HomeMy WebLinkAbout04-28-2014 PLANNING & COMMUNITY DEVELOPMENT COMMITTEE AGENDA
Planning and Community Development
April 28, 2014 - 5:00 PM
Annex Conference Room 2
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
C.Agenda Modifications
II.CONSENT AGENDA
A. Minutes - April 14, 2014* (Tate)
III.DISCUSSION ITEMS
A. Resolution No. 5062* (Mund)
A Resolution of the City Council of the City of Auburn, Washington, Setting a
Public Hearing to Consider a Franchise Agreement with tw telecom of washington
llc.
B. Theater Lease (Faber)
C. Update Briefing Regarding Auburn Environmental Park Restoration Efforts
(Andersen)
Staff to provide the Committee with a progress update of the development of the
Auburn Environmental Park. Staff to provide a PowerPoint presentation at the
meeting.
D. Floodplain Development Regulation Policy Discussion* (Andersen)
Staff to present policy options for amendment of the City's Flood Hazard Area
regulations for Committee consideration.
E. Communal Residences* (Tate)
Staff to provide an update on the communal residence program.
F. Downtown Parking Management Plan* (Tate)
Staff to provide an update on the implementation of the Downtown Parking
Management Plan.
G. Director's Report (Tate)
H. PCDC Status Matrix* (Tate)
IV.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
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at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
Page 2 of 55
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes - April 14, 2014
Date:
April 21, 2014
Department:
Planning and Development
Attachments:
April 14, 2014 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Planning and Community Development Committee to approve the April 14, 2014
Planning and Community Development Committee minutes as written.
Background Summary:
Reviewed by Council Committees:
Other: Planning
Councilmember:Holman Staff:Tate
Meeting Date:April 28, 2014 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 3 of 55
Planning and Community
Development
April 14, 2014 - 5:00 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chair John Holman 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 John Holman; Member Yolanda Trout, sitting in as Vice-Chair;
and Councilmember Wayne Osborne were present. Vice-Chair Largo
Wales was excused. Also present were Mayor Nancy Backus,
Director of Community Development and Public Works Kevin Snyder,
Assistant Director of Community Development Services Jeff Tate,
Planning Services Manager Elizabeth Chamberlain, Economic
Development Manager Doug Lein, and Community Development
Secretary Tina Kriss.
Members of the public present were Laura Theimer, Board President
and Laura Westergard, Executive Director of the Auburn Downtown
Association.
B. Announcements
1. Presentation - The Auburn Downtown Association (Tate)
Auburn Downtown Association (ADA) Board President Laura
Theimer and Executive Director Laura Westergard presented a
PowerPoint presentation to highlight the Auburn Downtown
Association’s Mission, History and Finances, Board, and internal
and external goals.
The ADA receives Business Improvement Area (BIA) monies
which the City collects when businesses pay for their business
licenses to assist with operational costs of the ADA. The
association is actively seeking Business and Occupation (B&O)
Main Street Tax Credit through the State of Washington to assist
with the costs of program expenses; the ADA will continue to work
on obtaining B&O tax credits and fill all open board positions.
A discussion was held regarding the events that draw the public
to downtown: the Art Walk with Wine Tasting, the spring 2014
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CA.A Page 4 of 55
Coupon Booklet, National Walking Day, Wine Art Music Festival,
and other new events that are being established.
To continue to build up the community, its image, and presence
as the City Center, the ADA will continue to work with Auburn
Businesses to create more authentic store front facades, continue
to develop fundraising methods for program goals, draw and
recruit new businesses to downtown, and work with property
owners and managers to fill downtown property vacancies. The
ADA continues to work with City staff on their revitalization efforts.
2. Economic Development Update (Lein)
Environmental Services Manager Doug Lein provided an update
to the City's economic development activities. Last year, during
the 1st quarter, 92 new single family home permits were issued
and this year 95 were issued. Last year 126 commercial permits
with a construction value of $81,731,845.00 were issued, this
year 160 permits have been issued with a construction value of
$25,763,175. The construction values for 2013 include one permit
issued for the Auburn High School modernization project which
has a value of $66,000,000.00. The adjusted 2013 value
subtracting the school valuation is $15,731,845.00.
There have been 73 new business licenses in 2014, compared to
52 last year during the 1st quarter. In 2013 the City had
$360,000.00 in Real Estate Excise Tax and this year the amount
was $470,000.00. The sales tax revenue for the 1st quarter of
2013 was $3,400,000.00 and this year it is $4,000.000.00,
The Committee and staff also reviewed the status of projects in
development and projects that have been completed in
2014. A discussion was held on various marketing strategies for
2014 and creating a strategic plan for economic
development. Staff explained that it would be beneficial for the
City to create a strategic plan for the City’s economic
development.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Minutes - March 18, 2014 Special Joint Meeting (Tate)
Acting Vice-Chair Trout moved and Councilmember
Osborne seconded to approve the March 18, 2014 Planning
Commission/Planning and Community Development Committee
minutes as written.
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CA.A Page 5 of 55
Motion carried unanimously. 3-0
B. Minutes - March 24, 2014 (Tate)
Acting Vice-Chair Trout moved and Councilmember
Osborne seconded to approve the March 24, 2014 Planning and
Community Development Committee minutes as written.
Motion carried unanimously. 3-0
III. ACTION
A. Resolution No. 5059 (Faber)
A resolution of the City Council of the City of Auburn, Washington,
authorizing the acceptance of a grant from King Conservation
District and authorizing the Mayor and City
Clerk to execute the necessary agreements to accept said funds.
Acting Vice-Chair Trout moved and Councilmember
Osborne seconded to recommend City Council adopt Resolution No.
5049.
Motion carried unanimously. 3-0
IV. DISCUSSION ITEMS
A. Addressing (Tate)
Assistant Director of Community Development Services, Jeff Tate,
provided a PowerPoint presentation as an overview of the City's
addressing process and procedures. The City of Auburn Municipal
Code establishes the City’s addressing responsibility and authority,
(ACC 12.52.010 - Street Names, and ACC15.52.020 - Building
Numbers).
The Committee and staff discussed the addressing standards, which
grids are used for addressing changes (City of Auburn, King County,
and Pierce County), and how the various agencies and organizations
are informed. The Committee thanked staff for the overview.
B. Director's Report (Tate)
Assistant Director Tate reported that the Warehouse and Distribution
Center proposed code amendment will be going forward to the
Planning Commission for a workshop and Public Hearing May 6th,
2014 before returning to this Committee. He reported that he had
attended a Master Builders Building Association (Pierce County)
meeting to discuss developing an option of moving a developers
residential building permit through the City’s process faster if the
proposed residential permit had already been approved and permitted
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CA.A Page 6 of 55
through Pierce County. This would allow the developer to have
already addressed the majority of building code requirements
(Auburn's specific regulations would still need to be addressed) and
allow the permit process to be shortened.
A 2014 Community Development Parking Management Plan
Implementation Tasks schedule was distributed to the Committee to
keep them updated on the progress of the implementation of the
parking management plan.
C. PCDC Status Matrix (Tate)
The Committee reviewed the matrix and had no changes or additions.
V. ADJOURNMENT
There being no further business to come before the Planning and
Community Development Committee, the meeting was adjourned at 6:36
p.m.
Approved this _____________ day of _______________, 2014.
____________________________________________
John Holman
Chairman
____________________________________________
Tina Kriss
Secretary, Community Development
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CA.A Page 7 of 55
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5062
Date:
April 21, 2014
Department:
Public Works
Attachments:
Resolution No. 5062
Draft Ordinance No. 6506
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
Resolution No. 5062 sets the date of the public hearing for Franchise Agreement No.
14-06 tw telecom of washington llc for May 19, 2014 at 7:30 p.m. in Council Chambers.
Franchise Agreement No. 14-06, Draft Ordinance No. 6506 is attached as back up
documentation for Resolution No. 5062. Per Auburn City Code Chapter 20.06.010, a
franchise shall be required of any commercial utility or telecommunications operator or
carrier or other person who desires to occupy public ways of the city and to provide
telecommunications or commercial utility services to any person or area in the city.
tw telecom of washington llc has applied for a Franchise Agreement to be able to
operate and build within the City’s rights of way a telecommunications network. The
applicant will offer integrated data services, dedicated internet access and provide local
and long distance voice services to commercial customers. The proposed franchise area
is all rights of way in the City, as tw telecom will lease facilities from CenturyLink and
other telecom companies throughout the City to provide service. The applicant is
requesting the entire City as the proposed franchise area so that future installation of
their facilities may be accommodated without having to amend the agreement for each
installation. Exact locations, plans, engineering and construction schedules would be
reviewed, approved and managed through the City’s permitting processes that are a
requirement of the Franchise Agreement.
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Osborne Staff:Mund
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 8 of 55
Meeting Date:April 28, 2014 Item Number:DI.A
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 9 of 55
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Resolution No. 5062
Franchise Agreement No. 14-06
April 7, 2014
Page 1
RESOLUTION NO. 5062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A PUBLIC HEARING
TO CONSIDER A FRANCHISE AGREEMENT WITH TW
TELECOM OF WASHINGTON LLC
WHEREAS, tw telecom of washington llc has applied to the City for a non-exclusive
Franchise Agreement for the right of entry, use, and occupation of certain public rights-of-
way within the City of Auburn, expressly to install, construct, erect, operate, maintain,
repair, relocate and remove its facilities in, on, upon, along and/or across those right(s)-of-
way; and
WHEREAS, the Public Works Committee of the Auburn City Council has reviewed
tw telecom’s application materials, and, pursuant to ACC 20.06.040, the Public Works
Committee has recommended to the City Council that it schedule a public hearing on the
application; and
WHEREAS, the City Council agrees with the recommendation of the Public Works
Committee,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That a hearing on the application by tw telecom of washington llc for
a Franchise Agreement with the City of Auburn is hereby set for 7:30 p.m. on the 19th day
of May, 2014, at the City Council Chambers at 25 West Main Street, Auburn, Washington,
98001, with all persons wishing to speak to the application at the public hearing being
invited to attend.
