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Home My WebLink About10-04-2004 Item VIII-A-4G[TY OF � WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Date: Ordinance No. 5873 9/28/04 Department: Attachments: Budget Impact: Public Works Ordinance No. 5873 $ 0 Administrative Recommendation: City Council adopt Ordinance No. 5873. Background Summary: The proposed amendment to Chapter 9.90 of the Auburn City Code, relating to street use restrictions, addresses at least two issues with respect to impacts on the City's rights-of-way. The first issue addresses situations where a project or proposed new development will have significant impacts to the City, such as impacts on a surrounding neighborhood, traffic, wear and tear on rights -of way. For example, these impacts can include: hauling of large amounts of debris or soil that will require large trucks or numerous hauling runs, use of rights -of way for storage of materials, or the parking of large numbers of contractor vehicles in neighborhoods or commercial areas that may impair traffic flow and create safety hazards such as blocking of sight lines or access for emergency vehicles. The second issue that the amendment addresses is where a public project requires mitigation within the City of Auburn for any contractor that successfully bids on providing services or materials to such a project. Again, the permit process will allow the City to require the mitigation mandated by the bid documents, as well as any other mitigation necessary to address significant impacts to public safety, the environment, traffic, noise, wear and tear and other impact to the rights-of-way within the City. Allowing the City Engineer to make a determination of the types of projects that will create such impacts will allow these issues to be addressed up front in a comprehensive manner and avoid individual issues and piece meal solutions. W1004-2 04.9.1 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 ❑ Human Resources ❑ Police ❑ Planning Comm. ❑ Other ® Legal ® Public Works Action: Committee Approval: ❑Yes []No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until _/_/_ Tabled Until _/_/_ Councilmember: Wagner Staff: Dowd Meeting Date: October 4, 2004 Item Number: VIII.A.4 AUBU N * MORE THAN YOU IMAGINED ORDINANCE NO. 5 8 7 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 9.90.010 AND 9.90.030 OF THE AUBURN CITY CODE, RELATING TO STREET USE RESTRICTIONS WHEREAS, the current provisions of Chapter 9.90 of the Auburn City Code (ACC) provide for penalties and consequences relating to violations of Street Use Restrictions; and WHEREAS, the provisions of Chapter 9.90 ACC also identify limitations and restrictions in use of certain rights-of-way in the City; and WHEREAS, This Chapter addresses a methodology that would allow limited flexibility in the limitations and restrictions; and WHEREAS, it would be beneficial to the City and in the best interests of the users of the City's streets and rights-of-way to provide for a mechanism that would accommodate special needs pursuant to special use agreements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. AMENDMENT TO CITY CODE: That Section 9.90.010 of the Auburn City Code is amended to read as follows: 9.90.010 Imposition authorization — Limitations. A. Other than where the City and a person company, corporation, enterprise or entity using the public highways roads streets and thoroughfares of the City, enter into an agreement pursuant to a right-of-way permit under Chapter 12.60 of the City Code or other equivalent procedure, or to address a specific use or a program or plan of use of said rights-of-way, including addressing public safety, environmental traffic noise unusual wear and tear, or other impacts to the rights-of-way, The the city engineer, with respect to public highways, roads, streets and thoroughfares within the city's jurisdiction, may ------------------------------------ Ordinance No. 5873 September 29, 2004 Page 1 prohibit the operation thereon of trucks or any other vehicles, except the operation of school buses, public transit and emergency vehicles, or may impose limits as to weights, may determine haul routes for local trips, or any other restrictions as may be deemed necessary including whenever the city engineer determines that any public highway, road, street or thoroughfare would be seriously damaged or destroyed by reason of rain, snow, severe winter freeze, other climatic conditions or any other conditions including deficient structural integrity if unrestricted use is continued. In the event that the person, company, corporation enterprise or entity using the public highways roads streets and thoroughfares of the City secures a right-of-way permit as mentioned above, the person, company,..corporation enterprise or entity shall comply with the conditions and requirements of such permit. Provided however, that said person company, corporation enterprise or entity shall be required to obtain a right-of-way permit when in the opinion of the City Engineer the proiect, program, or activity for which the person company corporation enterprise or entity is using said rights-of-way involves a project in the City of Auburn that will create unusual wear and tear on the rights-of-way, or significant impacts to public safety, the environment traffic and noise; and for all projects that require mitigation of hauling and related im pacts within the City. Said permit may include conditions on mitigation within the City's rights-of-way as a result of the impacts of the project program or activity, which shall include, but not be limited to any mitigation set out in the contract or bid documents, or other review documents or as may be otherwise required for said project, program, or activity. B. The city engineer shall not, however, prohibit the use of any city street designated by the State Highway Commission as forming the part of the route of any primary state highway through the city, by vehicles or any class of vehicles, or impose any restrictions or reductions in permissible weights unless the restriction, limitation, prohibition or reduction in permissible weight is first approved in writing by the State Highway Commission. (Ord. 5682 § 1, 2002; Ord. 5319 § 2, 1999. Formerly 9.12.010.) Section 2. AMENDMENT TO CITY CODE: That Section 9.90.030 of the Auburn City Code is amended to read as follows: 9.90.030 Violations — Penalty. When any public highway, road, street or thoroughfare within the city's jurisdiction is either closed or restricted as to use, any person, firm or corporation disregarding such closure or restriction of use shall be guilty of a misdemeanor, and it shall also be a misdemeanor for anyperson firm or corporation to violate the requirements of this Chapter; and shall, in addition to any criminal penalty for violation of provisions of this chapter, such person firm or corporation shall be liable in any civil action instituted in the name of the city of Auburn for any Ordinance No. 5873 September 29, 2004 Page 2 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. 5682 § 1, 2002; Ord. 5319§ 2, 1999. Formerly 9.12.030.) Section 3. IMPLEMENTATION: The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. CONSTITUTIONALITY OR INVALIDITY: If any section, subsection, clause, phrase, or sentence of this Ordinance, is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality of the remaining portions of this ordinance, as it is being hereby expressly declared that this ordinance and each section, subsection, clause, phrase, or sentence, hereof would have been prepared, proposed, adopted, and approved and ratified irrespective of the fact that any one or more section, subsection, clause, phrase, or sentence, be declared invalid or unconstitutional. Section 5. EFFECTIVE DATE: This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. INTRODUCED: PASSED: APPROVED: ATTEST: Danielle E. Daskam, City Clerk ---------------------------------- Ordinance No. 5873 September 29, 2004 Page 3 PETER B. LEWIS MAYOR ....e I e-'11 -- - City .- PUBLISHED: Ordinance No. 5873 September 29, 2004 Page 4