HomeMy WebLinkAbout10-02-2023 City Council AgendaCity Council Meeting
October 2, 2023 - 7:00 P M
City Hall Council Chambers
A GE NDA
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I .C AL L T O O RD E R
I I .L AND AC K NO WL E D G M E NT
We would like to acknowledge the Federally Recognized Muckleshoot I ndian Tribe, the
ancestral keepers of the land we are gathered on today. We thank them for their
immense contributions to our state and local history, culture, economy, and identity as
Washingtonians.
I I I .P UB L I C PART I C IPAT IO N
1.Public Participation
T he Auburn City Council Meeting scheduled for Monday October 2, 2023 at 7:00
p.m. will be held in person and virtually.
Virtual P articipation L ink:
To view the meeting virtually please click the below link, or call into the meeting at
the phone number listed below. The link to the Virtual Meeting is:
https://www.youtube.com/user/watchauburn/live/?nomobile=1
To listen to the meeting by phone or Z oom, please call the below number or click
the link:
Telephone: 253 215 8782
Toll Free: 877 853 5257
Z oom: https://us06web.zoom.us/j/84901944869
A .P ledge of Allegiance
I V.Roll Call
V.ANNO UNC E M E NT S, M AY O R'S P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .I ndigenous P eoples’ Day
Mayor Backus to proclaim October 9, 2023, as "I ndigenous Peoples’ Day" in the City
of Auburn
Page 1 of 70
B .Domestic Violence Awareness Month
Mayor Backus to proclaim October 2023 as "Domestic Violence Awareness Month" in
the City of A uburn
V I .AG E ND A M O D I F IC AT I O NS
V I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.T he public can participate in-person or submit written
comments in advance.
Participants can submit written comments via mail, fax, or email. All written
comments must be received prior to 5:00 p.m. on the day of the scheduled
meeting and must be 350 words or less.
Please mail written comments to:
City of A uburn
Attn: Shawn Campbell, City Clerk
25 W Main S t
Auburn, WA 98001
Please fax written comments to:
Attn: Shawn Campbell, City Clerk
F ax number: 253-804-3116
Email written comments to:
publiccomment@auburnwa.gov
I f an individual requires an accommodation to allow for remote oral comment
because of a difficulty attending a meeting of the governing body, the City
requests notice of the need for accommodation by 5:00 p.m. on the day of the
scheduled meeting. Participants can request an accommodation to be able to
provide remote oral comment by contacting the City Clerk’s Office in person, by
phone (253) 931-3039, or email to publiccomment@auburnwa.gov
B .Correspondence - (T here is no correspondence for Council review.)
V I I I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aldwin)
Page 2 of 70
I X.C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the S eptember 18, 2023, City Council Meeting
B .Claims Vouchers (Thomas)
Claims voucher list dated September 27, 2023 which includes voucher number 473533
through 473690, in the amount of $7,760,751.77, five electronic fund transfers in the
amount of $2,269.84, and four wire transfers in the amount of $914,289.49
C.P ayroll Voucher (T homas)
P ayroll check numbers 539525 through 539527 in the amount of $726,043.71,
electronic deposit transmissions in the amount of $2,523,912.87, for a grand total of
$3,249,956.58 for the period covering September 14, 2023 to S eptember 27, 2023
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
X .UNF INIS HE D B US I NE S S
X I .NE W B US I NE S S
X I I .RE S O L UT IO NS
A .Resolution No. 5738 (Gaub)
A Resolution authorizing the Mayor to execute an amendment to the loan agreement
between the City and the Community Aviation Revitalization B oard relating to P roject
No. C P 2201, Airport T-Hangar Upgrades
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5738.)
B .Resolution No. 5739 (Faber)
A Resolution surplussing and deacessing the artworks entitled "You Are Here -
Millennium S undial" and "Centennial Mural"
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5739.)
C.Resolution No. 5741 (Thomas)
A Resolution authorizing the Mayor to execute an amendment to the agreement
between the City of Auburn and F oster Garvey P C for legal services to the City
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5741.)
X I I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From the M ayor
X I V.AD J O URNM E NT
Page 3 of 70
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 4 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the September 18, 2023, City Council Meeting
Date:
September 26, 2023
Department:
City Council
Attachments:
09-18-2023 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:October 2, 2023 Item Number:CA.A
Page 5 of 70
City Council Meeting
September 18, 2023 - 7:00 P M
City Hall Council Chambers
MINUT E S
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I .C AL L T O O RD E R
I I .L AND AC K NO WL E D G M E NT
I I I .P UB L I C PART I C IPAT IO N
1.Public Participation
The City Council Meeting was held in person and virtually.
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet, and led those
in attendance in the Pledge of Allegiance.
I V.Roll Call
Councilmembers present: Deputy Mayor J ames J eyaraj, L arry Brown, Bob
B aggett, Kate B aldwin, Cheryl Rakes, and Yolanda Trout-Manuel.
Councilmember Robyn Mulenga was excused.
Department directors and staff members present included: S enior City
S taff Attorney Doug Ruth, Director of P ublic Works I ngrid Gaub, Chief of
P olice Mark Caillier, Director of Parks, Arts, and Recreation Daryl F aber,
Director of Community Development J eff Tate, Director of Anti-
Homelessness Kent Hay, B usiness S ystems Analyst Chrissy Malave, and
Deputy City Clerk Hannah Scholl. Outside Counsel B ob Sterbank attended
the meeting virtually.
V.AP P O I NT M E NT S
A .Transportation Advisory B oard
City Council to approve the appointment of E mily Helms to the Transportation Advisory
B oard for a one year term expiring J une 31, 2024
Councilmember B aldwin moved and Councilmember Trout-Manuel
seconded to appoint E mily Helms to the Transportation Advisory B oard for
a one-year term to expire on J une 30, 2024.
Page 1 of 4Page 6 of 70
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
V I .ANNO UNC E M E NT S, M AY O R'S P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .National Recovery Month
Mayor Backus proclaimed S eptember 2023 as "National Recovery Month"
in the City of Auburn.
A mran A hmed with HealthP oint thanked Mayor and Council for the
opportunity to speak about HealthPoint.
K alena Towle with We Care Daily Clinics thanked the City for recognizing
National Recovery Month.
Cassandra J ackson with S ound Health thanked Mayor and Council for the
opportunity to speak about Sound Health.
Director Hay thanked Health Point, We Care Daily Clinics, and Sound
Health for their willingness to help the people in the community.
V I I .AG E ND A M O D I F IC AT I O NS
There were no modifications to the agenda.
V I I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.T he public can participate in-person or submit written
comments in advance.
L inda Redman 2704 18th S T S E
Ms. Redman expressed her concerns regarding the World Housing
Organization (W.H.O).
Matthew Newman 1252 29th S T S E
Mr. Newman expressed his concerns regarding rent increases in the
City of Auburn.