DI.A Page 10 of 55
----------------------------
Resolution No. 5062
Franchise Agreement No. 14-06
April 7, 2014
Page 2
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, including
posting notice of such public hearing as required by State law and City Ordinance.
Section 3. This Resolution shall be in full force in effect upon passage and
signatures hereon.
DATED and SIGNED this day of , 2014.
CITY OF AUBURN
______________________________________
Nancy Backus
Mayor
Attest:
___________________________________
Danielle E. Daskam, City Clerk
Approved as to Form:
_____________________________
Daniel B. Heid, City Attorney
DI.A Page 11 of 55
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Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 1 of 19
ORDINANCE NO. 6506
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
TW TELECOM OF WASHINGTON LLC, A
DELAWARE LIMITED LIABILITY COMPANY, A
FRANCHISE FOR TELECOMMUNICATIONS
WHEREAS, tw telecom of washington llc (“Grantee”) has applied to the
City of Auburn (“City”) for a non-exclusive Franchise for the right of entry, use,
and occupation of certain public right(s)-of-way within the City, expressly to
install, construct, erect, operate, maintain, repair, relocate and remove its
facilities in, on, over, under, along and/or across those right(s)-of-way; and
WHEREAS, following proper notice, the City Council held a public hearing
on Grantee’s request for a Franchise, at which time representatives of Grantee
and interested citizens were heard in a full public proceeding affording
opportunity for comment by any and all persons desiring to be heard; and
WHEREAS, from information presented at such public hearing, and from
facts and circumstances developed or discovered through independent study and
investigation, the City Council now deems it appropriate and in the best interest
of the City and its inhabitants that the franchise be granted to Grantee,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated herein, the City grants to
the Grantee general permission to enter, use, and occupy the right(s)-of-way
and/or other public property specified in Exhibit “A,” attached hereto and
incorporated by reference (the “Franchise Area”).
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate and repair the types of facilities specified in Exhibit
“B,” attached hereto and incorporated by reference, and all necessary
appurtenances thereto, (“Grantee Facilities”) for provision of those services set
forth in Exhibit “C” (“Grantee Services”) in, along, under and across the
Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Grantee Facilities and Grantee Services, and
it extends no rights or privilege relative to any facilities or services of any type,
DI.A Page 12 of 55
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 2 of 19
including Grantee Facilities and Grantee Services, on public or private property
elsewhere within the City.
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, unless the City determines that entering into such agreements interferes
with Grantee’s right set forth herein.
E. Except as explicitly set forth herein, this Franchise does not waive
any rights that the City has or may hereafter acquire with respect to the
Franchise Area or any other City roads, rights-of-way, property, or any portions
thereof. This Franchise shall be subject to the power of eminent domain, and in
any proceeding under eminent domain, the Grantee acknowledges its use of the
Franchise Area shall have no value.
F. The City reserves the right to change, regrade, relocate, abandon,
or vacate any right-of-way within the Franchise Area. If, at any time during the
term of this Franchise, the City vacates any portion of the Franchise Area
containing Grantee Facilities, the City shall reserve an easement for public
utilities within that vacated portion, pursuant to RCW 35.79.030, within which the
Grantee may continue to operate any existing Grantee Facilities under the terms
of this Franchise for the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area shall at all times
be subordinated to and subject to the City and the public’s need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
Section 2. Notice
A. Written notices to the parties shall be sent by certified mail to the
following addresses, unless a different address shall be designated in writing and
delivered to the other party.
City: City of Auburn
Engineering Aide, Transportation
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010; Fax: (253) 931-3048
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
DI.A Page 13 of 55
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Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 3 of 19
Telephone: 253-931-3039
Grantee: Greg Diamond
Vice President, Regulatory
tw telecom of washington llc
10475 Park Meadow Drive
Littleton, CO 80124
Telephone: 206-676-8052
with a copy to:
Tina Davis
Senior VP & General Counsel
tw telecom of washington llc
10475 Park Meadow Drive
Littleton, CO 80124
Telephone: 303-566-1279
B. Any changes to the above-stated Grantee information shall be sent
to the City, referencing the title of this agreement.
C. The above-stated Grantee voice telephone numbers shall be
staffed at least during normal business hours, for their respective time zones.
The City may contact Grantee at the following number for emergency or other
needs outside of normal business hours of the Grantee: Network Operations
Center 1-800-829-0420
Section 3. Term of Agreement
A. This Franchise shall run for a period of five (5) years, from the date
of execution specified in Section 5.
B. Renewal Option of Term: The Grantee may renew this Franchise
for an additional five (5) year period upon submission and approval of the
application specified under ACC 20.06.130, as it now exists or is amended,
within the timeframe set forth therein (currently 240 to 180 days prior to
expiration of the then-current term). Any materials submitted by the Grantee for
a previous application may be considered by the City in reviewing a current
application, and the Grantee shall only submit those materials deemed
necessary by the City to address changes in the Grantee Facilities or Grantee
Services, or to reflect specific reporting periods mandated by the ACC.
C. Failure to Renew Franchise – Automatic Extension. If the Parties
fail to formally renew this Franchise prior to the expiration of its term or any
DI.A Page 14 of 55
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 4 of 19
extension thereof, the Franchise automatically continues month to month until
renewed or either party gives written notice at least one hundred and eighty (180)
days in advance of intent not to renew the Franchise.
Section 4. Definitions
For the purpose of this agreement:
“ACC” means the Auburn City Code.
"Emergency" means a condition of imminent danger to the health, safety and
welfare of persons or property located within the City including, without limitation,
damage to persons or property from natural consequences, such as storms,
earthquakes, riots, acts of terrorism or wars.
“Maintenance” or “Maintain” shall mean examining, testing, inspecting, repairing,
maintaining and replacing the existing Grantee Facilities or any part thereof as
required and necessary for safe operation.
“Relocation” means permanent movement of Grantee facilities required by the
City, and not temporary or incidental movement of such facilities, or other
revisions Grantee would accomplish and charge to third parties without regard to
municipal request.
“Rights-of-Way” means the surface and the space above and below streets,
roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements,
rights-of-ways and similar public properties and areas.
Section 5. Acceptance of Franchise
A. This Franchise, and any rights granted hereunder, shall not
become effective for any purpose unless and until Grantee files with the City
Clerk (1) the Statement of Acceptance, attached hereto as Exhibit “D,” and
incorporated by reference, (2) all verifications of insurance coverage specified
under Section 15, and (3) the financial guarantees specified in Section 16
(collectively, “Franchise Acceptance”). The date that such Franchise Acceptance
is filed with the City Clerk shall be the effective date of this Franchise.
B. Should the Grantee fail to file the Franchise Acceptance with the
City Clerk within 30 days after the effective date of the ordinance approving the
Franchise, the City’s grant of the Franchise will be null and void.
Section 6. Construction and Maintenance
DI.A Page 15 of 55
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Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 5 of 19
A. The Grantee shall apply for, obtain, and comply with the terms of all
permits required under ACC Chapter 12.24 for any work done upon Grantee
Facilities. Grantee shall comply with all applicable City, State, and Federal
codes, rules, regulations, and orders in undertaking such work, which shall be
done in a thorough and proficient manner.
B. Grantee agrees to coordinate its activities with the City and all other
utilities located within the public right-of-way within which Grantee is undertaking
its activity.
C. The City expressly reserves the right to prescribe how and where
Grantee Facilities shall be installed within the public right-of-way and may from
time to time, pursuant to the applicable sections of this Franchise, require the
removal, relocation and/or replacement thereof in the public interest and safety at
the expense of the Grantee.
D. Before commencing any work within the public right-of-way, the
Grantee shall comply with the One Number Locator provisions of RCW Chapter
19.122 to identify existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City and in
accordance with City ordinances, Grantee shall have the authority to reasonably
trim trees upon and overhanging streets, public rights-of-way, and places in the
Franchise Area so as to prevent the branches of such trees from coming in
physical contact with the Grantee Facilities. Grantee shall be responsible for
debris removal from such activities. If such debris is not removed within twenty-
four (24) hours of completion of the trimming, the City may, at its sole discretion,
remove such debris and charge Grantee for the cost thereof. This section does
not, in any instance, grant automatic authority to clear vegetation for purposes of
providing a clear path for radio signals. Any such general vegetation clearing will
require a land clearing permit.
Section 7. Repair and Emergency Work
In the event of an emergency, the Grantee may commence such repair
and emergency response work as required under the circumstances, provided
that the Grantee shall notify the City in writing as promptly as possible, before
such repair or emergency work commences, or as soon thereafter as possible, if
advance notice is not practical. The City may act, at any time, without prior
written notice in the case of emergency, but shall notify the Grantee in writing as
promptly as possible under the circumstances.
Section 8. Damages to City and Third-Party Property
DI.A Page 16 of 55
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Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 6 of 19
Grantee agrees that if any of its actions under this Franchise impairs or
damages any City property, survey monument, or property owned by a third-
party, Grantee will restore, at its own cost and expense, said property to a safe
condition. Such repair work shall be performed and completed to the satisfaction
of the City Engineer.
Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility, other than the Grantee’s, which was installed, constructed, completed or in
place prior in time to Grantee’s application for a permit to construct or repair
Grantee Facilities under this Franchise shall have preference as to positioning
and location with respect to the Grantee Facilities. However, to the extent that
the Grantee Facilities are completed and installed prior to another utility’s
submittal of a permit for new or additional structures, equipment, appurtenances
or tangible property, then the Grantee Facilities shall have priority. These rules
governing preference shall continue in the event of the necessity of relocating or
changing the grade of any City road or right-of-way. A relocating utility shall not
necessitate the relocation of another utility that otherwise would not require
relocation. This Section shall not apply to any City facilities or utilities that may in
the future require the relocation of Grantee Facilities. Such relocations shall be
governed by Section 11.
B. Grantee shall maintain a minimum underground horizontal
separation of five (5) feet from City water facilities and ten (10) feet from above-
ground City water facilities; provided, that for development of new areas, the City,
in consultation with Grantee and other utility purveyors or authorized users of the
Public Way, will develop guidelines and procedures for determining specific utility
locations.
Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested of the City to coordinate municipal functions with Grantee’s
activities and fulfill any municipal obligations under state law. Said information
shall include, at a minimum, as-built drawings of Grantee Facilities, installation
inventory, and maps and plans showing the location of existing or planned
facilities within the City. Said information may be requested either in hard copy
or electronic format, compatible with the City’s data base system, as now or
hereinafter existing, including the City’s geographic information Service (GIS)
data base. Grantee shall keep the City informed of its long-range plans for
coordination with the City’s long-range plans.
DI.A Page 17 of 55
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Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 7 of 19
B. The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City.
Accordingly, the City agrees to notify the Grantee of requests for public records
related to the Grantee, and to give the Grantee a reasonable amount of time to
obtain an injunction to prohibit the City’s release of records.
Grantee shall indemnify and hold harmless the City for any loss or liability
for fines, penalties, and costs (including reasonable attorney’s fees) imposed on
the City because of non-disclosures requested by Grantee under Washington’s
open public records act, provided the City has notified Grantee of the pending
request and City acts in accordance with the provisions of Washington’s open
public records act.
Section 11. Relocation of Grantee Facilities
A. Except as otherwise so required by law, Grantee agrees to
relocate, remove, or reroute its facilities as ordered by the City at no expense or
liability to the City, except as may be required by RCW Chapter 35.99. Pursuant
to the provisions of Section 14, Grantee agrees to protect and save harmless the
City from any customer or third-party claims for service interruption or other
losses in connection with any such change, relocation, abandonment, or vacation
of the Pubic Way.
B. If a readjustment or relocation of the Grantee Facilities is
necessitated by a request from a party other than the City, that party shall pay
the Grantee the actual costs thereof.
Section 12. Abandonment and or Removal of Grantee Facilities
A. Within one hundred and eighty days (180) of Grantee’s permanent
cessation of use of the Grantee Facilities, or any portion thereof, the Grantee
shall, at the City’s discretion, either abandon in place or remove the affected
facilities.
B. The parties expressly agree that this Section shall survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
A. The parties agree that this Franchise does not limit the City’s
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
DI.A Page 18 of 55
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Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 8 of 19
B. Whenever the City requires the undergrounding of aerial utilities in
the Franchise Area, the Grantee shall underground the Grantee Facilities in the
manner specified by the City Engineer at no expense or liability to the City,
except as may be required by RCW Chapter 35.99. Where other utilities are
present and involved in the undergrounding project, Grantee shall only be
required to pay its fair share of common costs borne by all utilities, in addition to
the costs specifically attributable to the undergrounding of Grantee Facilities.
Common costs shall include necessary costs for common trenching and utility
vaults. Fair share shall be determined in comparison to the total number and
size of all other utility facilities being undergrounded.
Section 14. Indemnification and Hold Harmless
A. The Grantee shall defend, indemnify, and hold the City and its
officers, officials, agents, employees, and volunteers harmless from any and all
costs, claims, injuries, damages, losses, suits, or liabilities of any nature including
attorneys’ fees arising out of or in connection with the Grantee’s performance
under this Franchise, except to the extent such costs, claims, injuries, damages,
losses, suits, or liabilities are caused by the sole negligence of the City. Should a
court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent
negligence of the Grantee and the City, its officers, officials, employees, and
volunteers, the Grantee's liability hereunder shall be only to the extent of the
Grantee's negligence.
B. The Grantee shall hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Grantee Facilities caused
by maintenance and/or construction work performed by, or on behalf of, the City
within the Franchise Area or any other City road, right-of-way, or other property,
except to the extent any such damage or loss is directly caused by the
negligence of the City, or its agent performing such work.
C. The Grantee acknowledges that neither the City nor any other
public agency with responsibility for fire fighting, emergency rescue, public safety
or similar duties within the City has the capability to provide trench, close trench
or confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, shall make such arrangements as Grantee deems fit for the
provision of such services. The Grantee shall hold the City harmless from any
liability arising out of or in connection with any damage or loss to the Grantee for
the City’s failure or inability to provide such services, and, pursuant to the terms
of Section 14(A), the Grantee shall indemnify the City against any and all third-
party costs, claims, injuries, damages, losses, suits, or liabilities based on the
City’s failure or inability to provide such services.
DI.A Page 19 of 55
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 9 of 19
D. Acceptance by the City of any work performed by the Grantee shall
not be grounds for avoidance of this section.
E. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantee’s waiver of immunity
under Industrial Insurance, Title 51 RCW , solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this
Agreement.
Section 15. Insurance
A. The Grantee shall procure and maintain for the duration of this
Franchise, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work
hereunder by the Grantee, its agents, representatives, or employees in the
amounts and types set forth below:
1. Automobile Liability insurance covering all owned, non-
owned, hired, and leased vehicles with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident. Coverage shall
be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed
to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate and a
$2,000,000 products-completed operations aggregate limit. Coverage shall be
written on ISO occurrence form CG 00 01 or a substitute form providing
equivalent liability coverage and shall cover liability arising from premises,
operations, independent contractors, products-completed operations, stop gap
liability, and personal injury and advertising injury and liability assumed under an
insured contract. The Commercial General Liability insurance shall be endorsed
to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or a
substitute form providing equivalent liability coverage. There shall be no
endorsement or modification of the Commercial General Liability insurance for
liability arising from explosion, collapse, or underground property damage. The
City shall be named as an additional insured under the Grantee’s Commercial
General Liability insurance policy with respect to the work performed under this
Franchise using ISO Additional Insured Endorsement CG 20 10 10 01 and
Additional Insured-Completed Operations endorsement CG 20 37 10 01 or
substitute endorsements providing equivalent coverage.
DI.A Page 20 of 55
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 10 of 19
3. Professional Liability insurance with limits no less than
$1,000,000 per claim for all professional employed or retained Grantee to
perform services under this Franchise.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
5. Grantee may utilize primary and umbrella liability insurance
policies to satisfy the insurance policy limits required in this section.
B. The insurance policies are to contain, or be endorsed to contain,
the following provisions for Automobile Liability, Professional Liability, and
Commercial General Liability insurance:
1. The Grantee’s insurance coverage shall be primary
insurance as respects the City. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be in excess of the Grantee’s insurance
and shall not contribute with it.
2. The Grantee’s insurance shall be endorsed to state that
coverage shall not be cancelled by either party except after thirty (30) days’ prior
written notice by certified mail, return receipt requested, has been given to the
City.
C. Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best rating of not less than A:VII.
D. Verification of Coverage. Grantee shall furnish the City with
documentation of insurer’s A.M. Best rating and with original certificates and a
copy of amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the
Consultant before commencement of the work.
E. Grantee shall have the right to self-insure any or all of the above-
required insurance. Any such self insurance is subject to approval by the City.
F. Grantee’s maintenance of insurance as required by this Franchise
shall not be construed to limit the liability of Grantee to the coverage provided by
such insurance, or otherwise limit the City’s recourse to any remedy to which the
City is otherwise entitled at law or in equity.
Section 16. Performance Security
DI.A Page 21 of 55
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 11 of 19
The Grantee shall provide the City with a bond in the amount of Fifty Thousand
Dollars ($50,000) running for, or renewable for, the term of this Franchise, in a
form and substance acceptable to the City. In the event Grantee shall fail to
substantially comply with any one or more of the provisions of this Franchise,
then there shall be recovered jointly and severally from the principal and any
surety of such bond any damages suffered by City as a result thereof up to the
amount of Fifty Thousand Dollars ($50,000), and from the principal only any
damages suffered by the City in excess of the bond amount, including but not
limited to staff time, material and equipment costs, compensation or
indemnification of third parties, and the cost of removal or abandonment of
facilities hereinabove described. Grantee specifically agrees that its failure to
comply with the terms of Section 19 shall constitute damage to the City in the
monetary amount set forth therein. The amount of the bond shall not be
construed to limit the Grantee’s liability to the City for any damages suffered by
City as a result Grantee’s noncompliance, or otherwise limit the City’s recourse to
any remedy to which the City is otherwise entitled at law or in equity.
Section 17. Successors and Assignees
A. All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors and assigns of the Grantee, and
all rights and privileges, as well as all obligations and liabilities of the Grantee
shall inure to its successors and assignees equally as if they were specifically
mentioned herein wherever the Grantee is mentioned.
