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HomeMy WebLinkAbout10-17-2011 Council Agenda Packet City Council Meeting October 17, 2011 - 7:30 PM Auburn City Hall AGENDA Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER A. Flag Salute B. Roll Call C. Announcements, Appointments, and Presentations 1. Dr. Pepper Snapple Group & Kaboom Check Presen tation Mayor Lewis to accept a check from Dr. Pepper Snapp le Group & Kaboom for Game Farm Park playground equipment. 2. Letter of Commendation - Joseph Stubblefield Mayor Lewis and Police Chief Lee to present a lette r of commendation to Joseph Stubblefield. 3. Appointment to Park and Recreation Board City Council to confirm the appointment of David Do menowske to the Park and Recreation Board to fill an unexpired term expi ring December 31, 2013. D. Agenda Modifications II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Public Hearing - 2011 -2012 Biennial Budget* (Backus/Coleman) City Council to conduct a public hearing to receive public comments and suggestions with regard to the proposed modificatio ns to the 2011-2012 Biennial Budget, including revenue estimates and po ssible increases in property taxes. (ACTION REQUESTED: City Council conduct the public hearing.) 2. Public Hearing - Development Agreement with Auburn Properties, Inc. related to the Auburn Gateway Project* (Norman/Sny der) City Council to conduct a public hearing on Develop ment Agreement between the City of Auburn and the Robertson Properties Gro up (aka Auburn Properties) for the development of the Auburn Gatew ay Project. (ACTION REQUESTED: City Council conduct the public hearing.) B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are re minded to sign in on the form provided. C. Correspondence There is no correspondence for Council review.III. COUNCIL COMMITTEE REPORTS A. Municipal Services 1. October 10, 2011 Minutes* (Peloza) B. Planning & Community Development 1. October 10, 2011 Minutes* (Norman/Snyder) C. Public Works 1. October 3, 2011 Minutes* (Wagner/Dowdy) D. Finance 1. October 3, 2011 Minutes* (Backus) E. Les Gove Community Campus F. Downtown Redevelopment G. Council Operations Committee IV. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, region al and local organizations. A. From the Council B. From the Mayor V. CONSENT AGENDA All matters listed on the Consent Agenda are consid ered by the City Council to be routine and will be enacted by one motion in the fo rm listed. A. Minutes of the October 3, 2011 City Council Meeting * B. Claims Vouchers (Backus/Coleman) Claims check numbers 408053 through 408465 in the a mount of $8,336,537.28 and dated October 17, 2011. C. Payroll Vouchers (Backus/Coleman) Payroll check numbers 532257 to 532308 in the amoun t of $785,228.15 and electronic deposit transmissions in the amount of $1,183,172.53 for a grand total of $1,968,400.68 for the pay period covering September 29, 2011 to October 12, 2011. D. Public Works Project No. C201A* (Wagner/Dowdy) City Council approve Final Pay Estimate No. 2 to Co ntract No. 11-17 in the amount of $19,505.57 for a total contract price of $215,37 8.06 with BRC Incorporated and accept construction of Project No. C201A, Residenti al Buildings Demolition E. Public Works Project No. CP0701* (Wagner/Dowdy) City Council approve Final Pay Estimate No. 6 to Co ntract No. 10-04 in the amount of $7,783.87 and accept construction of Project No. CP0701 8th Street NE and R Street NE Signal F. Public Works Project No. CP1116* (Wagner/Dowdy) City Council award Contract No. 11-20 to Northeast Electric LLC on their low bid of $463,600.00 for Project No. CP1116 Downtown Pedestr ian Lighting Replacement G. Agreement for Consulting Services with Fisher Jurko vich Public Affairs* (Wagner/Robertson) City Council to approve an Agreement for Consulting Services with Fisher Jurkovich Public Affairs, LLC. H. Utility Leak Adjustment Appeal - Griffin* (Wagner/Coleman) City Council to approve a leak adjustment in the am ount of $350.00 for account number 013896-000. (ACTION REQUESTED: City Council approve the Consent Agenda.) VI. UNFINISHED BUSINESS There is no unfinished business.VII. NEW BUSINESS There is no new business.VIII. ORDINANCES A. Ordinance No. 6383* (Peloza/Faber) An Ordinance of the City Council of the City of Aub urn, Washington, amending Title 2 of the Auburn City Code by creation a new C hapter, "2.82 Poet Laureate" (ACTION REQUESTED: City Council introduce and adopt Ordinance No. 6383.) IX. RESOLUTIONS A. Resolution No. 4757* (Norman/Faber) A Resolution of the City Council of the City of Aub urn, Washington, authorizing the Mayor and City Clerk to execute the Museum Services Agreement between the City of Auburn and the White River Valley Historica l Society (ACTION REQUESTED: City Council adopt Resolution No . 4757.) B. Resolution No. 4758* (Wagner/Dowdy) A Resolution of the City of Auburn, Washington, aut horizing the Mayor to execute a Highways and Local Programs State Funding Agreeme nt between the City of Auburn (The City) and the Washington State Departme nt of Transportation (The State) relating to Project No. C201A, M Street SE U nderpass (ACTION REQUESTED: City Council adopt Resolution No . 4758.) C. Resolution No. 4759* (Backus/Dowdy) A Resolution of the City Council of the City of Aub urn, Washington, declaring certain items of property as surplus and authorizin g their disposal (ACTION REQUESTED: City Council adopt Resolution No . 4759.) D. Resolution No. 4760* (Backus/Heid) A Resolution of the City Council of the City of Aub urn, Washington, authorizing the Mayor to take all necessary and appropriate steps t o formalize a Sister City relationship between the City of Auburn and Tamba, Japan (ACTION REQUESTED: City Council adopt Resolution No . 4760.) E. Resolution No. 4761* (Backus/Heid) A Resolution of the City Council of the City of Aub urn, Washington, authorizing the Mayor to take all necessary and appropriate steps t o formalize a Sister City relationship between the City of Auburn and City of Pyeongchang, Republic of Korea (ACTION REQUESTED: City Council adopt Resolution No . 4761.) X. ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov ), and via e-mail. Complete agenda packets are avai lable for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing - 2011-2012 Biennial Budget Date: October 5, 2011 Department: Finance Attachments: PowerPoint Budget Impact: $0 Administrative Recommendation:City Council to conduct a public hearing to receive public comments and suggestions with regard to the proposed modifications to the 20 11-2012 Biennial Budget, including revenue estimates and possible increases in propert y taxes.Background Summary:This is the initial public hearing held prior to th e review of the 2011-2012 mid-biennial budget correction. This provides an opportunity for any citizens to make comments or suggestions prior to publication of the mid-biennial correction. Another public hearing will be held after publication of the mid-biennial budge t correction. F3.23 Reviewed by Council Committees:Finance Councilmember:Backus Staff:Coleman Meeting Date:October 17, 2011 Item Number:PH.1 AUBURN * MORE THAN YOU IMAGINED PH.1 Mid -Biennial Budget Review Public Hearing #1 Presentation to City Council October 17, 2011 Preparedby Auburn Finance Department PH.1 Mid -Term Budget Corrections Review Hearing Calendar 2 `Monday, October 17 `Council Public Works Committee `(3:30pm, City Hall Annex Conf. Room 1)`Council Finance Committee `(6:00pm, City Hall Annex Conf. Room 2)`Monday, October 24 `Council Municipal Services Committee `(3:00pm, Auburn City Hall, 2 nd Floor)`Council Planning and Community Development Committee `(5:30pm, City Hall Annex Conf. Room 2)`Thursday, November 17 `Council Workshop on mid-term budget corrections `(4:00pm-5:30pm; Council Chambers)PH.1 2012 Property Tax Levy 3 Calculation of 2012 PreliminaryProperty Tax Levy City Levy 2011 PropertyTax Levy $ 14,595,036 2012 Preliminary Property Tax Levy Previous <HDU¶V/HY\  $ 14,595,036 Add: 1.0% 145,950 Add: Preliminary property tax onnew construction 133,854 Total 2012 PreliminaryProperty Tax Levy $ 14,874,840 Allocation of 2012 Preliminary Property Tax Levy City Levy General Fund $12,874,840 Local Street Fund (Save Our Streets program)2,000,000 Total 2012 PreliminaryProperty Tax Levy $ 14,874,840 PH.1 Property Tax Assessed Valuation 4 Year Assessed Valuation [a]Assessed Valuation New Construction [a]Total 2009 $ 6,959,373,524 $ 120,803,527 $ 7,080,177,051 2010 7,614,133,780 88,121,557 7,702,255,337 2011 7,437,442,009 106,851,997 7,544,294,006 2012 (Preliminary)7,095,038,251 69,190,084 7,164,228,335 [a] Source: King and Pierce County Department of Assessments. PH.1 5 End of Presentation PH.1 AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing - Development Agreement with Auburn Properties, Inc. related to the Auburn Gateway Proj ect Date: October 12, 2011 Department: Planning and Development Attachments: Resolution No. 4756 Sept. 1, 2011 and Oct. 11, 2011 Memo from City Atty Heid and Assistant City Atty Gross Budget Impact: $0 Administrative Recommendation:City Council conduct quasi-judicial public hearing.Background Summary:For the last several years, City of Auburn staff ha s been negotiating with Robertson Properties Group (RPG) that is directly affiliated with Auburn Properties, Inc on future development of approximately 60 acres located east of Auburn Way North, west of the extension of I ST NE, south of S 277th ST, and Nort h of 45th ST NE consisting of the Valley 6 Drive-In Theater site and surrounding prop erties owned by Robertson Properties Group (RPG) and hereafter referred to as the Auburn Gateway Project. The efforts around these negotiations have included the preparation of Environmental Impact Statement (EIS) documentation, amendments to the Ci ty's Comprehensive Plan and Zoning Code to authorize and apply the Mixed Use Co mmercial Zone (C-4), preparation of a draft Development Agreement and preparation of a draft Planned Action Ordinance. Related to the overall processing, in August 2011, the City Council approved Ordinance No. 6371 that authorized a four-month continued con ditional effectiveness of the Comprehensive Plan and C-4 zoning to the Auburn Gat eway Project. The comprehensive plan and zoning designations applied to the Auburn Gateway Project are conditioned upon the successful execution of a deve lopment agreement between the City and Robertson Properties Group. The designatio ns do not become permanent until the City Council approves a development agreement. Planning and Development, Public Works and Legal Department staff has been actively working with Robertson Properties Group to complete required studies, negotiations an d documentation in order to provide the City Council with substantive policy making opp ortunities that would facilitate the phased development of the Auburn Gateway Project. AUBURN * MORE THAN YOU IMAGINED PH.2 As previously discussed with the City Council, the development agreement proposed for Auburn Gateway is vested under the provisions of Ch apter 14.21 (Development Agreements) that was repealed by City Council's app roval of Ordinance No. 6187. Section 14.21.050 specifies that the City Council s hall only approve a development agreement after a duly noted public hearing before the City Council. Public noticing for the public hearing has included publication of a le gal notice in the October 7, 2011 edition of the Seattle Times, mailing of a public h earing notice to all property owners of record pursuant to the current records of the King County Assessor on October 6, 2011 and posting of two (2) public hearing notice boards at the site on October 7, 2011. The City Council's consideration of the Development Agreement including conduct of the public hearing is a quasi-judicial action. Please f ind attached September 1, 2011 and October 11, 2011 memorandums from City Attorney Hei d and Assistant City Attorney Gross regarding considerations and procedures for t he Council's participation and decision-making in a quasi-judicial framework. Staff has previously distributed background materia ls at Council Committees' work sessions. These materials have included the Draft a nd Final Environmental Impact Statement for Northeast Auburn/Robertson Properties Special Area Plan, the Northeast Auburn/Robertson Properties Special Area Plan Envir onmental Impact Statement Addendum, the proposed Architectural and Site Desig n Standards, the property legal description and the site plan. Staff requests that for the public hearing only the City Council bring these previously distributed material s. They will be included in the final version of Resolution No. 4756 presented for City C ouncil action at a subsequent regular City Council meeting. O3.4.1.25, O3.6 Reviewed by Council Committees:Municipal Services, Planning And Community Developm ent, Public Works Other: Legal Councilmember:Norman Staff:Snyder Meeting Date:October 17, 2011 Item Number:PH.2 AUBURN * MORE THAN YOU IMAGINED PH.2 ---------------------------- Resolution No. 4756 10.12.11 Page 1 of 5 RESOLUTION NO. 4756 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH AUBURN PROPERTIES, INCORPORATED RELATED TO THE AUBURN GATEWAY PROJECT WHEREAS, Chapter 14.21 of the Auburn City Code (rep ealed in 2008 by Ordinance No. 6127) and Chapter 36.70B.170 – 36.70B .210 allow cities to enter into development agreements in order to provide grea ter flexibility in existing city standards in exchange for development that is of signifi cantly higher quality, generating more public benefit, and providing a mor e sensitive proposal than that which would be required by the existing code; and WHEREAS, Auburn Properties, Incorporated, acting throu gh its affiliate Robertson Property Group (“Applicant”), filed a comple ted application for a Development Agreement before the repeal of ACC 14.2 1, and has been working with City staff to prepare an agreement for Council’s review; and WHEREAS, all public meeting and hearing requirements in ACC 14.21.045 and ACC 14.21.050.A have been met, as fol lows: a public meeting was held on November 21, 2002; January 28, 2003; and February 12, 2004. This application was presented for discussion to the Council’s Pl anning and Community Development Committee on July 25, 2011 an d September 26, 2011, and was passed out of committee with a do pass recommendat ion on October 10, 2011. The application was also presented to the Pub lic Works Committee for discussion on August 15, 2011 and October 3, 2011, and to the Municipal Services Committee on August 8, 2011 and October 10, 2 011. The application PH.2 ---------------------------- Resolution No. 4756 10.12.11 Page 2 of 5 was also discussed at the Committee of the Whole committee meeting on August 29, 2011. All of these meetings were properly noticed and were open to the public. Additionally, a duly-noticed public hearing wa s held on October 17, 2011 before the full City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUB URN, HEREBY RESOLVES as follows: Section 1. That the City Council, in accordance with ACC 14.21.01 0B, makes the following findings: 1.1 The Applicant has prepared a traffic analysis, and right-of-way (“ROW”) is proposed to be dedicated and improved, in order to manage vehicular traffic associated with the project and passing through t he project site. This will provide linkages in an area currently underserved by st reets. In particular, the Applicant’s proposal will result in dedication of right -of-way and contribution toward the construction of I Street NE, a minor arter ial street, which will provide traffic relief for Auburn Way North, and will avoid more piecemeal dedication and roadway construction; 1.2 The Applicant proposes Architectural and Design Sta ndards to promote pedestrian-oriented design for the developmen t in excess than what is currently required by Title 18 (Zoning) of the Aubur n City Code; 1.3. The Applicant will be responsible for continuation of trail construction along the south side of S. 277 th Street along its site frontage. The Planned Action Ordinance (“PAO”), to be separately ad opted by the City Council, PH.2 ---------------------------- Resolution No. 4756 10.12.11 Page 3 of 5 requires, as a mitigation measure, that the Applicant submit a master plan for pedestrian and non-motorized circulation for City appr oval; 1.4. The C-4 mixed-use zoning adopted by the City, a nd given permanent status upon execution of the Development Agr eement, requires residential uses to be located on the upper story of mul ti-storied buildings, thereby encouraging compact development; 1.5. Currently, the City has no design standards in pla ce that would apply to the Project; 1.6. The Applicant has, in conjunction with the City, p roposed Architectural and Site Design standards to apply to the Project to demonstrate an enhanced level of design and quality, and to promote compatibility within the Project boundaries; 1.7. The Applicant has previously taken action to provid e 40,546 square feet of wetland buffer enhancement in the Project are a; 1.8. The Applicant will provide regular written prog ress and status reports, and will participate in meetings with the Cit y to report on project status; 1.9. The Agreement contains a process for interpretatio n and modification of its provisions; 1.10. The Agreement contains a termination provision that requires the Applicant to develop its project according to the terms of the agreement and the PAO. Section 2 . That, based on these findings, the Council concludes t hat: PH.2 ---------------------------- Resolution No. 4756 10.12.11 Page 4 of 5 2.1. Based on findings 1.1 through 1.6, the Applicant has met the criteria in ACC 14.21.010(B)(2) that the Project prov ide efficient and effective use of land, opens space and public facilities that results in a higher quality of development than is required by the standards of the a pplicable zone; 2.2. Bbased on findings 1.4 through 1.6, the Applicant has met the criteria in ACC 14.21.010(B)(3) to provide building and site design that complement surrounding land uses and their environmen t; 2.3. Based on findings 1.7, the Applicant has met the cr iteria in ACC 14.21.010(B)(4) that the project provide for superio r protection of critical areas; 2.4. Based on all of the findings above, the Applicant has met the criteria in ACC 14.21.010(B)(1) that the project prov ide development that is consistent with the goals and polices of the comprehensive plan; 2.5. Based on all the findings above, the proposed dev elopment will be of significantly higher quality, will generate more p ublic benefit, and will be a more sensitive proposal than would be developed in th e absence of the proposed agreement. Section 3. That the Mayor is hereby authorized to enter into a Development Agreement in substantially the form at Ex hibit A, with Auburn Properties, Incorporated. Section 4. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. PH.2 ---------------------------- Resolution No. 4756 10.12.11 Page 5 of 5 Section 5. