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HomeMy WebLinkAbout6532 ORDINANCE NO. 6 5 3 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 2.03.100, 2.07.080, 2.12.010, 3.04.270, 3.04.280, 3.10.028, 5.20.050, 5.20.070, 8.24.040, 10.41.010, 10.64.020, 10.64.090, 10.64.120, 12.04.010, 12.04.050, 12.32.020, 12.60.040, 12.60.050, 12.60.070, 14.18.030, 14.18.050, 14.18.060, 14.22.040, 14.22.080, 14.22.090, 16.08.020, 17.02.090, 18.08.090, 18.29.070, 18.68.020, 18.76.080, 20.04.030, 20.06.030, AND 20.08.030 OF THE CITY CODE, AMENDING CHAPTER 2.06 OF THE CITY CODE AND REPEALING SECTION 12.20.050 OF THE CITY CODE RELATING TO THE CHANGE OF FORMAT OF THE CITY COUNCIL FROM COUNCIL COMMITTEES TO STUDY SESSIONS WHEREAS, the current provisions of the Auburn City Code and the operational practices of the Auburn City Council include use of Council Committees in advance of the full City Council's consideration of matters coming before it; and WHEREAS, the City Council has been considering how it could best operate and feels that it would be advantageous for the City Council to utilize study sessions where all Councilmembers will be able to participate in the consideration of different City related items, rather than having some matters going to Council Committees in advance of consideration by the full City Council; and WHEREAS, in order to accommodate a change of the format from committee structure to study sessions, it is appropriate that sections of the City Code that provide for committee structure be amended to accommodate study sessions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That Section 2.03.100 of the Auburn City Code be, and the same hereby is, amended to read as follows: - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Pagel 2.03.100 Meeting coordination duties. The mayor or the mayor's designee shall be responsible for the preparation of agendas for the meetings of the council and of the various boards, commissions and committees of the city, and for including in those agendas the items and issues forwarded by the city council and/or or by the ad hoc committees designated to act on behalf of the city council, and for including in those agendas the items and issues proposed by the mayor and city administration, for consideration by the council. The mayor or the mayor's designee shall also be responsible for publishing notices for meetings and for public hearings for the meetings of the council and the various boards, commissions and committees of the city, and for setting the dates and times for said public hearings, except in those instances when setting dates and times for public hearings is required by statute to be done through council resolution. (Ord. 6405 § 1, 2012; Ord. 5761 § 1, 2003.) Section 2. Amendment to City Code. That Section 2.07.080 of the Auburn City Code be, and the same hereby is, amended to read as follows: 2.07.080 Subcommittee structure. A. The junior city council may informally divide its members into subcommittees to consider different topics of interest, or into subcommittees that it deems helpful to its tasks. Te the-exteRt that it it apmp;iate-and helpful, the works, Gernmunity Campus. B. The subcommittees will meet on an as-needed basis. C. The subcommittees shall consist of at least three members of the junior city council, but shall consist of less than a quorum of the junior city council (less than five members). D. Any discussions or recommendations of any subcommittees shall be communicated to and shared with the full junior city council. E. The subcommittees shall not constitute legislative or agency bodies so as to trigger the requirement that the subcommittees comply with the Washington State Open Public Meetings Act (Chapter 42.30 RCW). (Ord. 6441 § 1, 2013.) Section 3. Amendment to City Code. That Section 2.12.010 of the Auburn City Code be, and the same hereby is, amended to read as follows: 2.12.010 Duties. The city attorney shall advise authorities and officers on all legal matters pertaining to the business of the city and shall approve all ordinances as to form. He/she shall represent the city in all actions brought by or against the city, or against city officials in their official capacity. He/she shall perform such other duties as the city - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 2 council by ordinance may direct. Included in the foregoing and in addition thereto, the city attorney shall: A. Attend all meetings of the city council, including regular, special and interim meetings, as well as all regular meetings of the planning commission and board of adjustment of the city; B. Attend meetings, upon request, of all other official boards and commissions of the city, as well as all siding egad hoc committees or subcommittees of the city council; C. Maintain an office in space furnished by the city in the city hall building during regular business hours Monday through Friday, except during those periods of time when the presence of either himself/herself or his/her assistant is required out of the office in the performance of official legal business for the city; D. Answer inquiries from citizens for information concerning city matters; E. Consult interested officials and officers concerning, and prepare all resolutions, ordinances, petitions, contracts, leases, easements, deeds, notices and other legal documents, and suggest legislation, where the responsibility for preparation is upon the city, or requested by city officials; examine and approve or suggest changes in all such instruments when the duty of preparation rests upon others than the city; F. Advise the council, boards, commissions, department heads and other city officials and officers, rendering formal legal opinions when requested, or when it appears to the attorney necessary or advisable; G. Prosecute in the court of criminal jurisdiction, and on appeal in appellate courts, all alleged violations of city ordinances, and actions to recover licenses, penalties and forfeitures. Advise the proper officials and officers on the filing of complaints therefor; H. Prosecute and/or defend, in courts of original jurisdiction, and on appeal, all civil actions brought by or against the city, or against officials, officers and employees in their official capacity, including condemnation proceedings. Participate in consultations concerning settlement of claims against the city, or its officials, officers and employees in their official capacities; provided, that where insurance counsel also defends the city, the main burden of such actions may be left to such counsel. See to the ultimate enforcement of all judgments and decrees rendered in favor of the city in any action or suit; I. Participate in the expedition of bond issues, providing this shall not require an opinion of the validity of the bonds in any case where special bond counsel is retained by the city or any prospective bond buyer; J. On request, participate in and consult concerning intergovernmental relations in which the city is concerned; K. Perform such other duties as may be required by the laws of the state. Provided, however, the duties of the city attorney as prescribed in this section shall not prohibit the employment of special counsel to assist the city attorney in unusual cases of a specialized nature, when such employment is authorized by the city council. (1957 code § 1.05.010.) - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 3 Section 4. Amendment to City Code. That Section 3.04.270 of the Auburn City Code be, and the same hereby is, amended to read as follows: 3.04.270 Landscaping and community beautification and gift cumulative reserve fund — Use. The Auburn landscaping and community beautification and gift cumulative reserve fund shall be used for the purpose of receiving gifts and donations of moneys to the fund and the cumulative reserve funds shall be used for the purpose of city landscaping and community beautification projects and for such special purposes as any donors of any such money or gifts to such fund might specify, as approved by the e mayor. (1957 code § 1.36.200.) Section 5. Amendment to City Code. That Section 3.04.280 of the Auburn City Code be, and the same hereby is, amended to read as follows: 3.04.280 Landscaping and community beautification and gift cumulative reserve fund — Designation of use of gifts. Any person or party making a gift or donation to the fund referred to in ACC 3.04.270 may, in doing so, designate that the materials purchased with the gifts or donations shall be inscribed in a suitable manner with a dedication or memorial to a person, place or thing, as directed by the donor; provided, however, that the city reserves the right to reject any such gift or donation at the option of the city for whatever reason the city deems proper. The GG Fnitteemayor shall recommend to the city council the acceptance or rejection of the gifts or donations. (1957 code § 1.36.210.) Section 6. Amendment to City Code. That Section 3.10.028 of the Auburn City Code be, and the same hereby is, amended to read as follows: 3.10.028 Approval of asset and/or system expansions, additions, and betterments. Asset and/or system expansions, additions, and betterments that have been recognized as authorized capital projects exceeding $25,000.00 in the budget shall be reviewed by the appropriate GGunGiI