B. This Franchise shall not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance, which consent shall
not be unreasonably withheld, conditioned or delayed. Notwithstanding the
foregoing, no consent of the City or fee shall be required for Franchisee to assign
this Franchise to any entity under common control with, controlled by, or
controlling Grantee, or to any entity that acquires Grantee by merger, sale,
consolidation or otherwise, provided Grantee promptly notifies City of such
assignment, provides information regarding the nature of the relationship
between Grantee and the assignee, and provides a written agreement to the City
that the assignee is unconditionally assuming all of the terms of the Franchise
upon the effective date of the assignment.
C. Grantee and any proposed assignee or transferee shall provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer: (a) Complete information setting forth the nature, term and
conditions of the proposed assignment or transfer; (b) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (c) An application fee which shall be set by the City, plus any
other costs actually and reasonably incurred by the City in processing, and
DI.A Page 22 of 55
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 12 of 19
investigating the proposed assignment or transfer.
D. Prior to the City’s consideration of a request by Grantee to consent
to a Franchise assignment or transfer pursuant to paragraph B, the proposed
Assignee or Transferee shall file with the City a written promise to unconditionally
accept all terms of the Franchise, effective upon such transfer or assignment of
the Franchise. The City is under no obligation to undertake any investigation of
the transferor’s state of compliance and failure of the City to insist on full
compliance prior to transfer does not waive any right to insist on full compliance
thereafter.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising
by reason of this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement. The officers or representatives shall
meet within thirty (30) calendar days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to
achieve a resolution of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this
manner, either party may then pursue any available judicial remedies. This
Franchise shall be governed by and construed in accordance with the laws of the
State of Washington. In the event any mediation, suit, arbitration, or other
proceeding is instituted to enforce any term of this Agreement, the parties
specifically understand and agree that venue shall be exclusively in King County,
Washington. The prevailing party in any such action shall be entitled to its
attorneys’ fees and costs of suit, which shall be fixed by the judge hearing the
case, and such fees shall be included in the judgment.
Section 19. Enforcement and Remedies
A. If the Grantee shall willfully violate, or fail to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or should
it fail to heed or comply with any notice given to Grantee under the provisions of
this agreement, the City may, at its discretion, provide Grantee with written notice
to cure the breach within thirty (30) days of notification. If the City determines the
breach cannot be cured within thirty days, the City may specify a longer cure
period, and condition the extension of time on Grantee’s submittal of a plan to
cure the breach within the specified period, commencement of work within the
original thirty day cure period, and diligent prosecution of the work to completion.
If the breach is not cured within the specified time, or the Grantee does not
comply with the specified conditions, the City may, at its discretion, either (1)
DI.A Page 23 of 55
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 13 of 19
revoke the Franchise with no further notification, or (2) claim damages of Two
Hundred Fifty Dollars ($250.00) per day against the bond set forth in Section 16
for every day after the expiration of the cure period that the breach is not cured.
B. Should the City determine that Grantee is acting beyond the scope
of permission granted herein for Grantee Facilities and Grantee Services, the
City reserves the right to cancel this Franchise and require the Grantee to apply
for, obtain, and comply with all applicable City permits, franchises, or other City
permissions for such actions, and if the Grantee’s actions are not allowed under
applicable federal and state or City laws, to compel Grantee to cease such
actions.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Grantee shall comply with all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with
federal laws and regulations, affecting performance under this Franchise.
Furthermore, notwithstanding any other terms of this agreement appearing to the
contrary, the Grantee shall be subject to the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the
general public in relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any hereafter enacted, amended, or adopted federal or state statute
or regulation relating to the public health, safety, and welfare, or relating to
roadway regulation, or a City Ordinance enacted pursuant to such federal or
state statute or regulation upon providing Grantee with thirty (30) days written
notice of its action setting forth the full text of the amendment and identifying the
statute, regulation, or ordinance requiring the amendment. Said amendment
shall become automatically effective upon expiration of the notice period unless,
before expiration of that period, the Grantee makes a written call for negotiations
over the terms of the amendment. If the parties do not reach agreement as to
the terms of the amendment within thirty (30) days of the call for negotiations, the
City may enact the proposed amendment, by incorporating the Grantee’s
concerns to the maximum extent the City deems possible, in which event
Grantee may pursue any available remedies at equity or in law and/or Grantee
may terminate this Franchise within twenty (20) days of written notice to City.
Section 21. License, Tax and Other Charges
DI.A Page 24 of 55
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 14 of 19
This Franchise shall not exempt the Grantee from any future license, tax,
or charge which the City may hereinafter adopt pursuant to authority granted to it
under applicable state or federal law for revenue or as reimbursement for use
and occupancy of the Franchise Area.
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event shall
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
shall remain in effect.
Section 24. Titles
The section titles used herein are for reference only and should not be
used for the purpose of interpreting this Franchise.
Section 25. Implementation.
The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Section 26. 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: _____________________
________________________________
Nancy Backus, MAYOR
ATTEST:
DI.A Page 25 of 55
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 15 of 19
___________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid, City Attorney
Published: _________________
DI.A Page 26 of 55
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 16 of 19
DI.A Page 27 of 55
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 17 of 19
Exhibit B
Grantee Facilities
Fiber facilities in yellow are owned by Zayo re: Franchise Agreement No 12-41, Ord No
6452 and are being leased by tw telecom. tw telecom may obtain certain other facilities
from CenturyLink and others from time to time to provide service in the City of Auburn.
tw telecom may also install its own facilities in accordance with the terms and conditions
of this Ordinance.
DI.A Page 28 of 55
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 18 of 19
Exhibit C
Grantee Services
tw telecom offers integrated data services, dedicated internet access and
provides local and long distance voice services to commercial businesses.
DI.A Page 29 of 55
------------------------------
Ordinance No. 6506
Franchise Agreement No. 14-06
April 10, 2014
Page 19 of 19
EXHIBIT “D”
STATEMENT OF ACCEPTANCE
tw telecom of washington llc, for itself, its successors and assigns, hereby
accepts and agrees to be bound by all lawful terms, conditions and provisions of
the Franchise attached hereto and incorporated herein by this reference.
tw telecom of washington llc
by: tw telecom holdings inc.,
its sole member
By: Date:
Name:
Title:
ACKNOWLEDGEMENT
STATE OF COLORADO )
) ss.
COUNTY OF DOUGLAS )
I, , a Notary Public in and for the State of Colorado, do hereby
certify that __________________, ________________________ of tw telecom holdings inc., the sole
member of tw telecom of washington llc, did personally appear before me affixing his/her signature on the
attached document.
Sworn and Subscribed this day of ____________________, 2014.
Notary Public
My commission expires .
[SEAL]
DI.A Page 30 of 55
AGENDA BILL APPROVAL FORM
Agenda Subject:
Update Briefing Regarding Auburn Environmental Park
Restoration Efforts
Date:
April 23, 2014
Department:
Planning and Development
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
Reviewed by Council Committees:
Councilmember:Holman Staff:Andersen
Meeting Date:April 28, 2014 Item Number:DI.C
AUBURN * MORE THAN YOU IMAGINEDDI.C Page 31 of 55
AGENDA BILL APPROVAL FORM
Agenda Subject:
Floodplain Development Regulation Policy Discussion
Date:
April 23, 2014
Department:
Planning and Development
Attachments:
Memorandum
Floodplain Regulation Map
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Councilmember:Holman Staff:Andersen
Meeting Date:April 28, 2014 Item Number:DI.D
AUBURN * MORE THAN YOU IMAGINEDDI.D Page 32 of 55
Memorandum
DATE: April 24, 2014
TO: Auburn City Council Planning and Community Development Committee:
Councilmember John Holman, Chair
Councilmember Largo Wales, Vice Chair
Councilmember Yolanda Trout
FROM: Chris Andersen, CFM, Environmental Services Manager
CC: Nancy Backus, Mayor
Kevin H. Snyder, AICP, Community Development and Public Works Director
Jeff Tate, Assistant Director, Community Development
SUBJECT: Revised FEMA Model Ordinance Requirements and Options for Auburn’s
Flood Hazard Area Regulations
Briefing Purpose and Background
Purpose
Provide the Committee with information regarding policy options for the implementation of
amendments to the City’s Flood Hazard Area regulations adopted in 2010 to comply with the
National Marine Fisheries Service’s Biological Opinion issued for the National Flood Insurance
Program in Western Washington.
Background
The City of Auburn is a participating community in the National Flood Insurance Program
(NFIP). In 2008, the National Marine Fisheries Service (NMFS) issued a Biological Opinion
(NMFS, 2008; referred to in this memo as the “Bi-Op”) which concluded that continued
implementation of the NFIP in the Puget Sound (Western Washington) region adversely affects
the habitat of certain threatened and endangered species listed under the federal Endangered
Species Act (ESA). The Bi-Op required changes to the way the NFIP is implemented in order to
meet the requirements of the ESA.
DI.D Page 33 of 55
2
In 2010, a model floodplain management ordinance was published by the Federal Emergency
Management Agency (FEMA, 2010). FEMA developed the model ordinance to provide NFIP
communities with model language that could be adopted as part of a community’s local land use
and building regulatory codes to address the requirements of the Bi-Op. FEMA requires each
NFIP community to select one of the following three approaches for implementation of the Bi-
Op requirements, referred to as the “Three Doors Approach”:
· Door #1: Adoption of the provisions of the FEMA model ordinance (programmatic
approach);
· Door #2: Checklist (community by community approach); and
· Door #3: Permit by Permit Compliance (project by project approach)
In April 2010, the Auburn City Council adopted Ordinance No. 6295 incorporating the
provisions of the FEMA model ordinance into the City’s Flood Hazard Area regulations
(Chapter 15.68 ACC), and adopting a revised Regulatory Floodplain Map. The ordinance also
amended sections of City Code chapters 14.03, 16.10, 17.04, 17.09, 17.14, and 18.70.