Virginia Haugen 2503 R S T S E
Ms. Haugen expressed her concerns regarding rent increases in the
City of Auburn, and concerns regarding the Bridges annexation.
B .Correspondence
There was no correspondence for Council to review.
Page 2 of 4Page 7 of 70
I X.C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aldwin)
Councilmember B aldwin, Chair of the F inance Ad Hoc Committee,
reported she and Councilmember Baggett have reviewed the claims
and payroll vouchers described on the agenda this evening and
recommended their approval.
X .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the S eptember 5, 2023, City Council Meeting
B .Minutes of the S eptember 11, 2023, S tudy S ession Meeting
C.Claims Vouchers (Thomas)
Claims voucher list dated September 13, 2023 which includes voucher number 473392
through 473532, in the amount of $2,744,898.46, one electronic fund transfers in the
amount of $453.00, and two wire transfers in the amount of $806,559.11
D.P ayroll Voucher (T homas)
P ayroll check numbers 539521 through 539524 in the amount of $79,208.16,
electronic deposit transmissions in the amount of $2,792,931.53, for a grand total of
$2,872,139.69 for the period covering A ugust 31, 2023 to September 13, 2023
Deputy Mayor J eyaraj moved and Councilmember Rakes seconded to
approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X I .UNF INIS HE D B US I NE S S
There was no unfinished business.
X I I .NE W B US I NE S S
There was no new business.
X I I I .RE S O L UT IO NS
A .Resolution No. 5736 (Tate)
A Resolution resolving to annex certain property, known as “T he B ridges”
Neighborhood and currently located within the City of Kent, Washington, into the City of
A uburn pursuant to R C W 35.10.217(2), and authorizing City S taff to file a Notice of
Page 3 of 4Page 8 of 70
I ntent to Annex with the Washington State Boundary Review Board for K ing County
Councilmember B rown moved and Councilmember B aggett seconded to
adopt Resolution No. 5736.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
B .Resolution No. 5737 (Gaub)
A Resolution authorizing the Mayor to execute an agreement accepting a grant from
K ing County for the Auburn Avenue T heater P roject
Councilmember B rown moved and Deputy Mayor J eyaraj seconded to
adopt Resolution No. 5737.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X I V.M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Councilmember B aldwin reported she attended the P ostmark Center for
the A rts Grand Opening.
Councilmember B rown reported he attended the P ostmark Center for the
A rts Grand Opening. He thanked Mayor for hosting the E mployee
L uncheon and thanked the Utilities Department for their hard work.
Councilmember Trout-Manuel reported she attended the King County B est
S tarts for Kids meeting, Sound Cities Association Domestic Violence Task
Force meeting, and the Postmark Center for the A rts Grand Opening.
B .From the M ayor
Mayor Backus had no report.
X V.AD J O URNM E NT
There being no further business to come before the Council, the
meeting was adjourned at 7:38 p.m.
A P P R O V E D this 2nd day of October, 2023.
____________________________ ____________________________
NA NC Y B A C K US, MAYO R Hannah Scholl, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 4 of 4Page 9 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Thomas)
Date:
September 12, 2023
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claim Vouchers.
Background for Motion:
Background Summary:
Claims voucher list dated September 27, 2023 which includes voucher number 473533
through 473690, in the amount of $7,760,751.77, five electronic fund transfers in the amount
of $2,269.84, and four wire transfers in the amount of $914,289.49.
Rev iewed by Council Committees:
Councilmember:Baldwin Staff:Thomas
Meeting Date:October 2, 2023 Item Number:CA.B
Page 10 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Voucher (Thomas)
Date:
September 12, 2023
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Approve Payroll Vouchers.
Background Summary:
Payroll check numbers 539525 through 539527 in the amount of $726,043.71, electronic
deposit transmissions in the amount of $2,523,912.87, for a grand total of $3,249,956.58 for
the period covering September 14, 2023 to September 27, 2023.
Rev iewed by Council Committees:
Councilmember:Baldwin Staff:Thomas
Meeting Date:October 2, 2023 Item Number:CA.C
Page 11 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5738 (Gaub)
Date:
September 25, 2023
Department:
Public Works
Attachments:
Res olution No. 5738
Agreement
Exhibit C
Exhibit E
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5738.
Background for Motion:
This Resolution allows the Mayor to accept an increase of $75,000 to the existing loan
amount of $750,000 for a total loan of $825,000 to allow for the completion of an upgrade
project to enclose existing open T-Hangars at the Auburn Municipal Airport.
Background Summary:
Resolution No. 5738 authorizes the City to accept an additional $75,000 in low interest loan to
complete the upgrade of the existing airport owned hangar Row’s G and J. This project is
included in the City’s adopted capital facility plan.
The current wait time for enclosed hangar space and the Airport is estimated to be between
10 and 15 years. In order to address a portion of this demand and increase revenue at the
airport long term, the airport is installing interior walls and exterior doors on hangar row G and
replacing existing cloth roll up doors that are beyond their service life on hangar row J.
The City accepted a loan from this project from the Community Aviation Revitalization Board
in 2022 in the amount of $750,000 to complete this project. Consistent with the loan
programs policies, the City requested a 10% increase in the loan amount after opening bids
for the project which came in just slightly over the anticipated budget. The requested increase
is to complete the funding necessary for the project and the Board approved the loan
increase on September 7, 2023 for a total loan amount of $825,000. This project is using
$587,000 in FAA grant funds allocated to the Auburn Airport through the BIL Funding and
$625,000 in Airport funds to complete the funding for this project. Repayment of the loan will
begin 1 year after project completion and will be from the increased revenues for hangar
rents on these hangars. Budget amendment #3 will be complete the allocation of this
additional funding for the project.
Rev iewed by Council Committees:
Page 12 of 70
Councilmember:Brown Staff:Gaub
Meeting Date:October 2, 2023 Item Number:RES.A
Page 13 of 70
-----------------------------
Resolution No. 5738
September 15,2023
Page 1
RESOLUTION NO. 5738
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AMENDMENT TO THE LOAN
AGREEMENT BETWEEN THE CITY OF AUBURN (THE CITY) AND
THE COMMUNITY AVIATION REVITALIZATION BOARD
RELATING TO PROJECT NO. CP2201, AIRPORT T-HANGAR
UPGRADES
WHEREAS, RCW 47.68.460 establishes the Washington State
Department of Transportation (DOT) community Aviation Revitalization Board
(CARB) loan program. The program’s purpose is to furnish DOT financial loans
to public use airports for airport improvements that support general aviation
activities. Loans through the CARB program are offered to qualified airports at
favorable interest rates; and
WHEREAS, the City previously accepted a $750,000 loan from CARB
through Resolution No. 5641 for this project; and
WHEREAS, the constructions costs of the project came in slightly above
the available project budget and the City requested a 10% increase to the loan
amount per the policies of the CARB loan program; and
WHEREAS, on September 7, 2023, the CARB awarded the increase to the
City; and
Page 14 of 70
-----------------------------
Resolution No. 5738
September 15,2023
Page 2
W HEREAS, it is in the best interest of the City to use low interest loan
monies to finance capital improvements to the Airport Hangars which will
generate an increase in revenue to the Airport once completed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor and City Clerk are hereby authorized to execute a
loan amendment between the City and the Community Aviation Revitalization
Board, in substantial conformity with the agree ment attached hereto, marked as
Exhibit “A” and incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Page 15 of 70
-----------------------------
Resolution No. 5738
September 15,2023
Page 3
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this _____ day of _________, 20 23.