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this _____ day of _________________, 2011. CITY OF AUBURN ________________________________ PETER B. LEWIS MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney PH.2 PH.2 PH.2 PH.2 PH.2 PH.2 AGENDA BILL APPROVAL FORM Agenda Subject: October 10, 2011 Minutes Date: October 11, 2011 Department: Police Attachments: Minutes Budget Impact: $0 Administrative Recommendation:Background Summary:For Info Only Reviewed by Council Committees:Councilmember:Peloza Staff:Meeting Date:October 17, 2011 Item Number:MS.0 AUBURN * MORE THAN YOU IMAGINED MS.0 Municipal Services Committee October 10, 2011 - 3:00 PM City Hall Conference Room 3 MINUTES DRAFT I. CALL TO ORDER A. Roll Call Chair Peloza called the meeting to order at 3:00 p.m. in Conference Room 3 on the second floor of City Hall, 25 West Main Street, Auburn WA. Members present : Chair Bill Peloza, Vice Chair Sue Singer, Member John Partridge. Staff present : Mayor Pete Lewis, Chief of Police Bob Lee, Publi c Works Director Dennis Dowdy, Finance Director Shell ey Coleman, Planning and Development Director Kevin Snyder, City Attorney Dan Heid, Assi stant City Attorney Doug Ruth, Assistant City Attorney Steve Gross, Assistant Public Works Direct or Dennis Selle, Principal Planner Jeff Dixon, Police Secretary/Scribe Kathy Emmert. Others prese nt: citizens Wayne Osborne and Nick Perius, Dorsey & Whitney representative Terry Danysn, Aubur n Reporter representative Robert Whale. B. Announcements There were no announcements. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Municipal Services Minutes 9/26/11 Meeting Vice Chair Singer moved to accept the Consent Agend a. Member Partridge seconded. Chair Peloza concurred. MOTION CARRIED: 3:0 III. DISCUSSION ITEMS A. Auburn Gateway Project - Draft Development Agreemen t (Snyder) Review and discussion of draft Development Agreemen t (DA) for Auburn Gateway Project proposed by Robertson Properties Gr oup. Principal Planner Jeff Dixon provided and overview and summary of the draft development agreement between the City of Auburn and Robertson Properties Group for the property located at the far north end of Auburn and known as the Auburn Gateway Project. Committee members having had an opportunity to review the materials t hrough other committee presentations requested a few clarifications. The Committee supp orts this project. B. Auburn Gateway Project - Draft Planned Ordinance (Snyder) Page 1 of 2 MS.0 Review and discussion of draft Planned Action Ordin ance (PAO) for Auburn Gateway Project proposed by Robertson Properties Gr oup. Principal Planner Jeff Dixon provided background an d summarized the proposed Ordinance and explained how it related to the draft development a greement. The Committee supports the Ordinance recognizing there may be some fine tuning prior to it's presentation and implementation by the full Council as the project progresses. C. Solid Waste - Tipping Fees (Coleman) Finance Director Shelley Coleman presented informat ion regarding increased King County landfill costs (Tipping Fees) for haulers from $95 to $109 fo r a garbage ton. The City of Auburn anticipated an increase in these tipping fees for 2 012, and included the increase in its fee structure to citizens in the 2011 rate changes. King County Council will be reviewing the 2013 rates next year. D. Alleyway Speed Limits Director Dowdy and Assistant City Attorney Doug Rut h addressed the request of the Committee to revisit the possibility of establishing speed limit s in city alleyways.Legal consulted with both Judge Burns and the WSDOT. It is their opinion that stat e law prohibits setting a speed limit lower than 20 mph in an alleyway. The City has and will conti nue its policy of meeting with neightorhoods and when requested implement traffic calming measures s uch as humps and pillows in alleyways. E. Matrix The Matrix is updated as follows: Item 20 P - a correction to a date in the Status co lumn reflecting the effective date of the Animal Services Agreement to January 1, 2012 with actual o perations beginning January 1, 2013. Item 24 P - will reflect the "special" scheduled Mu nicipal Service Committee workshop date of October 20, 2011. IV. ADJOURNMENT The meeting adjourned at 3:50 p.m. The next meeting is scheduled for October 24, 2011 at 3 p.m. Signed this ____ day of October, 2011. __________________________________ _________________________________ Bill Peloza, Chair Kathy Emmert, Police Secretary/Scribe Page 2 of 2 MS.0 AGENDA BILL APPROVAL FORM Agenda Subject: October 10, 2011 Minutes Date: October 13, 2011 Department: Planning and Development Attachments: PCDC Draft Minutes - October 10, 2011 Budget Impact: $0 Administrative Recommendation:For information only.Background Summary:Reviewed by Council Committees:Planning And Community Development Councilmember:Norman Staff:Snyder Meeting Date:October 17, 2011 Item Number:PCD.0 AUBURN * MORE THAN YOU IMAGINED PCD.0 Planning and Community Development October 10, 2011 - 5:30 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Vice-Chair Nancy Backus called the meeting to order at 5:30 p.m. in Conference Room No. 2, located on the second floor of One Main Stre et building, One East Main Street, Auburn, Washington. A. Roll Call Vice-Chair Backus and Member Partridge were present . Chairman Norman was excused. Also present were Mayor Pete Lewis, Plann ing and Development Director Kevin Snyder, Economic Development Manager Doug Lein, Contract Economic Development Planner William Thomas, Princi pal Planner Jeff Dixon, Assistant City Attorney Steven Gross, City E ngineer Dennis Selle, and Planning & Development Secretary Tina Kriss. Members of the public in attendance included: Wayn e Osborne; Terry Daynsh of Dorsey & Whitney LLP, representing Robertson Proper ties Group (RPG); and Robert Whale of the Auburn Reporter. B. Announcements There were no announcements. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Minutes - September 26, 2011 (Snyder) Councilmember Partridge moved and Councilmember Backus seconded to Approve the September 26, 2011 minutes, as amended. Vice-Chair Backus suggested clarifying the location of the meeting as Conference Room No. 2, located on the second floor of the One Main Street building, One East Main Street, Auburn, Washington. Motion Carried Unanimously. 2-0. III. ACTION A. Resolution No. 4756 - Auburn Gateway Project - Draf t Development Page 1 of 5 PCD.0 Agreement (Dixon) Councilmember Partridge moved and Councilmember Backus seconded to Approve Resolution No. 4756 to full City Council for review and approval. Planning & Development Director Kevin Snyder inform ed Committee Council’s consideration of the development agreement for Aubu rn Gateway proposed by Robertson Properties Group is a quasi-judicial acti on conducted in a open and transparent manner subject to the appearance of fai rness doctrine. If there are any conflict of interest or any ex parte communicat ion (conversations outside the normal public arena between members of City Council and interested parties including the applicant) those need to be divulged prior to any decision making. Any decisions must be based on specific criteria s pecified by Auburn City Code 14.21.010.B. Assistant City Attorney Steven Gross provided optio ns Committee may want to consider for making a future decision. He noted tha t staff can help craft the Findings of Fact and Conclusions of Law for the pac ket for full Council based on tonight’s presentation or wait until the public hea ring that is set for October 17, 2011 to have this conversation with the entire City Council. Vice-Chair Backus and Member Partridge stated they have no concerns in ha ving a public discussion. Principal Planner Jeff Dixon provided the staff rep ort. Mr. Dixon stated staff is asking for Committee action in the form of forwardi ng a recommendation on Resolution No. 4756 to full City Council. The devel opment agreement is scheduled for Public Hearing on October 17, 2011. M r. Dixon pointed out new documentation within the packet. Mr. Dixon describe d the history of Council committees’ discussion of the draft development agr eement. He advised that a summary of the Public Works Committee’s October 3, 2011 discussion is included in this meeting packet. Mr. Dixon also explained that the development agree ment and planned action ordinance were discussed at the October 10, 2011 Mu nicipal Services Committee. He indicated that there was not time to provide a written record from this meeting that occurred earlier in the day. Mr. Dixon therefore described key questions and answers from staff that were discusse d at the Municipal Services Committee meeting. Vice-Chair Backus requested staff to discuss the hi ghlights or importance of the materials in the packet and Committee will ask any relevant questions in response. Committee and staff discussed funding ga ps to Transportation/Utility/Infrastructure Improvements. Director Snyder stated the City recognizes there will likely be a funding gap betwe en the ultimate cost of these improvements and what RPG is legally responsible to contribute. RPG has a certain responsibility and this has been pointed ou t; the City will need to work together with developer in the future to address th ese funding gap issues and that Page 2 of 5 PCD.0 there is no obligation or commitment of funding in the development agreement. Director Snyder pointed out to Committee the negoti ations for any funding gaps will be factually based on the environmental review documents and traffic analysis provided for this project. Principal Planner Dixon noted that an important poi nt is the proposed changes by the Public Works committee. He provided a one-page handout that highlighted the two changes requested by the Public Works Committee from their discussion held on October 3, 2011. Principal Planner Dixon stated in the interest of C ouncil having full information, on the record, a decision should be made on whether to share the information on the nature of changes and content of discussion at Publ ic Works Committee held October 3, 2011. Director Snyder stated the Committee can review the criteria for approval of the development agreement contained in the meeting pack et and provide its thoughts and ideas about compliance to all or a portion of t hese criteria. Director Snyder noted and Assistant City Attorney Gross confirmed t hat the Council is not required to find that all of the criteria have been met in o rder to approve the development agreement. Principal Planner Dixon noted that staf f has provided a summary of public benefits and compliance to the criteria begi nning on page 50 of 192. It was discussed that the Committee can determine i f they agree with the written comments provided by staff as provided in the packe t and if Committee concurs the comments can be used to draft the Findings of F act. Any additional thoughts, ideas, comments or language can be added to those s tatements to formulate the Findings if the Committee agrees. Vice-Chair Backus asked staff if there is any areas staff has responded to, in reference to the four decision-making criteria, tha t staff has concerns with or needs to be highlighted? Planning & Development Dir ector Snyder responded that there are no areas of concern. Director Snyder stated the DA is structured to ensu re and protect any current or future City Council from an obligation to expend an y City funds until a policy conversation takes place and the City Council appro ves a funding allocation. Vice-Chair Backus confirmed these will all continue to be City projects unless the developer voluntarily agrees to construct. Staff co ncurred and Director Snyder pointed out it would not mean the developer could n ot make a business decision to complete certain improvements of their own volit ion and seek a payback agreement as currently allowed for in City code. Vice-Chair Backus and Member Partridge requested st aff prepare the draft Findings of Fact and Conclusions of Law if recommen ded for approval to the full Page 3 of 5 PCD.0 City Council. Motion Carried Unanimously. 2-0. B. Ordinance No. 6382 - Auburn Gateway Project - Draft Planned Ordinance (Dixon) Councilmember Partridge moved and Councilmember Backus seconded to Approve Ordinance No. 6382 – Auburn Gateway Project – Draft Planned Ordinance inclusive of the staff prop osed amendment. Principal Planner Dixon provided the staff briefing on Ordinance No. 6382. Ordinance No 6382 establishes a new section in the zoning code for the Auburn Gateway project and sets up the review and administ ration processes for subsequent permits and applications submitted to th e City. Mr. Dixon noted that a key advantage of the planned action ordinance for the applicant is the removal of the need to go through additional environmental review if future development applications are found to com ply with the planned action ordinance. Mr. Dixon presented a staff proposed modification t o the draft Ordinance; Director Snyder stated any motion to approve should include this recommendation by staff if the Committee is inclined to accept the amendmen t. Principal Planner Dixon stated that the amendment w ould add an additional chart under the Transportation Section of ACC 18.08.040. Vice-Chair Backus asked Member Partridge if he had any questions. Member Pa rtridge stated he had no questions or any issues with any of the documents s ubmitted. Director Snyder stated staff will be presenting the Draft Development Agreement, Resolution No. 4756, to full City Council Monday Oc tober 17, 2011 to conduct the appropriate public hearing. Resolution No. 4756 and Ordinance No 6382 will then be brought before full City Council for considerati on, likely at the City Council’s November 7, 2011 regular meeting. Director Snyder explained the Planning Commission w ill subsequently be working through changes to the North Auburn Special Area Pl an and be developing recommendations that staff will bring to Council as part of the 2011 Annual Comprehensive Plan updates. Director Snyder stated that it is expected the recommendations will be brought before Council for their meeting the first week in December, 2011. Motion Carried Unanimously. 2-0. IV. DISCUSSION ITEMS A. Director's Report (Snyder) Page 4 of 5 PCD.0 Planning Director Snyder stated the Comprehensive D owntown Parking Management Plan inventory is complete except for th e on-street parking component. Staff has been working with Transportati on Planner Joe Welsh on the compilation of this data. Director Snyder advised t hat staff will present a report on its findings to the Committee at its October 24, 20 11 regular meeting. Director Snyder advised that staff is also continuing to wor k on the stakeholder’s position of the project and has met with the Mayor and deter mined stakeholders to be interviewed and the questions to be asked of these stakeholders as well as the questions for business and property owners and the general community. B. PCDC Status Matrix (Snyder) Committee and staff reviewed the matrix and address ed various upcoming agenda items. V. ADJOURNMENT There being no further business to come before the Planning & Community Development Committee, the meeting was adjourned at 6:15 p.m. Page 5 of 5 PCD.0 AGENDA BILL APPROVAL FORM Agenda Subject: October 3, 2011 Minutes Date: October 12, 2011 Department: Public Works Attachments: October 3, 2011 Draft Minutes Budget Impact: $0 Administrative Recommendation:Information only.Background Summary:Reviewed by Council Committees:Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:October 17, 2011 Item Number:PW.0 AUBURN * MORE THAN YOU IMAGINED PW.0 Public Works Committee October 3, 2011 - 3:30 PM Annex Room 2 MINUTES I. CALL TO ORDER Chairman Rich Wagner called the meeting to order at 3:30 p.m. in Conferen Room #2, located on the second floor of Auburn City Hall, One East Main S Auburn, Washington. A. Roll Call Chairman Wagner, Vice-Chair Bill Peloza, and Member Haugen we present. Also present during the meeting were: Coun cilmember Joh Partridge, Public Works Director Dennis Dowdy, City Engineer/Assi Director Dennis Selle, Assistant City Engineer Ingr id Gaub, Utilities Engineer Dan Repp, Traffic Engineer Pablo Para, Eng ineering Aide Amber Mund, Transportation Planner Joe Welsh, Proje ct Engineer Robert Lee, Project Engineer Jacob Sweeting, Financ e Director She Coleman, Planning Director Kevin Snyder, Assistant City Attorney Steven Gross, Principal Planner Jeff Dixon, Water U tility Engineer Cynthia Lamothe, Finance Accounting Manager Rhonda Ewing, and Public Works Department Secretary Jennifer Rigsby. Members of the public in attendance included: Tina Britton and her spouse, Ms. Griffin, Terrence Danysh, Partner, Dors ey & Whitney L representing the Robertson Properties Group (RPG), and Wayne Osborne. B. Announcements There were no announcements. C. Agenda Modifications There were two modifications to the Consent Agenda: C. Public Works Project No. CP1109 Award Small Works Contract No. 11-15 to Llyod Enterprises, Inc their Low Bid of $141,169.50 Plus Washington State Sales Tax o $13,411.10 for a Total Contract Price of $154,580.6 0 for Project CP1109, 2011 Storm Pipeline Repair and Replacement F. Public Works Utilities Maintenance Agreement Grant Permission to Enter into an Agreement with Ut ilities Servic Page 1 of 15 PW.0 Inc. Co. to Install a New Pump and Related Appurten ances and Perform Routine Maintenance and Inspection at Well 4 II. CONSENT AGENDA A. Approval of Minutes It was moved by Vice-Chair Peloza, seconded by Member Haugen,the Committee approve the minutes of the September 19, 2011 Pub Works Committee Meeting. Motion carried 3-0. B. Right-of-Way Use Permit No. 11-23 (Mund) Approve Right-of-Way Use Permit No. 11-23 for King County Metro Transit It was moved by Vice-Chair Peloza, seconded by Member Haugen,the Committee Approve Right-of-Way Use Permit No. 1 1-23 for Kin County Metro Transit. Engineering Aide Mund explained that King County Me tro Transit is applying for their 5-year Right-of-Way Use Permit, which is for all of bus stops that they have located in the City’s Righ t-of-Way. Chairman Wagner asked if the policy outlined in spe cial condition number 8 for the permit is a new policy. Engineerin g Aide Mund answered that condition number 8 is the same as it was in the applicant’s last permit. Assistant Director/City Engineer Sel le stated minimizing the number of individual bus stops in th e downtown zone the direction given to staff by the City Council. C hairman Wagner as that staff confirm with the Planning Department tha t the policy is the most current and desired policy. Member Haugen asked how many bus stops are covered under the permit. Engineering Aide Mund answered that there a re 189 King C Metro stops. Member Haugen confirmed with staff tha t the stops are monitored to ensure the Right-of-Way remains safe. Motion carried 3-0. C. Public Works Project No. CP1109 (Lee) Approve Award of Small Works Contract No. 11-15, to the Lowest Responsible Bidder for Project No. CP1109, 2011 Sto rm Pipeline Repair and Replacement - Phase 1 It was moved by Vice-Chair Peloza, seconded by Member Haugen,the Committee Approve award of Small Works Contract No. 11-15 t Lloyd Enterprises, Inc. for Project CP1109, 2011 St orm Pipeline Re and Replacement, for design only, as amended. Page 2 of 15 PW.0 Project Engineer Lee noted the agenda modification and the change the administrative recommendation. Project Engineer Lee stated that Lloyds Enterprises Inc is the low b and explained that a bidder did claim error as allo wed, which the sta confirmed. Chairman Wagner asked why the contract amount is su bstantially lo than the project’s budget. Lee answered that the contract is for pha s of the project and the budget covers both phase 1 a nd 2. Assistant Director/City Engineer Selle answered que stions asked by Member Haugen regarding the project’s timeline and completion da Assistant Director/City Engineer Selle stated that the size of pipe be used is consistent with the Comprehensive Plan and calculations fo project have been made to ensure that the size of p ipe is adequate now and in the future. Chairman Wagner asked if the improvements being mad e to the ou are related to the NPDES permit requirements. Proje ct Engineer Le stated that the improvements are not related to the permit requirem and they are a maintenance driven improvement. Chai rman Wagne verified that the