GOMMittee mayor or his/her designee to formally initiate the project prior to a call for bids. (Ord. 6147 § 1, 2008; Ord. 5490 § 1, 2000.) Section 7. Amendment to City Code. That Section 5.20.050 of the Auburn City Code be, and the same hereby is, amended to read as follows: 5.20.050 License application —Approval or disapproval procedure. - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 4 The business license clerk shall collect all license fees and shall issue licenses in the name of the city to all persons qualified under the provisions of this chapter and shall: A. Adopt all forms and prescribe the information required to implement this chapter; B. Submit all applications, to department heads as listed below for their endorsements as to compliance by applicant with all city regulations which they have the duty of enforcing: 1. Ambulance services license: fire and police departments; 2. Amusement device license: police (four or under) and building, planning and police (five or more); 3. Auto races license: building, fire, planning and police departments; 4. Cabaret licenses: fire and police departments; 5. Carnivals, circuses, shows, etc., licenses: building, fire, police and planning departments; 6. Dance licenses: fire and police departments; 7. Fire extinguisher service licenses: fire department; 8. Massage business, health salon, etc., licenses: building, fire, planning, police departments and health officer; 9. Merchant patrol and private detective licenses: police department; 10. Motor vehicle wreckers licenses: building, fire, planning and police departments; 11. Outdoor musical entertainment licenses: building, fire, planning and police departments; 12. Pawnbrokers/secondhand dealers licenses: police department; 13. Solicitor license: police department; 14. Tow truck business license: fire, planning and police departments. C. Notify any applicant of the acceptance or rejection of his/her application and shall, upon denial of any license state in writing the reasons therefor, the process for appeal and deliver them to the applicant. D. Deny any application for license upon written findings that the granting would be detrimental to the public peace, health or welfare: 1. Whenever any such license is denied the applicant may within 15 days from date of action, file written notice of appeal to the appFGpriate Gommittee of the city's director of community development and public works. Action of the aepFiafe GOMMittee-o the city's director of community development and public works may be appealed 15 days from date of action to the fUll Gity GGunGiI hearing examiner, and action of the seunGil hearing examiner shall be conclusive and not subject to review. 2. When the issuance is denied and any action instituted by the applicant to compel its issuance, such applicant shall not engage in the business for which the license was refused unless a license is issued pursuant to a judgment ordering the same. (Ord. 5897 § 9, 2005; Ord. 4012 § 2, 1984.) - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 5 Section 8. Amendment to City Code. That Section 5.20.070 of the Auburn City Code be, and the same hereby is, amended to read as follows: 5.20.070 License — Revocation. A. Any license issued under the provisions of this chapter may be revoked by the c-+ty GleFk and/or police chief and/or building official andser fire Chief for any reason if the further operation thereof would be detrimental to public peace, health or welfare, or the violation of any federal or state law or any ordinance or regulation of the city. The city clerk or the director of community development and public works shall cause to be served upon such parties as may be deemed to be interested therein such reasonable notice as may be determined to be proper of intention to revoke such license. B. Where deemed necessary to prevent further detriment to public peace, health or welfare, or violation of any federal or state law or any city ordinance or regulation the police chief4„tiGh4ef or building official may immediately revoke any license issued under the provisions of this chapter. C. Whenever any such license is revoked, the licensee may within 15 days from date of action file written notice of appeal to the appFepFiate nnmmittee Of the city's director of community development and public works. Action of the G^^�'v.-, Mirrrittee-director of community development and public works may be appealed within 15 days from date of action to the fUll Gity GGURGiI hearing examiner and action of the seuns+1 hearing examiner shall be conclusive and not subject to review. (Ord. 4012 § 2, 1984.) Section 9. Amendment to City Code. That Section 8.24.040 of the Auburn City Code be, and the same hereby is, amended to read as follows: 8.24.040 Public display of fireworks. A. Every public display of fireworks shall be handled by a competent operator approved by the #+ olp ice chief or his/her designee and shall be of such character, and so located, discharged, or fired, that, in the opinion of the Ore— olp ice chief or his designee, after proper investigation, it will not constitute a hazard to property or endanger any person. Should the fif-c- op lice chief or his/her designee deny a permit for public display of fireworks, the applicant therefor shall have the right to appeal that denial to the Auburn city council GOmmittee, which shall consider such application, recommendation and denial, and in its discretion shall either uphold the denial or grant the permit applied for. B. A state pyrotechnics license is required for operators of a public display of fireworks. C. A bond or certificate of insurance must be furnished to the fire chief before a permit is issued. The bond shall be in the amount of $1,000,000.00 and shall be conditioned upon the applicant's payment of all damages to persons and property resulting from or caused by such public display of fireworks, or by any negligence on the part of the applicant or its agents, servants, employees or subcontractors in the - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 6 presentation of the display. The certificate of insurance shall evidence a comprehensive general liability, including automobile coverage, insurance policy providing limits of $1,000,000.00 combined single limit, per occurrence and annual aggregate, no deductible, and naming the city of Auburn as an additional insured. D. Transportation and Storage. 1. All fireworks shall be transported within the city in accordance with 49 CFR Part 177 and 397.9(b) prior to reaching the display site. 2. As soon as the fireworks have been delivered to the display site, they shall be attended and shall remain dry. 3. All shells shall be inspected upon delivery to the display site by the display operator. Any shells having tears, leaks, broken fuses, or showing signs of having been wet shall be set aside and shall not be fired. After the display, any such shells shall be either returned to the supplier or destroyed according to the supplier's instructions. 4. All fireworks at the firing site must be stored in ready boxes (substantially constructed wood magazines). During the display, the magazines must be 25 feet upwind (relation to firing line) from the nearest mortar. Magazine lids must open in the opposite direction to the firing. All ready boxes are to be protected by a flame-proof water-repellent canvas cover until emptied. 5. The shell storage area shall be located at a minimum distance of not less than 25 feet from the discharge site. 6. During the display, shells shall be stored upwind from the discharge site. If the wind shifts during the display, the shell storage area shall be relocated to be upwind from the discharge site. E. Preparation of Site and Crowd Control. 1. All dry grass, weeds and other combustible waste matter within 50 feet of the firing site shall be removed. 2. The site shall be located so that the trajectory of shells shall not come within 25 feet of any overhead object. 3. Discharged fireworks shall not come within 100 feet of any tent or canvas shelter. 4. The firing and storage site shall be located not less than 200 feet from any building. 5. The operator shall provide sufficient personnel to assure that no unauthorized persons are allowed within 200 feet of the firing and storage site. This requirement shall be in effect from one-half hour prior to the arrival of fireworks until all fireworks debris, equipment and fireworks have been removed from the site. 6. Spectators shall be restrained behind lines or barriers at least 200 feet from the firing and storage locations. F. Installation of Mortars. 1. Mortars shall be inspected for dents, bent ends, and cracked or broken plugs prior to ground placement. Mortars found to be defective in any way shall not be used. Any scale on the inside surface of the mortars shall be removed. Ordinance No. 6532 October 14, 2014 Page 7 2. Mortars shall be positioned so that the shells are carried away from spectators and buildings. When fired over water, mortars shall be installed at an angle of not less than 10 degrees, pointing toward the water. 3. Mortars shall be either buried securely into the ground to a depth of between two-thirds and three-fourths of their length or fastened securely in mortar boxes or drums. In soft ground, heavy timber or rock slabs shall be placed beneath the mortars to prevent their sinking or being driven into the ground during firing. 