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST:
______________________
Shawn Campbell,
City Clerk
APPROVED AS TO FORM:
_____________________
Harry Boesche,
Acting City Attorney
Page 16 of 70
GCB3652-01
The FIRST AMENDMENT to AGREEMENT GCB3652 entered into between the Washington
State Department of Transportation (hereinafter referred to as “WSDOT”), and the City of
Auburn (hereinafter referred to as “RECIPIENT”), and/or individually referred to as the
“PARTY” and collectively referred to as the “PARTIES,”
RECITALS
WHEREAS, both PARTIES agree to amend AGREEMENT GCB3652 to add $75,000 in CARB
Loan Funds to the Project per written request documenting a 10% increase in project costs as
provided in the Aviation Loan Program Procedures Manual (revised August 2022), Chapter 3 –
Eligibility Requirements, Page 16.
NOW THEREFORE, the following AMENDMENTS are hereby incorporated into
AGREEMENT GCB3652.
AGREEMENT
1. RECITALS are hereby incorporated into this AGREEMENT.
2. Amend Caption heading ‘Loan Amount’ on the first page of the AGREEMENT to read as
follows:
3. Amend the existing budget table in EXHIBIT A SCOPE OF WORK, PROJECT SCHEDULE
& BUDGET and replace it to read as follows:
Planning & Engineering (P/E) $ 0.00
Land Acquisition & ROW $ 0.00
Construction $ 825,000.00
Project Total $ 825,000.00
4. Amend EXHIBIT C, LOAN REPAYMENT SCHEDULE, increasing the total amortized
loan debt to $825,000 over a ten (10) year repayment period with annual payments.
5. Add EXHIBIT E, letter dated September 1, 2023, documenting request for an additional
$75,000 (10%) in Community Aviation Revitalization Board (CARB) loan funds to fund the
Project.
6. A copy of this AMENDMENT to the AGREEMENT shall be attached to and made a part of
the original AGREEMENT. Any references to the “AGREEMENT” shall mean
“AGREEMENT as amended.”
Loan Amount:
$825,000.00
Page 17 of 70
GCB3652-01
7. All other terms and conditions of the original AGREEMENT not hereby amended shall
remain in full force and effect. This document may be simultaneously executed in several
counterparts, each of which shall be deemed original having identical legal effect.
IN WITNESS WHEREOF, the PARTIES hereto have executed this AMENDMENT the day and
year last written below.
WASHINGTON STATE CONTRACTOR
DEPARTMENT OF TRANSPORTATION
By: By:
Ann Richart, Director Authorized Representative
WSDOT, Aviation Division Title: __Mayor_______________________
Print Name: __Nancy Backus___________
Page 18 of 70
EXHIBIT C, ESTIMATED LOAN REPAYMENT SCHEDULE - CITY OF AUBURN
ENTER VALUES LOAN SUMMARY
$825,000.00 $91,844.39
2.00%10
10 20
1 $0.00
1/1/2025 $93,443.85
$0.00 LENDER NAME
PMT
NO
PAYMENT
DATE
BEGINNING
BALANCE
SCHEDULED
PAYMENT
EXTRA
PAYMENT
TOTAL
PAYMENT PRINCIPAL INTEREST ENDING
BALANCE
CUMULATIVE
INTEREST
1 1/1/2025 $825,000.00 $91,844.39 $0.00 $91,844.39 $75,344.39 $16,500.00 $749,655.61 $16,500.00
2 1/1/2026 $749,655.61 $91,844.39 $0.00 $91,844.39 $76,851.27 $14,993.11 $672,804.34 $31,493.11
3 1/1/2027 $672,804.34 $91,844.39 $0.00 $91,844.39 $78,388.30 $13,456.09 $594,416.04 $44,949.20
4 1/1/2028 $594,416.04 $91,844.39 $0.00 $91,844.39 $79,956.06 $11,888.32 $514,459.98 $56,837.52
5 1/1/2029 $514,459.98 $91,844.39 $0.00 $91,844.39 $81,555.19 $10,289.20 $432,904.79 $67,126.72
6 1/1/2030 $432,904.79 $91,844.39 $0.00 $91,844.39 $83,186.29 $8,658.10 $349,718.50 $75,784.82
7 1/1/2031 $349,718.50 $91,844.39 $0.00 $91,844.39 $84,850.02 $6,994.37 $264,868.49 $82,779.19
8 1/1/2032 $264,868.49 $91,844.39 $0.00 $91,844.39 $86,547.02 $5,297.37 $178,321.47 $88,076.56
9 1/1/2033 $178,321.47 $91,844.39 $0.00 $91,844.39 $88,277.96 $3,566.43 $90,043.52 $91,642.98
10 1/1/2034 $90,043.52 $91,844.39 $0.00 $91,844.39 $90,043.52 $1,800.87 $0.00 $93,443.85
$918,443.85 $825,000.00 $93,443.85
CARB / WSDOT - Aviation Division
Scheduled payment
Scheduled number of payments
Actual number of payments
Total early payments
Total interest
Optional extra payments
Loan amount
Annual interest rate
Loan period in years
Number of payments per year
Start date of loan
Page 19 of 70
2143 E ST NE, SUITE 1 | AUBURN, WA 98002 | 253-333-6821
AUBURNMUNICIPALAIRPORT.COM | AIRPORT@AUBURNWA.GOV
September 1, 2023
Dear CARB Board:
The Auburn Airport recently opened bids for the T Hangar Enclosure Project which the Airport currently
has a $750,000 CARB Loan for. The low bid for the project with General Mechanical, Inc. was
$1,648,371.60 (see attached bid proposal). The airport is requesting an additional 10% of the original
loan amount in order to complete the entire scope of the project.
Funding of the project breakdown:
CARB Loan: $750,000
Airport Fund: $625,000
FAA BIL Funds: $587,000
Total: $1,962,000
Project Estimate: $2,004,000 (includes design & construction management)
Difference: $42,000
The additional $75,000 from the CARB Loan will make up the difference of $42,000 and cover
contingencies and possible over runs. Completing the full scope of the project will allow the airport to
increase revenue in both the G and J hangar rows by fully enclosing G row and upgrading the doors on J
row.