The City’s amended Flood Hazard Area regulations were approved by FEMA on September 21,
2011, recognizing the City as a ‘Door 1’ community and providing the City with coverage under
the Endangered Species Act for its floodplain management activities (see attached for FEMA
concurrence letter).
In December 2013, FEMA notified the City that it had issued an updated Model Ordinance for
regulating floodplain development, and that the City would need to amend its regulations to
incorporate the provisions of the updated Model Ordinance in order to maintain its ‘Door 1’
status.
Summary of Key Changes in the 2013 revised Model Ordinance
The following is a summary of the nature of key changes associated with the 2013 revised Model
Ordinance. Each of these will be discussed further at the meeting on April 28th. The first two
changes present policy options for implementation, which are discussed further below. The
changes include:
· Definition of area to be regulated for floodplain development (see further discussion
below)
· Designation of Channel Migration Areas (see further discussion below)
· Additional information required on floodplain permit applications
· Establishing a minimum setback for structures of 15 feet from the Protected Area, or if
not met, a habitat assessment is required
· Revising the date for assessing cumulative improvements from April 2010 to September
2011; and
DI.D Page 34 of 55
3
· Increasing the requirements for what is to be addressed in Habitat Mitigation Plans
prepared for developments located outside of the Protected Area (Note: Does not change
the requirement of whether or not to prepare a Habitat Mitigation Plan).
Policy Options Associated with Key Changes in the Revised FEMA Model Ordinance
Both of the following policy issues are mapping-related. A copy of the City’s current regulatory
floodplain map is attached to this memorandum.
Key Model Ordinance Change No. 1 - Area to be Regulated
In the 2010 Model Ordinance used by the City for development of its current regulations, the
area specified to be regulated is the Special Flood Hazard Area (SFHZ) and all Protected Areas.
The 2013 revised Model Ordinance specifies that the area to be regulated is the SFHA (inclusive
of any Protected Areas that are located within the extent of the SFHA).
Discussion
Protected Areas include the FEMA-designated floodway, the Riparian Habitat Zone (RHZ), and
any mapped Channel Migration Areas (CMAs). The RHZ is a dimensioned zone adjacent to
rivers and streams located within the SFHA, and varies in width from 110 feet to 250 on each
side of the river of stream’s Ordinary High Water Mark (OHWM). In a number of cases in
Auburn, the extent of the RHZ reaches beyond the SFHA that the river or stream is located
within, resulting in a regulated area that includes the SFHA and the additional area of the RHZ
that occurs outside of the SFHA in which that reach of river or stream is located within. One
significant area where this occurs is along the western shoreline of the Green River, where there
are urban densities of existing single-family and multi-family residences. In a number of cases,
these RHZ areas outside of the SFHA are also located behind existing levees, or at elevations
that are not expected to experience flooding during the base flood (also referred to as the “100-
year” or “1% annual recurrence probability” flood).
While the primary purpose of regulating this RHZ area outside of the SFHA is to protect or
preserve critical floodplain habitat for federally-listed threatened and endangered species, many
of these areas have previously been heavily developed, and consist of structures, paved or other
impervious surfaces, and urban landscaping, and consequently offer little habitat value to aquatic
species.
Auburn also has a mapped CMA for the Green River that is presently included as part of its
regulatory floodplain as required by the original (2010) Model Ordinance. Similar to the RHZ,
the CMA also extends beyond the SFHA area in a number of areas within the City, and in many
cases portions of this area are also located behind existing levees.
The third element of the Protected Area, the FEMA-designated floodway, is in all cases located
within the FEMA-designated SFHA and therefore does result in any additional areas for
floodplain regulation beyond the SFHA under the City’s current regulations.
DI.D Page 35 of 55
4
Model Ordinance Policy Options
Option 1A. Continue to include the SFHZ and all Protected Areas in the City’s regulatory
floodplain subject to the City’s flood hazard regulations; or
Option 1B. Revise the regulatory floodplain to include the SFHA and the Protected Area as it
occurs within the SFHA.
Key Model Ordinance Change No. 2 – Designation of Channel Migration Area
The 2010 Model Ordinance required CMAs to be delineated as part of the regulatory floodplain
map, in any areas where channel migration zones had previously been mapped and adopted for
local regulatory purposes, with the addition of 50 feet. It further specified that if there was no
adopted channel migration zone map for a water body, that there was no requirement to prepare a
new delineation of a CMA for floodplain regulatory purposes.
The 2013 revised Model Ordinance specifies that where channel migration zone has not been
mapped/adopted by the community, that a floodplain permit applicant shall either designate the
entire SFHA as the channel migration zone, or conduct a study to identify the channel migration
area in accordance with FEMA’s Regional Guidance for Hydrologic and Hydraulic Studies. The
revised Model Ordinance also specifies that the floodplain administrator shall use the most
restrictive data available for determining the channel migration zone.
Discussion
At the time of the City’s 2010 flood hazard area amendments, the only established mapped
channel migration zone in Auburn was associated with the Green River (identified by a 1993
King County channel migration study). As a result, the only CMA that is designated on the
City’s current regulatory floodplain map is the Green River CMA. A channel migration zone has
not yet been mapped for the White River or Mill Creek, and there is therefore no CMA
designated or required to be evaluated for development applications in the SFHA for these water
bodies.
The revised Model Ordinance requires that for any floodplain permit application for
development located within the SFHA where a CMA has not yet been mapped (White River
SFHA, Mill Creek SFHA, and portions of Green River SFHA), the applicant has the option of
treating the entire SFHA within the project area as a CMA, or to submit a special
hydrologic/hydraulic study that establishes the location of the CMA pursuant to FEMA’s
technical criteria.
Model Ordinance Policy Options
Option 2A. Provide development applicants within the floodplain the option to either provide a
special study that locates the CMA for their proposed development site as described in the
revised Model Ordinance; or
DI.D Page 36 of 55
5
Option 2B. Designate that all areas in the SFHA for which no CMA has been mapped shall
meet the requirements for a CMA (i.e. all SFHAs without a mapped CMA would be
automatically included as part of the Protected Area).
Additional information regarding the revised Model Ordinance requirements and policy options
listed above will be provided for at the briefing for Committee consideration and discussion.
Floodplain Acronyms and Abbreviations
ACC Auburn City Code
Bi-Op Biological Opinion issued by NMFS in 2008 for NFIP
CMA Channel Migration Area
ESA Endangered Species Act
FDP Floodplain Development Permit
FEMA Federal Emergency Management Agency
FEMA Region X FEMA regional district serving the states of AK, ID, OR, and WA
NFIP National Flood Insurance Program
OHWM Ordinary High Water Mark
PCDC Auburn City Council Planning and Community Development Committee
RHZ Riparian Habitat Zone
SFHA Special Flood Hazard Area
DI.D Page 37 of 55
TS18
TS18
TS167
TS167
A ST SEC ST SW
B ST NW
I ST NE
AUBURN WAY S
M ST SE
AUBURN WAY N
51ST AVE S
124TH AVE SE
R ST SE
WEST VALLEY HWY N
132ND AVE SE
C ST NW
W MAIN ST E M AIN ST
29TH ST SE
112TH AVE SE
41ST ST S E
KERSEY WAY SE
SE 312TH ST
8T H ST NE
37TH ST NW
ORAVETZ RD SE
M ST NE
LAKEL
A
N
D
H
I
L
L
S
W
A
Y
S
E
D
S
T
NW
4T H ST SE
15TH ST NW
A ST NE
L A K E TAPPS PKWY SE
WEST VALLEY HWY S
LEA HIL L R D S E
EMERALD DOWNS DR NW
37TH ST NE
S 316TH ST
S 277TH ST
321ST ST S
D ST NE
P
E
A
S
L
E
Y
C
A
N
Y
O
N
R
D S
EA
S
T VAL
L
EY
HW
Y
S
E
HARVEY RD NE
RIVERWALK DR SE
15T H ST NE
15T H ST SW
BOU NDARY BLV D SW
AUBURN-BLACK DIAMOND RD SE
A ST NW
AUBURN AVE NE
TERRACE DR NW
ELLINGSON RD SW
SE 281ST ST
SUMNER-TAPPS HWY E
O ST SW
S E 3 0 4 T H S T
17T H ST SE
6TH ST SE
3 R D S T SW
10TH ST NE
13 2 N D W AY SE16TH ST NW
SE 320TH ST
A ST SE
R ST SE
S 277TH ST
124TH AVE SE
PEASLEY C A NYON RD S
AUBURN-BLACK DIAMOND RD SE
Maps generally depict regulatory floodplain boundaries in the Cityof Auburn. All boundaries are approximate and are subjectto change with additional data. Maps do not include critical areasor shoreline data. Please note for mapping and reference purposessome data is shown beyond Auburn City Limits; however,City of Auburn Regulatory Floodplain does not extend toareas outside the City. Information shown is for general reference purposes only and does not necessarily representexact geographic or cartographic data as mapped. Actual Regulatory Floodplain boundaries will be determined by City of Auburn Ordinance #6295, associated City Code sections, and FEMA guidance documents.
¬Map ID: 3433Printed On: 04/12/10
City of Auburn Regulatory Floodplain
0 800 1,600 2,400 3,200 4,000
FEET
Auburn City Limits
Parcels
Streams
FLOODWAY
Riparian Habitat Zone (RHZ)
Channel Migration Area (CMA)
FEMA 100 Year Floodplain
Regulatory Floodplain: The Regulatory Floodplain is composed of the Special Flood Hazard Area and the Protected Area asshown below.