improvement is for handling flow and not for water quality treatment. Utilities Engineer Repp stated that water is usuall y treated prior to discharge at an outfall because a water treatment f acility to treat at outfall would need to be very large, in response to a question asked Chairman Wagner. Project Engineer Lee stated that the project’s scop e for the 37 th Str site includes installation of a gate, which will be place approximately ft upstream of the outfall and will not be close to Mill Creek, in respo to a question asked by Vice-Chair Peloza. Chairman Wagner requested additional information on outfalls in the be presented to the Committee following comments ma de by Memb Haugen. Motion carried 3-0. D. Public Works Project No. CP0915 (Lee) Grant Permission to Enter into Consultant Agreement No. AG-C-409 with Golder Associates for Design, Survey and Environmen tal Services for Project No. CP0915, Well 1 Improvements - Phase II It was moved by Chair Peloza, seconded by Chairman Wagner, tha Page 3 of 15 PW.0 Committee grant permission to enter into Consultant Agreement No C-409 with Golder for Project No. CP0915, Well 1 Im provements. Project Engineer Lee stated that the agreement is f or the consultan contract for design of the improvements for Well 1. The scope of the project includes the design of the new transmission line from Well 1 the Howard Road Corrosion Control Treatment Facilit y and new sto lines on M Street SE. Lee reported that the replace ment of the utiliti M Street SE will be coordinated with the M Street S E Underpass pro schedule and the closure of M Street SE. Assistant Director/City Engineer Selle and Project Engineer Lee answered questions asked by Chairman Wagner regardi ng the not -exceed amount for the agreement. Chairman Wagner st ated that m justification for the discrepancy between the not-t o-exceed amount $808,400.00, stated on the agenda bill, and the con sultant cost of $489,000.00 listed on the budget status sheet may b e needed prior awarding the contract. Engineer Lee explained that the contract incl optional services for Construction Support by the c onsultant that is l in the budget status sheet under construction engin eering – consult Assistant Director/City Engineer Selle suggested th at the contract b awarded for $489.000.00. Chairman Wagner and Vice-Chair Peloza supported that suggestion. Vice-Chair Peloza asked about the project timeline. Proj ect Enginee Lee stated that the goal for the utility line repla cements is to go out construction early summer 2012 so that it coincides with the closure Street SE. Lee stated that the design of the well f acility will take long and be constructed in 2013. Assistant Director/City Engineer Selle explained ho w the constructio contract will be advertised for bid and award, in r esponse to a quest asked by Vice-Chair Peloza. Assistant Director/City Engineer Selle spoke about the corrosion co facility program and its purpose, in response to qu estions asked by Member Haugen. Assistant Director/City Engineer Sel le stated that goal is to have as many of the City’s water sources as possible runn through the facilities to lower the water pH system -wide to an appropriate level. Member Haugen stated that she would be voting again st entering in the consultant agreement for the project because of her concern regarding the loss of minerals in the City’s water supply, which she believes to be caused by running the water through corrosion contro facilities. Page 4 of 15 PW.0 Motion carried 2-1. Member Haugen voted against. E. Public Works Project No. CP0920 (Lee) Approve Final Pay Estimate No. 7 to Contract No. 10 -26 in the Amount of $20,381.99 and Accept Construction of Project No. C P0920 2009 AC Watermain Replacement It was moved by Vice-Chair Peloza, seconded by Member Haugen,the Committee Approve Final Pay Estimate No. 7 to C ontract No. 10 and accept construction of Project No. CP0920, 2009 AC Watermai Replacement. Chairman Wagner asked if any of the work done was r elated to the Verdana development. Project Engineer Lee stated th at the project scope was not related to the development and the pr oject replaced pipes. Project Engineer Lee answered questions asked by Ch airman Wag regarding who installed the pipes. Assistant Direct or/City Engineer S pointed out that the AC water pipes were commonly u sed and all of need to be replaced regardless of who installed the m initially. Project Engineer Lee provided additional informatio n regarding Cha Order No. 3 for the additional pavement overlay wor k following a questions asked by Vice-Chair Peloza. Project Engineer Lee stated that the contractor had a lot of issues w location of the water line which contributed to the liquidated damage amount, in response to a question asked by Vice-Cha ir Peloza. Motion carried 3-0. F. Public Works Utilities Maintenance Agreement (Lamot he) It was moved by Vice-Chair Peloza, seconded by Member Haugen,the Committee Approve the Agreement with Utilities Services Inc. C Install a New Pump and Related Appurtenances and Pe rform Routi Maintenance and Inspection at Well 4. Water Utility Engineer Lamothe explained that the f unds for the agreement are already budgeted. Motion carried 3-0. III. RESOLUTIONS A. Resolution No. 4753 (Sweeting) A Resolution of the City Council of the City of Aub urn, Washington, Page 5 of 15 PW.0 Authorizing the Mayor to Execute a Construction Loa n Agreement Between the City of Auburn and the Washington State Public Works Board Relating to the M Street SE Underpass Project (C201A) It was moved by Vice-Chair Peloza, seconded by Member Haugen,the Committee recommend that the City Council adopt Resolution N 4753. Chairman Wagner asked if the City qualifies for the “5-year deferral start-up systems” as outlined in the loan agreement. Project Engine Sweeting stated that the City does not qualify beca use the deferral new utility systems that do not have an existing cu stomer/revenue stream. Sweeting explained that the payments on the City’s loan wi deferred until completion of the project and during construction any amount that is drawn on will require interest only payments. Assistant City Attorney Gross answered questions as ked by Chairm Wagner regarding Termination for Convenience clause s. Vice-Chair Peloza asked if the Project Engineer Sweeting anticipate any problems with the required project signage. Pro ject Engineer Sweeting answered that all of the City projects hav e signs posted th describe the project and gives the start and comple tion dates. All th Public Works Board is requiring is that the signs c ontain additional information regarding their project funding. Chairm an Wagner reque that all funding partners be included on the projec t signs. Vice-Chai Peloza agreed. Project Engineer Sweeting answered questions asked by Vice-Chai Peloza regarding the effectiveness of the current p roject information signs. Project Engineer Sweeting briefed Member Haugen on the M Stree Underpass Project funding sources. Sweeting explain ed that Freigh Mobility Strategic Investment Board awarded the Cit y a $6,000,000.grant for construction only and when the project do es go to construc those funds will be used first. Sweeting stated tha t the Public Works Trust Fund Loan will be drawn on for construction t oward the later p the project. Chairman Wagner asked when the Transportation Impro vement Bo Grant will be awarded. Project Engineer Sweeting st ated the applica was submitted in August and staff expects to hear a bout the award November. Following the award, staff will come to t he Committee fo permission to advertise the project with the financ ial statement show how the construction will be funded, with or withou t the potential gra funds. Page 6 of 15 PW.0 Chairman Wagner noted three scrivener’s errors in the agenda bill a resolution. Motion carried 3-0. B. Resolution No. 4754 (Dowdy) A Resolution of the City Council of the City of Aub urn, Washington, Authorizing the Mayor to Confirm the Amounts Owed a nd Reimburse Pierce County, Puget Sound Energy and Cascade Water Allian ce for the Easement Fees that the City Agreed to Pay After the Annexation of the Area that Encompasses the Lake Tapps Parkway Draina ge Facilities that Empty into the Puget Sound Tailrace It was moved by Vice-Chair Peloza, seconded by Chairman Wagne that the Committee recommend City Council adopt Res olution No. 4 Director Dowdy referred to the Summary of City Fee Obligation and stated that the memo summarizes the history of even ts leading to fe that are due to Pierce County, Puget Sound Energy, and Cascade W Alliance. Chairman Wagner verified that there will also be an ongoin annual fee. Director Dowdy confirmed that there wil l be an annual b approximately $7,000.00 per year. Chairman Wagner asked why the City is obligated to pay Cascade Water Alliance (CWA). Director Dowdy answered that CWA now ow the Tail Race. Director Dowdy explained that Pierce County continu make payments even following annexation by the City and that is w the City now needs to make payment to Pierce County , in response question asked by Chairman Wagner. Director Dowdy responded to questions asked by Vice -Chair Peloza regarding the recorded documents listed in the summ ary memo. Member Haugen verified that the Right-of-Way parcels are all locate Pierce County. Director Dowdy confirmed that they a re. Member Haugen spoke about the concerns that she had when the C initially annexed into Pierce County. Motion carried 2-1. Member Haugen voted no. IV. DISCUSSION ITEMS A. Griffin Leak Adjustment Appeal (Coleman) Chairman Wagner stated that the appeal does not mee t the City’s current policy. Page 7 of 15 PW.0 Vice-Chair Peloza asked for the current balance of the total utility bill. Finance Director Coleman answered that as of August 31, 2011 balance was $704.21. Vice-Chair Peloza stated that he does not agree wit h the City’s curr policy and because the leak occurred in an extensio n from the mete customer should qualify for an adjustment. Chairman Wagner pointe out that under the circumstances described by Vice-Chair Peloza, a customer with a leak in their sprinkler system woul d also qualify for adjustment as well as the trailer parks. Vice-Chair Peloza stated that he believes that the Commi ttee shoul make an exception to the policy in this case. Chair man Wagner and Vice-Chair Peloza discussed whether or not a precedent w ould be s allowing exceptions to the administrative policy. Member Haugen verified that the Committee could rec ommend a change in the current policy. Chairman Wagner respo nded that a recommendation could be made, however he would be a gainst a ch to the policy. Finance Director Coleman answered questions asked b y Member Haugen regarding how City staff notifies customers of potential leak The Committee discussed the pros and cons of making exceptions policy. Finance Director Coleman stated that if the Committ ee made an exception to the policy the $500.00 adjustment woul d be applied. Coleman pointed out that the $704.21 balan ce also include fees for sanitary sewer, storm, and solid waste and the water portio $593.00. Vice-Chair Peloza made the recommendation of applying a $350.00 credit adjustment to the balance. Chairman Wagner s tated that he c not support the recommendation because it would set a precedent f making similar exceptions for a variety of water cu stomers. Vice-Ch Peloza reiterated his reasons for making an excepti on to the policy. Chairman Wagner stated that he feels the nu mber of custom making adjustment appeals would greatly increase if the Committee starts making exceptions to the policy. Member Haugen stated that she would be willing to r ecommend to Council making an exception to the policy in this c ase and allowing $350.00 credit adjustment to be made to the custome r’s account, as suggested by Vice-Chair Peloza. Page 8 of 15 PW.0 Chairman Wagner asked if the adjustment appeal woul d go to the C Council for approval. Finance Director Coleman veri fied that the Cit Council would be asked to grant final approval for the adjustment. Tina Britton introduced herself to the Committee as the daughter of property owner. Ms. Britton explained that when her mother became aware of the water leak on the property she did hav e a family memb locate and repair the leak. Ms. Britton questioned whether or not he mother had been notified about the potential leak. Ms. Britton quest the City’s procedure for notifying the property owner that t he adjustm appeal is being discussed at the Committee Meeting. Ms. Britton stated that the water line, in which th e leak occurred, run from the meter to an apartment that is on her mothe r’s property, wh contains a washroom, bathroom and bedroom and not t o a sprinkle system or water faucet. Ms. Britton discussed the timeline for the reading of the water meter the repair of the water leak and her mother’s subsequent conversat with the meter reader and the utilities’ customer service representat Finance Director Coleman reviewed the timeline for the meter readi and the customer’s billing cycle. Coleman stated that the water met was read on August 1 st and it showed an increase in consumption a the Accounting Specialist entered a service request for the Water Technician to go to the property. On August 4 th , the Water Technici reported that the water meter was not moving and th e water leak ha been repaired. The technician also noted that he sp oke with the pro owner on August 4 th . Chairman Wagner and Finance Director Colem discussed the procedure that should have been follo wed for reading meter and notifying the property owner of a potenti al water leak. Finance Director Coleman stated that there is no al ert system that w notify the City of a potential water leak other tha n the readings taken the meter readers, in response to a question asked by Ms. Britton. The Committee continued discussion of the timeline for the meter reading, the water leak repair and customer notific ation procedures the current City policy for eligible leak adjustmen ts. It was moved by Vice-Chair Peloza that based on the $704 balance the Committee recommend an adjustment of $350.00. C hairman Wagner asked if Vice-Chair Peloza would like to include justification making an exception to the policy and noted that Vi ce-Chair Peloza would have to justify the recommendation to the Cou ncil. Vice-Chai Peloza stated that he did not agree with the curren t policy, the leak occurred in the line from the meter to a building o n the property and Page 9 of 15 PW.0 in a line to a sprinkler system. Vice-Chair Peloza stated that he felt is fair to grant the $350.00 adjustment. Vice-Cha ir Peloza also commented on the positive payment history of the cu stomer and tha customer did take action to repair the leak as soon as they realized was one. Member Haugen asked if she could make an amendment to the motion. Chairman Wagner stated that the motion need ed to be mov forward and then an amendment could be made. Member Haugen seconded the motion. Chairman Wagner stated that he could support the mo tion if it noted the exception to policy is being made in this case because the wate is serving a building on the property that is habit able thus eliminatin potential for adjustment appeals being made in case s where the lea occur in sprinkler systems, trailer parks etc. Vice-Chair Peloza agreed to Chairman Wagner suggest ion. Finance Director Coleman answered questions asked b y Member Haugen regarding the billing for sanitary sewer. Assistant City Attorney Gross suggested that an ame ndment to the motion be made and include limiting the exception t o a single dwelli unit on the same line as the primary dwelling struc ture. The Commit agreed. Vice-Chair Peloza moved, and Member Haugen seconded , to recommend to the City Council that a leak adjustmen t credit in the amount of $350.00 be granted to the customer and th at this excepti the policy is limited to a single dwelling until th at is on the same line the primary dwelling structure, and amended. Motion carried 3-0. B. Auburn Gateway Project - Draft Development Agreemen t (Dixon) Principal Planner Dixon asked Assistant City Attorn ey Gross to mak some introductory comments prior to addressing the Committee’s questions. Assistant City Attorney Gross reminded the Committe e that the requ for approval of the Development Agreement (DA) is a quasi-judicial action under former Auburn City Code ACC 14.21, whi ch has been repealed and instructed the Committee that if they have specific questions outside of an open public meeting, in ord er to preserve th record, they need to supply their questions in writ ing and staff will su their answers in writing and that will all become p art of the record, a with other quasi-judicial actions. Page 10 of 15 PW.0 Planning Director Snyder added that any questions p osed at the Pu Works Committee meeting staff will answer and the a nswers will be provided to all of the Councilmembers to ensure the entire Council receives the same information. Chairman Wagner asked when the DA will go to the Ci ty Council for approval. Principal Planner Dixon answered that sta ff is asking at th October 3 rd Council Meeting, that the Council set the Public H earing October 17, 2011 and action would be anticipated at a subsequent meeting. Assistant City Attorney Gross stated that the Commi ttee with be discussing the DA as well and the Planned Action Or dinance (PAO)the PAO is a regular legislative Council function a nd not quasi-judic Principal Planner Dixon and Assistant City Attorney Gross reviewed Development Agreement Criteria with the Committee. Gross remind the Committee that under ACC 14.21, Council does no t need to find the developer meets all of the criteria in order to approve the DA, th Council needs to evaluate if any of the criteria ar e met. Principal Planner Dixon informed the Committee that there is also, a part of the package for the DA, a set of architectu ral and site design standards that the applicant has developed in conju nction with the City. Pursuant to the design standards, the applica nt is agreeing to bound to provide level of building design and site configuration for th project that is above the City standards. Chairman Wagner asked if staff has emphasized the i mportance of provision of open space in the project design. Prin cipal Planner Dixo responded there are sections of the design standard s that are orien to establishing criteria for provision of open spac e. Dixon cited page 181-182 of the Public Works Committee Agenda Packet; wh ich are pages of the design standards. Chairman Wagner asked if there was a traffic circul ation plan requir for the development. Dixon stated that the traffic circulation plan is o of the mitigation measures identified in the EIS an d applied to the p as part of the PAO. Principal Planner Dixon referen ced pages 217-2 of 233, in the agenda packet for where this require ment is found. Di explained that there is a Master Access and Onsite Circulation Plan Dixon said that because the developer did not have a specific site p for the proposal, the EIS and mitigation measures i dentify a subseq process for the developer to submit a traffic circu lation plan for their project. Page 11 of 15 PW.0 Director Dowdy pointed out that on page 22 of 41 of the Auburn Gateway Architectural and Site Design Standards, th e internal stree circulation design standards are included. Principal Planner answered questions asked by Chair man Wagner regarding review of the development standards for C 4, Mixed Use Commercial Zoning and their relationship to vesting periods defined the DA. It was answered that the development agreem ent provides the C4 standards to be vested for the 15-year period. Health and life safety