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HomeMy WebLinkAboutITEM VIII-A-1.,_ AUBURN ~~ WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Ordinance amending Auburn City Code Sections 12.64A.030 and September 10, 2007 12.64.050 to add conduits to the list of right-of-way improvements that the Cit En ineer can re uire for half-street im rovements Department: Attachments: Budget Impact: Public Works Ordinance No. 6112 $ 0 Administrative Recommendation: City Council introduce and adopt Ordinance No. 6112. Background Summary: The City's data and communications infrastructure is an integral part of its delivery of services to the public. The City uses this infrastructure to make data available to the City's police officers, inspectors, utility staff, and other personnel while they are in the field, allowing them to spend more time in the field, and less time traveling to and from City offices. The City also remotely monitors and operates a number of its utility facilities, traffic control devices, and other equipment located throughout the City. This remote access allows for integrated operations and more efficient use of staff time. The current infrastructure does not extend to all parts of the City, and to make full use of data and communications in providing public services, the infrastructure must be expanded. Placing conduit in arterial rights-of-way would allow the infrastructure to be extended to additional areas within the City. As part of that expansion, Ordinance No. 6112 would allow the City Engineer to require conduits as part of any half-street improvements required on an arterial street. The cost of adding such conduit to an already opened trench would be proportional to the benefit of enhanced public services received by the owner of the developing property. W0917-4 03.10.9 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: Wa ner Staff: Dowd Meetin Date: Se tember 17, 2007 Item Number: VIII.A..1 AUBURN * MQRI `THAN YOU IMAGINED ORDINANCE N0.6 1 1 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 12.64A.030 AND 12.64A.050 OF THE AUBURN CITY CODE RELATING TO THE INSTALLATION OF CITY-OWNED CONDUIT WHEREAS, the City Council finds that enhancing the City's data and communications infrastructure allows the City to provide services to the public in amore effective and efficient manner; and WHEREAS, making remote data access available to the City's police officers, inspectors, utility staff, and other field personnel allows them to devote more .time to providing services to the community and less time traveling to and from City offices and facilities; and WHEREAS, the City has a number of utility facilities, traffic control devices, and other equipment located throughout the City that are monitored and operated remotely; and WHEREAS, increasing the number of such remote facilities connected to the City's data and communications infrastructure allows for system-wide, coordinated management of such facilities; and WHEREAS, new technologies may present additional opportunities for the City to use its data and communications infrastructure to enhance its provision of public services; and Ordinance 6112 July 31, 2007 Page 1 of 5 WHEREAS, the City Council finds that the installation of City-owned conduit throughout the City would enhance the City's data and communications infrastructure; and WHEREAS, requiring the placement of City conduits in trenches opened in City rights-of-way as part of a development project allows for expansion of the City conduit system at a lower cost to the public. and with fewer opening of the City's streets; and WHEREAS, the cost of adding such conduit to an already opened trench would be proportional to the benefit of enhanced public services received by the owner of the developing property, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That Section 12.64A.030 of the Auburn City Code be and the same hereby is amended to read as follows: 12.64A.030 Requirements. The City Engineer shall determine in consultation with Police; Parks, Arts, and Recreation; Planning, Building and Community Departments; Information Services and the local fire authority whether one or more of the following public right-of-way improvements are necessary to mitigate the impacts of a permitted action set forth in ACC 12.64A.020. Construction or provision of those improvements in the manner specified by the City Engineer shall be a condition of granting said permit: A. Paved roadway on the same side of the street as the subject property; B. Street lighting; C. Sidewalks on the same side of the street as the subject property; D. Concrete curbs and gutters on the same side of the street as the subject property; Ordinance 6112 July 31, 2007 Page 2 of 5 E. Storm drainage systems; F. Street landscaping and appurtenances on the same side of the street as the subject property; G. Traffic control and other safety devices including, but not limited to, provisions for channelization, pavement markings, signage, pedestrian safety, and traffic calming; H. Dedication of public right-of-way on the same side of the street as the subject property. I. Conduit at least three inches in diameter in arterial streets bein icy mproved under this chapter. (Ord. 6083 § 2, 2007.) Section 2. Amendment to City Code. That Section 12.64A.050 of the Auburn City Code be and the same hereby is amended to read as follows: 12.64A.050 Deferral and Fee-in-Lieu of Improvements. A. The City Engineer may grant a deferral and/or payment of fee-in-lieu of improvements for .some or all of the improvements required pursuant to this Chapter upon receipt of a written request from the applicant or may require a deferral and/or payment of fee-in-lieu of improvements for some or all of the required improvements; provided, dedication of necessary right-of-way may not be deferred or satisfied through payment of a fee-in-lieu. The City Engineer's decision regarding deferral or payment of a fee- in-lieu shall take into account the best interest of the City and, among other considerations, the following criteria: 1. Proximity to similar improvements, or lack thereof, within the roadway corridor; 2. Continuity of infrastructure improvements within the public right-of-way; 3. Pending projects programmed within the corridor that may impact the street frontage of the subject property; 4. Safety considerations; 5. Traffic volumes and travel patterns; 6. Storm drainage needs; 7. Input from the Police; Parks, Arts, and Recreation; and Planning, Building and Community Departments; Information Services and the local fire authority. B. For those improvements either deferred or for which afee-in- lieu is paid, the applicant shall be required to: 1. Execute and record an agreement not to protest the formation of a future local improvement district (LID) formed for the construction of such improvements, and Ordinance 6112 July 31, 2007 Page 3 of 5 2. Execute and record an agreement to defer the completion of the required improvements by the applicant until such time as the city determines the improvements are needed, or 3. Pay afee-in-lieu of improvements based on the city's estimated costs to complete the required improvements. The City shall have the discretion to require payment of a fee-in-lieu of improvements rather than the execution and recording of deferral agreements provided that the street improvements are part of an identified project in the city's six year transportation improvement program or other documentation and the funds can immediately be utilized for design and/or construction efforts or to leverage additional grant funding for the project, or 4. Execute a combination of a deferral and payment of a fee-in-lieu of improvements; provided, the applicant's combined obligation does not exceed the extent of the total requirements for such improvements. C. The applicant has the right under state law to protest the applicant's assessment for any such LID at the time of the final assessment roll public hearing. D. For those improvements that are deferred, the Design Standards and Construction Standards in place at the time of improvements shall be applied. (Ord. 6083 § 2, 2007.) Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions 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 thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of -its application to other persons or circumstances. Ordinance 6112 July 31, 2007 Page 4 of 5 Section 5. 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. DATED and SIGNED this day of , 2007. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPR VEDAS TO FORM: niel B. Hei , City Attorney Published: Ordinance 6112 July 31, 2007 Page 5 of 5