HomeMy WebLinkAbout06-16-2014 CITY COUNCIL AGENDA MODIFICATION * �*
CITYOF_—� /*
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TO: Members of the City Council
Mayor Backus
Department Directors
FROM: Danielle Daskam, City Clerk
SUBJECT: Agenda Modification
DATE: June 16, 2014
The June 16, 2014, City Council agenda is modified as follows:
IV. CONSENT AGENDA
Public Works Project No. CP 1122 is added to the Consent Agenda.
D. Public Works Project No. CP1122* (Osborne/Snyder
City Council grant permission to advertise for bids for Project No.
CP1122, 30�h Street NE Area Flooding — Phase 1.
VIII. RESOLUTION
The following resolution is added to the agenda.
E. Resolution No. 5079• (Holman/Snyder/Heid)
A Resolution of the City Council of the City of Auburn,
Washington, establishing a moratorium on acceptance or
processing of applicaEions for business licenses and
other licenses, permits and approvals for communal
residential rental housing
*
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/�� : � '� AGENDA BILL APPROVAL FORM
ASH WGTON
Agenda Subject: Public Works Project No. CP 1122 Date: June 16, 2014
DepaRment: Attaehments: Budget Impact:
Corrimunity Development 8 Budget Status SFieet 8 Vicinity Map
Public Works
Administrative Recommendation:
City Council grant permission to advertise for bids for Project No. CP1122, 30'" Street NE Area Flooding—
Phase 1.
Background Summary:
The purpose of this project is to design and construct a new 42-inch storm line from the northwest corner
of the airport prbperty to the existing Brannan Park Pump Station. The pipe will replace the existing 30-
inch storm pipe generally located along 30th Street NE and the northerly boundary of Brannan Pa�k. The
project will relieve street flooding that results from the limited capacitjr of the existing 30-inch line to
convey the storm water to its current Brannan Park Pump Station discharge point. The project also
includes street preservation improvements along 30th St. NE as part of the Arterial Preservation Program.
Construction of this project is anticipated to start in August 2014 and be completed by December 2014.
The estimated total project cost is$3,540,702.00, which is equal to the amount budgeted for the project.
Reviewed by Councll 8 Commlttees: Reviewed by Departmente 8 Divisions:
�Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M80
❑Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks
❑ Human Services ❑ Planning 8 CD ❑ Fire ❑ Planning
❑ Park Board �Public Works ❑ Legal ❑ Police
❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources
� Information Services
Aclion:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call tor Public Hearing _/_/_
Referred to Until / /
7abled Until / /
Couneilmember: Osbome Staffi Gaub
Meetin Date: June 16, 2014 Item Number:
AUBURN * MOE�E THAN YOU fMAGINED
BUDGET STATUS SHEET
Pro oct No: CP7122 Project Tltle: 70th Slrcet NE Noa FlooOing•PHASE 1
ProJoct Managor: Klm Truong
p ConsultantAgreement
Initiation Date: 1/7/13 �i Permislon to AdveRlse Date:O6/6l14
Ativertisemant Date: _ � Conlract Awerd
Award Dale: � Change Ortler Approval
Q Carry Forward to 2074
The"FUture Year5"column intlicales the projected amount to be requestetl in future butlgets.
Funds Bud eted Funds Available
Funtling Prior Years 2012 2013 2014 Total
a32 Funtl-Slorm(Public Works Trust Fund) 3,00O.00D 3,000,000
432 Fund-S�orm 49 12.J62 278,291 290,702
102 Anerial Street Fund 250,000 250,000
Total 49 12.362 278.297 3.250,000 3,540,702
Estimated Cost Funds Needed
q����y PriorYears 2012 2073 2014 Total
De.sign Engineering-Ciry Cosis <9 12,362 26608 15,000 54,020
Desiqn Engineering-Consullant 251970 45,000 296,370
Pertnits 912 312
Construction Estimate 3,OOO,D00 3,000,000
Projecl Contingency 130,000 730,000
Cons[ruction Engineering-Consultant 10,000 10,000
Conslruclion Engineering-Ci Costs 50,000 50,000
Total 49 72,362 278,291 3,250.000 3.540,702
432 Storm Bud et Status
Prior Years 2012 2013 2014 Total
'432 Funtls Budgeted () (a9) (12.362) (278291) (3,000.000) (3.290702)
432 Funtls Neetletl 49 12,362 278,29t 3.000,000 3,290,702
'd32 Fund ProJoct Contlngoney(� 0 0 0 0 0
a�2 funda Requlred 0 0 0 0 0
102 Arterial Street Bud et Status
PriorYears 2012 2013 2074 Total
'102 Funds ButlBetetl ) 0 0 0 (250,000) (250.000)
102 Funtls Needed 0 0 0 250,000 250,000
'102 Fund Pro oct ConQngenc O 0 0 0 0 0
102 Funda Requlred 0 0 0 0 0
'(#)in lhe Budget S[atus Sections indicates Money the City has available.