items from other codes would not be vested. Federal and sta mandates would also not be vested. Principal Planner Dixon responded to questions aske d by Vice-Cha Peloza regarding the height limits, which are found in the zoning co was answered that the C4 standards provide a 45-foot height limit th can be exceeded on a one to one basis for additiona l setback beyon the required setbacks of the zoning district Dixon answered questions asked by Chairman Wagner regard ing th permitting of each individual building. It was answ ered that the PAO forth a process at subsequent permitting for submit tal of an environmental checklist application along with the specific applicatio and review by staff for conformance with the PAO cr iteria. Principal Planner Dixon explained that the develope r did not want to subject to different Right-of-Way dedication widths, so the DA will lo the amount of dedication necessary for the Right-of -Way but the technical standards related to the construction the mselves may cha in response to a question asked by Chairman Wagner about the “footprint design.” Principal Planner Dixon and Planning Director Snyde r responded to questions asked by Chairman Wagner regarding the po tential cost o flood storage compensation proposed to be made avai lable to the developer after securing rights from the Port of Se attle. Chairman Wagner asked for more specific language that clarif ies the “consideration” or cost to the City and/or the developer for provis ion flood storage capacity. Planning Director Snyder and Assistant City Attorne y Gross answer question asked by Chairman Wagner regarding the rol e of the Hear Examiner related to amendments of the development a greement. It answered that the DA provides for major amendments to be decide the Hearing Examiner similar to other quasi-judicial decisions deleg to the Hearing Examiner. The Committee and staff reviewed the Project Site P lan – Attachme Page 12 of 15 PW.0 and discussed possible needed traffic improvements and related co and responsibility of cost. The concern was for the number of intersections that would need a traffic signalizati on in the future. Sta offered to draft language to address. The DA recogn izes that there funding “gap”. Asst PW Director Selle noted that the mitigation me a identify road and intersection improvements associa ted with each p of the project. Planning Director Snyder and Principal Planner Dixo n addressed questions asked by Chairman Wagner regarding the Ci ty’s commitm level to reprioritizing the work on I Street NE in the city’s Capital Facilities Plan and Transportation Improvement prog ram. Chairman Wagner asked for different language to be used in t he DA regarding far I Street NE will be moved up on the priority li st. “Pursue” was changed to “consider”. Chairman Wagner stated that he is in favor of the p roject. Principal Planner Dixon spoke about the excerpts of the relevant Comprehensive plan policies and the narrative of th e historical cont the Northeast Auburn Special Areas Plan, which is p art of the Comprehensive Plan in response to a question asked by Vice-Chair Peloza, page 142. C. Auburn Gateway Project - Draft Planned Action Ordin ance (Dixon) An Ordinance of the City Council of the City of Aub urn, Washington, Relating to Special Area Plans, Amending Section 16 .06.020 of the Auburn City Code and Adding a New Chapter, 18.80 "Northeas t Auburn Special Area Plan and Auburn Gateway Planned Action" Theret o Principal Planner Dixon stated that the ordinance i s an instrument u SEPA that allows a developer to have an expedited e nvironmental review process as part of their permitting through the City. The ordinance would add a new chapter in the zoning cod e that deals w planned actions and defines what constitutes a plan ned action. The ordinance also brings forward the mitigation measur es from the EIS documents and applies them to the project. The Committee and staff discussed some of the langu age used in th ordinance. Within the PAO, Page 196, Item F, Public involvement, t public involvement steps were discussed. Staff desc ribed the public meeting process that occurred. The notice of the up coming hearing related to the DA was also discussed. The Committee and staff discussed past and future public review of the proj ect. Vice Chair Peloza pointed out that page 219 lists t raffic improvemen The Committee reviewed the phases for street improv ements, outlin the PAO. The mitigation measures do not assign fina ncial Page 13 of 15 PW.0 responsibility. Assistant City Attorney Gross verified the changes in language requested by Chairman Wagner in the DA. He sought c larification if existing language satisfied his previous concern. Principal Planner Dixon pointed out that on page 99 of 233 in the agenda packet reads, “While a number of transportat ion utility improvements in and around the proposed project are needed to be made concurrent with the initial construction of the project, the parties agree that the infrastructure construction may be done in multiple increments.” Chairman Wagner stated that t he statement satisfied his concerns regarding the responsibility and cost of the transportation improvements and no changes to the l anguage were needed in the DA. There were no other questions. D. Capital Project Status Report (Gaub) Item 1 – CP0701 – 8 th & R Street Traffic Signal: Vice-Chair Peloza commented that the Metro bus stop west of Pike Stre et is still causi traffic congestion. Item 15 – CP0916 – West Valley Highway SR18 to W Main: Chairm Wagner asked for a project update. Assistant City E ngineer Gaub reported that the contractor is working on the road work, the undergr utilities are complete, and the stone columns for s tability of the fill sections are complete. The contractor is also worki ng on the slope stabilization and relocation of the ditch adjacent to the wetland area. Assistant City Engineer Gaub stated that the primary concern now is weather. Chairman Wagner asked if there is a possibility of a delay. Assistant City Engineer Gaub stated that the contractor is stil trying to have the road open before the end of Octo ber but it is dependant on weather. Item 17 – C207A – A Street NW Corridor Phase 1: Chairman Wagn asked for a project update. Assistant City Engineer Gaub stated tha roadway fill north of the existing Mohawk road is i n place along with preload. The preload needs to go through a minimum of a 45 day pe to consolidate the existing soils. The contractor i s working on compl the preloading of 10 th Street. Over the last few weeks the contracto been working on the utilities between the 3 rd and 5 th Street intersec next to the Post Office. Assistant City Engineer Ga ub stated that the have been issues with the other utilities in the ar ea. The contractor also begun work on the mitigation site at the end o f Clay Street. Chairman Wagner asked what type of work is being do ne at the Page 14 of 15 PW.0 mitigation site. Gaub stated that there is 22 acres worth of wetland mitigation work, which includes mowing, creating ha bitat features an channels, which will be connected to a WSDOT ditch in the area. Item 33 – CP1024 – AWS and M Street SE Intersection Improvements: Chairman Wagner asked when the c-curb at the M S SE and 17 th Street SE intersection will be installed. Traffic Engineer Para answered that the notices regarding the inters ection have bee mailed and he is scheduling the message boards to g o up. King Co should be completing the work within the next two w eeks. Traffic Engineer Para answered questions asked by C hairman Wag regarding the White River Amphitheater traffic. Item 38 – CP1101 – 2011 Local Street Pavement Preservation Pha 1: Chairman Wagner asked about small sections of road way that ar near the project areas, but not included. Assistant Director/City Eng Selle answered that there is an area near a project location that was included because that portion of the roadway needs to be rebuilt. Assistant Director/City Engineer Selle answered que stions asked by Chairman Wagner regarding the possibility of deep p atching the roadway. V. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 545 p.m. Approved this ______ day of ______, 2011. Rich Wagner_____________________ Jennifer Rigsby __________________ Chairman Public Works Department Secretary Page 15 of 15 PW.0 AGENDA BILL APPROVAL FORM Agenda Subject: October 3, 2011 Minutes Date: October 11, 2011 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation:Information only.Background Summary:Reviewed by Council Committees:Councilmember:Backus Staff:Meeting Date:October 17, 2011 Item Number:FN.0 AUBURN * MORE THAN YOU IMAGINED FN.0 Finance Committee October 3, 2011 - 6:00 PM Annex Conference Room 1 MINUTES I. CALL TO ORDER Chair Nancy Backus called the meeting to order at 6 :00 p.m. in Conference Room 1 located on the second floor of the City Hall Annex located at One East Main Street in Auburn. A. Roll Call Chair Backus and Member Rich Wagner were present. Vice Chair Lynn Norman was excused. Also present were: City Attorney Dan iel B. Heid, Public Works Director Dennis Dowdy, Finance Director Shelley Col eman, Risk Manager Rob Roscoe, and City Clerk Danielle Daskam. B. Announcements There was no announcement. C. Agenda Modifications The agenda was modified to include an additional di scussion item relating to a Public Works contract with Utilities Services, Inc. II. CONSENT AGENDA A. September 19, 2011 Minutes Member Wagner moved and Chair Backus seconded to ap prove the September 19, 2011 minutes. MOTION CARRIED UNANIMOUSLY. 2-0. B. Claims Vouchers (Coleman) Claims check numbers 407721 through 408052 in the a mount of $3,494,946.20 and dated October 3, 2011. Committee members reviewed the claims and payroll v ouchers and briefly discussed claims vouchers 407748, 407782, 407836, 4 07932, and 407982. Member Wagner moved and Chair Backus seconded to ap prove the claims and payroll vouchers. MOTION CARRIED UNANIMOUSLY. 2-0. C. Payroll Vouchers (Coleman) Page 1 of 3 FN.0 Payroll check numbers 532194 to 532256 in the amoun t of $308,306.18 and electronic deposit transmissions in the amount of $1,177,954.68 for a grand total of $1,486,260.86 for the pay period cov ering September 15, 2011 to September 28, 2011. See claims vouchers for approval of payroll voucher s. III. DISCUSSION ITEMS A. Ordinance No. 6373 (Wagner/Heid) An Ordinance of the City Council of the City of Aub urn, Washington, amending Section 2.51.020 of the Auburn City Code r elating to compensation of Council members and the Deputy Mayo r Committee members reviewed Ordinance No. 6373. Cha ir Backus noted that the proposed ordinance provides that a Councilmember wi ll receive $50.00 per meeting for attendance at the meetings of regional boards, commissions or committees up to a maximum of four meetings per mon th. Chair Backus questioned whether a Councilmember should receive t he additional compensation provided for in the proposed ordinance, if that Cou ncilmember is already receiving compensation from the entity. Chair Backus cited t he Valley Regional Fire Authority as an example. City Attorney Heid suggested additional verbiage to the effect "excepting the meetings of those regional boards, commissions or c ommittees for which the Councilmembers receives separate compensation from the regional board, commission or committee." Committee members concur red. B. Resolution No. 4753 (Dowdy) A Resolution of the City Council of the City of Aub urn, Washington, authorizing the Mayor to execute a Construction Loa n Agreement between the City of Auburn and the Washington State Public Works Board relating to the M Street SE Underpass Project (C201A) Public Works Director Dowdy explained that Resoluti on No. 4753 authorizes a Construction Loan Agreement with the Washington Sta te Public Works Trust Fund Board for the design, property acquisition, and con struction of the M Street Underpass Project. The loan will allow the City to proceed with bidding the project by the end of the year. Director Dowdy also stated that the City would like to ensure the earliest possible allocation of the fund s from the State. The City is not obligated to take the full loan amount. C. Resolution No. 4754 (Dowdy) A Resolution of the City Council of the City of Aub urn, Washington, authorizing the Mayor to confirm the amounts owed a nd reimburse Pierce County, Puget Sound Energy and Cascade Water Allian ce for the easement fees that the City agreed to pay after the annexati on of the area that encompasses the Lake Tapps Parkway Drainage Facilit ies that empty into the Puget Sound Tailrace Page 2 of 3 FN.0 Public Works Director Dowdy explained that in 2000, the City Council adopted Resolution No. 3249 approving a pre-annexation agre ement with Pierce County. Under the agreement, the City of Auburn agreed to t ake ownership of the drainage facilities for the Lake Tapps Parkway bein g constructed by Pierce County and the developer under a separate agreement . In 2011, the City approved the annexation that included the reference d drainage facilities. However, the requirement to transfer the drainage f acilities that empty into the Puget Sound Energy tailrace was overlooked by Pierc e County and the city, and the County continued to pay Puget Sound Energy for the easement until 2010. The necessary deeds and easements have now been exe cuted and recorded, and the City has taken ownership of the 48-inch sto rm main and outfall. The resolution authorizes payment of past due fees to P ierce County, Puget Sound Energy and Cascade Water Alliance. The annua l payment to Cascade Water Alliance for the easement is approximately $7 ,000. IV. ADJOURNMENT There being no further business to come before the Committee, the meeting adjourned at 6:25 p.m. APPROVED THE ______ DAY OF OCTOBER, 2011. _____________________________ ____________________________ Nancy Backus, Chair Danielle Daskam, City Clerk Page 3 of 3 FN.0 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the October 3, 2011 City Council Meeting Date: October 11, 2011 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation:Background Summary:Reviewed by Council Committees:Councilmember:Staff:Meeting Date:October 17, 2011 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINED CA.A City Council Meeting October 3, 2011 - 7:30 PM Auburn City Hall MINUTES I. CALL TO ORDER A. Flag Salute Deputy Mayor Sue Singer called the meeting to order at 7:30 p.m. and led those in attendance in the Pledge of Allegiance. B. Roll Call Councilmembers present: Rich Wagner, Sue Singer, N ancy Backus, Bill Peloza, and John Partridge. Councilmember Virginia Haugen arrived at 7:35 p.m. Councilmember Lynn Norman was excused. Directors and staff members present: City Attorney Daniel B. Heid, Domestic Violence Victim Advocate Shelly David, Planning and Development Director Kevin Snyder, Public Works Director Dennis Dowdy, Patrol Commander Dave Colglazier, Finance Director Shelley Coleman, and C ity Clerk Danielle Daskam. C. Announcements, Appointments, and Presentations 1. Proclamation - "Domestic Violence Awareness and Pre vention Month" Mayor Lewis to proclaim the month of October 2011 a s "Domestic Violence Awareness and Prevention Month" in the cit y of Auburn. Deputy Mayor Singer read and presented a proclamati on declaring the month of October as Domestic Violence and Awareness Month in the city of Auburn to City of Auburn Domestic Violence Victim A dvocate Shelly David. Advocate David was accompanied by members of the Do mestic Violence Task Force: Kathryn Choicey from Domestic Abuse Wom en's Network (DAWN), Carolle Fisher from Coordinated Community R esponse Against Domestic Violence, and Janet Chance of the Domestic Violence Impact Panel. D. Agenda Modifications Agenda modifications included an update to Item F o f the Consent Agenda relating to Public Works Project No. CP1009 and the addition of a Public Works contract with Utilities Services, Inc. Addit ionally, a revised version of Ordinance No. 6373 was distributed prior to the mee ting. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings Page 1 of 8 CA.A No public hearing was scheduled for this evening. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak a re reminded to sign in on the form provided.No one from the audience requested to address the C ouncil. C. Correspondence There was no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Peloza reported the Municipal Services Commit tee met September 26, 2011. The Committee discussed the establishment of an honorary position of Poet Laureate that recognizes and honors a citizen poet of exceptional talent and accomplishment. The Committee also discussed the s olid waste contract, golf course working capital, and the Committee matrix. The next regular meeting of the Municipal Services Committee is scheduled for O ctober 10, 2011. B. Planning & Community Development Vice Chair Backus reported the Planning and Commun ity Development Committee met September 26, 2011. The Committee di scussed the establishment of a Poet Laureate honorary position, the Auburn Gateway Project (Robertson Property Group) draft development agreem ent, the Auburn Gateway Project draft Planned Action Ordinance, proposed m aster plan code, comprehensive downtown parking inventory, and the C ommittee's project matrix. Vice Chair Backus reminded the Councilmembers that the Auburn Gateway Project is considered a quasi-judicial action under former City Code Chapter 14.21, and the Council decision and process is subj ect to the appearance of fairness doctrine. The next regular meeting of the Planning and Community Development Committee is scheduled for October 10, 2011. C. Public Works Chair Wagner reported the Public Works Committee me t this afternoon at 3:30. The Committee reviewed the bid award for Project CP 1109 relating to storm pipeline repair and replacement, a consultant agree ment related to Project No. CP0915 Well 1 Improvements, final pay estimate for Project No. CP0920 for replacement of water lines in the Lea Hill area , and an agreement for replacement of the pump in Well 4. The Committee a lso reviewed Resolution No. 4753 approving the construction loan agreement with the Washington State Public Works Trust Fund Board for the M Street SE U nderpass Project, Resolution No. 4754 relating to the transf er of easements for storm drainage lines from Pierce County to the City, a wa ter leak adjustment, and the Auburn Gateway Project. The next regular meeting o f the Public Works Page 2 of 8 CA.A Committee is scheduled for October 17, 2011 at 3:30 p.m. D. Finance Chair Backus reported the Finance Committee met thi s evening at 6:00. The Committee reviewed claims and payroll vouchers, inc luding payments made to CH2M Hill in the amount of $122,000 for the M Stree t Underpass Project, Christensen Inc. in the amount of $117,000 for the Les Gove Park Activity Center Project, and Metro in the amount of $1,110,000 for September sewer charges. The Committee also discussed Ordinance No. 6373 rel ating to compensation of the Council and Deputy Mayor, Resolution No. 475 3, Resolution No. 4754, and a Public Works contract with Utilities Services. T he next regular meeting of the Finance Committee is scheduled for October 17, 2011 at 6:00 p.m. E. Les Gove Community Campus Chair Wagner announced that the next meeting of the Les Gove Community Campus Committee is scheduled for October 17, 2011, at 11:00 a.m. F. Downtown Redevelopment The Downtown Redevelopment Committee has not met si nce the last Council meeting. G. Council Operations Committee Chair Wagner reported the Council Operations Commit tee met September 20 and 26, 2011. The Committee discussed Council sala ries and compensation compared to a number of other cities of