4. In damp ground, a weather-resistant bag shall be placed under the bottom of the mortar prior to placement in the ground to protect the mortar against moisture. 5. Weather-resistant bags shall be placed over the open end of the mortar in damp weather to keep moisture from accumulating on the inside surface of the mortar. 6. Sand bags, dirt boxes, or other suitable protection shall be placed around the mortars to protect the operator from ground bursts. This requirement shall not apply to the down-range side of the discharge site. G. Operation of the Display. 1. The operator shall provide fire protection at the site as required by the fire chief or his/her designee. 2. Only permitted fireworks are authorized for use. 3. If, in the opinion of the fire chief or his/her authorized representative, lack of crowd control should pose a danger, the display shall be immediately discontinued until such time as the situation is corrected. 4. If at any time high winds or unusually wet weather prevail such that, in the opinion of the fire chief, his/her authorized representative or the display operator, a definite danger exists, the public display shall be postponed until weather conditions improve to permit safe discharge of fireworks. 5. Light snow or mist need not cause cancellation of the display; however, all materials used in the display shall be protected from the weather until immediately prior to use. 6. Display operators and assistants shall use only flashlights or approved electric lighting for artificial illumination. 7. No smoking or open flames shall be allowed within 50 feet of the firing or storage area as long as shells are present. Signs to this effect shall be conspicuously posted. 8. The first shell fired shall be carefully observed to determine that its trajectory will carry it into the intended firing range and that the shell functions over, and any debris falls into, the planned landing area. 9. The mortars shall be re-angled or reset if necessary at any time during the display. 10. When a shell fails to ignite in the mortar, the mortar shall not be touched for a minimum of five minutes. After five minutes it shall be carefully flooded with water. Immediately following the display, the mortar shall be emptied into a bucket of water. The supplier shall be contacted as soon as possible for proper disposal instructions. - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 8 11. Operators shall not attempt to repair a damaged shell nor shall they attempt to dismantle a dry shell. In all such cases, the supplier shall be contacted as soon as possible for proper disposal instructions. 12. Operators shall not dry a wet shell, lance, or pot for reuse. 13. The entire firing range shall be inspected immediately following the display to locate any defective shells. Any such shells found shall be immediately doused with water before handling. The shells shall be placed in a bucket of water. The supplier shall then be contacted as soon as possible for proper disposal instructions. 14. When fireworks are displayed in darkness the sponsor shall ensure that the firing range is inspected early the following morning. 15. Any fireworks remaining unfired after the display shall be immediately disposed of or removed from the city to the supplier from which they were purchased or to a location approved by the fire op lice chief or his/her designee. 16. The debris from discharged fireworks shall be properly disposed of. H. The denial by the fire- olp ice chief of a permit for the public display of fireworks may be appealed to the apprepr-iate-Auburn city council GOrn eittee. (Ord. 5679 § 1, 2002; Ord. 5385 § 6, 2000; Ord. 3976 § 8, 1984. Formerly 8.24.080.) Section 10. Amendment to City Code. That Section 10.41.010 of the Auburn City Code be, and the same hereby is, amended to read as follows: 10.41.010 Restricted parking zones - Establishment. A. In conformity with the standards and policies of the city council, The-the city engineer is authorized to establish and remove restricted parking zones when, in the city engineer's professional Judgment, a restricted parking zone will reduce or eliminate a parking problem and the public interest will be served. The city engineer shall report to the mayor and city council any such changes to parking zones. B. Restricted parking zones may reserve on-street parking for the exclusive use of abutting properties and/or residents in a prescribed vicinity; vehicles used by their visitors; and service vehicles of persons having business in the street. They may also reserve on-street parking only during certain posted hours, allowing unrestricted parking at all other times. C. Application for parking permits shall be made on a form provided by the city of Auburn. Proof of residency of the owner or lessee of a vehicle must be presented when applying for a permit within the designated residential parking zone (RPZ). The address of vehicle registration and driver's license must coincide with the residential address of the person requesting a permit. D. The city shall issue permits or other means of identification, maintain lists of vehicles used by residents, or adopt any other reasonable means of distinguishing vehicles that may validly be parked in any restricted parking zone from other vehicles. Restricted parking zones shall be appropriately signed and/or marked. Any vandalism or destruction of parking control signs shall not affect the validity of a restriction upon - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 9 parking on any street segment designated by the city engineer if other signs or traffic control devices give notice that parking in the street segment is restricted. (Ord. 6267 § 1, 2009.) Section 11. Amendment to City Code. That Section 10.64.020 of the Auburn City Code be, and the same hereby is, amended to read as follows: 10.64.020 Definitions. For the purposes of this chapter the following words shall have the meanings ascribed to them as follows: A. "Parade" is any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display, in or upon any street, park or other public place in the city. B. "Parade permit" is a permit as required by this chapter. C. "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. DD "P blip safety GMMittee" is the p blip safety Gnmmittee of the City GE)URGOI .. TCtrccc�ra-t safety 3311 § 2, 1978.) Section 12. Amendment to City Code. That Section 10.64.090 of the Auburn City Code be, and the same hereby is, amended to read as follows: 10.64.090 Appeal procedure. Any person aggrieved shall have the right to appeal the denial of a parade permit to the publiG safety GOMMitt city council. The appeal shall be taken within three days after notice of denial. The publiG safety GOMMitt city council shall act upon the appeal within seven days after its receipt. (Ord. 3713 § 6, 1981; Ord. 3311 § 7, 1978.) Section 13. Amendment to City Code. That Section 10.64.120 of the Auburn City Code be, and the same hereby is, amended to read as follows: 10.64.120 Public conduct during parades. A. Interference. No person shall unreasonably hamper, obstruct or impede, or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade. B. Driving Through Parades. No driver of a vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade, unless directed to do so by an Auburn police officer. C. Parking on Parade Route. The publiG safety GOMM itteepolice chief and the city engineer shall have the authority, when reasonably necessary, to prohibit or restrict parking of vehicles along a highway or part thereof constituting a part of the route of a parade. The publiG safety GGFnmitteepolice chief or the city engineer shall cause to be - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 10 posted signs to such effect, and it is unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street unposted in violation of this chapter. (Ord. 3311 § 11, 1978.) Section 14. Amendment to City Code. That Section 12.04.010 of the Auburn City Code be, and the same hereby is, amended to read as follows: 12.04.010 Adoption of engineering construction standards and engineering design standards. A. Adopted — Engineering Construction Standards. The engineering construction standards include the following documents and manuals which are herein referred to as the "engineering construction standards" and are adopted by reference: 1. The Standard Plans (M21-01) for Road, Bridge, and Municipal Construction prepared by the Washington State Department of Transportation, the latest publication and amendments thereto, as determined appropriate for city infrastructure by the city engineer and for conformance with adopted city engineering design standards. 2. The Standard Specifications for Road, Bridge and Municipal Construction, the latest (English) edition publication and amendments thereto as issued by the Washington State Department of Transportation as supplemented and amended through special provisions by the city engineer for specific construction applications and for conformance with adopted city engineering design standards. 