Construction is estimated to begin within the next couple months.
Respectfully,
Ingrid Gaub
City of Auburn
Public Works Director
Exhibit E
Page 20 of 70
Page 21 of 70
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5739 (Faber)
Date:
September 27, 2023
Department:
Parks/Art and Recreation
Attachments:
Res olution No. 5739
Public Art Deacces s ion Materials
Public Art Deacces s ion Materials (2)
Presentation
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5739.
Background for Motion:
Executing Resolution No. 5739 authorizes the City of Auburn to deaccess two public art
pieces from the Public Art Collection. Due to age and weather each piece is damaged
beyond reasonable repair.
Background Summary:
The Art in Public Places Policy (Section 3.2) requires that the deaccession of public art be
approved by both the Arts Commission and the City Council. At the Arts Commission meeting
of August 1, 2023, staff present the Arts Commission with the current condition reports and
deaccession requests for the Centennial Mural by artist Tom Teitge and You Are Here -
Millennium Sundial by artist Ries Niemi. The Arts Commission voted in favor of
deaccessioning both pieces, given they are damaged beyond reasonable repair and repair
costs far exceed the current value of each piece.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Faber
Meeting Date:October 2, 2023 Item Number:RES.B
Page 22 of 70
--------------------------------
Resolution No. 5739
September 25, 2023
Page 1 of 3
RESOLUTION NO. 5739
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SURPLUSSING AND
DEACESSING THE ARTWORKS ENTITLED “YOU ARE
HERE – MILLENNIUM SUNDIAL” AND “CENTENNIAL
MURAL”
WHEREAS, the “You Are Here – Millennium Sundial” artwork by Ries Niemi has
been located in Les Gove Park since 2000; and
WHEREAS, the “Millennium Sundial” is located outdoors where the weather
elements have severely deteriorated the artwork; and
WHEREAS, the artwork has been damaged to an extent that the expense of
restoration exceeds the artwork’s current market value and the artwork no longer
represents the artist’s intent in creating it; and
WHEREAS, “Centennial Mural” is a 1989 mural by Tom Teitge that is located on
a wall adjacent to the City of Auburn’s B Street parking lot; and
WHEREAS, due to its age, the mural has deteriorated and is in need of extensive
annual maintenance; and
WHEREAS, the artwork has been damaged to an extent that the expense of
restoration exceeds the artwork’s current market value and the artwork no longer
represents the artist’s intent; in creating it; and
WHEREAS, both artists were notified of the City’s intent to deaccess their works
of art and neither objected to deaccession; and
WHEREAS, the Auburn Arts Commission reviewed each work of art and
unanimously approved the deaccession of each; and
Page 23 of 70
--------------------------------
Resolution No. 5739
September 25, 2023
Page 2 of 3
WHEREAS, if “Millennium Sundial” is deaccessed, the City will repurpose any
remaining elements of the artwork for future use in City buildings and artwork; if
“Centennial Mural” is deaccessed the private building owner will have complete discretion
over the artwork.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The following City of Auburn works of art are surplused and
deaccessed:
• “You Are Here – Millennium Sundial”
• “Centennial Mural”
and the City will cease to insure and maintain the artworks, which will be removed from
the City’s permanent art collection. The Auburn Arts Commission is authorized to
determine the use of any elements of either artwork that remain in the City of Auburn’s
possession.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this Resolution.
Page 24 of 70
--------------------------------
Resolution No. 5739
September 25, 2023
Page 3 of 3
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this _____ day of _________, 2023.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
______________________
Shawn Campbell,
City Clerk
APPROVED AS TO FORM:
_____________________
Harry Boesche,
Acting City Attorney
Page 25 of 70
City of Auburn, WA
Request for the Deaccession of Public Artwork
Please see The City’s Deaccession Policy and procedure before removing any objects from the permanent
collection. Please use one form per item.
Artwork: You Are Here - Millennium Sundial
Artist: Ries Niemi
Location: Les Gove Park, 910 9th St SE, Auburn, WA 98002
Date Accessioned: 7/05/2000
Acquisition Method: Commission
Original Cost: $15,000
Current Market Value: The artist assessment noted that it would cost him $75,000 to remake today.
Current Insurance Value: $16,500
Estimated cost of Repair : Materials: $7,750-10,000 l Fabrication: $9,000-12,000 l Art Handling: $9,500-
11,000 l Total: $26,250 – 33,000
Condition: Destroyed Poor Very Poor Fair
Good Very Good Excellent
Reason for Deaccession (Check all that apply):
Theft of the artwork.
Damage beyond reasonable repair, and/or artwork is damaged to the extent that it no longer
represents the artist’s intent, and/or it is damaged to the extent that the expenses of restoration and
repair are found to equal or exceed current market value of the artwork.
Portable artwork is not, or is only rarely, on display due to lack of a suitable site.
For site-integrated or site-specific artworks, the site for which the artwork was specifically created is
structurally or otherwise altered and can no longer accommodate the artwork, is made publicly
inaccessible as a result of new construction, demolition, or security enhancement, or has its
surrounding environment altered in a way that significantly and adversely impacts the artwork.
For site-integrated or site-specific artworks, the site for which the artwork was specifically created is
sold or acquired by an entity other than City of Auburn.
There exists a documented history of incident(s) that shows the artwork is a threat to public safety.
The artist legally exercises the Right of Disassociation granted by the Visual Artists Rights Act of 1990,
preventing the use of his or her name as the creator of the artwork.
The artwork requires excessive maintenance to the extent that the expenses are found to equal or
exceed current market value of the artwork.
The City wishes to replace the artwork with another work by the same artist.
Page 26 of 70
City of Auburn, WA
Request for the Deaccession of Public Artwork
At the time of accessioning, if complete information on the provenance of the artwork is not
available, or more information has since become available, indicating that the artwork does not meet
accession or art selection criteria.
The artwork has become a violation of a city code, policy or regulation.
Additional Reasons/notes:
The wood beneath the metal is rotting and splintering causing metal to become lose and unattached
from wood. The repairs complexity would cause need for either the artist to repair themselves or to
oversee repair, artist has stated that they will not be able to take responsibility for the repairs. The
surface of the piece involves individual interlocking metal panels that each stand at a different level of
relief from the wood making the creation of a new table for the piece complex. The cost to repair and
pay for labor outweighs the current worth of the piece, and the price the piece was originally purchased
at.
Estimation bid for restoration by Artech: See attached
Documentation of correspondence with the artist regarding the above: See attached
Photo documentation of site conditions, if applicable: See attached
Police Report: N/A
Agreement that Artist has been notified and has NOT requested reconsideration: See attached
Artist has requested reconsideration:
Artwork will (after proposed deaccession) will be:
Returned to Artist. Repurposed by City. Disposed of by City. Transferred.