similar siz e. The Committee recommended Ordinance No. 6373 to propose a change in the way the Council is compensated to recognize the importance of attendin g regional meetings. IV. REPORTS At this time the Mayor and City Council may report o n significant items associated with their appointed positions on state, regional and local organizations. A. From the Council Councilmember Wagner reported on his attendance at the grand opening of King County's Brightwater Treatment Plant. Councilmember Partridge reported on his trip to New York City with members of the Valley Regional Fire Authority and Union Local No. 1352 to participate in events that support children of those lost in 9/11 and returning Iraq War veterans. Councilmember Partridge also attended an event at t he Senior Center titled "Aging Your Way" and the Regional Law, Safety and Justice Committee meeting, which included discussions on interjurisdi ctional warrants, the veterans levy, and South County gang violence prevention. Page 3 of 8 CA.A Councilmember Peloza reported that he attended the monthly meeting of the Airport Advisory Board, where the Board discussed r oof restoration for hangars 9 and 10 and airport general maintenance. As a me mber of the King County Solid Waste Advisory Committee, Councilmember Peloz a reported on his attendance at the grand opening ceremony for King C ounty's $1.8 billion Brightwater Treatment Plant. The 144 acre site will serve regional population growth and convey wastewater from the so uth and east areas of King County. A reclaimed water process will be coming o n line in the future. Councilmember Peloza reported that the National Lea gue of Cities (NLC) has a prescription discount program which is available to City of Auburn residents. The City of Auburn is ranked fourteenth among the top t wenty cities in the United States for prescription savings enjoyed by its citi zens. To date, the program has saved residents approximately $80,000. The discount s may be used towards prescriptions not covered by insurance. Councilmember Haugen expressed appreciation for the proclamation declaring Domestic Violence Awareness Month in the city. Deputy Mayor Singer reported that she and several C ouncilmembers attended the Suburban Cities Association networking dinner where the Governor's chief of staff spoke. Deputy Mayor reported that she attended a r ibbon cutting for Devcon Security, a meeting about a potential new Sister Ci ty relationship in Sichuan, China, the autumn wedding show at Emerald Downs spo nsored by the Auburn Tourism Board, and the Hops Festival at Mary Olson Farm. B. From the Mayor Deputy Mayor Singer reported that Mayor Lewis is in Korea and Japan this week. V. CONSENT AGENDA A. Minutes of the September 19, 2011 City Council meet ing B. Claims Vouchers (Backus/Coleman) Claims check numbers 407721 through 408052 in the a mount of $3,494,946.20 and dated October 3, 2011. C. Payroll Vouchers (Backus/Coleman) Payroll check numbers 532194 to 532256 in the amoun t of $308,306.18 and electronic deposit transmissions in the amount of $1,177,954.68 for a grand total of $1,486,260.86 for the pay period covering Septem ber 15, 2011 to September 28, 2011 . D. Public Works Project No. CP0915 (Wagner/Dowdy) City Council grant permission to enter into Consult ant Agreement No. AG-C-409 with Golder Associates for design, survey and envir onmental services for Project No. CP0915, Well 1 Improvements - Phase II E. Public Works Project No. CP0920 (Wagner/Dowdy) City Council approve Final Pay Estimate No. 7 to Co ntract No. 10-26 in the Page 4 of 8 CA.A amount of $20,381.99 and accept construction of Pro ject No. CP0920 2009 AC Watermain Replacement F. Public Works Project No. CP1109 (Wagner/Dowdy) City Council approve award of Small Works Contract No. 11-15, to the lowest responsible bidder for Project No. CP1109, 2011 Sto rm Pipeline Repair and Replacement - Phase 1 G. Call for Public Hearing on Auburn Gateway Developme nt Agreement (Norman/Snyder) City Council to set the date for the public hearing on the Auburn Gateway Development Agreement for October 17, 2011 H. Public Works Contract with Utilities Services, Inc. City Council grant permission to enter into an agre ement with Utilities Services, Inc. to install a new pump and related ap purtenances and perform routine maintenance and inspection at Well 4 Councilmember Wagner moved and Councilmember Backus seconded to approve the Consent Agenda. MOTION CARRIED UNANIMOUSLY. 6-0. VI. UNFINISHED BUSINESS There was no unfinished business. VII. NEW BUSINESS There was no new business. VIII. ORDINANCES A. Ordinance No. 6373 (Wagner/Heid) An Ordinance of the City Council of the City of Aub urn, Washington, amending Section 2.51.020 of the Auburn City Code r elating to compensation of Council members and the Deputy Mayo r(ACTION REQUESTED: City Council introduce and adopt Ordinan ce No. 6373.) Councilmember Wagner moved and Councilmember Backus seconded to approve the Consent Agenda. Councilmember Wagner reported that the Council Oper ations Committee reviewed comparability of compensation for the Aubu rn Council to other similarly sized cities. The Committee found that the Auburn Council salary was below the average of other cities by approximately ten percen t. The Committee proposed a change in the compensation of the Council that woul d encourage participation in regional committees, forums and boards. Councilmem ber Wagner stated that the City's participation at the regional level is advan tageous to the City. Councilmember Wagner noted that the additional comp ensation applies to regional rather than local committees and boards. Page 5 of 8 CA.A Councilmember Haugen suggested setting the Deputy M ayor salary as set a amount rather than the base Council salary plus $40 0. City Attorney Heid explained that the salary for Deputy Mayor is not c hanged, but is described as the Council salary plus $400 to better identify the bas e Council salary for county elections and filing fee purposes. Councilmember Haugen expressed opposition to any in crease in Council compensation. In response to a question from Councilmember Haugen , City Attorney Heid explained that the revised ordinance distributed th is evening prior to the Council meeting reflects additional language clarifying tha t the compensation for attendance at regional committees does not apply to meetings for which a Councilmember would already receive compensation. Deputy Mayor Singer commented that for several mont hs the Council Operations Committee reviewed the Council salaries, comparable Council salaries, and compensation options. She noted that it has been a t least six years since the Council compensation has been adjusted. The Counci l does not vote on its own compensation; any increase in compensation is effec tive for newly elected Councilmembers only. Deputy Mayor Singer also note d that six of the seven Councilmembers have voluntarily returned two percen t of their salary to the City in recognition of the decrease in employee salaries. Deputy Mayor Singer also commented that the Council's participation on regio nal committees and boards is instrumental in bringing regional dollars back to t he City of Auburn. Councilmember Peloza expressed support for Ordinanc e No. 6373. Councilmember Peloza also spoke of the importance o f the City Council's participation in regional committees. MOTION CARRIED. 5-1. Councilmember Haugen voted n o. IX. RESOLUTIONS A. Resolution No. 4731 (Peloza/Lee) A Resolution of the City Council of the City of Aub urn, Washington, authorizing the Mayor to accept grant funds from th e U.S. Department of Justice for a Byrne Memorial Justice Assistance Gra nt(ACTION REQUESTED: City Council adopt Resolution No. 4731.) Councilmember Peloza moved and Councilmember Partri dge seconded to adopt Resolution No. 4731. Councilmember Peloza explained that Resolution No. 4731 accepts a Byrne Memorial Justice Assistance Grant in the amount of $33,631 to support community policing efforts. Page 6 of 8 CA.A MOTION CARRIED UNANIMOUSLY. 6-0. B. Resolution No. 4753 (Wagner/Dowdy) A Resolution of the City Council of the City of Aub urn, Washington, authorizing the Mayor to execute a Construction Loa n Agreement between the City of Auburn and the Washington State Public Works Board relating to the M Street SE Underpass Project (C201A) Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4753. Councilmember Wagner explained that Resolution No. 4753 provides the final funding piece for the M Street SE Underpass Project . Councilmember Haugen spoke against the resolution. MOTION CARRIED. 5-1. Councilmember Haugen voted n o. C. Resolution No. 4754 (Wagner/Dowdy) A Resolution of the City Council of the City of Aub urn, Washington, authorizing the Mayor to confirm the amounts owed a nd reimburse Pierce County, Puget Sound Energy and Cascade Water Allian ce for the easement fees that the City agreed to pay after the annexati on of the area that encompasses the Lake Tapps Parkway Drainage Facilit ies that empty into the Puget Sound Tailrace Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4754. Councilmember Wagner explained that Resolution No. 4754 relates to the storm drainage system for Lakeland Hills, most of which i s in King County. The resolution provides for payment of the fees associa ted with the easements that the City agreed to pay after the annexation of the area that encompasses the Lake Tapps Parkway Drainage facilities and that emp ty into the Puget Sound Energy Tailrace. The annual fee for the easement i s approximately $7,000. Councilmember Haugen spoke against Resolution No. 4 754. Public Works Director Dowdy explained that Resolut ion No. 4754 provides for an easement for the City to discharge a 48 inch stormw ater pipe in the Puget Sound Energy trailrace (now owned by Cascade Water Allian ce) located in Pierce County. Director Dowdy reported that the preannexa tion agreement provided that the fees would be due upon annexation of the area, which occurred in 2001. He stated that pursuing a separate outfall would have taken extensive permitting and would have been more expensive than obtaining the s ubject easements. MOTION CARRIED UNANIMOUSLY. 6-0. X. ADJOURNMENT Page 7 of 8 CA.A There being no further business to come before the Council, the meeting adjourned at 8:36 p.m. APPROVED THE ____ DAY OF OCTOBER, 2011. ______________________________ ________________________________ Peter B. Lewis, Mayor Danielle Daskam, City Clerk Page 8 of 8 CA.A AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers Date: September 15, 2011 Department: Finance Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation:Background Summary:Reviewed by Council Committees:Councilmember:Backus Staff:Coleman Meeting Date:October 17, 2011 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINED CA.B AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers Date: September 15, 2011 Department: Finance Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation:City Council approve payroll vouchers.Background Summary:Reviewed by Council Committees:Finance Councilmember:Backus Staff:Coleman Meeting Date:October 17, 2011 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINED CA.C AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. C201A Date: October 11, 2011 Department: Public Works Attachments: Budget Status Sheet Final Pay Estimate Vicinity Map Budget Impact: $0 Administrative Recommendation:City Council approve Final Pay Estimate No. 2 to Co ntract No. 11-17 in the amount of $19,505.57 for a total contract price of $215,378.0 6 with BRC Incorporated and accept construction of Project No. C201A, Residential Buil dings Demolition.Background Summary:This project demolished structures on nine resident ial properties that were purchased for the M Street SE Underpass project. The structures w ere demolished as part of the City's property management efforts and will help the City maintain a safe and secure area. Trees, shrubs, and other vegetation were left in pl ace and gravel was set where the existing structures are removed. This portion of th e contract was paid for using budgeted M Street Underpass project property management/righ t-of-way funds. The project also demolished the City owned resident ial structure at 9404 South 352nd Street, which was in Cedar Lane Park. This structur e formally housed the park's caretaker but since the caretaker was no longer nee ded, the residence was vacated. The cost to bring the structure up to standards whe re it may be rentable would have been $50,000 - $60,000, which exceeded the cost of demolition. This portion of the contract was paid for using funds allocated for thi s demolition in the Facilities budget. The total cost of the demolition was $266,378, whic h is $13,622 less than the original amount anticipated. The entire $30,000 allocated fo r the Cedar Lanes property demolition in the Facilities budget was spent. The $13,622 contingency will remain in the M Street Underpass project budget to be used toward s construction. O4.9.1 C201A Reviewed by Council Committees:Public Works Councilmember:Wagner Staff:Dowdy AUBURN * MORE THAN YOU IMAGINED CA.D Meeting Date:October 17, 2011 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINED CA.D Project No: C201AProject Title: Project Manager: Jacob Sweeting Initiation/Consultant Agreement Initiation Date: 2/24/2003 (M St Underpass) Permision to Advertise Advertisement Date: 6/14/2011 Contract Award Award Date: 7/05/2011 Change Order Approval Contract Final Acceptance Funding Prior Years 20112012 Future Years Total 102 Fund - Traffic Impact Fees (M Street Underpass)250,000 250,000 Facilities Demolition Budget 30,000 30,000 0 Total 0280,00000280,000 ActivityPrior Years 20112012 Future Years Total Demolition Construction Contract 170,119 170,119 Change Order 1 18,232 18,232 Line Item Changes 27,027 27,027 Demolition - City Inspection and Mangement10,000 10,000 Demolition - Asbestos Abatement 41,000 41,000 Total 0266,37800266,378 Prior Years 20112012 Future Years Total *102 Funds Budgeted ( )0(250,000)00(250,000)102 Funds Needed 0236,37800236,378 *102 Fund Project Contingency ( )0 (13,622)00(13,622)102 Funds Required 00000 Prior Years 20112012 Future Years Total *Funds Budgeted ( )0(30,000)00(30,000)Funds Needed 030,0000030,000 *Fund Project Contingency ( )00000 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City h as available.Funds Budgeted (Funds Available)Estimated Cost (Funds Needed)BUDGET STATUS SHEET Residential Buildings Demolition Date: 10/10/2011 The "Future Years" column indicates the projected amount to be requested in future budgets.102 Arterial Street Budget Status Facilities Management Budget CA.D CA.D CA.D CA.D CA.D CA.D CA.D AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP0701 Date: October 11, 2011 Department: Public Works Attachments: Budget Status Sheet Final Pay Estimate Vicinity Map Budget Impact: $0 Administrative Recommendation:City Council approve Final Pay Estimate No. 6 to Co ntract No. 10-04 in the amount of $7,783.87 and accept construction of Project No. CP 0701 8th Street NE and R Street NE Signal.Background Summary:The 8th Street NE and R Street NE Signal project co nsisted of constructing a new traffic signal system, installing an intelligent transporta tion system (ITS), and road channelization at the intersection of 8th St NE and R St NE. A project budget contingency of $22,057 remains in the 102 arterial street fund. O4.10.2 CP0701 Reviewed by Council Committees:Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:October 17, 2011 Item Number:CA.E AUBURN * MORE THAN YOU IMAGINED CA.E Project No: CP0701Project Title: Project Manager: Ryan L Vondrak Project Update Initiation Date: October 23, 2006 Permision to Advertise Advertisement Date: June 1, 2010 Contract Award Award Date: July 6, 2010 Change Order Approval Contract Final Acceptance Funding Prior Years 20102011 2012 Total Federal Grant 141,803108,197 250,000 102 Fund**259,110169,300428,410 328 Fund 5,7145,714 Total141,803367,307175,0140684,124 **Reflects the current request in Budget Amendment #2 being con sidered by Council.Activity Prior Years 20102011 2012 Total Design Engineering - City Costs45,37525,855 71,230 Design Engineering - Consultant Fees95,04737,044 132,091 State Fees 5,5005,500 ROW 1,381 1,381 Construction Contract Bid 254,48348,905303,388 Change Order #1 27,176 27,176 Change Order #2 29,16929,169 Line Item Changes 32,26032,260 Construction Engineering - City Costs22,75023,26946,019 Construction Engineering - Consultant Costs 13,85313,853 Total141,803367,307152,9570662,067 Prior Years 20102011 2012 Total *102 Funds Budgeted ( )(141,803)(367,307)(169,300)0(678,4 10)102 Funds Needed141,803367,307147,2430656,353 *102 Fund Project Contingency ( )00(22,057)0(22,057)102 Funds Required 00000 Prior Years 20102011 2012 Total *102 Funds Budgeted ( )00(5,714)0(5,714)102 Funds Needed 005,71405,714 *102 Fund Project Contingency ( )00000 102 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City h as available.328 Capital Improvements Budget Status Estimated Cost (Funds Needed)102 Arterial Street Budget Status Funds Budgeted (Funds Available)BUDGET STATUS SHEET 8th St NE and R St NE Signal Project Date: October 11, 2011 The "Future Years" column indicates the projected amount to be requested in future budgets.H:\PROJ\CP0701-8thRStNESignal\Budget\8th and R St Budget Statu s Sheet.xls1 of 1 CA.E CA.E CA.E CA.E CA.E AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1116 Date: October 11, 2011 Department: Public Works Attachments: Budget Status Sheet Bid Tabulation Summary Vicinity Map Budget Impact: $0 Administrative Recommendation:City Council award Contract No. 11-20, to Northeast Electric, LLC on their low bid of $463,600.00 for Project No. CP1116 Downtown Pedestr ian Lighting Replacement.Background Summary:The project will replace 62 of the existing teal pe destrian lights in the downtown area with the new Downtown standard black pedestrian lig hts. Locations are as shown on the attached map. Construction is anticipated to begin in November 20 11 and be completed by February 2012. A project budget contingency of $0 remains in the L ocal Revitalization Fund. O4.9.1 CP1116 Reviewed by Council Committees:Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:October 17, 2011 Item Number:CA.F AUBURN * MORE THAN YOU IMAGINED CA.F Project No: C P1116Project Title: Project Manager: Ryan L Vondrak Project Update Initiation Date: September 6, 2011 Permision to Advertise Advertisement Date: September 6, 2011 Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funding Prior Years 20112012 2013 Total 330 Local Revitalization Funds 485,000 485,000 Total 0485,00000485,000 Activity Prior Years 20112012 2013 Total Design Engineering - City Costs 2,516 2,516 Construction Contract Bid 463,600 463,600 Authorized Contingency 10,600 10,600 Construction Engineering - City Costs 8,284 8,284 Total 0485,00000485,000 Prior Years 20112012 2013 Total *330 Funds Budgeted ( )0(485,000)00(485,000)330 Funds Needed 0485,00000485,000 *330 Fund Project Contingency ( )00000 330 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City h as available.330 Local Revitalization Funds Budget Status Funds Budgeted (Funds Available)Estimated Cost (Funds Needed)BUDGET STATUS SHEET Downtown Pedestrian Lighting Replacement Date: October 11, 2011 The "Future Years" column indicates the projected amount to be requested in future budgets.H:\PROJ\CP1116 Dwntown Ped Lighting\Budget\Downtown Ped L ighting - BudgetStatusSheet.xls1 of 1 CA.F CA.F CA.F AGENDA BILL APPROVAL FORM Agenda Subject: Agreement for Consulting Services with Fisher Jurko vich Public Affairs Date: October 4, 2011 Department: Administration Attachments: Agreement for Services