3. The City of Auburn Engineering Standard Details, a manual of specific plans or drawings_developed and adopted by the city of Auburn department of public works which show frequently recurring components of work that have been standardized for repetitive use, as supplemented and amended by the city engineer for specific construction applications and for conformance with adopted city engineering design standards. B. Adopted — Engineering Design Standards. The engineering design standards as approved by the publiG woFkS GOMFnittee, supplemented and amended by the city engineer for specific design applications to the authorized by the „uhk ^ ,S GOMFn;itee-and in consultation with the City Council on Policy issues or broad city—wide implications shall include the following documents and manuals which are herein referred to as the "engineering design standards" and are adopted by reference: 1. A manual of specific design requirements which shows frequently recurring public transportation and utility infrastructure standards. 2. The City of Auburn Surface Water Management Manual (SWMM) which is the 2008 City of Tacoma Surface Water Management Manual as amended for use in the city of Auburn. The SWMM is a manual of specific requirements related to storm drainage management. C. Adopted — Highway Access Management. Chapter 468-52 WAC, Highway Access Management — Access Control Classification System and Standards, and - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 11 amendments thereto, with the exception of WAC 468-52-060 and 468-52-070, is adopted by reference with the following amendments: 1. All references to the "Department" shall be changed to "city of Auburn." 2. All references to Chapter 468-51 WAC or sections thereof shall be changed to "City of Auburn Engineering Design Standards." (Ord. 6283 § 1, 2009; Ord. 6258 § 1, 2009; Ord. 6157 § 1, 2008; Ord. 5042 § 1 (Exh. B), 1998.) Section 15. Amendment to City Code. That Section 12.04.050 of the Auburn City Code be, and the same hereby is, amended to read as follows: 12.04.050 Authorities for public infrastructure and right-of-way management. A. Develop and Publish City Engineering Standards. The city engineer or his/her designee shall develop, implement and publish engineering design standards manuals afteF FeView and appreval by the publiG works GOMM in accordance with Section 12.04.010(B) of the city code. The city engineer or his/her designee shall develop, implement and publish engineering construction standards manuals and establish engineering standard construction practices for regulation of all work within the public way by all persons to include, but not be limited to, franchise public/private utilities and entities possessing a right-of-way agreement and/or permit to assure the public's safety, welfare and interest is protected. B. Survey Record Controls. The city engineer or his/her designee shall develop office procedures for establishing horizontal and vertical control registration of existing and future development within the urban growth areas of the city. Procedures will utilize both city and private development record drawings and survey efforts to continue to maintain an accurate current database for future reference. The city will provide the most current benchmark geodetic survey data to new developers and for city construction projects at the administrative cost of providing the service, and require in exchange, at no cost to the city, the developer and/or city project sponsors to provide equal quality record drawings in AutoCAD drawing file format at completion of the development and/or city project to update records reflecting survey controls of the new development and/or city infrastructure. C. Subdivision Records. The city engineer or his/her designee shall develop office procedures for the safekeeping of record drawings of all recorded plats and short plats. D. Management of Record Drawings. The city engineer or his/her designee shall develop office procedures for the safekeeping of record drawings of all public transportation, water, sanitary sewer, and storm drainage infrastructure as defined in ACC 13.40.010. E. Management of Right-of-Way and Easements. The city engineer or his/her designee shall develop office procedures for the safekeeping of record drawings of all public right-of-way, public access easements, city utility easements, cross drainage easements, and public facilities developed and dedicated to the city. - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 12 The acquisition of real property and relocation of inhabitants required for the completion of city projects shall be pursuant to ACC 2.03.030 and Chapter 3.10 ACC. The city engineer may accept easements granted to the city as part of an approved development project or capital projects of the city for city utilities, drainage, slope protection, public access, and right-of-way, and may also accept public facility extensions that are not dedicated through plats and short plats. After review by the the city engineer may execute a release or partial release of any city utility, drainage, temporary road, or slope protection easements that are not needed or are no longer needed for city purposes. All other city-held easements shall be released only by city council action, and public right-of-way easements shall be subject to the vacation provisions set forth in Chapter 12.48 ACC, and in accordance with Chapter 35.79 RCW. (Ord. 6312 § 1, 2010; Ord. 6265 § 2, 2009; Ord. 6258 § 1, 2009; Ord. 6013 § 1, 2006; Ord. 5042 § 1 (Exh. B), 1998.) Section 16. Amendment to City Code. That Section 12.32.020 of the Auburn City Code be, and the same hereby is, amended to read as follows: 12.32.020 Prohibitions. It is unlawful for any person, firm or corporation, or for any agent, representative, servant or employee thereof, to deposit, place, erect or maintain, or cause to be deposited, placed, erected or maintained, upon any sidewalk located in any public street, alley or place of the city, or upon any portion of such sidewalk, any bench, chair, rack, stand, structure, sign, merchandise or other object, except as approved by the street rGmmitteecity engineer, or to place, erect or maintain, or cause to be placed, erected or maintained, over such sidewalk, or over any portion of such sidewalk, any structure, sign or other object at such height or in such manner as to prevent or interfere with the free and unobstructed use of all of such sidewalk by pedestrians. (1957 code § 8.18.020.) Section 17. Amendment to City Code. That Section 12.60.040 of the Auburn City Code be, and the same hereby is, amended to read as follows: 12.60.040 Type B short-term permit. A. Type B is a short-term permit for uses of less than 30 days. B. Type B permit uses include, but are not limited to, right-of-way closures for sidewalk sales, rallies, block parties, or other similar events. C. In the event a Type B permit involves a street, sidewalk, or parking closure, additional fees are required per the city of Auburn fee schedule. D. Issuance of right-of-way use permits that involve downtown, community impacts, full street closures, or uses with policy implications shall require pub-works eeFAtee-approval of the city engineer. E. Applicant shall be an individual or organization that does not discriminate in regard to race, religion, color, gender, national origin, creed, age, marital status, - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 13 veteran status, disability status, or any other basis prohibited by federal, state, or local law. (Ord. 6125 § 1, 2007; Ord. 5298 § 1, 1999; Ord. 5042 § 1 (Exh. D), 1998.) Section 18. Amendment to City Code. That Section 12.60.050 of the Auburn City Code be, and the same hereby is, amended to read as follows: 12.60.050 Type C long-term permit. A. Type C is a long-term permit for uses of 30 days to five years. B. Type C permit uses include, but are not limited to, installation of groundwater monitoring wells, landscaping, fences, awnings, underground storage tanks, bus shelters, underground or overhead facilities such as fiber optic cables or utility vaults except when a franchise or public way agreement applies, use of the right- of-way to paint or repair a building or to stage for construction, sidewalk cafes, and sidewalk vending units. C. In the event a Type C permit involves a street, sidewalk, or parking closure, additional fees are required per the city of Auburn fee schedule. D. Issuance of right-of-way use permits that involve downtown, community impacts, full street closures, or uses with policy implications shall require publiG works GOM +M approval of the city engineer. E. Applicant shall be an individual or organization that does not discriminate in regard to race, religion, color, gender, national origin, creed, age, marital status, veteran status, disability status, or any other basis prohibited by federal, state, or local law. (Ord. 6125 § 1, 2007.) Section 19. Amendment to City Code. That Section 12.60.070 of the Auburn City Code be, and the same hereby is, amended to read as follows: 12.60.070 Right-of-way use permit term, extension, renewal and termination. A. No permit term shall exceed five years unless it has been approved by the full council. B. The city has authority to grant a single 30-day extension to the applicant upon receipt of a written request, absent any known reasons for denial. Extensions of right-of-way use permits that involve downtown, community impacts, full street closures, or uses with policy or broad city-wide implications shall require approval of the city even iq neer. C. Once a permit has expired or been revoked, the applicant must apply for a new permit. No permit shall be automatically renewed. D. All right-of-way use permits are wholly of a temporary nature, and vest no permanent rights whatsoever. E. Right-of-way use permits are approved for the location and applicant listed on the permit and cannot be transferred for another location or for another applicant unless first approved by the city. - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 14 F. The city shall have the authority to restrict, suspend, or revoke a permit upon 30 days' notice; provided, however, the city shall have the authority to immediately suspend or revoke a permit without such notice in situations that present, in the city's determination, a health or safety hazard or constitute a public nuisance. The grounds for restricting, suspending, or revoking a right-of-way use permit shall include, but not be limited to: 1. Any other license or permit that the applicant is required to have for the same use as the right-of-way use permit is not acquired or is suspended, revoked, or canceled. 