Date of Return/Repurpose/Disposal/Transfer:
Transfer: N/A
Additional notes:
Recommended for Deaccession by: _Allison Hyde, City of Auburn Arts Program Supervisor__________
Approved for Deaccession by Arts Commission on: _______August 1, 2023____________________
Final Approval of Deaccession by Mayor and City Council: ____________________________________
Page 27 of 70
City of Auburn, WA
Request for the Deaccession of Public Artwork
Artwork: You Are Here - Millennium Sundial
Artist: Ries Niemi
Location: Les Gove Park, 910 9th St SE, Auburn, WA 98002
Date Accessioned: 7/05/2000
Original Cost: $15,000
Photographs of artwork proposed for deaccession:
You Are Here - Millennium Sundial by Ries Niemi being installed at Les Gove park in 2000 (above)
You Are Here - Millennium Sundial by Ries Niemi damages and repair in 2017 (above)
Page 28 of 70
City of Auburn, WA
Request for the Deaccession of Public Artwork
You Are Here - Millennium Sundial by Ries Niemi in current state 2023 (above)
Page 29 of 70
From: Ries Niemi <rniemi@fidalgo.net>
Sent: Monday, July 10, 2023 3:03 PM
To: Allison Hyde <ahyde@auburnwa.gov>
Subject: Re: City of Auburn "You Are Here" Damages
Importance: High
CAUTION: The following message originated from outside the City of Auburn. Be careful opening
links and attachments
I am reluctantly having to admit, mostly to myself, that I just dont have the time or energy to rebuild
this piece, and I should let you know that, yes, you should probably deaccession it. I am getting too
old to do this scale of work, and no longer have full time staff in the metal shop.
Also, it was a very low price to begin with, for what it was, and everything is much more expensive
now.
The original piece used recycled lumber that was already a hundred years old. And, as we can see,
that had a lifespan of around 15 to 20 years. New lumber is not even available, nor would it last
much longer.
If I was going to rebuild this piece, I would build a steel subframe, probably from something like 3”
angle iron, that would sit on top of the steel legs, and then, I would use 2” x 6” Trex or similar
composite plastic/wood decking. The available composite material is not as thick as the original
Page 30 of 70
beams, or as wide, and it needs cross supports every 2 or 3 feet.
Then, the surface metal and stone would need to be fitted into the decking- the way I did this last
time was very labor intensive and fussy, tracing each piece, routing a place for them to sit, then
bolting them thru the decking.
I can see this taking me, who has done it before and set up to do it, a couple weeks to build the
metal subframing, and another couple weeks to fit the inlays, then needing to transport the whole
big thing as one unit, on a big truck.
I am willing to consult, if you want to try to find a contractor willing to take this on, but I just cant
commit to doing it myself, as I would have in the past.
Ries
On Jul 3, 2023, at 8:19 AM, Allison Hyde <ahyde@auburnwa.gov> wrote:
Ries,
Hello! I wanted to reach out one more time to see if you are available to come take a
look at your artwork “You Are Here” in Auburn. The option of possibly hiring you to
restore the piece is our last option before we begin the artwork deaccession process.
The wood is deteriorated and has become a hazard. Please let me know if this is
something you would like to consider, and if so, would need to meet to look at it and
create a cost estimate before deciding on next steps.
Thank you,
Allison
Allison Hyde (she/her)
Arts Program Supervisor
City of Auburn
ahyde@auburnwa.gov
253.804.5043
From: Allison Hyde <ahyde@auburnwa.gov>
Sent: Friday, April 28, 2023 11:22 AM
To: ries@riesniemi.com
Subject: RE: City of Auburn "You Are Here" Damages
Ries,
Hello again! I’m hoping that you are back in town and might be available to schedule a
time to meet with us and discuss possibilities for “You Are Here.” Please let me know at
your earliest convenience when you might be able to meet?
Page 31 of 70
Thank you,
Allison
Allison Hyde | Arts Program Supervisor
Pronouns (she/her/hers)
City of Auburn Parks, Arts & Recreation
253.804.5043, ahyde@auburnwa.gov
More ARTS Than You Imagined!
From: ries niemi <ries@riesniemi.com>
Sent: Monday, February 27, 2023 2:10 PM
To: Allison Hyde <ahyde@auburnwa.gov>
Subject: Re: City of Auburn "You Are Here" Damages
CAUTION: The following message originated from outside the City of Auburn. Be
careful opening links and attachments
Alison, I am certainly open to the idea of a souceable composite. I would like to see
pictures of it before you do it, of course, but that seems like a smart idea to me.
This piece was done in about 2001, 22 years ago, for a very low budget, and I sourced
the recycled wood, both because I liked the idea of recycling, and the wood was
beautiful and not too expensive. But 20 years is a very reasonable lifetime for a
recycled organic material like that.
The metal parts have bolts that go thru the planks, with nuts on the bottom. Some of
the stone pieces were, I think, glued in place, in routed out spots. Its been a while, I
cant remember all the details.
I think the big sun is all one piece, and spans several planks, and is bolted down. The big
stone circles are glued down, though, I believe with silicone. They can be removed,
carefully, and reglued to a new substrate.
Let me know what you find out.
Ries
Here it was, brand new, in 2001.
<image001.jpg>
On Feb 27, 2023, at 4:16 PM, Allison Hyde <ahyde@auburnwa.gov> wrote:
Ries,
Hello! Thank you for getting back to me. I see. I had figured getting lumber to match
Page 32 of 70
would likely be a bit specialty and perhaps also very expensive. Yes, the piece of wood
that is rotted and damaged has the metal on top of it. Currently there is a rusty bolt
sticking out that is a hazard, so we might need to just do a bit of a patch job for safety
reasons sooner than later.
As far as bigger picture maintenance planning, if we have to remove the entire top to
replace that board, it seems smart to replace any or all that are in need of replacement.
Given the age of the piece and the inevitable weathering that it will face over time, I
wonder if you would consider allowing us to replace the wood with a similar-looking
composite instead so that the piece can be more durable for maintenance concern
reasons? I am merely anticipating that the expense and time involved with removing
the metal top, replacing the board, or all boards while we are at it, will fall into the
major restoration project category, and hence, a possible discussion weighing the pros
and cons of spending that much to restore a piece with wood that might possible
continue to be a maintenance problem.
I know that making such a change would be a rather dramatic change to the artwork,
and I do not mean to take your artistic intention and material choices lightly. I
appreciate any thoughts or ideas you have about it, and I will try to get an estimate
soon for the possible restoration. Do parts of the metal come apart in sections maybe,
and we could just do pieces of the wood to be replaced as-needed? It looks like one big
piece that would need to be completely take off to replace the wood…
Thanks!
Allison
Allison Hyde (she/her/hers) | Arts Coordinator
City of Auburn Parks, Arts & Recreation
253.804.5043, ahyde@auburnwa.gov
More ARTS Than You Imagined!
