that Council is in the best position possible to Page 79 of 80 make informed annexation decisions. One of the next likely actions is for both cities to enter into an agreement that declares both cities sincere interest in advancing the idea of annexation through both city councils and the affected residents. Page 80 of 80