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HomeMy WebLinkAboutAgenda Modification ~ CITY OF * WASHINGTON TO: Members of the City Council Mayor Lewis Department Directors FROM: Dani Daskam, City Clerk SUBJECT: November 16, 2009 Agenda Modification DATE: November 16,2009 The November 16, 2009, City Council meeting agenda published on Friday, November 13, 2009, is modified as follows: VIII. ORDINANCES AND RESOLUTIONS A. Ordinances The agenda modification adds Ordinance No. 6273 to the agenda: 2. Ordinance No. 6273* (Cerino/Kelly) 01.2 An Ordinance of the City Council of the City of Auburn, Washington, amending Sections 10.36.190 and 10.36.192 of the Auburn City Code relating to commercial vehicle parking and residential parking B. Resolutions The agenda modification adds Resolution No. 4545 to the agenda: 3. Resolution No. 4545* (Wagner/Heid) A3.13.4, 03.4.1.1, A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to provide notice of Council consideration of an Ordinance authorizing condemnation of property to widen a portion of South Division Street CITY OF * ~ AGENDA BILL APPROVAL FORM ~ WASHINGTON Agenda Subject: Date: Ordinance No. 6273 11/09/09 Department: Attachments: Budget Impact: Police Ordinance No. 6273 Administrative Recommendation: City Council introduce and adopt Ordinance No. 6273. Background Summary: Added vehicle weight to the current City Code 10.36 as the definition of commercial vehicle parking under the RCW was not expansive enough and did not encompass all large vehicles parking on City streets. In addition, 10.36.190.6.5 is removed as a section had already been added allowing vehicfes to load and unload product. P1116-1 01.2 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner El Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board OPublic Works 0 Legal ❑ Police ❑ Planning Comm. ❑ Other p Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Cerino Staff: Kell Meetin Date: November 16, 2009 Item Number: VIII.A.2 AUBURN *MORE THAN YOU IMAGINED ORDINANCE NO. 6273 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 10.36.190 AND 10.36.192 OF THE AUBURN CITY CODE RELATING TO COMMERCIAL VEHICLE PARKING AND RESIDENTIAL PARKING WHEREAS, the Auburn City Code inciudes public safety regulations which address traffic and parking regulations enforceable within the City; and WHEREAS, the current provisions of the City Code define parking in terms of the types of streets to which regulations apply and enforcement alternatives; and WHEREAS, City staff, after reviewing the parking regulations, has recommended amending those regulations to meet current needs and to clarify regulatory provisions, including parking regulations relating to commercial vehicles and the parking of large vehicles on residential streets. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to Citv Code. That section 10.36.190 of the Auburn City Code be and the same hereby is amended to read as follows: ~ 10.36.190 Commercial Vehicles and Larqe Vehicles. A. Except as provided for in this section, no person shall park any se4-vehicle with a qross vehicle weiqht rating af 16,000 pounds or more as indicated in the records af the Washinqton state Department of Motor Vehicles for the vehicle, on any street, alley or public right-of-way in the city. ~ B. Parkinq CommeFGial--vehicles with a qross vehicle weiqht rating of 16,000 paunds or more as indicated on the vehicle or as indicated in the records af the Washinqton state Department of Mator Vehicles is permitted at the following locations: 1. D Street NW both sides, between 44th Street NW and S 277th, where , practical; 2. 44th Street NW south side, west of D St NW and east of the Union Pacific RR right-of-way; 3. E St. NE west side, between 23rd St NE and 26th St NE; Ordinance No. 6273 October 26, 2009 Page 1 of 3 4. Lund Rd. SW east side, W. Main Street to end; C~/~ r~ }}c .~nr! On thc c~~mo c il~TrJn ~ t11 f 4ho ~4roo'cl ccr 4 ~ u.~ ~ r~rnnnr}~i ~G~~ ~17i~~--~T'vpGraTnn v~n f f 16 1 provided, • C. Commercial vehicles may be stop~ed or parked in other safe locations while in the process of actively loading, unloading or providing services to residences or businesses in the immediate vicinity of where the vehicle is parked; provided, that the free flow of traffic is unobstructed. D. The penalty for parking in violation of this section shall be a fine of $250.00 per violation, in addition to other costs and assessments provided by law. A violation of this section shall be considered a parking infraction and shall be processed in accordance with the state statutes, court rules and city ordinances regarding parking infractions. Each calendar day during which a violation occurs shall constitute a separate infraction, and each instance when a commercial vehicle parks at a location in violation of this section shall be a separate violation. E. The provisions of this section do not apply to recreational vehicles as regulated by ACC 10.36.191. F. This4 section does not permit or authorize anyone to park any se+nmeFsial I vehicle weiqhinq mare than 16,000 pounds, on any street within the city that does not have adequate space for parking or where parking is otherwise prohibited. (Ord. 6222 § 2, 2009; Ord. 6035 § 1, 2006; Ord. 6030 § 1, 2006; Ord. 5943 § 1, 2005; Ord. 5492 § 1, 2001.) Section 