From: ries niemi <ries@riesniemi.com>
Sent: Sunday, February 26, 2023 7:23 AM
To: Allison Hyde <ahyde@auburnwa.gov>
Subject: Re: City of Auburn "You Are Here" Damages
CAUTION: The following message originated from outside the City of Auburn. Be
careful opening links and attachments
Allison, I am currently in South America, where I live part of each year, sorry it took me
a while to get back to you.
Page 33 of 70
The wood on that piece is recycled old growth timber, which I originally purchased over
20 years ago from Duluth Timber. At that time, the beams were probably already over
100 years old, cut from trees that were 200 to 300 years old. They were salvaged most
likely from WW1 era military warehouses in Minnesota, and similar timbers were used
to build Bill Gates’ mansion in Bellevue.
So, they are not exactly a catalog item.
I know that several years ago, you guys replaced one or both of the bench timbers,
which were similar, and I dont know where the replacements are, or where they were
sourced from.
Duluth used to have a branch in Washington State, which closed several years ago, but
all their supplies were unique, not stock items.
I do have a friend who is very knowledgable about sourcing large timbers, who I can
consult.
So- first you should check with the Auburn maintainence people, see if anybody knows
where they got the bench timbers.
If that doesnt work, send me the dimensions of the beams- in inches. I may have a
paper file in a loft at my studio, but I wont be back there til mid april.
If I have the dimensions, I can see what might be available.
Do the bad beams have inlaid stone or metal on the top surface?
If so, I would probably need to rout the indentations to reset them.
Ries
On Feb 21, 2023, at 7:33 PM, Allison Hyde <ahyde@auburnwa.gov> wrote:
Dear Ries Niemi,
Hello! We recently noticed some rotten and missing wood on the table portion of your
artwork titled “You Are Here – Millennium Sundial.” I am hoping you might be available
and able to come evaluate the damage and have a conversation about possible next
steps for repairing the work.
I have attached an image of the damage and will look forward to hearing from you.
All the best,
Allison
Allison Hyde (she/her/hers) | Arts Coordinator
City of Auburn Parks, Arts & Recreation
253.804.5043, ahyde@auburnwa.gov
More ARTS Than You Imagined!
The information contained in this electronic communication is personal, privileged and/or
confidential information intended only for the use of the individual(s) or entity(ies) to which it has
been addressed. If you read this communication and are not the intended recipient, you are hereby
Page 34 of 70
notified that any dissemination, distribution or copying of this communication, other than delivery to
the intended recipient is strictly prohibited. If you have received this communication in error, please
immediately notify the sender by reply e-mail. Thank you.<You Are Here Damage
2.21.23.jpeg>
The information contained in this electronic communication is personal, privileged and/or
confidential information intended only for the use of the individual(s) or entity(ies) to which it has
been addressed. If you read this communication and are not the intended recipient, you are hereby
notified that any dissemination, distribution or copying of this communication, other than delivery to
the intended recipient is strictly prohibited. If you have received this communication in error, please
immediately notify the sender by reply e-mail. Thank you.
The information contained in this electronic communication is personal, privileged
and/or confidential information intended only for the use of the individual(s) or
entity(ies) to which it has been addressed. If you read this communication and are not
the intended recipient, you are hereby notified that any dissemination, distribution or
copying of this communication, other than delivery to the intended recipient is strictly
prohibited. If you have received this communication in error, please immediately notify
the sender by reply e-mail. Thank you.
The information contained in this electronic communication is personal, privileged and/or
confidential information intended only for the use of the individual(s) or entity(ies) to which it has
been addressed. If you read this communication and are not the intended recipient, you are hereby
notified that any dissemination, distribution or copying of this communication, other than delivery to
the intended recipient is strictly prohibited. If you have received this communication in error, please
immediately notify the sender by reply e-mail. Thank you.
Ries Niemi
Industrial Artist
www.riesniemi.com
Page 35 of 70
City of Auburn, WA
Request for the Deaccession of Public Artwork
Please see The City’s Deaccession Policy and procedure before removing any objects from the permanent
collection. Please use one form per item.
Artwork: Centennial Mural
Artist: Tom Teitge
Location: East Main and B Street NE, Auburn, WA
Date Accessioned: May 12, 1989
Acquisition Method: Grant Funded Commission
Original Cost: $17,500
Current Market Value: $23,186
Current Insurance Value: $23,186
Estimated cost of Repair: $5,000-$8,000
Condition: Destroyed Poor Very Poor Fair
Good Very Good Excellent
Reason for Deaccession (Check all that apply):
Theft of the artwork.
Damage beyond reasonable repair, and/or artwork is damaged to the extent that it no longer
represents the artist’s intent, and/or it is damaged to the extent that the expenses of restoration and
repair are found to equal or exceed current market value of the artwork.
Portable artwork is not, or is only rarely, on display due to lack of a suitable site.
For site-integrated or site-specific artworks, the site for which the artwork was specifically created is
structurally or otherwise altered and can no longer accommodate the artwork, is made publicly
inaccessible as a result of new construction, demolition, or security enhancement, or has its
surrounding environment altered in a way that significantly and adversely impacts the artwork.
For site-integrated or site-specific artworks, the site for which the artwork was specifically created is
sold or acquired by an entity other than City of Auburn.
There exists a documented history of incident(s) that shows the artwork is a threat to public safety.
The artist legally exercises the Right of Disassociation granted by the Visual Artists Rights Act of 1990,
preventing the use of his or her name as the creator of the artwork.
The artwork requires excessive maintenance to the extent that the expenses are found to equal or
exceed current market value of the artwork.
The City wishes to replace the artwork with another work by the same artist.
At the time of accessioning, if complete information on the provenance of the artwork is not
available, or more information has since become available, indicating that the artwork does not meet
accession or art selection criteria.
The artwork has become a violation of a city code, policy or regulation.
Page 36 of 70
City of Auburn, WA
Request for the Deaccession of Public Artwork
Additional Reasons/notes:
Wall façade is crumbling and in disrepair. Extensive peeling of painting, leading to loss of some sections.
Documentation of correspondence with the artist regarding the above: See Attached
Agreement that Artist has been notified and has NOT requested reconsideration.
Artist has requested reconsideration: N/A
Photo documentation of site conditions, if applicable:
See attached at end of document
Police Report: N/A
Artwork will (after proposed deaccession) be:
Returned to Artist. Repurposed by City. Disposed of by City. Transferred.
Other: The owner of the building on which the mural is painted has full discretion over the work.
Date of Return/Repurpose/Disposal/Transfer: N/A
Additional notes:
There are tentative plans for a future owner of this building. In the case we do not deaccession the
piece, the wall will fall into further disrepair as the cost of restoration exceeds the original cost of
commission and accession.