Scope of Work Budget Impact: not to exceed $50,000 Administrative Recommendation:City Council approve an Agreement for Consulting Se rvices with Fisher Jurkovich Public Affairs, LLC.Background Summary:Fisher Jurkovich Public Affairs will be providing a comprehensive communication and stakeholder management plan in support of the Aubur n Area Chamber of Commerce proposed 2012 transportation ballot measure. Reviewed by Council Committees:Finance, Public Works Councilmember:Wagner Staff:Robertson Meeting Date:October 17, 2011 Item Number:CA.G AUBURN * MORE THAN YOU IMAGINED CA.G Page 1 of 7 CITY OF AUBURN AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT made and entered into on this 17th day of October, 2011, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as “City” and, Fisher Jurkovich Public A ffairs, LLC hereinafter referred to as the “Consultant.” W I T N E S S E T H : WHEREAS, the City is in need of services of individuals, employee s or firms to provide communications and public education services; and, WHEREAS, the City desires to retain the Consultant to provide ce rtain services in connection with the City’s work on said project; and, WHEREAS, the Consultant is qualified and able to provide consulting s ervices in connection with the City’s needs for the above-described work/proje ct, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services. The Consultant agrees to perform in a good and professional manner the tasks described on Exhibit “A” attached hereto and incorporated herein by this r eference. (The tasks described on Exhibit “A” shall be individually referred to as a “task,” and collectively referred to as the “services.”) The Consultant shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agree ment and the performance thereof, to have entered into any partnership, joint vent ure, employment or other relationship with the City. 2. Additional Services. From time to time hereafter, the parties hereto may agree to the performance by the Consultant of additional services with respect to related work or projects. Any such agreement(s) shall be set forth in writing and shall be execut ed by the respective parties prior to the Consultant’s performance of the services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper completion and execution of an addendum (agreement for additional services), such addendum shall be incorporated into this Agreement and shall have the same force and e ffect as if the terms of such addendum were a part of this Agreement as originally exe cuted. The performance of services pursuant to an addendum shall be subject to the terms and conditions of this Agreement except where the addendum provides to the contrary, in which case the terms and conditions of any such addendum shall control. In all other respects, any addendum shall supplement and be construed in accorda nce with the terms and conditions of this Agreement. CA.G Page 2 of 7 3. Performance of Additional Services Prior to Execution of an Addendum. The parties hereby agree that situations may arise in which s ervices other than those described on Exhibit “A” are desired by the City and the time period for the completion of such services makes the execution of addendum impractical prior to the commencement of the Consultant’s performance of the requested servi ces. The Consultant hereby agrees that it shall perform such services u pon the oral request of an authorized representative of the City pending execution of an addendu m, at a rate of compensation to be agreed to in connection therewith. The invoice pro cedure for any such additional services shall be as described in Section 7 of this Agreement. 4. Consultant’s Representations. The Consultant hereby represents and warrants that he has all nec essary licenses and certifications to perform the services provided for herein, and is qualified to perform such services. 5. City’s Responsibilities. The City shall do the following in a timely manner so as not to de lay the services of the Consultant: a. Designate in writing a person to act as the City’s representat ive with respect to the services. The City’s designee shall have complete authority to transmit instructions, receive information, interpret and define the City’s policies and decisions with respect to the services. b. Furnish the Consultant with all information, criteria, objectives, schedules and standards for the project and the services provided for herein. c. Arrange for access to the property or facilities as re quired for the Consultant to perform the services provided for herein d. Examine and evaluate all studies, reports, memoranda, plans, ske tches, and other documents prepared by the Consultant and render decisions regarding suc h documents in a timely manner to prevent delay of the services. 6. Acceptable Standards. The Consultant shall be responsible to provide, in connection with the services contemplated in this Agreement, work product and services of a qual ity and professional standard acceptable to the City. 7. Compensation. As compensation for the Consultant’s performance of the services provided for herein, the City shall pay the Consultant an amount not to exceed Six Thousand, Five Hundred Dollars ($6,500) per month plus mileage at $.51 per mile, copy cha rges and any graphics and material production charges that are required but not provided or p roduced by the City. The Consultant shall submit to the City an invoice or sta tement of time spent on tasks included in the scope of work provided herein, and the City shal l process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the Consultant thereafter in the normal course, subject to any conditions or provisions in this Agreement or addendum. CA.G Page 3 of 7 8. Time for Performance and Term of Agreement. The Term of this Agreement shall commence on the date hereof and shall terminate upon completion of the performance of the scope of work provided herein , but not later than April 30, 2012 unless otherwise agreed to in writing by the parties. 9. Ownership and Use of Documents. All documents, reports, memoranda, diagrams, sketches, plans, surveys, d esign calculations, working drawings and any other materials created or otherwise prepared by the Consultant as part of his performance of this Agreement (the “Work Products”) shall be owned by and become the property of the City, and may be us ed by the City for any purpose beneficial to the City. 10. Records Inspection and Audit. All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all re cords and books of accounts pertaining to any work performed under this Agreement sha ll be subject to inspection and audit by the City for a period of up to three (3) years from the final payment for work performed under this Agreement. 11. Continuation of Performance. In the event that any dispute or conflict arises between the parties w hile this Contract is in effect, the Consultant agrees that, notwithstanding such dispute or conflict, the Cons ultant shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 12. Administration of Agreement. This Agreement shall be administered by Brad Jurkovich, on behalf of the Consultant, and by the Mayor of the City, or designee, on behalf of the Cit y. Any written notices required by the terms of this Agreement shall be served on o r mailed to the following addresses: City of Auburn Auburn City Hall 25 West Main Auburn, WA 98001-4998 (253) 931-3000 FAX (253) 931-3053 Consultant Brad Jurkovich Fisher Jurkovich Public Affairs, LLC [address] 360.481.3454 13. Notices. All notices or communications permitted or required to be given unde r this Agreement shall be in writing and shall be deemed to have been duly given if d elivered in person or deposited in the United States mail, postage prepaid, for maili ng by certified mail, return receipt requested, and addressed, if to a party of this Agreem ent, to the address for the party set forth above, or if to a person not a party to this Ag reement, to the address designated by a party to this Agreement in the foregoing manner. CA.G Page 4 of 7 Any party may change his, her or its address by giving notic e in writing, stating his, her or its new address, to any other party, all pursuant to the procedur e set forth in this section of the Agreement. 14. Indemnification. The Consultant shall indemnify, defend and hold harmless the City and its officers, agents and employees, or any of them from any and all claims , actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, incl uding attorney fees, by any reason of or arising out of the act or omission of the Consultant , its officers, agents, employees, or any of them relating to or arising out of the p erformance of this Agreement except for injuries and damages caused by the sole negligence of the City. If a final judgment is rendered against the City, its officers, agents, empl oyees and/or any of them, or jointly against the City and the Consultant and their respective officers, agents and employees, or any of them, the Consultant shall satisfy the sa me to the extent that such judgment was due to the Consultant’s negligent acts or omissions. 15. Assignment. Neither party to this Agreement shall assign any right or ob ligation hereunder in whole or in part, without the prior written consent of the other party heret o. No assignment or transfer of any interest under this Agreement shall be deemed to releas e the assignor from any liability or obligation under this Agreement, or to cause a ny such liability or obligation to be reduced to a secondary liability or obligation. 16. Amendment, Modification or Waiver. No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in wri ting, signed by the party or parties to be bound, or such party’s or parties’ duly authorized re presentative(s) and specifying with particularity the nature and extent of such am endment, modification or waiver. Any waiver by any party of any default of the othe r party shall not effect or impair any right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the pa rties hereto under and pursuant to this Agreement. 17. Termination and Suspension. Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance wit h the terms of this Agreement through no fault of the party terminating the Agreement. The City may terminate this Agreement upon not less than seven (7) days written notice to the Consultant if the services provided for herein are no longer needed from the Consultant. If this Agreement is terminated through no fault of the Consultant, the Consultant sha ll be compensated for services performed prior to termination. CA.G Page 5 of 7 18. Parties in Interest. This Agreement shall be binding upon, and the benefits and obligati ons provided for herein shall inure to and bind, the parties hereto and their respect ive successors and assigns, provided that this section shall not be deemed to permit a ny transfer or assignment otherwise prohibited by this Agreement. This Agreem ent is for the exclusive benefit of the parties hereto and it does not create a contrac tual relationship with or exist for the benefit of any third party, including contractors, sub-contractor s and their sureties. 19. Costs to Prevailing Party. In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties sha ll be entitled to receive its reasonable costs and attorney’s fees. 20. Applicable Law. This Agreement and the rights of the parties hereunder shall b e governed by the interpreted in accordance with the laws of the State of Washing ton and venue for any action hereunder shall be in of the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington; provided, however, that it is agreed and understood that any applicable statut e of limitation shall commence no later than the substantial completion by the Consultant of the servi ces. 21. Captions, Headings and Titles. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particul ar paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affe cted by any determination as to who is the drafter of this Agreement, this A greement having been drafted by mutual agreement of the parties. 22. Severable Provisions. Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 23. Entire Agreement. This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agre ements and understandings between the parties with respect to such subject matter. 24. Counterparts. This Agreement may be executed in multiple counterparts, ea ch of which shall be one and the same Agreement and shall become effective when one or m ore counterparts have been signed by each of the parties and delivered to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agre ement to be executed effective the day and year first set forth above. CA.G Page 6 of 7 CITY OF AUBURN CONSULTANT ____________________________________ ____________________________________ Peter B. Lewis, Mayor Name: Title: Attest: ____________________________________ Danielle E. Daskam City Clerk Approved as to form: ____________________________________ Daniel B. Heid, City Attorney CA.G Page 7 of 7 STATE OF WASHINGTON ) ) ss. COUNTY OF _____________ ) ON THIS day of , 2011, before me, personally appeared Brad Jurkovich, known to me to be the and of the Contractor, the company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said inst rument. GIVEN under my hand and official seal this day of , 2011. _______________________________________ NOTARY PUBLIC in and for the State of Washington, residing at ___________________ My Commission Expires: __________________ CA.G Exihibit A City of Auburn Agreement Consulting Services Fisher Jurkovich Public Affairs, LLC SCOPE OF WORK – TASKS • Meet with appropriate City staff to develop a Compr ehensive Communication and Stakeholder Management Plan related to a proposed Auburn Transp ortation Improvement Program (substitute new project name when identified). • Work with City staff to determine a research method to efficiently and effectively solicit public opinion regarding proposed transportation needs and improvements within the City of Auburn. • Work with City staff to develop a public education process to inform Auburn citizens on proposed transportation needs and improvements incl uded in the Transportation Improvement Program. • Work with City staff to develop a business and comm unity group outreach plan to provide factual information regarding the Transportation Im provement Program. • Meet with appropriate City staff and other consulta nts to evaluate options and alternatives related to the proposed Auburn Transportation Impro vement Program and any final ballot measures. • Work with City staff to develop an education outrea ch plan to provide all citizens within the City boundaries with factual information related to any ballot measure. • Provide factual findings as needed to the Mayor and City council and other groups as requested on any work plan developments. TIMELINE The tasks identified herein shall begin on October 18, 2011 and be completed by the 30 th day of April, 2012, provided that any summary report may be sched uled thereafter, as requested in writing by the City. COMPENSATION The Consultant shall be paid six-thousand five-hund red dollars per month ($6,500) plus all normal, usu al and customary expenses including mileage reimbursem ent, during the Term of the Timeline of this Agreement for the services identified herein. The Consultant will submit monthly invoices to the City on CA.G the first of each month starting November 1, 2011 a nd concluding with a final billing on May 1, 2012. Total Compensation not to exceed $50,000.00 CA.G AGENDA BILL APPROVAL FORM Agenda Subject: Utility Leak Adjustment Appeal - Griffin Date: October 11, 2011 Department: Finance Attachments: Memo and Documentation Budget Impact: $0 Administrative Recommendation:City Council approve Ms. Griffin's request for a le ak adjustment in the amount of $350.00. This approval is based on the leak being l ocated on a line serving a single dwelling unit on the same line as the primary dwell ing structure.Background Summary:Utility Billing noted a large increase in water con sumption for this account on 8/02/11. A service request was entered and a technician dispat ched to check for a possible leak and to notify the customer. When the technician che cked the meter, he saw no evidence of a leak. He then spoke directly with the property owner who informed him that she had a leak in her backyard and repaired it on 7/09/11, but did not notify the City. The utility account was billed $603.98 in water con sumption on 8/31/11 for the period of 6/1/11-8/1/11. The property owner submitted a reque st for a leak adjustment on 8/08/11. The leak adjustment request was denied per policy 1 00-52 which clearly states that an eligible water leak is defined to have occurred on the service line between the City water meter and the point where the line enters the build ing. The request and the technicians report show that this leak occurred in a secondary line between the customer's home and a detached building on their property. The customer submitted an appeal to their leak adju stment denial on 9/19/11. Per policy, the maximum amount that can be granted for a water leak is $500.00. F4.5.2 Reviewed by Council Committees:Finance, Public Works Councilmember:Wagner Staff:Coleman Meeting Date:October 17, 2011 Item Number:CA.H AUBURN * MORE THAN YOU IMAGINED CA.H AUBURN * MORE THAN YOU IMAGINED CA.H CA.H CA.H CA.H CA.H CA.H CA.H CA.H CA.H CA.H CA.H CA.H CA.H CA.H CA.H CA.H CA.H AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6383 Date: September 28, 2011 Department: Parks/Art and Recreation Attachments: Ordinance No. 6383 Poet Laureate Program Poet Laureate Agreement Budget Impact: $0 Administrative Recommendation:City Council introduce and adopt Ordinance No. 6383 .Background Summary:Proposed by an Auburn resident and recommended by t he Arts Commission, the creation of an honorary Poet Laureate position woul d serve to recognize and celebrate the literary arts as well as significant contributi ons of an individual. The Poet Laureate also encourages appreciation of p oetry and literary life in Auburn. Once a Poet Laureate program and nomination process is established the Auburn Arts Commission will forward a recommendation to the May or for final selection and appointment. The term of service for the next Poet Laureate will be three years, beginning in the January of 2012. The award is honorific. There is n o financial compensation for the position. Documents attached are the proposed application pro cess. A4.5.2 Reviewed by Council Committees:Municipal Services, Planning And Community Developm ent Councilmember:Peloza Staff:Faber Meeting Date:October 17, 2011 Item Number:ORD.A AUBURN * MORE THAN YOU IMAGINED ORD.A ORDINANCE NO. 6 383 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING TITLE 2 OF THE AUBURN CITY CODE BY CREATING A NEW CHAPTER, "2.82 POET LAUREATE"WHEREAS, the study of literatureforms a vitalpart of our sharedand diverse culture; and WHEREAS, the CityofAubum has an active andunited community; and WHEREAS, the City Councilbelieves that the appointmentof a Poet Laureate will encourage the appreciation of poetryand literary life in Auburn.NOW, THEREFORE, THE CITY COUNCILOFTHE CITY OF AUBURN,WASHINGTON, DO ORDAIN as follows:Section 7. Amendment to Citv Code. That Title 2 of the Aubu n City Code be and the same hereby is amended by adding a new Chapter, "2.82 Poet Laureate"to read as follows:2.82 Poet Laureate 2.82.010 Position established —Duties.2.82.020 Quatifications, Appointment, and Term of Office.2.82.010 Position establisheii- Duties.There is established in the City the position of Poef Laureate. The Poet Laureate shall encourage the writing, reading, and perFormance of poetry