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*--f�CITY OF_ f ,
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Agenda Subject: Resolution No. 5079 Date: June 16, 2014
Department: Community Attachments: Resolution No. 5079 Budget Impact:
Development& Public Works
Administrati4e Recommendation:
City Council adopt Resolution No. 5079.
Background Summary:
The current provisions of the Auburn City Code (ACC) include definitions of and regulations related to
communal residences. See, for instance, ACC 18.04249 and 18.31.130, set forth below. These
regulations were implemented to address impacts of residential housing in and near Green River
community college where multiple students may be residing without a landlord present as an owner
occupant. The city has had several applications for conditional use permits related to these uses, and the
commentary received by the city from applicants as well as neighbors indicates to the city that there is a
need for further review of how the city can address or respond to communal residence rental housing.
Because of the unknown factors that may be appropriate for inclusion in regulations, and because of the
need to address impacts from communal residence rental housing, it is appropriate that the city impose a
moratorium so that it has the time to properly study the issues and develop, adopt and implement
appropriate regulations. The city's authority to impose a moratorium is set forth in section 35A.63.220 of
the Revised Code of Washington (RCW), also set forth below.
The moratorium includes a work plan that would accommodate an initial one-year moratorium, giving the
City, its planning staff and the planning commission, the opportunity to fully evaluate the issues and
develop regulations related to communal residence residential housing.
18.04.249 Communal residence.
A dwelling, without an owner occupant, that is rented to a group of unrelated individuals. (Ord.
6477 § 10, 2013.)
Reviewed by Council 8 Committees: - Reviewed by DepaRmenis 8 Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M80
❑ Airport ❑ Finance ❑ Cemetery � Mayor
❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks
p Human Services ❑ Planning 8 CD ❑ Fire � Community Development
❑ Park Board ❑Public Works � Legal ❑ Police�
❑ Planning Comm. ❑ Other ❑ Public U/orks ❑ Human Resources
- ❑ Innovation/Technolo
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing _/_/_
Referred to Until / /
Tabled Until _/_/_
Councilmember: Holman Staff: Heid/Sn der
Meetin Date: 06/16I2014 Item Number:
AUBURN * MORE THAN YOU IMAGINED
Agenda Subject: Date:
18.31.130 Communal residence.
A. Parking Requirements
1. There must be one off-street parking stall per renter. A landlord may reduce the off-street
parking requirement if an affidavit is signed that a tenant does not own a vehicle.
B. Solid Waste Management Requirements
1. ACC Section 8.08.070 requires all occupied units to have minimum garbage service. The
landlord is required to provide tenants with adequate garbage and recycle receptacles meeting the
minimum garage service level.
2. The Iandlord is responsible to provide each tenant with the solid waste collection
schedule and that schedule is to be pbsted within tlie unit.
C. An annual building inspection is required for a communal residence as part of the
required rental housing business license.
D. International Property Maintenance Code occupancy requirements are applicable to a
communal residence regariiless of the number of individuals living in the residence.
E. Amortization Schedule
1. Existing communal residences haye until December 31, 2013 to become compliant with
the regulations outlined in this Title and Title 5 as it pertains to communal residences.
F. The following criteria are required to be met for any communal residence over 4
unrelated individuals in addition to the required criteria for a conditional use permit under ACC 18.64.040.
As stated in ACC 18.07.020, a conditional use permit is required.
1. Adequate living space based on the International Property Maintenance Code standards
will be taken into account when a request for more than 4 unrelated individuals is requested.
2. A designated property manager that is available 24 hours a day, 7 days a week is
required.