Deaccession Proposed by: Allison Hyde, Arts Program Supervisor, City of Auburn
Deaccession approved by Arts Commission on: August 1, 2023
Deaccession approved by Mayor and City Council:
Final date of deaccession:
Page 37 of 70
City of Auburn, WA
Request for the Deaccession of Public Artwork
Images – 2023 Documentation
Façade of building is cracking heavily on the rightmost section of the wall. Large chips are forming,
and portions of wall paint are flaking off. Pieces of the mural are missing in some sections.
Page 38 of 70
City of Auburn, WA
Request for the Deaccession of Public Artwork
Page 39 of 70
City of Auburn, WA
Request for the Deaccession of Public Artwork
Page 40 of 70
City of Auburn, WA
Request for the Deaccession of Public Artwork
Page 41 of 70
City of Auburn, WA
Request for the Deaccession of Public Artwork
Page 42 of 70
City of Auburn, WA
Request for the Deaccession of Public Artwork
Page 43 of 70
City of Auburn, WA
Request for the Deaccession of Public Artwork
Page 44 of 70
City of Auburn, WA
Request for the Deaccession of Public Artwork
Page 45 of 70
City of Auburn, WA
Request for the Deaccession of Public Artwork
Page 46 of 70
From: Allison Hyde <ahyde@auburnwa.gov>
Sent: Tuesday, July 25, 2023 3:31 PM
To: groundwiretom@gmail.com
Subject: Re: Centennial Mural Deaccession
Tom,
Thank you very much for your understanding about this transition and thank you for the wonderful
gift that your mural has been for the Auburn community.
I will pass along your contact information.
Wishing you all the best,
Allison
Allison Hyde (she/her/hers) | Arts Program Supervisor
City of Auburn Parks, Arts & Recreation
253.804.5043, ahyde@auburnwa.gov
More ARTS Than You Imagined!
On Jul 25, 2023, at 3:21 PM, Tom Teitge <groundwiretom@gmail.com>
wrote:
CAUTION: The following message originated from outside the City of
Auburn. Be careful opening links and attachments
Hello Allison, Wanted to drop you a line confirming that I understand
that the City of Auburn is fully relinquishing any responsibility for
maintaining or insuring or in any other way being further responsible
Page 47 of 70
for my Auburn ”Centennial Mural” ,painted in 1989….. It’s on its own...
Thank you to Auburn for looking after it for so long.... Please, if possible
pass my contact info, on to the property owners, should they care to
reach me for any further discussions about the artwork (independent
of the city.} All the best, Tom Teitge
On Jul 18, 2023, at 1:57 PM, Allison Hyde
<ahyde@auburnwa.gov> wrote:
Dear Tom Teige,
Hello! Thank you very much for your time
today talking with me on the phone about
the City of Auburn's plans to deaccession
the "Centennial Mural." Due to the
deteriorating condition of the wall on
which it was painted, we are no longer
able to maintain this artwork, but have
been very proud to have it as a favorite
mural in Auburn since 1989.
Just to reiterate what we discussed, the
City of Auburn would like to deaccession
the artwork, meaning that it will no longer
be under our responsibility to insure or
maintain and will be removed from our
official list of permanent collection
artworks, after which point the building
owner will be free to do what they wish
with the wall and mural.
We appreciate your understanding and
are greatly appreciative of the artwork
that has meant so much to Auburn and its
community.
Thank you again,
Allison
Allison Hyde (she/her)
Arts Program Supervisor
Page 48 of 70
City of Auburn
(253) 804-5043
The information contained in this
electronic communication is personal,
privileged and/or confidential information
intended only for the use of the
individual(s) or entity(ies) to which it has
been addressed. If you read this
communication and are not the intended
recipient, you are hereby notified that any
dissemination, distribution or copying of
this communication, other than delivery
to the intended recipient is strictly
prohibited. If you have received this
communication in error, please
immediately notify the sender by reply e-
mail. Thank you.
The information contained in this electronic communication is personal, privileged and/or
confidential information intended only for the use of the individual(s) or entity(ies) to which it has
been addressed. If you read this communication and are not the intended recipient, you are hereby
notified that any dissemination, distribution or copying of this communication, other than delivery to
the intended recipient is strictly prohibited. If you have received this communication in error, please
immediately notify the sender by reply e-mail. Thank you.
Page 49 of 70
Public Art
Deaccession
Proposal
“You Are Here - Sundial Millennium” by Ries Niemi
“Centennial Mural” by Tom Teitge Page 50 of 70
Public Art Deaccession Proposal
01 City Policy regarding public art deaccession process
02 Presentation of artwork deaccession “You Are Here - Millennium Sundial” by Ries Niemi
03 Supporting information
04 Presentation of artwork deaccession “Centennial Mural” by Tom Teitge
05 Supporting information
06 Results of Art Commission Meeting
07 Next steps
9/27/2023 2Page 51 of 70
9/27/2023 3
“The deaccession of artwork is the removal of an artwork from the Auburn Public Art Program. This includes the removal
of the artwork from its public site, removal from the maintenance cycle, and moving of records, both hard copy and
electronic, into a Deaccessioned Collection file.”
Deaccession policy:
•Monies dedicated to the acquisition and maintenance of artworks do not qualify for costs associated with deaccession of artwork. All costs
associated with the deaccession of any artwork will be approved through Special Budget or Budget Adjustment Request on a per-pro ject basis.
•An artwork may not be deaccessioned based on content, subject matter or use of materials.
•An artwork may be considered for deaccession only under certain conditions: 3.2.3.1-3.2.3.11 ART IN PUBLIC PLACES POLICY & PROCEDURE
Process of Deaccession:
•At the conclusion of the annual Maintenance Survey, staff will prepare a recommendation for deaccession of artworks, if any, fro m the
Collection for review and evaluation by the Auburn Arts Commission, then refer to Mayor and City Council for action. The report will be
specific and include all items listed in Art in Public Spaces Policy: 3.4.2.1 – 3.4.2.7 ART IN PUBLIC PLACES POLICY & PROCEDURE
Decision to deaccess artwork:
•The decision to remove an artwork is the result review and evaluation of the Arts Staff report by the Auburn Arts Commission for
recommendation to Mayor and City Council for action. Upon this decision to deaccess artwork, the Commission will consider what action
should be taken, with priority given to public benefit of the Collection. Every step will be taken to arrive at a mutual balance between
observing the rights of the artist and public benefit.
The Art in Public Places Policy was established and written by Laurie Rose/Edited by Maija McKnight Jan 5, 2010
ART IN PUBLIC PLACES POLICY & PROCEDURE
Page 52 of 70
“You Are Here -
Millennium Sundial” by
Ries Niemi
Location: Les Gove Park, 910 9th St SE, Auburn, WA 98002
Date Accessioned: 7/05/2000
Original Cost: $15,000
Current Market Value: The artist assessment noted that it
would cost him $75,000 to remake today.