2. The applicant has violated or failed to meet any of the provisions of this chapter or is in violation of any other ordinances or regulations of the city relating to the use by the applicant for which the permit is applied for or issued. 3. The applicant has failed to meet the conditions of the permit. 4. The use for which the permit was approved has changed. 5. The permit was procured by fraud or misrepresentation of fact or was issued in error or on the basis of incorrect information supplied to the city. 6. The abutting property owner or legal representative withdraws consent in writing for a sidewalk vending unit. (Ord. 6125 § 1, 2007.) Section 20. Amendment to City Code. That Section 14.18.030 of the Auburn City Code be, and the same hereby is, amended to read as follows: 14.18.030 Public hearing. A. Upon determination of a complete application for development, other than an individual single-family home, the director shall tentatively set a date for a public hearing to be held before the planning and development nnmmittee city's hearing examiner. Every hearing held for the purposes of this chapter shall be open to the public, and a record of the hearing shall be kept and made available for public inspection. B. Any notice of public hearing required by this section shall include the hour, date and location of the hearing and a description of the property. The description may be in the form of either a vicinity location sketch or a written description other than a legal description. C. The planning director shall cause notice of the hearing to be given in the following manner: 1. Notice shall be published not less than 10 days prior to the hearing in a newspaper of general circulation within the county where the real property is located; 2. Requiring the subject property posted in accordance with the applicable requirements of Chapter 1.27 ACC. (Ord. 6287 § 2, 2010; Ord. 5811 § 3, 2003; Ord. 5306 § 1, 1999; Ord. 4872 § 1, 1996.) Section 21. Amendment to City Code. That Section 14.18.050 of the Auburn City Code be, and the same hereby is, amended to read as follows: - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 15 14.18.050 planning and develep ment nnmmittooHearinq examiner. The planRing and development Gernmitteehearinq examiner, following the closure of the public hearing, shall recommend to the city council that the city sign a development agreement with the applicant or to not sign a development agreement with the applicant. The planning and development rnmmittoohearinq examiner shall not recommend approval of the development agreement unless it finds the proposal is in conformance with the findings of fact as outlined in ACC 14.18.070(A). (Ord. 6287 § 2, 2010; Ord. 4872 § 1, 1996.) Section 22. Amendment to City Code. That Section 14.18.060 of the Auburn City Code be, and the same hereby is, amended to read as follows: 14.18.060 City council review. A. Upon receipt of the planning—and dev lepmenf–eE)MM ittee'shearing examiner's recommendation, the city council shall, at its next public meeting, approve, remand the recommendation to the ^^MC hearing examiner or schedule a closed record hearing. Any aggrieved person may request the council to conduct its own closed record hearing. The council can only amend or reject the GOMM ittee'c hearing examiner's recommendation. B. If the council holds its own closed record hearing on a proposed development agreement, the council shall consider the findings, conclusions and recommendations of the planning and develepment GOMM hearing examiner's public hearing. After conducting its own closed record hearing the council may approve, approve with conditions, reject or return the application to the applicant for corrections or modifications. C. When the council makes its decision on the development agreement, it shall pass a resolution prepared by the city attorney. A resolution prepared under this subsection shall include formal findings of fact and conclusions supporting the decision. If the development meets all city development standards, the findings shall affirm that the development conforms with all applicable city development standards. If the development agreement allows modifications from some city standards, the modifications shall be specified in the resolution. (Ord. 6287 § 2, 2010, Ord. 5785 § 1, 2003; Ord. 5306 § 1, 1999; Ord. 4872 § 1, 1996.) Section 23. Amendment to City Code. That Section 14.22.040 of the Auburn City Code be, and the same hereby is, amended to read as follows: 14.22.040 Definitions. A. "Amendment" means any change in the wording, context or substance of the comprehensive plan or a change to the comprehensive land use map or any other map contained or referenced within any plan chapter or element. - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 16 B. "Area-wide map amendment" means an amendment to the comprehensive land use map involving four or more contiguous or adjacent parcels under different ownership that would be similarly affected by a proposed map amendment. C. "City-initiated planning program" means a planning program begun by resolution of the city council, aRy Gity GeunGil GOmmittee, or the planning commission, addressing a geographic sub-area of the city's urban growth area (such as a special area plan) or addressing a specific functional area (such as a utility plan). D. "Director" means the director of the department of planning and development or his/her designee. E. "Docket" means a list of suggested amendments to the comprehensive plan maintained by the director. F. "Planning commission" is an appointed group serving in an advisory capacity to the city council as specified in Chapter 2.45 ACC. (Ord. 6287 § 2, 2010; Ord. 6172 § 1, 2008.) Section 24. Amendment to City Code. That Section 14.22.080 of the Auburn City Code be, and the same hereby is, amended to read as follows: 14.22.080 Docketing. A. In accordance with RCW 36.70A.470, suggested changes to the comprehensive plan which are not specific to any site may be submitted by any individual, organization or general or special purpose government and shall be coordinated by the director. The director shall create appropriate forms for such submittals that require the submittal to address the criteria outlined in subsection C of this section. The list shall be known as the "docket" and is the means to suggest a change or identify a deficiency in the comprehensive plan. An item may be submitted to the docket at any time during the calendar year. There is no fee associated with submitting an item to the docket. B. Annually, the director shall review such suggestions with the city council or GGMFnittee thereof and determine whether to direct them to the planning commission for consideration. The city council OF " GOM iittee thereof may decline to consider any item from the docket. C. Proposed amendments on the docket may be considered appropriate for action if the following criteria are met: 1. A proposed comprehensive plan text amendment addresses a matter appropriate for inclusion in the plan; 2. The proposal demonstrates a strong potential to serve the public interest by implementing specifically identified goals and policies of the plan; 3. The proposal addresses the interests and changed needs of the entire city as identified in the plan; 4. The proposal does not raise policy or land use issues that are more appropriately addressed by an ongoing work program approved by the city council; Ordinance No. 6532 October 14, 2014 Page 17 5. The proposal can be reasonably reviewed and evaluated, given existing staff and budget resources; and 6. The proposal has not been voted on by the city council in the last three years. This time limit may be waived by the city council if it is demonstrated that there exists either an obvious technical error or a change in circumstances that justifies the need for the amendment. D. Any item on the docket that is not determined to be appropriate for action may be proposed under ACC 14.22.090, provided it is timely and properly filed. (Ord. 6172 § 1, 2008.) Section 25. Amendment to City Code. That Section 14.22.090 of the Auburn City Code be, and the same hereby is, amended to read as follows: 14.22.090 Proposals