3. The request for more than 4 Onrelated individuals will not adversely impact the
surrounding community.
4. The applicant must show how noise will be mitigated. (Ord. 6477 § 9, 2013; Ord. 6245 § 15,
2009.)
RCW 35A.63220
35A.63:220 Moratoria, interim zoning controls- Public hearing - Limitation on length.
A legislative body that adopts a moratorium or interim zoning ordinance, without holding a public
hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing on the
adopted moratorium or interim zoning ordinance within at least sixty days of its adoption, whether or not
the legislative body received a recommendation on the matter from the planning agency. If the legislative
body does not adopt findings of fact justifying its action before this hearing, then the legislative body shall
do so immediately after this public hearing. A moratorium or interim zoning ordinance adopted under this
section may be effective for not longer than six months, but may be effective for up to one year if a work
plan is developed for related studies providing for such a longer period. A moratorium of [or] interim
zoning ordinance may be renewed for one or more six-month periods if a subsequent public hearing is
held and findings of fact are made prior to each renewal. [1992 c 207§ 3.]
Page 2 of 2
RESOLUTION NO. 5 0 7 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ESTABLISHING A MORATORIUM
ON ACCEPTANCE OR PROCESSING OF APPLICATIONS
FOR BUSINESS LICENSES AND OTHER LICENSES,
PERMITS AND APPROVALS FOR COMMUNAL
RESIDENTIAL RENTAL HOUSING
WHEREAS, the City of Auburn has seen an increase in rental housing
particularly in residential neighborhoods adjacent to Green River Community College
and through citizen comment determined the City's rental housing related c.odes need to
be amended in some fashion; and
WHEREAS, the current provisions of the Auburn City Code (ACC) define
communal residences as dwellings without an owner occupant that is rented to a group
of unrelated individuals [ACC 18.04.249], and further identify regulations related to
communal residences [ACC 18.31.130], however, it appears that these provisions may
not be adequate to fully address the issues related to communal residences; and
WHEREAS, in order to address issues related to rental housing primarily in
single family residential neighborhoods, it is appropriate to fully evaluate and consider
the different options and avenues through which communal residence rental housing
operates; and
WHEREAS, in conformity with the responsibilities of the City of Auburn to provide
for zoning and land use regulations pursuant to state law, and the City's au4hority to
regulate land use activity within its corporate limits, the City intends to explore and
evaluate how it can most reasonably and responsibly address the issues and impacts
related to communal residence rental housing; and
Resolution No. 5079
June 16, 2014
Page 1 of 5
WHEREAS, in order to give the City adequate time to fully consider all the
options and alternatives for appropriate regulations, and to fully investigate and review
all of the factors involved in communal residence rental housing related uses, the City
needs to impose a moratorium on accepting and processing applications for communal
residence rental housing uses, until its review of needed regulations and the adoption
and implementation of needed regulations can be completed; and
WHEREAS, RCW Sections 35A.63.220 anii 36.70A.390 authorize cities to adopt
moratoria; and
WHEREAS, consistent with the provisions of RCW 35A.63.220, it is appropriate
for 4he City Council to hold public hearings and to au4horize the holding of public
hearings and/or other means to gather information and adopt findings of fact supporting
and justifying the moratorium, and to implement a work plan for review of the issues
related to communal residence rental housing uses in the development of and/or
amendment to the City's business and land use regulations.
NOW, THEREFORE, THE CITY GOUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. Moratorium Established. Pursuant to RCW 35A.63.220, a
moratorium is hereby imposed prohibiting the City from receiving and/or processing any
applications for any communal residence rental housing uses in any and all zoning
districts in the City of Auburn; provided that this moratorium shall not apply to adult
family homes or group residences that are afforded separate statutory protections under
state law.
----------------------------
Resolution No. 5079
June 16, 2014
Page 2 of 5
Secfion 2. Term of Moratorium. The moratorium imposed by this resolution
shall become effective on the date hereof, and shall continue in effect for an initial
period of one year, unless repealed, extended or modified by the City Council after
subsequent public hearing(s) and entry of appropriate findings of fact pursuant to RCW
35A.63.220, provided that the moratorium shall automafically expire upon the effective
date of business licensing, zoning and land use regulations adopted by the Gity Council
to address communal residence rental housing related businesses and land uses to be
located in the City of Auburn.