2. Amendment to Citv Code. That section 10.36.192 of the Auburn City Code be and the same hereby is amended to read as follows: I 10.36.192 Trailers. A. No unattached trailer, semitrailer, or pole trailer shall be parked within any city right-of-way; provided, that an unattached trailer, semitrailer, or pole trailer with a I gross vehicle weight rating of less than 20,08916,000 pounds as indicated in the recnrds af the Washinqton State Department af Motar Vehicles for the vehicle may be parked within any city right-of-way in a residential neighborhood in the city for up to 24 hours. B. The penalty for parking in violation of this section shall be a fine of $250.00 per violation, in addition to other costs and assessments provided by law. A violation of this section shall be considered a parking infraction and shall be processed in accordance with the state statutes, court rules and city ordinances regarding parking infractions. Each calendar day during which a violation occurs shall constitute a separate infraction and each instance when an oversized or commercial vehicle parks at a location in violation of this section shall be a separate violation. C. This section does not permit or authorize anyone to park any trailer on any street within the city that does not have adequate space for parking or where parking is otherwise prohibited. (Ord. 6222 § 4, 2009.) Ordinance No. 6273 October 26, 2009 Page 2 of 3 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. Severabilitv. 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. 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. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN ATTEST: PETER B. LEWIS MAYOR Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel . Heid, City Attorney Published: Ordinance No. 6273 October 26, 2009 Page3of3 r • =k * CITY OF * AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Date: Nov 16, 2009 Resolution No. 4545 Department: Legai Attachments: Budget Impact: Resolution No. 4545 Administrative Recommendation: City Council adopt Resolution No. 4545. Background Summary: Resolution No. 4545 authorizes the Mayor to provide notice of the City Council's future consideration of Ordinance No. 6277 authorizing condemnation of portions of properties located at 2 West Main Street and 21 South Division Street necessary for construction of the Promenade. The City's Strategic Plan for the Downtown Revitalization Catalyst Area includes the construction of a Promenade along a portion of South Division Street. The City has entered into negotiations with the property owner(s) to obtain portions of the properties at 2 West Main Street and 21 South Division Street necessary for the construction of the Promenade. However, those efforts have not been successful at this point. Adoption of Resolution No. 4545 authorizes the Mayor to provide notice of the Council's pending consideration of Ordinance No. 6277 on December 7, 2009 as required under RCW 8.25.290. A1116-1 A3.13.4, 03.4.1.1 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor p Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. O Other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee ApprovaL ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Wa ner Staff: Heid Meetin Date: November 16, 2009 Item Number: VI11.6.3 AU$[jRN*MORE THAN Y4U IMAGINED . . RESOLUTION NO. 4 5 4 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO PROVIDE NOTICE OF COUNCIL CONSIDERATION OF AN ORDINANCE AUTHORIZING CONDEMNATION OF PROPERTY TO WIDEN A PORTION OF SOUTH DIVISION STREET WHEREAS, on May 21, 2007 the Auburn City Council passed Resolution No. 4191, adopting the Strategic Plan for the City of Auburn Downtown Revitalization Catalyst Area; and WHEREAS, an element of that plan was the construction of a "Promenade" along that portion of South Division Street running through the downtown core, providing linear open space along Division Street; and WHEREAS, on June 16, 2008, the City Council adopted Resolution No. 4361, stating its support for the Promenade; and WHEREAS, construction of the Promenade has been incorporated into the City's Capital Facilities Plan; and WHEREAS, the City has entered into negotiations to obtain portions of the properties located at 2 West Main Street and 21 South Division Street necessary for construction of the Promenade; and WHEREAS, while on-going, those efforts have not been successful at this point in time in securing the acquisition of the required property; and WHEREAS, on December 7, 2009, the City Council will consider adoption of Ordinance No. 6277 authorizing condemnation of those portions of the properties located at 2 West Main Street and 21 South Division Street necessary for construction of the Promenade; and Resolution No. 4545 November 12, 2009 Page 1 of 2 , R WHEREAS, RCW 8.25.290 requires that the City provide notice of such consideration to the owners of the affected properties and to the public, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to provide notice of the Council's consideration of Ordinance No. 6277 on December 7, 2009 as required under RCW 8.25.290. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of 12009. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APP VED AS TO FORM: D niel B. H' Ci orne Resolution No. 4545 November 12, 2009 Page 2 of 2