for amendments. A. Privately Initiated Amendments. A proposed amendment to the comprehensive plan, other than docketing pursuant to ACC 14.22.080, may be submitted by any individual, organization, corporation or partnership; general or special purpose government other than the city; or entity of any kind; provided, that if the proposal involves specific real property, the property owner has provided written consent to the proposal. B. City-Initiated Amendments. The city council eF GeMrnittee thereof or the planning commission may initiate a planning program or any type of amendment to the comprehensive plan, regardless of whether site-specific or area-wide in scope. C. Application. Except for city-initiated planning programs or individual amendments, all proposed amendments shall be submitted to the director on an approved form, together with required filing fees. An environmental checklist shall also be submitted if required. A proposed amendment request shall include the following information: 1. Name, address, phone number and e-mail address of the applicant and contact person and written consent of the property owner if the proposal affects specific property; 2. If the amendment concerns specific property, both a general description and legal description of the property; 3. A description of the plan amendment being requested; 4. Written statements addressing the purpose of the amendment, why it is being requested, and how it is consistent with the criteria listed in ACC 14.22.110; 5. If the request is for an amendment to the comprehensive land use map, an indication of what concurrent change in zoning is also being requested. D. Department Report. The director shall prepare an assessment and recommendation on all proposed amendment requests and include this within a report that evaluates all requests concurrently. (Ord. 6172 § 1, 2008.) - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2Q14 Page 18 Section 26. Amendment to City Code. That Section 16.08.020 of the Auburn City Code be, and the same hereby is, amended to read as follows: 16.08.020 Definitions. As used in this chapter: A. "Act" means the Shoreline Management Act of 1971 (Chapter 90.58 RCW) and state departmental regulations pursuant thereto, including any amendments thereto. B. means the planRiRg and development GE)Mmittee of the Git eeunGil. G. "Definitions by reference" means the definitions and concepts set forth in Chapter 6 of the Auburn shoreline master program attached to the ordinance codified in this chapter, the Act (RCW 90.58.030), and state departmental definitions (WAC 173- 27-030 and 173-27-250) adopted pursuant thereto which shall also apply as used in this chapter as they would pertain to shorelines within the city limits. BC. "Director" means the director of the department of—pla„Ting—a community development and public works of the city, or his/her duly authorized designee. (Ord. 6287 § 2, 2010; Ord. 6235 § 1, 2009; Ord. 6095 § 1, 2008; Ord. 4840 § 1, 1996; Ord. 4225 § 1, 1987; Ord. 4047 § 71, 1985; 1957 code § 11.94.020.) Section 27. Amendment to City Code. That Section 17.02.090 of the Auburn City Code be, and the same hereby is, amended to read as follows: 17.02.090 Amendments. A. Initiation of Amendments. 1. The city council, ^r the planning and d velopmept-csmMittee of the City seunGil, upon its own motion may request the planning commission to conduct a public hearing to amend any portion or all of this title; provided, that no public hearing is required for a purely administrative or procedural amendment of any portion of this title; 2. The planning commission may upon its own motion call for a public hearing to amend any portion or all of this title, with the exception of purely administrative or procedural amendments; 3. Any resident or property owner of the city may petition the city to request an amendment to the text of this title. B. Public Hearing and Notice. 1. With the exception of purely administrative or procedural amendments, the planning director shall schedule a public hearing to be held before the planning commission for any proposal to amend this title or to adopt or repeal any ordinance under the authority established by Chapter 58.17 RCW. The director shall cause notice of such hearing to be given as follows: a. By sending to any individual or organization which has submitted a request for notification a notice indicating the time and place of public hearing, Ordinance No. 6532 October 14, 2014 Page 19 describing the general nature of the proposal, and indicating how copies of the proposed ordinance or amendment can be obtained; and b. By publishing in a newspaper of general circulation in the area a notice indicating the time and place of public hearing, describing the general nature of the proposal, and indicating how copies of the proposed ordinance or amendment may be obtained. 2. For all proposals to make purely administrative or procedural amendments to this title, the planning director shall cause notice of such proposed amendment to be given as follows: a. By sending to any individual or organization which has submitted a request for notification advance notice of the proposed amendment that indicates how copies of the proposed amendment can be obtained. b. By publishing in a newspaper of general circulation in the area advance notice of the proposed amendment that indicates how copies of the proposed amendment can be obtained. 3. For the purposes of this section, substantive amendments shall be distinguished from procedural or administrative amendments in accordance with the following: substantive matters relate to regulations that define or limit what can be done in terms of conduct, use or action (e.g., what use may be made of land, what requirements apply to development), and procedural or administrative matters are those that relate to the process of how an application to take such action must be pursued (e.g., time limits for applications and appeals, what forms must be used, and where or how applications must be submitted. Essentially, procedural or administrative matters are the mechanical rules by which substantive issues may be pursued). C. Planning Commission Recommendation. After the public hearing has been closed, the planning commission shall recommend to the council either adoption, adoption with modifications, or rejection of the proposed ordinance or amendment. In formulating its recommendation, the commission shall consider, among other things, the relationship between the proposed ordinance or amendment and the comprehensive plan, other applicable city policies, and other existing land use controls. D. City Council Action. The planning director shall forward the planning commission's recommendation, in writing, to the council. The council may elect to hold its own public hearing, eitheF beffere the fQ;t GE)wnsil E)F befeFe a ^^„^^;1 GeFAM 4tee, in which case the city clerk shall cause adequate notice to be given. The council shall consider, but shall not be bound by, the planning commission's recommendation in reaching its own decision. (Ord. 6287 § 2, 2010; Ord. 6239 § 1, 2009.) Section 28. Amendment to City Code. That Section 18.08.090 of the Auburn City Code be, and the same hereby is, amended to read as follows: 18.08.090 Amendments. Amendments to this chapter may be initiated by the city, the proponent, or the proponent's successor, and shall occur as follows: - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 20 A. The planning director or-of community development and public works rdireG+nr in their area of respensibili+v may interpret the words and meaning of certain conditions in order to resolve conflicts in implementation. All words in the ordinance codified in this chapter shall carry their customary and ordinary meaning. B. If changes to the language of the ordinance codified in this chapter are required, such proposed changes shall be reviewed by the planning aR d rde„elnnmen+ director of community development and public works. If, in the estimation of the director of community development and public works, the proposed change is minor, then the GE)Fnm#ee shall make a proposed change shall be forwarded directly to the city council for its consideration. If, in the estimation of the director of community development and public works, the change is major, the rte,,, ;++eproposed change shall be referreferred to the change to the hearing exam 44erplanning commission which i c the eVr-shall conduct a public hearing and make a recommendation to the city council. (Ord. 6382 § 2, 2011.) Section 29. Amendment to City Code. That Section 18.29.070 of the Auburn City Code be, and the same hereby is, amended to read as follows: 18.29.070 Design standards. Adopted by reference are the "Downtown Auburn Design Standards" and the "Auburn Junction Design Standards," a copy of which shall be maintained by the city clerk. These documents contain standards for development of the built environment in the DUC zone. The director shall have the authority to apply the standards to specific development proposals. These standards may be amended upon approval by the city council. (Ord. 6419 § 2, 2012; Ord. 6287 § 2, 2010; Ord. 6190 § 1, 2008; Ord. 6071 § 6 (Exh. A), 2007.) Section 30. Amendment to City Code. That Section 18.68.020 of the Auburn City Code be, and the same hereby is, amended to