Special Flood Hazard Area (SFHA)
Protected Are as
1. FEMA 100 Year Floodplain and Floodway: FEMA Flood Insurance Rate Maps (1987 Pierce County, 1995 King County)2. Riparian Habitat Zone: City of Auburn Ordinance #6295 (2010) 3. Channel Migration Area: King County Green RiverChannel Migration Zone Study (1993) and City of Auburn Ordinance #6295 (2010)
Data Source:
Noter:
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DI.D Page 38 of 55
AGENDA BILL APPROVAL FORM
Agenda Subject:
Communal Residences
Date:
April 23, 2014
Department:
Planning and Development
Attachments:
Memorandum
Exhibit A
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Councilmember:Holman Staff:Tate
Meeting Date:April 28, 2014 Item Number:DI.E
AUBURN * MORE THAN YOU IMAGINEDDI.E Page 39 of 55
MEMORANDUM
TO: Councilmember John Holman, Chair, Planning and Community Development
Committee
Councilmember Largo Wales, Vice Chair, Planning and Community
Development Committee
Councilmember Yolanda Trout, Planning and Community Development
Committee
CC: Mayor Backus
FROM: Jeff Tate, Assistant Director of Community Development Services
DATE: April 22, 2014
RE: Status Report on Rental/Communal Housing – Spring 2014
Background
Ordinance 6477, passed by City Council on September 3, 2013, establishes rules and
procedures that regulate the renting of homes within residential zoning designations.
Highlights of the ordinance include:
· Definition of a communal residence – a dwelling, without an owner occupant, that
is rented to a group of unrelated individuals.
· Communal residences within residential zones with 4 or fewer unrelated individuals
are permitted with a City of Auburn Business License; Communal residences with
more than 4 unrelated individuals may be permitted as a conditional use.
· No grandfather clause. Rentals operating as a communal residence were to become
compliant by December 31, 2013.
· Communal residences are subject to an annual inspection.
On January 22, 2014 staff provided PCDC with an update of implementation actions that
occurred between September and December 2013, the additional outreach actions that were
to occur between January and March 2014, and actions that are ongoing beyond March
2014. Because of the amount information contained in the January 22, 2014 memo, it is
attached as Exhibit A.
Update of Actions Since January 22, 2014
During the 1st quarter of 2014 staff has focused on two general areas of compliance. The
first area of focus is responding to applications that have been submitted by property
owners who are seeking the necessary permits and approvals to register their rental and/or
communal residence with the City. The second area of focus pertains to collecting
information about properties that are potential compliance priorities. Both of these efforts
are further described below.
DI.E Page 40 of 55
Applications Under Review
· In 2014 the City received 8 applications for communal residences. 4 applications
have been approved, 1 has been withdrawn, and 3 are still under review. Of the 3
that are still under review, 2 include requests for Conditional Use Permit approval
to allow more than 4 tenants within a communal residence.
· 6 of the 8 applications submitted for review have previously been investigated by
code enforcement due to concerns over unpermitted structural conversions and/or
over crowding.
· 7 of the 8 applications are for properties on Lea Hill that are within close proximity
to Green River Community College.
Compliance Priorities
· City staff has identified 34 additional properties that deserve further investigation.
All 34 properties are located on Lea Hill and most are within one mile of Green
River Community College.
· The 34 properties were identified utilizing a number of sources of information and
evidence. Those sources are as follows:
o Green River Community College roster list. GRCC has provided the City with
a list of their international student body that can be sorted in a manner that
allows staff to compare unique student identification numbers with physical
addresses (student names are redacted from the information provided to the
City). Analyzing this data has revealed as many as 8 student identification
numbers attached to one address.
o Prior code enforcement cases. Staff has queried the code enforcement database
so that complaints that could not be previously addressed are added to the list.
o Postings on Craigslist which advertise houses and rooms for rent that also
describe the number of rooms in a house, number of rooms that are available for
rent, the number of occupants, and the terms of renting the house or room.
· Staff has divided the list of 34 properties into four levels of priority. 6 of the
properties are listed as Priority 1 properties because they appear to have between at
least 4 and 8 occupants and there is substantial evidence documenting that they are
functioning as a communal residence (e.g. Craiglist ads, emails from the property
owner describing terms, etc.). Priority 2 properties include an additional 4
properties because GRCC information suggests that there are at least 4 tenants in
the home. There are 8 properties on the Priority 3 list that appear to have 3 tenants.
And there are 16 properties on the Priority 4 list which either appear to have 2
tenants or because there are other leads that suggest that the property is being used
as a rental.
Next Steps
1. Continue to process applications submitted by property owners.
2. Initiate compliance efforts with Priority 1 properties followed by Priority 2, 3, and 4.
DI.E Page 41 of 55
MEMORANDUM
TO: Councilmember John Holman, Chair, Planning and Community Development
Committee
Councilmember Largo Wales, Vice-Chair, Planning and Community Development
Committee
Councilmember Yolanda Trout, Member, Planning and Community Development
Committee
CC: Mayor Nancy Backus
Kevin Snyder, Community Development and Public Works Director
FROM: Jeff Tate, Assistant Director of Community Development
Elizabeth Chamberlain, AICP, Planning Services Manager
DATE: January 22, 2014
RE: Status Report on Rental Housing and Ordinance No. 6477 Implementation
Background
During 1st quarter 2013, the City was approached by community members regarding rental
housing primarily in the vicinity of Green River Community College. Some of the issues rasied
were:
• Parking impacts,
• Unpermitted conversion of garages to living space,
• Overcrowding of single family homes with too many occupants,
• Lack of proper solid waste management,
• Noise impacts, and
• An overall conversion of single family residences to rentals.
Staff began working with the PCDC and Planning Commission on regulations to address rental
housing and Ordinance No. 6477 was passed by the City Council on September 3, 2013.
Highlights from the new regulations are:
• Definition of communal residence – a dwelling, without an owner occupant, that is rented
to a group of unrelated individuals.
• Permitting communal residences within residential zones with 4 or less unrelated
individuals and communal residences with more than 4 unrelated individuals as
conditional uses (a conditional use permit is required)
• No “grandfather” clause. Rentals operating as a communal residence were to become
compliant by December 31, 2013.
• Requiring an annual inspection of communal residences.
DI.E Page 42 of 55
Implementation Overview
September 2013 to December 2013
Upon adoption of Ordinance No. 6477 staff completed the following implementation tasks:
• Mailed out notice to all parties who own property in the south Lea Hill community
(Attachment A). The mailed notice was sent to the owner of all properties located within
city limits south of SE 304th Street. Staff chose this boundary under the assumption that
most communal residences within the city were located within about a mile of Green
River Community College. Concurrent with the mailed notice was a feature article in the
September 12, 2013 Auburn Reporter (Attachment B).
• Developed a new rental housing business application form (Attachment C). The form
asks a number of new questions about rental housing units that can be used to better
understand if it is operating as a communal residence. Additionally, the new form
requires that a new and unique business license number be assigned to each rental
property (historically, the City would assign a license holder with one business license
number irrespective of how many properties they were renting out). This change will
allow the City to better track and quantify the number of rental houses and communal
residences within the City. In particular, this will aid in our ability to track annual
inspections for individual properties. The application form also requires the property
owner to sign an acknowledgement that they have read specific City rules that they are
responsible for adhering to. This is particularly useful if City Code Enforcement is asked
to visit a property in response to a complaint.
• Development of a rental housing inspection checklist (Attachment D). This checklist will
be utilized by City inspectors who perform the required annual building inspection. The
inspection checklist prompts the inspector to note important information about the living
conditions of the home, a general life safety evaluation, observations pertaining to
unpermitted interior conversions, and information about the number of people who are
living in the home.
• Development of a rental housing webpage. The initial purpose of the webpage was to
provide supplemental information to all recipients of the Lea Hill mailer. The webpage
contained more detailed information about the updated regulations, staff contact
information for those who had questions, fee information and updated rental housing
business license application forms. The webpage also includes a dedicated email
address (rentals@auburnwa.gov) where residents, owners and tenants can direct
questions about the program. All email inquiries are directed to multiple staff who
understand the program and are able to answer questions.
• Coordination with Green River Community College. In December, GRCC provided the
City with a student body list that redacted actual identity of individuals. Instead, the list
provides a unique student identification number (SID) and a physical address. This
information allows staff to identify individual properties that have multiple SID’s assigned
to them. The December list included information about the college’s fall enrollment.
This allowed City staff to analyze the data and ask questions of GRCC staff about how
to interpret the data. GRCC is scheduled to provide the City with an updated winter
enrollment list by the end of January. It is this list that staff will utilize in the next phase
of implementation described below.
• Prior to January 1, 2014 the City received several inquiries regarding the program. The
City learned that several other jurisdictions were evaluating the City of Auburn program
and were moving forward with their own version. The City fielded several phone calls,
DI.E Page 43 of 55
emails, and counter inquiries from residents and property owners alike. Based on the
ordinance’s stated compliance deadline of December 31, 2013 City staff did not initiate
any code enforcement actions during this compliance timeframe. While the number of
inquiries regarding the program was quite high, the City only received 1 Conditional Use
Permit (to establish a communal residence with more than 4 residents) and 3 business
license applications to establish a communal residence (2 of which are on Lea Hill).
Additionally, between September 1st and December 31st we received 10 non-communal
residence rental housing business license applications on Lea Hill.