Section 3. Preliminary Findings. The following preliminary findings of fact
are heretiy adopted'
A. That communal residence rental housing related uses and businesses
have the potential for significant impacts on neighborhoods and the community.
B. That because of the potential impacts of these communal residence rental
housing related uses and businesses, and the need fo fairly and reasonably
accommodate housing needs for those persons who would reside in communal
residence rental housing, special care and attention needs to be employed in
evaluating, considering and developing appropriate legislation that satisfactorily
addresses the concerns of the City while also conforming to legal requirements.
C. It is appropriate to collect and compile documentation, information,
testimony and statements of concerned citizens of the City and of other persons
interested in or familiar with the issues of communal residence rental hous.ing related
uses and businesses and their impacts to fully explore ways to protect the City and its
citizens from the adverse impacts of such businesses and uses.
Section 4. Conclusion. Based on the above Findings of Fact, the City Council
concludes that the City has the authority to establish a moratorium, and that it is
necessary to establish a moratorium, concerning the establishment, operation, and
processing of applications for communal residence rental housing related uses and
businesses, to act as a stop-gap measure in order to 1) to provide the City with an
opportunity to study the issues concerning the appropriate revisions to the City's codes
and regulations; and 2) to protect the health, safety and welfare of the citizens of
Auburn by ameliorating the adverse impacts of communal residence rental housing
related uses and businesses.
-----------------------------
Resolution No. 5079
June 16, 2014
Fage 3 of 5
Section 5. Work Plan. The following work plan is adopted to address the
issues involving communal residence rental housing related use and business
regulations:
A. That the City of Auburn Planning Commission shall be authorized and
directed to hold public hearings and public meetings to fully receive and consider
statements, testimony, positions and other documentation or evidence related to the
issue of communal residence rental housing related uses and businesses.
B. That the Planning Commission and City staff are authorized and directed
to review the experiences of other jurisdictions, the status of legal cases, and statistical
data, information, studies and other evidence compiled by other municipalities, of the
implications and impacts of communal residence rental housing related uses and
businesses, and to review State and Federal law and regulations, including but not
limited to state and federal landlord-tenanUrental regulations and fair housing
regulations, as well as ordinances and codes adopted and implemented by other
municipalities to address communal residence rental housing related uses and
businesses, and any other information 4hat is pertinent to consideration thereof.
C. That the City of Auburn Planning Commission shall work wi4h City staff
and the citizenry of the City to develop proposals for regulation of communal residence
rental housing related business and zoning uses, and related considerations, to be
forwarded in their recommendations to the City Council for inclusion in ordinances and
ultimate adoption as a part of the City Code of the City of Auburn.
D. That the Mayor, in consultation with the City Attorney, the Director of
Community Development and Public Works and other staff, shall periodically advise and
report to the Ciry Council as to the status of hearings, meetings and information
development regarding activities of the Planning Commission and City staff relative to
the evaluafion, consideration and development of regulations related to communal
residence rental housing related uses and businesses, with such reports to be
scheduled approximately every six (6) months or as appropriate throughout the period
of the moratorium and any extensions thereof, until adoption of a comprehensive
oriiinance and regulations are developed, adopted and implemented, relating to
communal residence rental housing related uses and businesses becoming effective in
conjunction with the termination of the moratorium referred to in this Resolution.
Section 6. Public Hearing. A public hearing shall be scheduled for 7:30 p.m. or
as soon thereafter as the matter may be heard, on the day of ,
2013, in Ciry Council Chambers, 25 West Main Street, Aubum, Washington 98001, to
hear and consider the comments and testimony of those wishing to speak at such public
hearing regarding the moratorium,
Resolution No. 5079Y
June 16, 2014
Page 4 of 5
Section 7. Severability. If any sections, sentence, clause or phrase of this
Resolution shall be held to be invalid or unconstitutional by a court of competent
jurisdic4ion, or its applica4ion held inapplicable to any person, property or circumstance,
such invalidity or unconstitutionality or inapplicability shall not effect the validity or
constitutionality of any other section, sentence, clause or phrase of this Resolution or its
application to any other person, property or circumstance.
Section 8. Effective Date. That this Resolution shall take effect and be in
full force 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
Resolution No 5079
June 16, 2014
Page 5 of 5