within the City.2.82.020 Qual cations;Appointrnent, andTerm of Office.Ordinance No. 6383 October 4, 2011 Page 1 of 3 ORD.A A. The PoetLaureate shall be at least 18 years old, be still living at thetime of his or her appointment; have been a resident of Aubum forat least one year, and shah'have demonstrated thefollowing:1. Excellence as evidenced by the submitted pcetry sample.2. Ezemplary professionalism as evidenced by an established history of publication in joumals and books, special honors, awards, fellowships, and/or other recognition;3. Advancement of poetry in Aubum communities as evidenced by a history of activity in Auburn's literary communitythrough readings, publications,public presentations and/or teaching.Employees (or members of their immediate family orhousehold) of the Ciry of Aubum, and members orstaff (or membersof their immediate family or household) are ineligible.B. The Poet Laureate shall be appointed by the Mayor ftom threefinalists chosen by 4he Auburn Arts Commission. The Arts Commission is authorized to promulgate rules and procedures consistent with this Chapter for the purpose of conducting the nominationprocess.C. The term of appointment shallbe for three years. Provided, that the Mayor may removethe incumbent withouf cause.D. The PoetLaureate shall serve without compensation.Sectian 2. Imolemerrtation. The Mayor is hereby authorized to implemerrt such administrative procedures as may be necessary to carry out the directions of this legislation.Ordinance No. 6383 October 4, 2011 Page2 of 3 ORD.A Section 3. Severabilitv. The provisions ofthis ordinance are declared to be separate and severable, The invalidity of anyclause, sentence,paragraph, subdivision, section or portion of this ordinance, or the invalidity ofthe 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 4. Effective dats. This Ordinance shall take effect and be in force five days from and after its passage, approval and pubiication as provided by law.INTRODUCED:PASSED:APPROVED:CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST:Danielle E. DasRam, City Clerk APP VED ASTO FORM:Daniel B. id, CityAtto ney Published:Ordinance No. 6383 October 4, 2011 Page3of3 ORD.A City of Auburn Poet Laureate About the Program What is the City of Auburn Poet Laureate Position? The City of Auburn Poet Laureate recognizes and hon ors a citizen poet of exceptional talent and accomplishment. The Poet Laureate also encourages a ppreciation of poetry and literary life in Auburn. Once a Poet Laureate program is established the Auburn Arts Commission will forward a recommendation to the Mayor for final selection and appointment. What is the Term of Service and Compensation? The term of service for the next Poet Laureate will be three years, beginning in the January of 2012. The award is honorific. There is no financial compensation for the position. Who is eligible to be nominated Poet Laureate of Ci ty of Auburn? Residents of City of Auburn may nominate a poet for the Poet Laureate position by following the application process offered in this document. Resid ents are encouraged to nominate poets from all walks of life, and all poetry forms are welcome . Nominations for Auburn's Poet Laureate will be accepted for poets who meet the following eligibili ty requirements: • Poet must be a resident of Auburn for at least one year. • Applicant and nominee must be at least 18 years ol d. • Poet must have produced work of the highest calibe r and have contributed substantial service to the development of the literary arts as demonstrated by the submitted application. • Poet's submitted work samples may be on any topic; although consideration will be give to works representative of Auburn and its history. All poetry forms will be considered. • A poet may not self-nominate him or herself. • No award will be given posthumously. • Poet must not be a member or staff member of the c urrent Auburn Arts Commission or City of Auburn or their immediate family or househo ld. What is the selection process for the Poet Laureate ? A panel drawn from members of the literary communit y will select three finalists from among the nominations. The three finalists will be submitted to the Auburn Arts Commission for review, approval, and recommendation. The Poet Laureate of Auburn will then be chosen by the Mayor from among these nominees in December. ORD.A What are the obligations of the Poet Laureate? City staff will coordinate a public ceremony honori ng the new Poet Laureate in conjunction with Uniquely Auburn or other public program. The Poet L aureate will be invited to participate in various City of Auburn public openings and events t hroughout the three year term. How will Poet Laureate nominations be evaluated? The Poet Laureate will be chosen on the basis of th ree criteria: • Excellence as evidenced by the submitted poetry sa mple • Exemplary professionalism as evidenced by an estab lished history of publication in journals and books, special honors, awards, fellows hips, and/or other recognition • Advancement of poetry in Auburn communities as evi denced by a history of activity in Auburn's literary community through readings, publi cations, public presentations and/or teaching Re-nomination of Previously Nominated Poets Nominations are not carried over in future years. I f you wish to nominate someone who has been nominated before, a new nomination application and materials must be submitted. For further information, contact Maija McKnight, Arts Coordinator, City of Auburn, 2 53-804-5043, mmcknight@auburnwa.gov ORD.A City of Auburn Poet Laureate Nomination Form 2012-2014 Application Receipt Deadline November 30, 2011 This form must be submitted along with the other re quired materials. Please review the complete application description and guidelines for both nom inees and poets before signing this form. NOMINATOR Information Nominator Name:________________________________________________ Address: ______________________________________________________ Phone: _______________________ Alt Phone: _____________________ Fax: _________________________ Email: ________________________ POET Information Nominee (Poet) Name:_____________________________________________ Address: ______________________________________________________ Phone: _______________________ Alt Phone: _____________________ Fax: _________________________ Email: ________________________ If selected, I accept full responsibility for meeti ng all requirements of the City of Auburn to provid e all information requested by the Council, Arts Commission, and/or s taff. I give my full permission for my name to be placed in nomination for this position by the above nominator. I certify that the nominee information is true an d accurate and that the work sample submitted is an accurate representa tion of my work. If selected, the City of Auburn a nd the Auburn Arts Commission have my permission to use my work sample , or a portion thereof, for publicity purposes. _______________________________________________________________ Signature of Nominee (Poet) Date The following materials must accompany the nominati on form 1. TEN poems (no more than 15 pages). Please see: Application Guidelines for a complete description of required materials and how to apply 2. Poet resume, bio or curriculum vitae Please see complete application description and gui delines for additional materials you may wish to have considered. For further information, contact Maija McKnight, Ar ts Coordinator, City of Auburn, 253-804-5043 ORD.A Guidelines and Checklist City of Auburn Poet Laureate 2012-2014 Application Receipt Deadline (not a postmark deadli ne) November 30, 2011 at 5 pm GUIDELINES CHECKLIST DON’T Do not staple any page in the collated sets of app lication materials Do not use plastic sleeves, cover sheets, comb or spiral binding, pocket folders or other presentation materials DO Use 8 ½” x 11” white paper. Use one side only Leave enough margin on the left-hand side of the m aterials to allow for 3-hole punching Use 12-point type font or larger for all materials Provide copyright information where appropriate. All submissions become part of the public record. Both published a nd non-published poetry may be submitted Make a copy of the application for your records APPLICATION MATERIALS CHECKLIST Poet Nomination Form (signed by Poet Nominee) Nominator’s Form (signed by Nominator) Cover Letter (from Nominator) Use no more than 2 p ages to introduce your poet nominee, offer reasons why they meet all criteria, and offer examples of why they have advanced poetry in Auburn Poet’s Bio/Resume/Curriculum Vitae. Use no more t han 2 pages (compiled by Poet) Supplemental Materials. Poet’s Awards, Press Rele ases, Letters of Recommendation, List of published work. Use no more than 2 pages to address the criteria of exemplary professionalis m (compiled by poet and nominee) Ten poems: Use no more than 15 pages For further information, contact Maija McKnight, Ar ts Coordinator, City of Auburn, 253-804-5043 ORD.A P oet Laureate Agreement version date 9.30.11 P age 1 of 2 POET LAUREATE AGREEMENT This agreement is entered into on ___________, 20__, between the City of Auburn (“City”) and ______________________(“_________”) for the purpose of supporting the City’s P oet Laureate P rogram. For valuable consideration, the sufficiency of whic h is hereby acknowledged, the parties agree as follows: 1. The City agrees to appoint _________ as the City ’s P oet Laureate for a period of 3 years, beginning ____________, 20__ and ending ______________, 20__. 2. ___________ shall not be entitled to any compensa tion. 3. ___________ shall attend a ceremony honoring the new P oet Laureate and shall recite one of his/her works at the ceremony. ______ may, but is not required to, attend other City events as requested by the City and may, but is not required to, read existing works or new works created specially for the event. 4. _________ agrees to indemnify, defend, and hold harmless the City from any claims, judgments, damages or liability whatsoever, arising out of the fulfillment of the duties of Auburn P oet Laureate. This agreement to indemnify, defend and hold harmless is intended to be comprehensive and shall include, but n ot be limited to, claims relating to personal injury, wrongful death, property damage, co pyright infringement, defamation and invasion of privacy. 5. This agreement and the appointment may be termin ated by either party without cause, upon 14 days’ written notice to the other party. 6. Copyright. ________ Copyrightable material produc ed at the request of the City shall be the sole property of ________. _______ reserves ev ery right to control the making and dissemination of copies of the work or works, bu t grants the City a non-exclusive license to electronically scan, duplicate, or make other reproductions of the material for any non-commercial use for the sole benefit of the p ublic. This includes, but is not limited to, education, public relations, advertising , brochures, and similar material. 7. All reproductions by the City, including and with out limitation, electronic or digital reproduction, shall contain a credit to the _________ and a copyright notice substantially in the following form: “Copyright, © 20__ __________(name), all rights reserved, date, and/or any other credit mutually agreed upon by the p arties, in such a manner and location as shall comply with the U.S. Copyright La ws. ORD.A P oet Laureate Agreement version date 9.30.11 P age 2 of 2 8. This Agreement shall be construed and interprete d in accordance with the laws of the State of Washington. The venue of any action brought hereunder shall be in the Superior Court for King County. CITY OF AUBURN _______________________________ P eter B. Lewis, Mayor ATTEST: _______________________________ Dani Daskam, City Clerk A PP ROVED AS TO FORM: _______________________________ Daniel B. Heid, City Attorney _______________________________ [P rinted Name] ORD.A AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4757 Date: October 11, 2011 Department: Parks/Art and Recreation Attachments: Resolution & Agreement Master Site Plan - Mary Olson Farm Museum Property Lease Farm Lease Extension Res 4172 White River Valley Historical Society By Laws Budget Impact: $0 Administrative Recommendation:City Council adopt Resolution No. 4757.Background Summary:The City of Auburn and the White River Valley Histo rical Society have been in partnership since 1992 managing the White River Val ley Museum. This relationship has been formalized through a Museum Services Agreement which has been renewed multiple times, now expiring November 27, 2011. We ask to extend this Agreement for another ten years (2021) and for it to include lang uage which outlines the management of the Mary Olson Farm. A5.2.8 Reviewed by Council Committees:Municipal Services, Planning And Community Developm ent Councilmember:Norman Staff:Faber Meeting Date:October 17, 2011 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINED RES.A RESOLUTION NO. 4 7 5 7 ARESOLUTION OF THE CITY COUNCIL OFTHE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITYCLERK TO EXECUTETHEMUSEUM SERVICES AGREEMENT BETWEEN THE CITY OF AUBURN AND THE WHITE RIVER VALLEY HISTORICAL SOCIETY WHEREAS, the White RiverValley Historical Sociery and the City of Auburn have a long history of cooperating on Museum related projects; and WHEREA$, among those projects have been contracts for Museum services and agreements in support of the City's Museum and the historic Mary Olson Farm;and WHEREAS, it is advantageous for the Society and the City to continue their y contracts for services in support of theMuseum located in Les Gove Park, 918 "H"Street S.E., Aubum, Washington,.and for the Mary Olson Farm located at28728 Green River Road, Aubu n, Washington.NOW, ?HEREFORE, THE CITY COUNCIC OE THE CITY OF AUBURN,WASHINGTON, HEREBYRESOLVES as follows:Section 1. The Mayor and Ciry Clerk are authorizedto execute theMuseum_Services AgreemeM between the City of Au6um and the White River Valley Historical Society in substantial.conformity with the agreement a copy of which is attachedhereto, marked as Exhibit"A" and incorporatedherein bythis reference:Resolution No. 4757 September 30,.2011 Page 1 of 2 RES.A Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry outthedirectives of this legislation.Section 3. This Resolution shall take effect and be in fullforce and effect upon passage and signature hereon.DATED and SIGNED this_day of 2011.CITY OF AUBURN PETER B. LEWIS, MAYOR ATfEST:Danielle E.,Daskam, City Clerk APP VED S TO FORM:niel B. 'He , ityAtto Resolution No. 4757 September$0, 2011 Page 2 of 2 RES.A MUSEUM SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _ day of 2011 by,and between the CITY OF AUBURN, WASHINGTON, a municipal corporation of the State of Washington herein referred to as "CITY", and the WHITE RIVER VALLEY HISTORICAL SOCIETY, a Washington non-profit corporation, hereinreferred to as "SOCIETY".1NHEREAS; the $OCIETY has done an excellent job in the past tocollect, preserve,exhi6it, and irrterpret thehistory and prehistoryof the White River Valley and vicinity; and WIiEREAS, theCITYrecognizes that the Whfte River Valley Historical Museum and the Mary Olson Farm, herein collectively refeRed to as "Museum°, are major assets to the citizens of Aubum antl the Vailey=at-large; and WHEREAS,the GI1'Y ownsthehistoric MaryOlsonFartn, the built environment of which is leased by theSOGIETY for purposes of accurate and economic restoratlon; and the SOCIETYdesiresto work together'tocontinue and expand the viability and servicesof the Museum including providing research and technicalsupport for o4her CITY departments on sites of historical interest; and WHEREAS, theCITY recognizes the value of restorationand development of the Mary Qison Farm funded largely through donationsmanaged by the SOCIETY, developing thissite into a major assetfior the citizens of Aubum and the region; and WHEREAS, theMuseum building located in Les Gove Park, 918 "H" Street S.E.,Aubum, Washington, and all artifacts, archives, otherhistoric materials, fixtures, exhibition materials, furniture, equipment, and other personal propertytherein are thesole propertyof the SOCIETY; except the suppiies, fumi4ure, and equipment purchased by the CITY, which shall 'remain the solepropertyof theCITY; and MuseumServicesAgreement Resolution No.4757 ExhibitA September 30,2011 Page 1 of 10 RES.A WHEREAS, the land uponwhich the Museum building is situated is the sole property of he CITY and this Agreement does not nullifyany previous agreements betweentheCITY and theSOCIETY; and WHEREAS, CITY employees in the person of the Museum Director and other CITY and SOCIETY museum staff membersareassignedtodevelop and manageMaryOlson Farm programs tobenefit the citizens of Aubum; and WHEREAS, theCITY did purchasethe Mary OlsonFarm property withthe intentionof p eserving its natural and historical sign cance; and WHEREAS, pursuaM to the 2000 MASTER SITE PLAN attachedhereto as Exhibit "1,"the CITY and theSOCIETY plan to continue to restore and operete the Farm property for public access and education,NOW THEREFORE, THE CITYAND THESOCIETY IN CONSIDERATION OF THE CONDITIONSAND COVENANTS HEREIN DO AGREE AS FOLLOWS:Article 1. Govemance.1.1 Goveming Body of the Museum.The Goveming Body of the Museum is the Board ofDirectorsof the SOCIETY. All members of the Board of Directors shall be membersofthe SOCIETY and shalluphold the public trust placed in them and, as provided in the mission and goals statement of the SOCIEIY, take upon themselyes all the duties and responsibilities which are requiredunder the bylaws, policies, and agreements approved by the SOCIE7Y.1.2 Number of Board of Directors.The number ofDirectors serving on the Board shall be no more than seventeen (17).1.3 Selection ofMembers.A. Nine (9) members shall be eleded bythe General Membership of the SOCIETY in accordance with the SOCIETY bylaws.MuseumServicesAgreement ResoluGon.No.4757 Ezhibit A September 30,2011 Page 2 of 10 RES.A B. EigM (8) members shall be appointed by the Mayor of the Cil'Y with the approval of the Auburn City Council.C. MembersEmeritimay be appointed by the SOCIETY to honar their years of senrice androle in the community. Members Emeriti are non-voting membersof the Board. Appointments and term willbe determined by the Board.Artiele 2. Resoonstbilities of ttie SOCIETY The SOCIETY with ttie assistance of the Museum Director shali be responsible for the following:A. Adopt or modifypoliciesregulatingactivities specific toMuseumoperations, the management and useofcollections, the useof facilities, and other functions as it deerris necessary or appropriate, modeling all policies as closely as possibleto those of the CITY.B. Develop_ long-tertn pfans for theMuseum which shall include development of revenuesources, articulationof capitalimproVements, collections needs, feesfor Museum services, and marketing strategies.C. Develop and implement programs for visitor services, collection caretakers, and other Museum volunteers inGuding manycitizensof Aubum.D. Prepare and submit to the CITY a long-range plan outlining the operations, goals and objectives for thefuture.E. This Article does not prohibit the SOCIETI' from carrying on other adivkies authorized by theSOCIETY'S charter, bylaws, or mission statement.F. Prepare and presenY an annual status report for the Mayor and City Council reviewing accomplishments and outliningthe upcoming year goals and objectives.MuseumServices Agreement Resolutfon No.4757Exhibit A September 30. 