read as follows: 18.68.020 Initiation of amendments. A. Zoning Map. 1. One or more property owners of the parcel may submit an application requesting a reclassification of the parcel; 2. The city council, may request the planning commission or hearing examiner to conduct a public hearing on the reclassification of a parcel or parcels of property; 3. The planning commission may upon its own motion call for a public hearing on the reclassification of a parcel or parcels of property. B. Text. 1. The city council, -e -planning nd-development cO„ Mittee-of-the GGunGil, upon its own motien may request the planning commission to conduct a public - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 21 hearing to amend any portion or all of this title; provided, that text amendments that are purely administrative or procedural do not require a public hearing, nor do they require preliminary review or recommendations of the planning commission; 2. The planning commission may upon its own motion call for a public hearing to amend any portion or all of this title, with the exception of purely administrative or procedural amendments; 3. Any resident or property owner of the city may petition the city to request an amendment to the text of this title. C. For the purposes of this chapter, substantive amendments shall be distinguished from procedural or administrative amendments in accordance with the following: "Substantive" matters relate to regulations that define or limit what can be done in terms of conduct, use or action (e.g., what use may be made of land, what requirements apply to development, what public infrastructure may be required of certain developments), and "procedural" or "administrative" matters are those that relate to the process of how an application to take such action must be pursued (e.g., time limits for applications and appeals, what forms must be used, and where or how applications must be submitted. Essentially, "procedural" or "administrative" matters are the mechanical rules by which substantive issues may be pursued). (Ord. 6287 § 2, 2010; Ord. 6198 § 3, 2008; Ord. 4840 § 1, 1996; Ord. 4304 § 1(46), 1988; Ord. 4229 § 2, 1987.) Section 31. Amendment to City Code. That Section 18.76.080 of the Auburn City Code be, and the same hereby is, amended to read as follows: 18.76.080 Public infrastructure requirements. The applicant for the PUD must provide all necessary public facilities to include, as a minimum, the following: A. Dedication of Public Utilities. Public utilities being provided by the city must be dedicated to the city unless allowed to be private by the city. B. Water, Sewer and Drainage Facilities. All water, sanitary sewer and drainage facilities must be constructed and installed in accordance with applicable city codes and standards, including design criteria, construction specifications, operational criteria, and approved engineering submittals. C. Underground Facilities. All public utilities must be placed underground except those that by their nature must be on or above ground, such as streets, fire hydrants, power vaults, telephone pedestals and open watercourses. The applicant is responsible for making the necessary arrangements with the appropriate entities for the installation of such services. D. Streets. 1. All streets must be constructed to the city's standards. Variations from minimum standards for pavement and right-of-way widths or other dimensional or construction standards may be permitted when special design features of the PUD or topographic considerations warrant the variation. The applicant must submit a written - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 22 justification for any proposed variation along with evidence that the minimal functional requirements of the proposed street improvements are being met. The city engineer shall review the proposed variation and shall determine if the minimal functional requirements are being met and shall make a recommendation to the cif council-publie %k ee,nMittee whether the variation should be approved. The GOFAMittee—city council shall act upon the request and may require conditions of approval to ensure the minimal functional requirements are being met. 2. Private streets may be permitted within the PUD provided they meet the following criteria: a. Use of the private street is limited to those accessing property within the planning area or immediately adjacent to the planning area and is not needed by non- PUD residents to travel from one public street to another. The design of the private street shall be such that it will discourage any through traffic that is not related to the planning area itself. b. The minimum pavement width for private streets shall be 28 feet; provided, that on-street parking is allowed only on one side of the street or 20 feet for alleys. The roadway section pavement depth for asphalt, crushed rock, and gravel base and the material specifications of these materials shall be the same as Auburn standards for public streets. Additional width may be required if determined to be needed to provide adequate circulation for the residents of the PUD. Factors to be considered include but are not limited to providing emergency equipment access, preventing conflicts between pedestrians and vehicle traffic, on-street parking, number of units, the need for sidewalks and bike paths. The pavement width and construction standards, to include but not limited to illumination, signing, storm drainage, curbs, gutters, channelization, e.g., shall be determined by the city engineer at the time of preliminary plat or site plan approval. Private streets and/or access tracts and shared driveways that provide a second or additional access to lots/units shall be constructed to standards, as determined by the city engineer, considered to be appropriate for the situation. Factors to be considered include the number of units served, emergency access and traffic circulation. C. All sites served by a private street greater than 600 feet in length shall have at least two access connections to a public street and provide for adequate emergency equipment access. d. A legally incorporated property owners' association assumes the responsibility and cost to repair and maintain the proposed private streets. If the association fails to maintain the street, the by-laws of the association give the city the right to maintain the street and charge the cost of the maintenance, including any administrative costs, to the association members. e. The by-laws establishing the association must state that if future owners should request that private streets be changed to public streets, then the owners fully agree that, before acceptance of such streets by the city, the owners will bear full expense of reconstruction or any other action necessary to make the streets - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 23 I substantially consistent to the requirements of public streets, applicable at that time. (Ord. 5092 § 1, 1998.) Section 32. Amendment to City Code. That Section 20.04.030 of the Auburn City Code be, and the same hereby is, amended to read as follows: 20.04.030 Notice of complete application and scheduling of his bearingmeetin . A. Within 30 calendar days after receipt of the public way agreement application, the city will complete review of the application to determine whether the application contains sufficient information as outlined in ACC 20.04.020 to proceed with processing. If during the 30-calendar-day review period, the city engineer determines that the application is incomplete, the city engineer will issue a letter to the applicant specifying the additional information necessary to complete the application. The applicant will be given 30 calendar days to respond to the request for additional information. Once the additional information is received by the city, an additional 14 calendar days will be allowed to determine whether the application is complete. Once the application is determined complete, written notice will be provided following the procedure outlined in this subsection. If the applicant needs additional time to respond, the applicant may request up to an additional 30 calendar days. If a response is not timely received, the application will be returned to the applicant with a notice that the application is rejected due to failure to provide the required information. Any new applications will require a new application fee. B. When satisfied that the application is complete, the city engineer will notify the applicant in writing that the application is complete and inform the applicant of the schedule for consideration by the the city council that it GGhedule a publiG hearing. The city clerk will notify the applicant in writing of the scheduled heameeting. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.) Section 33. Amendment to City Code. That Section 20.06.030 of the Auburn City Code be, and the same hereby is, amended to read as follows: 20.06.030 Notice of complete application and scheduling of public hearing. A. Notice of Complete Application. Within 30 calendar days after receipt of the franchise application, the city will complete review of the application to determine whether the application contains sufficient information as outlined in ACC 20.06.020 to proceed with processing. If during the 30-calendar-day review period, the city engineer determines that the application is incomplete, the city engineer will issue a letter to the applicant specifying the additional information necessary to complete the application. The applicant will be given 30 calendar days to respond. Once the additional information is received by the city, an additional 14 calendar days will be allowed to determine whether the application is complete. Once the application is determined complete, written notice will be provided. If the applicant needs additional time to - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 24 respond the applicant may request up to an additional 30 calendar days. If a response is not timely received, the application will be returned to the applicant with a notice that the application is rejected due to failure to provide the required information. Any new applications will require a new application fee. B. Scheduling of Public Hearing. When satisfied that the application is complete, the city engineer will notify the applicant in writing that the application is complete and inform the applicant of the schedule for consideration by the pUbl+c-weFk-s city council. O.n .P- satisf;ed as to reGOMmCend-that the ^ity ^n,,nr.il set� the date fnr the publiG heaFiR v The city council will schedule the hearing and the city clerk will notify the applicant in writing of the scheduled hearing. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.) Section 34. Amendment to City Code. That Section 20.08.030 of the Auburn City Code be, and the same hereby is, amended to read as follows: 20.08.030 Notice of complete application and scheduling of public hearing. A. Within 30 calendar days the city will complete an initial review of the application to determine whether the application contains sufficient information as outlined in ACC 20.08.020 to proceed with processing. Once satisfied that the proposal is clear, the mayor will appoint a negotiation team to meet with the applicant and determine whether additional information is needed. The team shall as a minimum consist of the finance director, a legal representative, and the department director affiliated with the property being considered for lease. If during the 30-calendar-day review period, the application is deemed incomplete, the city will issue a letter to the applicant specifying the additional information necessary in order to proceed with processing. The applicant will be given 30 calendar days to respond. Once the additional information is received by the city, an additional 14 calendar days will be allowed to determine whether the application is complete. Once the application is determined complete, written notice will be provided. If a response is not timely received, the application will be returned to the applicant with a notice that the application is rejected due to failure to provide the required information. Any new applications will require a new application fee. B. When satisfied that the application is complete, the finance director will issue a letter of completeness and notifying the applicant of the SGheduIe issue w44 in t6 draft lease agreement process for consideration of the matter by the city council. Once the team r°t„mc to the ^nmmitt°° with a an acceptable draft lease agreement has been prepared, the , and reGeMMeRd to the Gity GGURGiI whether a publiG hearing should be held. The Gity - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 25 i seun;4-city clerk will schedule t ie-a hearing before the city council, and the city clerk will notify the applicant in writing of the scheduled hearing. (Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998.) Section 35. Amendment to City Code. That Chapter 2.06 of the Auburn City Code be, and the same hereby is, amended to read as follows: Chapter 2.06 CITY COUNCIL' Sections: 2.06.010 Meetings —Time. 2.06.020 Meetings — Place. 2.06.030 Regular meetings. 2.06.040 Special meetings. meetings.2.06.045 Gemmittee of the whele 2.06.050 Meetings —Attendance failure — Office forfeiture. 2.06.060 Rules of procedure of the city council. 2.06.010 Meetings —Time. A. Regular City Council Meetings. Commencing with the first regular council meeting in January, 4-942015, the city council shall hold regular meetings on the first and third Mondays of each month, at 707:00 p.m. pTm-.; provided, however, that when the day fixed for any regular meeting of the council falls upon a day designated by law as a legal or national holiday, such meetings shall be held at the same hour on the next succeeding day not a holiday. B. Council Study Sessions. The citVcouncil shall hold, as regular meetings, study sessions on the second, fourth and fifth Mondays of each month, at 5:30 p.m.; provided, however, that when the day fixed for any regular meeting of the council falls upon a day designated by law as a legal or national holiday, such meetings shall be held at the same hour on the next succeeding day not a holiday. (Ord. 5802 § 1, 2004; Ord. 3916 § 1, 1983; 1957 code § 1.04.010.) 2.06.020 Meetings — Place. Except as specifically set in locations in Auburn other than at city hall for particular meetings, and with appropriate public notice, A-14-all regular meetings of the city council, including regular council meetings and study sessions, shall be held in the council chambers situated in the City Hall building, 25 West Main Street, Auburn, King For statutory provisions on council meetings in code cities, see RCW 35A.12.110 and 35A.12.120; for provisions on forfeiture of office, see RCW 35A.12.060. - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 26 County, Washington, and shall be open to the general public. (Ord. 5802 § 1, 2004; Ord. 3759 § 1, 1982; 1957 code § 1.04.020.) 2.06.030 Regular meetings. Regular meetings of the city council shall be held on the times and dates as may be heretofore or hereafter set forth by ordinance. (Ord. 5802 § 1, 2004; 1957 code § 1.04.060.) 2.06.040 Special meetings. Special meetings of the city council may be called by the mayor or any three members of the council by written notice delivered to each member of the council at least 24 hours before the time specified for the proposed meeting; provided, however, that no ordinance or resolution shall be passed, or contract let or entered into, or bill for the payment of money allowed, at any special meeting unless public notice of such meeting has been given by such notice to the local press, radio and television as will be reasonably calculated to inform the city's inhabitants of the meeting. Special meetings of the city council may be at city hall or locations within or outside of the city limits; provided that no final action may be taken by the city council at such meetings unless located within the city limits. (Ord. 5802 § 1, 2004; 1957 code § 1.04.070.) 2.06.045 Committee of the whole rneetinW. Committee of the whole, Gen6i6tiRg ef the eRtire membership of the Gity Geuncil and the deputy mayor as presidiRg effiGer, shall meet at 5:005;30 p.m. on the fifth 25 West Main Street, Auburn, Washington, URIess a different tome and/er loratien is standing Gernmitteesstudy sessions, and that dG ROt, OR their present form eF stage of development, lend themselves to the agendas of the or FegulaF GGunGiI meetings. The puFpose, pursuant to the requirements of AGG 2.06.040. (Ord. 5831 § 1, 2004-4. 2.06.050 Meetings —Attendance failure — Office forfeiture. A councilmember shall forfeit his/her office if he/she fails to attend three consecutive regular meetings of the council without being excused by the mayor. (Ord. 5802 § 1, 2004; Ord. 2907 § 2, 1976.) 2.06.060 Rules of procedure of the city council. The rules of procedure of the city council of Auburn, Washington, shall be as - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 27 approved by a majority vote of the city council. (Ord. 5802 § 1, 2004.)2 Section 36. Repeal of Section of City Code. That Section 12.20.050 of the Auburn City Code be, and the same hereby is, repealed. Section 37. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 38. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 39. 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, and on January 1, 2015. INTRODUCED: NOV - 3 2014 PASSED: NOV - 3 2014 APPROVED: NOV - 3 2014 CITY OF AUBURN , NANCY' K S, MAYOR ATTEST: Danielle E. Daskam, City Clerk 2 The rules of procedure of the city council are adopted by reference as Exhibit "A" to Ordinance 5802, and amended by Resolution No. 4282, Resolution No. 4429, Resolution No. 4467, Resolution No. 4615, Resolution No. 4686, Resolution No. 4740, Resolution No. 4813, Resolution No 4909 and Resolution No. 5105, and may be found on file in the city clerk's office. - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 28 APP' °V TO FORRA- Daniel B. eid, City orne Published: - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 29 TEXT OF REPEALED CODE SECTION Section 36 of Ordinance 6532 12.20.050 Width. [DRIVEWAYS] Unless deviation is granted by the public works committee of the city council, the widths shall be in conformance with the city of Auburn design and construction standards and the city of Auburn construction details. (Ord. 5143 § 1, 1998; Ord. 3866 § 2, 1983; Or. 2980 § 1, 1976; 1957 code § 8.14.040.) - - - - - - - - - - - - - - - Ordinance No. 6532 October 14, 2014 Page 30