January 2014 to March 2014
• Phase 2 Outreach: utilizing the data we received from GRCC, the data that we pull from
our enforcement files over the last few years, and advertisements that have been posted
around the community, staff will identify properties that may be operating a communal
residence. Staff will compare this information against the business licensing database in
order to identify which properties have existing rental housing business licenses, which
properties have communal residence licenses, and which properties lack any licensing
data. Staff will also compare this list against the mailing list that notified property owners
of the rules that were adopted by Council in September 2013. Staff will utilize this list as
the initial follow up contact list. Staff will contact property owners directly via telephone,
mail, and/or personal visit. The purpose of this initial interaction will be to ask the
property owner if they are aware of the new rules and if they have any questions about
the new rules. Depending upon their licensing status, staff will explain why the property
owner is being approached (e.g. data suggests that multiple non-related people are
living together, we have obtained a flyer advertising availability of their home for rent,
etc.) and remind the property owner of their obligations under the law.
• Staff will also further develop the City webpage so that it contains more resources as
they are developed, implemented, and refined. During previous PCD meetings staff
made reference to the webpage developed by the City of Boston. Staff will continue to
migrate towards this model which establishes a specific page for tenants who need
resources, a separate page for property owners, and a separate page for neighbors.
Post March 2014
• On a quarterly basis staff will obtain student enrollment information from GRCC and filter
the list to help identify other properties that may require proactive outreach.
• Staff will respond to complaints that are received by neighbors. When staff receives a
complaint regarding a property that has not appeared on any of the list outlined above
our first contact will rely upon education and offers of assistance to help bring the
property into compliance. If the complaint is for a property that appears on the list
outlined above code enforcement staff will initiate a formal enforcement process (e.g.
“Notice to Correct”).
• Every November the City mails out business license renewal notifications. Staff will be
pulling the rental housing and communal housing license renewals and adding
supplemental information that reminds property owners of the requirements and
limitations of the program. This annual task will provide one more opportunity for
ongoing communication and education.
DI.E Page 44 of 55
Discussion:
1. Are there other steps and/or actions that should be added to the approach outlined
above?
2. Does PCD concur with the enforcement approach highlighted above? This approach
relies upon education and voluntary compliance when it is the first or second time we
have interacted with a property owner. Once staff can reasonably determine that the
property owner had opportunities to comply and chose not to, the enforcement approach
shifts to the more formalized Notice to Correct, Notice to Infract, and/or Notice of Penalty
procedures outlined in Chapter 1.25 ACC.
DI.E Page 45 of 55
AGENDA BILL APPROVAL FORM
Agenda Subject:
Downtown Parking Management Plan
Date:
April 23, 2014
Department:
Planning and Development
Attachments:
Memorandum
Exhibit A
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Councilmember:Holman Staff:Tate
Meeting Date:April 28, 2014 Item Number:DI.F
AUBURN * MORE THAN YOU IMAGINEDDI.F Page 46 of 55
MEMORANDUM
TO: Councilmember John Holman, Chair, Planning and Community Development
Committee
Councilmember Largo Wales, Vice-Chair, Planning and Community Development
Committee
Councilmember Yolanda Trout, Member, Planning and Community Development
Committee
CC: Mayor Nancy Backus
Kevin Snyder, Community Development and Public Works Director
FROM: Jeff Tate, Assistant Director of Community Development
Elizabeth Chamberlain, AICP, Planning Services Manager
DATE: April 23, 2014
RE: Status Report on The Downtown Parking Management Plan and Resolution No.
5031 Implementation
Background
City Council adopted Resolution 5031 on February 3, 2014 which enacted a Downtown Parking
Management Plan. The Plan provides for near-term, short-term, and long-term parking
management strategies that should be implemented in order help balance the parking needs for
residents, employees and visitors to the downtown area.
In addition to the Parking Management Plan the City also administers a parking permit program
whereby a limited number of parking spaces are made available to downtown residents and
employees who pay $10 per month for a parking permit. With the parking permit displayed the
permit holder is allowed to park within designated city owned parking spaces. The following
summary provides an overview of actions and updates pertaining to each of these programs.
Parking Management Plan
During the April 14, 2014 PCD meeting staff handed out a schedule that outlines a series of
actions that will be initiated during the remainder of 2014. The action items are consistent with
the near-term, short-term and long-term goals established in the plan. The schedule is attached
as Exhibit A.
Parking Permit Program
The traditional parking permit program has served commuters seeking to use Sounder,
residents who live downtown, and employees who work downtown. At the end of 2013 the City
sold two city blocks that had previously been used for downtown permit parking. These blocks
DI.F Page 47 of 55
served primarily the commuter permit holders. Fortunately, the new property owner has
continued offering use of their property as a parking option for commuters (subject to obtaining
a permit from Diamond Parking). While the transition of this property from the city to the new
owner presented a modest amount of confusion or frustration the program is working for
commuters and, for the short term, has resulted in an increase in the available parking supply
since the new owner is allowing more of the property to be utilized.
As a result of the sale of the two city blocks the City’s parking permit program has narrowed to
serve only downtown residents and employees who work downtown. Initially, the availability of
parking permits was restricted due to the long standing policy of limiting the total number of
permits sold to the exact number of spaces available. This policy created some negative
feedback because the demand for parking permits was greater than the supply. In response to
this feedback staff conducted an analysis of the parking permit database and learned that
roughly half of the permits sold were to residents who need parking during the evening hours
and the other half were sold to downtown employees who need parking during normal business
hours. This information resulted in a change to the internal policy in a manner that allows for
additional permits to be sold since the same parking space can serve two customers need
access to it at different times of the day. This medication in policy has temporarily satisfied the
previous concerns and addressed the demand.
Additional Items
After the City swapped parking spaces with Chase Bank there were a few concerns expressed
over the impact of that action on the available public 3 hour parking. In response from a request
by City staff, Chase has since notified the City that it will make their parking available to the
general public during weekends and after bank hours in order to help mitigate any perceived
impacts.
DI.F Page 48 of 55
2014 CDPMP Implementation Tasks APR MAY JUN JUL AUG SEP OCT NOV DEC
Implement 3 Hour Parking
Inventory existing parking signs
Confirm parking sign design
Put up updated parking signs
Conduct outreach for 3-hour parking
Develop temporary day pass program
Expand Residential Parking Zones (RPZs)
Revise ACC 10.36 - Stopping, Standing, and Parking for 3 Hour
Parking + Admin. Authority
Confirm buy-in from Mayor
Departmental review of revised ACC 10.36
Council Committees
City Council
Update Website
Revise Downtown page
Include Downtown parking as quick-link
Upload revised Downtown parking map
Develop and insert interactive Downtown parking map
Identify City Contact for Parking
Set up parking email address
Identify parking stakeholders -internal
Identify parking stakeholders -external
Conduct outreach for City parking contact
Define responsibilties
Short Term Recommended Actions
DI.F Page 49 of 55
AGENDA BILL APPROVAL FORM
Agenda Subject:
PCDC Status Matrix
Date:
April 23, 2014
Department:
Planning and Development
Attachments:
PCDC Status Matrix
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
Reviewed by Council Committees:
Councilmember:Holman Staff:Tate
Meeting Date:April 28, 2014 Item Number:DI.H
AUBURN * MORE THAN YOU IMAGINEDDI.H Page 50 of 55
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Page 2
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11
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13
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7/
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14
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15
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Page 3
To
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18
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a
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e
Up
d
a
t
e
a
n
n
u
a
l
l
y
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d
e
d
a
s
p
a
r
t
o
f
t
h
e
c
o
m
p
r
e
h
e
n
s
ive plan update process.
Ci
t
y
C
o
u
n
c
i
l
a
d
o
p
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e
d
O
r
d
i
n
a
n
c
e
n
o
.
6
4
8
9
,
t
h
e
2
0
1
3
C
omprehensive Plan
Am
e
n
d
m
e
n
t
s
a
t
t
h
e
1
2
-
2
-
1
3
C
i
t
y
C
o
u
n
c
i
l
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e
e
t
i
n
g
.
20
F
e
e
d
i
s
c
u
s
s
i
o
n
s
T
B
D
Ta
t
e
/
Ch
a
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r
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a
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Co
m
m
i
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e
d
i
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i
o
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o
n
s.
DI
.
H
Pa
g
e
5
3
o
f
5
5
Ap
r
i
l
2
8
,
2
0
1
4
Page 4
To
p
i
c
/
I
s
s
u
e
Ne
x
t
o
n
P
C
D
St
a
f
f
/
C
o
u
n
c
i
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Le
a
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Co
m
m
e
n
t
s
UP
D
A
T
E
S
A
N
D
B
R
I
E
F
I
N
G
S
21
E
c
o
n
o
m
i
c
D
e
v
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l
o
p
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n
t
U
p
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a
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r
An
E
c
o
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c
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l
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p
d
a
t
e
w
a
s
p
r
o
v
i
d
e
d
t
o
t
h
e
Committee on 4-14-14,
fu
t
u
r
e
b
r
i
e
f
i
n
g
s
w
i
l
l
b
e
p
r
o
v
i
d
e
d
a
s
n
e
e
d
e
d
.
22
Mu
c
k
l
e
s
h
o
o
t
T
r
i
b
e
TB
D
T
a
t
e
St
a
f
f
t
o
s
t
a
y
i
n
t
o
u
c
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w
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t
h
P
l
a
n
n
i
n
g
D
e
p
t
.
a
n
d
k
e
e
p
coordination &
co
m
m
u
n
i
c
a
t
i
o
n
o
p
e
n
w
i
t
h
T
r
i
b
e
.