Current Insurance Value: $16,500
Estimated Cost of Repair: $26,250 – 33,000
City Public Art Policy Qualifications for Deaccession:
1. Damage beyond reasonable repair
2. Artwork is damaged to the extent that it no longer
represents the artist’s intent
3. Artwork is damaged to the extent that the expenses of
restoration and repair are found to equal or exceed current
market value of the artwork.
9/27/2023 4
Photo documentation of damage 2017
Photo documentation of damage 2023
Page 53 of 70
Other
City Public Art Policy Qualifications for Deaccession:
1.The artwork requires excessive maintenance to the
extent that the expenses are found to equal or
exceed current market value of the artwork.
Supporting:
•Agreement that Artist has been notified and has NOT
requested reconsideration.
•Artwork will be repurposed by The City.
•Picnic table will be utilized in the park for gathering.
9/27/2023 5Photo documentation of damage 2017
Page 54 of 70
“Centennial Mural” by
Tom Teitge
Location: East Main and B Street NE, Auburn, WA
Date Accessioned: May 12, 1989
Original Cost: $17,500
Current Market Value: $23,186
Current Insurance Value: $23,186
Estimated cost of Repair: $5,000-$8,000
City Public Art Policy Qualifications for Deaccession:
1. The site for which the artwork was specifically
created is structurally or otherwise altered and can no
longer accommodate the artwork, is made publicly
inaccessible as a result of new construction,
demolition, or security enhancement, or has its
surrounding environment altered in a way that
significantly and adversely impacts the artwork.
9/27/2023 6
Photo documentation of damage 2023
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Other
City Public Art Policy Qualifications for Deaccession:
2. Damage beyond reasonable repair, and/or artwork is
damaged to the extent that it no longer represents the artist’s
intent, and/or it is damaged to the extent that the expenses of
restoration and repair are found to equal or exceed current
market value of the artwork
3. The artwork requires excessive maintenance to the extent
that the expenses are found to equal or exceed current market
value of the artwork.
Supporting:
•Agreement that Artist has been notified and has NOT
requested reconsideration.
•The owner of the building on which the mural is painted
has full discretion over the work.
9/27/2023 7Photo documentation of damage 2023
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The Auburn Arts Commission reviewed and voted
unanimously to approve the deaccession of:
“You Are Here - Millennium Sundial” by Ries Niemi
and “Centennial Mural” by Tom Teitge
on August 1, 2023
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Next steps:
1. City Council review and approval for deaccession.
2. Removal from public art insurance policy and
maintenance plan.
3. Documenting and repurposing artwork elements as
able to.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5741 (Thomas)
Date:
September 19, 2023
Department:
Finance
Attachments:
Res olution No. 5741
Engagement for Services - Original
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5741.
Background for Motion:
Resolution No. 5741 amends the City of Auburn's agreement with Foster Garvey PC for legal
services, which was originally signed July 18, 2023.
Background Summary:
The City of Auburn originally entered into an agreement for legal services with Foster Garvey
PC on July 18, 2023, with provisions identified in the Engagement for Services Letter. The
purpose of the agreement was to provide interim legal services for several complex issues,
while the City conducted an executive search for a new City Attorney. The original agreement
was not to exceed $100,000.
Resolution No. 5741 would amend the original engagement agreement to increase the
maximum costs by additional $300,000. The increase is necessitated by: the complexity of
some of the City's ongoing projects; the number of active projects requiring legal guidance;
and the extended period of time required to conduct a thorough executive search for a highly
qualified City Attorney.
Approval of Resolution No. 5741 authorizes the Mayor to sign the amendment for legal
services with Foster Garvey PC.
Rev iewed by Council Committees:
Councilmember:Baldwin Staff:Thomas
Meeting Date:October 2, 2023 Item Number:RES.C
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Resolution No. 5741
September 27, 2023
Page 1 of 3
RESOLUTION NO. 5741
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AMENDMENT TO THE AGREEMENT
BETWEEN THE CITY OF AUBURN AND FOSTER GARVEY
PC FOR LEGAL SERVICES TO THE CITY
WHEREAS, the City of Auburn is currently in need of legal services while it seeks
to hire a new city attorney; and
WHEREAS, the City contracted with the law firm of Foster Garvey PC on July 18,
2023 to provide these services; and
WHEREAS, Foster Garvey has capably provided legal advice to the City since the
contract was executed; and
WHEREAS, the contract includes a one-hundred thousand dollar limit for legal
services and the fees and costs for services already rendered have approached that
amount; and
WHEREAS, the City desires to increase the maximum contract amount to enable
continuation of legal services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an amendment to the contract
between the City and Foster Garvey PC increasing the maximum expenditure for legal
services an additional three-hundred thousand dollars, which amendment will be in
substantial conformity with the amendment attached hereto.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this Resolution.
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Resolution No. 5741
September 27, 2023
Page 2 of 3
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this ___ day of _______, 2023.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
______________________
Shawn Campbell,
City Clerk
APPROVED AS TO FORM:
_____________________
Harry Boesche,
Acting City Attorney
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Resolution No. 5741
September 27, 2023
Page 3 of 3
AMENDMENT No. 1
to the CITY OF AUBURN AGREEMENT FOR LEGAL SERVICES
with FOSTER GARVEY PC
This 1st amendment is to an Agreement for legal services between the City of Auburn
and Foster Garvey PC executed on July 18, 2023.
RECITALS
WHEREAS, Foster Garvey’s July 7, 2023 engagement letter limited the amount of fees
and costs billed for legal services to one-hundred thousand dollars; and.
WHEREAS, Foster Garvey PC recently give the City notice, as required by its
engagement letter, that it had incurred nearly eighty-five thousand dollars in fees and
costs; and.
WHEREAS, the City seeks to continue to engage Foster Garvey PC for legal services
beyond the maximum amount stated in the firm’s engagement letter.
AMENDMENT
Now Therefore, for good and valuable consideration, the undersigned parties agree to
amend the third paragraph of the engagement of services letter in the following manner:
“No retainer is required. We will bill the City only for the actual fees and costs
incurred in the performance of legal services requested by the City. Fees and
costs billed under this engagement will not exceed $100,000 $400,000, and we
will notify the City when fees and costs incurred have reached eighty-five percent
(85%) of that amount. A copy of our Terms for Engagement of Services is
attached. We understand that such services will be directed through the Offices
of the Mayor or by Dana Hinman, Director of Administration.”.
All other provisions of the July 7, 2023 Engagement for Services Letter and the Terms
of Engagement shall remain in full force and effect.
CITY OF AUBURN FOSTER GARVEY
Accepted and confirmed Accepted and confirmed
this ____day of October, 2023 this _____day of October, 2023
______________________________ ____________________________
Nancy Backus Bob Sterbank
City of Auburn Mayor Of Counsel
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18th
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