T
h
e
C
i
t
y
m
e
t
w
i
t
h
t
he Muckleshoot Tribe on
11
-
1
9
-
1
3
.
23
T
h
e
A
D
A
Sp
r
i
n
g
20
1
5
Ch
a
m
b
e
r
l
a
i
n
Th
e
A
u
b
u
r
n
D
o
w
n
t
o
w
n
A
s
s
o
c
i
a
t
i
o
n
p
r
o
v
i
d
e
d
a
n
u
p
d
a
t
e
at the 04-14-14 meeting
an
d
w
i
l
l
r
e
t
u
r
n
i
n
t
h
e
s
p
r
i
n
g
o
f
2
0
1
5
f
o
r
t
h
e
i
r
a
n
n
ual update.
24
A
m
t
r
a
k
T
B
D
M
a
y
o
r
B
a
c
k
u
s
Ci
t
y
t
r
a
c
k
i
n
g
p
o
t
e
n
t
i
a
l
s
t
a
t
i
o
n
s
t
o
p
s
e
x
p
a
n
s
i
o
n
s
t
u
dy by Amtrak. Public Works
st
a
f
f
p
r
o
v
i
d
e
d
a
n
u
p
d
a
t
e
a
t
t
h
e
C
o
m
m
i
t
t
e
e
’
s
3
-
2
5
-
1
3
meeting, the WSDOT
st
a
t
i
o
n
s
t
o
p
e
x
p
a
n
s
i
o
n
f
e
a
s
i
b
i
l
i
t
y
s
t
u
d
y
i
s
e
x
p
e
c
t
e
d to be complete in June,
20
1
3
.
C
o
u
n
c
i
l
p
a
s
s
e
d
R
e
s
o
l
u
t
i
o
n
N
o
.
4
9
4
9
s
u
p
p
o
r
t
i
n
g an Amtrak stop in
Au
b
u
r
n
.
25
L
e
s
G
o
v
e
C
o
m
m
u
n
i
t
y
C
a
m
p
u
s
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B
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a
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vi
d
e
a
b
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f
i
n
g
a
s
n
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e
d
e
d
.
26
Fl
o
o
d
p
l
a
i
n
p
r
o
g
r
a
m
s
–
N
F
I
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a
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d
CR
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Ap
r
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l
2
8
A
n
d
e
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On
2
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4
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s
t
a
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f
p
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d
a
n
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p
d
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o
n
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C
i
t
y
’
s
F
loodplain Development
Re
g
u
l
a
t
i
o
n
s
a
n
d
w
i
l
l
r
e
t
u
r
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o
n
4
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2
8
-
1
4
f
o
r
a
n
u
p
d
a
t
e.
CR
S
:
S
t
a
f
f
i
s
e
v
a
l
u
a
t
i
n
g
t
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2
0
1
3
c
h
a
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e
s
t
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C
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p
r
ogram requirements
an
d
d
e
v
e
l
o
p
i
n
g
p
o
l
i
c
y
o
p
t
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o
n
s
f
o
r
t
h
e
C
o
m
m
i
t
t
e
e
t
o
consider for City’s future
ap
p
r
o
a
c
h
t
o
C
R
S
p
a
r
t
i
c
i
p
a
t
i
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n
.
NF
I
P
-
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S
A
:
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i
t
y
h
a
s
r
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e
i
v
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n
o
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’
s
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p
lain ordinance
ha
s
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d
a
n
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e
w
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t
y
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g
u
l
a
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m
u
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t
b
e
a
dopted and submitted to
FE
M
A
.
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t
a
f
f
i
s
p
r
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p
a
r
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n
g
a
m
e
n
d
m
e
n
t
s
t
o
t
h
e
C
i
t
y
’
s
r
egulations to meet this
re
q
u
i
r
e
m
e
n
t
.
DI
.
H
Pa
g
e
5
4
o
f
5
5
Ap
r
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l
2
8
,
2
0
1
4
Page 5
To
p
i
c
/
I
s
s
u
e
Ne
x
t
o
n
P
C
D
St
a
f
f
/
C
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a
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Co
m
m
e
n
t
s
27
En
v
i
r
o
n
m
e
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t
a
l
R
e
s
t
o
r
a
t
i
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Pr
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Sp
r
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g
20
1
5
An
d
e
r
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n
On
4
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4
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t
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p
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C
i
t
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n
v
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r
onmental restoration
pr
o
j
e
c
t
s
p
l
a
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e
d
a
n
d
i
n
p
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g
r
e
s
s
f
o
r
2
0
1
4
,
a
n
d
w
i
l
l
return in the Spring of 2015
fo
r
a
n
u
p
d
a
t
e
.
CP
1
0
1
6
:
F
e
n
s
t
e
r
P
h
a
s
e
2
L
e
v
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e
S
e
t
b
a
c
k
-
R
e
v
i
s
e
d
p
r
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l
i
m
i
n
a
r
y design has
be
e
n
a
p
p
r
o
v
e
d
b
y
t
h
e
W
a
s
h
i
n
g
t
o
n
S
t
a
t
e
S
a
l
m
o
n
R
e
c
o
v
e
ry Funding Board
(S
R
F
B
)
.
P
r
o
j
e
c
t
p
r
o
c
e
e
d
i
n
g
t
o
f
i
n
a
l
d
e
s
i
g
n
a
n
d
c
o
n
s
truction.
CP
0
7
4
6
:
M
i
l
l
C
r
e
e
k
W
e
t
l
a
n
d
5
K
R
e
s
t
o
r
a
t
i
o
n
-
S
t
a
f
f
i
s
w
o
r
k
i
ng with Army Corps
to
c
o
m
p
l
e
t
e
9
5
%
-
d
e
s
i
g
n
a
n
d
p
r
e
p
a
r
e
d
r
a
f
t
P
r
o
j
e
c
t
P
a
rtnership Agreement
(P
P
A
)
f
o
r
C
o
m
m
i
t
t
e
e
r
e
v
i
e
w
.
O
n
A
p
r
i
l
7
,
2
0
1
4
,
t
h
e
City was notified that it has
be
e
n
s
e
l
e
c
t
e
d
t
o
r
e
c
e
i
v
e
a
n
a
d
d
i
t
i
o
n
a
l
$
5
3
2
,
0
0
0
i
n
state floodplain management
gr
a
n
t
f
u
n
d
s
f
o
r
t
h
i
s
p
r
o
j
e
c
t
.
CP
1
3
1
5
:
C
i
t
y
W
e
t
l
a
n
d
M
i
t
i
g
a
t
i
o
n
–
D
e
s
i
g
n
a
n
d
c
o
n
s
t
r
u
c
t
i
o
n
of compensatory
we
t
l
a
n
d
m
i
t
i
g
a
t
i
o
n
i
n
t
h
e
A
u
b
u
r
n
E
n
v
i
r
o
n
m
e
n
t
a
l
P
a
r
k
is ongoing.
28
Do
w
n
t
o
w
n
P
a
r
k
i
n
g
Ma
n
a
g
e
m
e
n
t
P
l
a
n
Ap
r
i
l
2
8
Ch
a
m
b
e
r
l
a
i
n
/
Ya
o
Re
s
o
l
u
t
i
o
n
N
o
.
5
0
3
1
,
t
h
e
C
o
m
p
r
e
h
e
n
s
i
v
e
D
o
w
n
t
o
w
n
P
a
r
king Management Plan
wa
s
a
d
o
p
t
e
d
b
y
C
i
t
y
C
o
u
n
c
i
l
o
n
2
-
3
-
1
4
.
S
t
a
f
f
p
r
e
s
e
n
ted an overview and
op
t
i
o
n
s
p
e
r
t
a
i
n
i
n
g
t
o
t
h
e
C
i
t
y
a
d
m
i
n
i
s
t
e
r
e
d
p
a
r
k
i
n
g
permit program. The parking
pe
r
m
i
t
p
r
o
g
r
a
m
w
i
l
l
b
e
b
l
e
n
d
e
d
i
n
t
o
t
h
e
C
D
P
M
P
.
S
t
a
ff will provide monthly
br
i
e
f
i
n
g
s
o
n
t
h
e
d
e
v
e
l
o
p
m
e
n
t
a
n
d
i
m
p
l
e
m
e
n
t
a
t
i
o
n
o
f
parking management
st
r
a
t
e
g
i
e
s
.
29
C
o
m
m
u
n
a
l
R
e
s
i
d
e
n
c
e
s
A
p
r
i
l
2
8
Ch
a
m
b
e
r
l
a
i
n
/
Ta
t
e
Or
d
i
n
a
n
c
e
N
o
.
6
4
7
7
w
a
s
a
d
o
p
t
e
d
b
y
C
i
t
y
c
o
u
n
c
i
l
o
n
9
-3-13. A website posting
th
e
r
e
n
t
a
l
h
o
u
s
i
n
g
c
o
d
e
s
w
e
n
t
l
i
v
e
o
n
t
h
e
C
i
t
y
w
e
b
s
ite 9-10-13 and notification
ma
i
l
i
n
g
s
w
e
r
e
s
e
n
t
t
o
L
e
a
H
i
l
l
r
e
s
i
d
e
n
t
s
.
C
i
t
y
d
o
c
uments continue to be
up
d
a
t
e
d
a
s
n
e
e
d
e
d
.
S
t
a
f
f
w
i
l
l
r
e
t
u
r
n
t
o
P
C
D
C
i
n
A
p
ril to provide an update.
DI
.
H
Pa
g
e
5
5
o
f
5
5