2011 Pege 3 of 10 RES.A Article 3. Responsibilities of the CITY.TheCITY shall be responsible for the following:A. Provide a Museum Director and otherappropriate staff to further the mission and goals ofthe SOCIETY as set:foRh in the Bylaws ofthe SOCIETY provided that Aubum citizens clearly benefit from this service.B. Providethe following in-kind servicesto the Museum providing thatAubum citizens clearly benefit from this service:1.Printing and mailingof newsletter and other budgeted brochures for programs, exhibits, or projects which further the mission and goals of the SOCI ETY as related to the Museum.2. Maintenance and supplies for the exterior grounds of the Museum building. When expertise and time is available CITY personnel will be available toassist with exhibitinstallation, building repairs and other related tasks.3. Administrative and clerical supportto assist the Museum Directar with his/her responsibilfties in serving the general mission of the SOCIEIY as directly related to the Museum.Article 4. Mary Olson Farm A. The CITY owns tfie 'Mary Olson Farm (hereinafter the "Farm" whento be distinguished from the Museum [Museum and Farm]) and manages it as a CITY park. The CITY thus provides oversight for the caretakers, holds title to the caretaker's mobile, and providesforits routine outdoor maintenance.B. TheCITY is responsible for all Farm utilfies, securitymonitoring and insurance coverage (for events, programs and day to day open hours) as with other parks in theCITY system.Museum Services AgreemeM ResoluUonNo.4757 Exhlbk A September 30,2011 Page 4 of 10 RES.A C. CITY employees will developprograms and events for the Fartn in coordination with theSOCIETY staff members;boardand volunteers.D. The SOCIEN is responsible for costsof programs and events at the Farm as wellasthe collectionof all associated revenues. Any revenuerealized by said eventswill be retained by 1he SOCIETY for future improvements and events at the Farm and Museum which benefit the citizens of Aubum.Artiele 5. Stafflng.5.1 Museum Director TheMuseum Diredor shall be employed byand compensated by the GITY and shall receive all normal CITY benefits. The Museum Director's pertormance in regard to the administraUon of the Museum shall be reviewed annually in compliance with regular CITY Human Resourcesprocedures..5.2 Staff Reporting and Policies.A. AII add'Rional staff at 4he Museum, whether the position is funded by the CITY or the SOCIETY, wili report directlyto the Museum Director and be subjectto CITY policies.B. All volunteers at the Museum will report directlyto the MuseumDirector or staff assigned by theDirector.C. The Museum Director andall additional staff hired by the CITY shall be subjectto all Human Resource policies and proceduresofCITYemployees as well as museum professional policiesadopted by the SOCIETY.Articte 6. Buiiding, Land and Coilection Ownership This Agreemerrtdoes not affect the SOCIETYownership of the Museum building (918 H StreetSE) nor of theartifacts, archives, other historic materials, fixtures, exhibition materials, fumiture, equipment, and other personal property wRhin the Museum building;Museum Serviees Agreement Resolution No.4757 E diibit A Septembei 30,2011 Page 5of 10 RES.A provided that, theCITY retainsownershipof the supplies, equipment and fumiture purchased by the CITY. The CI7Y leases to the SOCIETY a tract of land pursuant to a ninety-nine (99) year lease entered into August 20, 1971. A copy of the lease is attached hereto as Exhibit "2° and;is incorporated herein by this reference`'This Agreement does not affect the SOCIETY's Lease (20 year) of the built environment of the MaryOlson Fartn (28728 GreenRiver Road) for purposes ofeconomical and accurate restorationanddevelopmerrt. A copy of 4he lease is attached hereto as Exhibit 3" and is incorporated herein by this reference.Article 7. Finances.A. The SOCIETY will develop an annualoperatirig and capitalimprovements budget for the Museum andthe Farm.B. The SOCIETY may develop graMs and promotedonationsto theMuseum for the operating budget, endowment, designated capital improvements at the Museum or Farm, and the Museum's permanerit collection..C. The SOCIETY shall keep accuratefinancial books and records in compliance with ail accepted accounting standards. The SOCIEI'`f shail prudently manage all giftsmadeto the SOCIETY, and expend contributions exclusively for the benefitintended.D. Allfinancialrecordsof4he SOCIETY shall be subject to examination by the CITY at any reasonable time upon written request.E. The CITYthrbugh theMuseum Diredor will annually coordinate with the SOCIETY Board todevelop an opera4ing budget for the Museumto detertnine the needs forthe upcaming year. The CITY may consider fundingspecial projeds, programs, capital equipment, cap'ital projects, personnel, or exhibitsto take place at the Museum, which clearly demonstrate a benefitto theCITY. The MuseumServices Agreement Resolution No.4757 ExhibR A September 30,2011 Page B of 10 RES.A CITY will consider allocations to the Museum as outlined in Article 3 as part of the normal annual GITY budgefiprocess.Article 8. DuraUon of Agreement 8.1 Duration.This P qreement shall be in effect for ten (10) yearsfrom the date this Agreemerrt is signed by theMayorof 4he City of Aubum.8:2. RenewaL ThisAgreement may be renewed for an addRional ten (10) years upon written request by the SOCIETY and approval by the CITYat least two months priorto the expirationof this agreement as setforth in articie 8.1.8.3. Amendment.This Agreement sets forth the full understanding of theSOCIETY and the CITY and may not be modified nor amendedexcept by written amendmeM duly executed by the SOCIETY and the CITY.8.4 Termination.A. This P qreemerrt may be terminated by either party for any cause upon one hundred and eighty (180) dayswrittennoticeto the other party:B. Upon receiptof a termination notice under the aboqe paragraph, the CITYshall cease anyand all support and all other in-kind services for the SOCIETY at the end of onehundred and eighty (180) days. Any capital equipment which is purchased for use in 4he:Museum by the CITYremains the propertyof the CITY.C. Upon termination of this AgreemeM, the Directors who have been appoiMedto the SOCIETY Board by the CITY mayno longer be members of the Board unless elected to the Board 6y the membershipof the SOCIETY.Artiele 9. SOCIETY Bylaws.MuseumServices Agieement Resolution No:4757 Exhibit A September 30,2011 Page 7 of 10 RES.A 9.1 Bylaws incorporated in thisAgreement:The SOCIEIY Bylaws are attached hereto as Exhibit "4" and are hereby incorporated herein by this reference. Any proposed changesto SOCIEIY Bylaws, poliaes, or procedures whichconflict with the terms of this Agreement must be submittedto the CITY for review and may be adopted by mutual conserrt ofthe GITY andthe SOCIETY..Article 10. Indemnification/Ho1d Harmless.The CITY and the SOCIETY each agrees to defend, indemnify andhold hartnless the other; its elected and/or appointed officials, employees, and agents from any and all claims,demands, and/or causes of actionof any kind or characterwhatsoever arisingout of or relating to the actions of the indemniiying party, its employees, consultants, subcontractors, or agents for any and aIl claims by any persons for alleged personal injury, death, or damageto their persons or propertyto the extent caused solely by negligentacts, errors, or omissionsof the indemnifying party, its employees, ageMs, consultants, subcontractors, or representatives and arisingout of Rs perFormance of this Agreementexceptwhere the claim, demand, and/or cause of actionarises solely as a result of tFie negligent acts, errors, or omissions of the indemnified party, its elected and appointedofficials, employees, or agerrts. In the event that any suft or claim for damages is brought against the indemnfied party dueto the actionsof the indemnifying party, theindemnifying party willdefendthe CITY at its sole cost and expense;provided that the indemnified party retains the right to participate in the said suit ifanyprinciple of govemmental or publiclaws is-involved; and iffinal judgmerrt be rendered against the indemned party and/or its officers, ageMs; or employees or any of them, or jointly against the indemnified party and the indemnifying partyand their representative officers, agents,employees, or any of them, the indemnifying party agrees to fully satisfy the same and the indemnifying partyshall reimburse the indemn ed party for any cost and expense which the indemnified partyhas incurred as a resuk of suchclaimor suit:Museum Services Agreement Resolution No.4757 F diibit A September 30,207 7 Page 8 of 10 RES.A The provisionsof this section shall survive the expirationortermination of this Agreement as to any suit orclaimed alleged acts, errors, or omissionsoccurring during the term of this f qreement.Articte 11. Nondiscrimination.The SOCIET'1' shall not discriminate regarding any services, membership, staff, or ac6vities to which this Agreement may apply directlyor indiredly through cordradual, hiring, or other arrangemerrts on the grounds of race, coior, creed, religion, nationalorigin, gender, age,or where there is the presenceof any sensory, mental, or physical disabiiity.Article 12. Insurance.The SOCIETY SHALLMAINTAIN THROUGHOUT THETERM OF THIS AgreemeM comprehensive general liabifity insurance in the amount ofone million doliars combinedsingle limRs per occurrence. The insurance policyshall name the GITY of Aubum as additional insured. The policy shall reguire a minimum ofthirty (30)daysprior writtennoticeto the CITY of any cancellation or expiration of the policy or any mod cation of any provisions of the policy.The SOCIETY shall maintain throughout the termof this agreement no less than one million dollarscombinedsinglelimits per occurrence Boardand Officer's Liability Insurance for all nine 9) SOCIETY eleded Board members. The CITY shall maintain throughout the tertnof this agreement no less than one million doilars combined singie limits per occumence Board and Officer's Liability Insurance for all eight (8) CITY appointees.Article 73. Assignments.The CITY and theSOCIETY respectively bind themselves, their partners, successors,assigns, and legal representatives to theother party to 4his Agreement with respectto all covenantsto this Agreement. Neither the GITY nor the SOCIETY shall assign this Agreement withoutthewritten consent of the other party. No othergovemingor management agreemeM Museum Services Agreement Resolution.NO.4757 Eidiibk A September 30,2011 Page 9 oi.10 RES.A for the govemance of the Museum may be signed by the SOCIETY without prior written agreement by the CITY.Article 14. General Provision.This Agreement shall be govemed by any applicable laws, regulations, and ordinances of the CITY, KingCourrty, the Stateof Washington, and where appiicable, Federal laws.CITY OF AUBURN Peter B. Lewis, Mayar ATTEST:Danielle E'. Daskam, City Cierk AP VE O FORM:an Heid, ' Atto y MuseumServices Agieement Resolution No.4757 Exhibk A September 30,2011 Page 10 of 10 RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A RES.A LEASE I!ii5 INOEi NRE OF LEASE mada and antared into thl dqy of 1971, by and botween the City of Auburn, WasMngLon, n owatetpnl eorporation, haretna4ter 11ed GIT'", aid.the White River Yailey NlatorYcal 5oelety. a nonprofttwrperatton of the Staia af SdashingWn, haretnaiter cailed "SQUETY";YITNESSETH: That .tn corts7demtlon of Lhe premises tt is agreed by the parttes herato as fotlora:i. Thet the Ltty henby iets and lesses Lo tha Soelety. for the,peMod nt irinaty-rtt m yean, 4rom and aiter this dste, tLat eertaln tract of land situate riLhtn r.tis corporate 1lmits of the tlty of Auburn, moro partteulsrly descr Eed as foltaws:A portlon of 6orernm t Lot 6. Seetton 19. Towhsh7p 21 Morth. Ran 5 Eaet. M.M., tn King Lounty; MasMngton, turSher descrlbad as totlaws:Wmnancing at ttie North 1/4 orne. Saetton 19. Townshtp 21 NorM.Range 5 East. M.M.: tpenea.5outli 0'17'99° Its t 531.16 faet along the West line of e remmeiit lot 6, to the ?nm Po1nt of'Be tenlnpt t eece South63°08'44" East'i91:89.faei; Llianee SauLh q'12'49 EesL T3.22 feet: thenee MoMb B9°42'21''Hest 1BZ.76 faet. mre or tess. to' the West lina of satd 6orernment lot 6; LhH11G! N01'N 0'17'° Ea3t 1B7.48 feat nlong tha 1Nst Hne of aald Bovernma t Lot 6, to tlie in e PotnL oP Beginning: cantaiMng Q.48 ncres anre o less; 1E55 tAaL porEton for "H" Stre:t Southeast. EXf,EPT the Aortherly 12 feet 4or p lta use.a xl the rental for ths full peMod cf sald lease sha11 be deemed to have been tu]]y paid.2. The Soetety agrees that it sha71 and w111, at 1ts am eost and expense praceed rith a11 d111gence W corxtruet end eomqlete. upon Lhe sald iand, a MstoMeal museum, accnMinq ta plens and speetitutlona prepnred for and on bahatf ot aetd sxleLy and npproved by C1Ly. 3. Whan the hfstnrical museum 1s constructed and au letad, the Sociaty e9rees ta merate t c same as a free MstoNcat ne apan to the genenl p lte for tha kurcose nf preservtng and exhibtt7ng 1stoMeel artifacts end docwents:of the terMtory ewnracin9the.Mhlte snd Green Rtve Yalleys aed a4/aeenL areas. togeLher wlth ot er h(atod cal ltems thnt mey be of lnterest W the penonb 71v1ng theteln. i. The Socteiy shstl kxp and metnSatn LAe MsWHcet musamo.in good orde and repa9r, et iG am eost and mcpense, ineluding a11 furnlshtngs, flxturos and other ccesscriez of satd b¢Itding, and shelt 4urrtlsh anttor and aatadlal servlce and ins•.rance agalnat ftre, ;+tndstorm nnd other atsuattles. In addttlon tbe S6ciety shall assurte and p v slt utiH ty diargas ineurrad in the.operatlon of sald 4adlilY.Pago Onc Typea T-9-7S RES.A 5. Tha partfes. 1n amktny thls syreemeni. Aeve antared into 1t r1tU the hope a M beNef that tda uca of dre faelHttee W tie DroWded by the MstaMul museum shell be of yreat advantage and Deneflt to Me people of tl e City ot.A urn m d cf the surrounding srees, end they pledpe to each other tAat on elt oassfons, whenend tf questlona aelse eoawrntnp tlie true lntent and meaMng of thts ayrae nt, Lhat Lhey iAll enEeswr to so treaL rlth eech other as to give evtdenoe oi the;hlghest good falth end ttiagreetest eonsid_aratlan eacA for the othar, tn order tl et aua ly and unfortunaLe d1{feiYnoe„mqy nerer develop heorem„tnem. 6: Io theavent the Sociaty ahal] fa11 to eonstnrct to comp7atlon n Mstorlesl museim u raqWred Ireretnebore oa tlie D!W'CY desMbed 1n thls .laeae rltbin a peMod of five (5) yaan fromthe coamencement date tAenof, seld tease shsil terminele end be of no toroa and effeet thareafter. inaddltton. if, siLer the Soetety has emupvoted a awseum on the hereineDOra deacribed properqr L shatl fa17 to o rats and me/Main 1t fo e peNod of two eunseatlreyesn, sueh sAall atao effaet tM termirinLlon ofthls tease and t7 e premises shall then revertto the C1Ly Logethe wlth e11 strveWres sltuate tharaon.7. The SoMetiy agrees Shat tt sAall nuver weke. or underdake t4 aake en assigmos!of thts lea[e, o a fubtease, or an srrengmoent of eny klnd cdntemplat7ng a use of sald Ntstortcal museim by thlyd partles for aqy cmmerelal puryose.8. Thqt tl is lena.supenedes and reDlaoas anq other teases pertaiiiinp.to the Pro r'kY daserihed herelnabovebetirsan Um par,Nes hareto. Itl YITHESS IdI{EIIEpF tho partles he*eto Aave aet the1 hends end seale the dqy and yeer f1rsL hereinabove wMtten. CIT4 OF AUBURN A1TESt: nii/I.Jn...Ha ty Q RIYER Y/A LlEY NISTU CJLL SOCIETY B Yfkr.c J . r Pega Tko RES.A i STATE OF W15HIN6TON) ss.COIRiTR OFI(INB ) -On th1 dqy o 19Ji. Eelbre me. q e wMantyired. s Notary Pt lfc tn and for tha S!a uf Yub n , tluly 'mmoissloned and srorn,'peTSOna11y aietl STANLEY P. E7 and E IIIIAMS. Lo`me knoiin to be tlre tlq or and C1ty rli etispar t1YBtj of the ttty of Atmurn, a muntcfpel tofpOrattOn. m d tba arpORitop thsL ezeCULpd eha fotagoing lnrtrument. and aelmoMledged th8ti fhe sald 1rnLn ant'to be the {ree and roliuitery act aad.daed of sald mryur"attop. "fo t8e usas and puryusas sheretn eientlmied,anA o0 oeth atated that lhqy are 'authoMzed aed dlreeted to exemLe Lhe satd /nstrument anA tUat tJie seal affixed, la th¢ "corputate aes7 of eaid wryuraLlon..6IITNflSS oy handand offtdnt sesl heretc eff7xad the dqy md,yea first above Nrltten.n ano e; e o MasM ton. restdtny at:Autiu'e.Y .^ STATE OF NASHIYG7pry)COUHTY OF KIN6 ss.On tht d4Y o 1971. Eafore oe. tt a wdentgned. a Notnry Pub71e in end for tlie 5 or h n °, duly issl e .a swrn, perzoeatly appeered J. N. 511 6fINE55Y md ma lrnaym Lo 6a eAe.Prasldent end Seu+etary iespeetlre y e ver e qy Ilistorfe'eT Soelety; e'noriproMY orgeMzat7on of the SLete of Methtngton, and Ne eoryoretlon lhat:exeeuted tAe pce e_gofng instnomrtt. and.aeknowledged that tha satd 1mLnaa t Lobe tlro f and vp7untary ect end deed o1 safA corporatlo. for ffie uses and pueposes tAeMn mentlarod.HITNESS qY hand and otf1c1a7seal hereto afflxed tAe dqy and year T1nt above aM tten.Y in9LOn. rasidtng p A uro. n• o i .Pege Thne RES.A RES.A RES.A RES.A RES.A z sc y z RES.A RES.A As revised 12/31/2009 White River Valley Historical Society By-laws PURPOSE AND MISSION STATEMENT The purpose of the White River Valley Historical So ciety, a 501(c) (3) not-for-profit-corporation, is to provide public education primari ly through activities at the White River Valley Museum and Olson Farm. Public education is provided through the collection, preservation, research, interpretation and exhibiti on of artifacts, documents, and photographs relevant to the history of the White Ri ver Valley region. Events and objects of state, national and international history if associated and relevant to the history of the White River Valley are also appropri ate for public education. The geographic region defined as the service area of th e Historical Society is as follows: to the north, Orillia Road; to the west, Military Road ; to the south, the northern boarder of the Pierce County line or the southern boundary of the City of Auburn as it extends into Pierce County; to the southeast, 400 th Road or Wabash Road; and to the east, Lake Holm Road the Soos Creek Water Shed, and the Upper Green River Valley to Flaming Geyser park. I. SOCIETY MEMBERSHIP A. MEMBERSHIP. Upon receipt of dues any person may be enrolled as a member of the Society who is interested in the hist ory of the area known by pioneers as the White River Valley, of south King C ounty, Washington. B. DUES AND FEES. The schedule for all annual dues and other fees will be set or modified by the Board. C. NONDISCRIMINATION. No person shall be discrimin ated against for Society membership on the basis of race, color, rel igion, sex, age or national origin. II. GOVERNMENT A. GENERAL POWERS. The affairs of the Society shal l be managed by its board of directors, (Board). B. NUMBER. The total Board size is seventeen (17) members. The Board shall consist of nine (9) Society members elected b y the general membership of the Society, and eight (8) Society members appointe d by the City of Auburn. C. TERMS AND TENURE. The regular term for Board me mbers shall be three years. Society Board members shall be electe d at the Annual Meeting; City of Auburn Board members shall also be appointed at that time. A Board member may not hold such office for more than two consecut ive terms, but after one year out of office may be re-elected to the Board. RES.A As revised 12/31/2009 D. VACANCIES. Any vacancy occurring in the Board o r any directorship to be filled by reason of an increase in the number of directors shall be filled by the Board. A director elected to fill a vacancy shall be elected for the unexpired term of the director’s predecessor in office. E. OFFICERS. The officers of the Board will consis t of a President, Vice President, Secretary, and Treasurer. F. ELECTION AND TERM OF OFFICE. Directly after the Annual meeting, Officers shall be elected by the Board from amongst the current Board members. Officers shall hold office for one year or for two, one year terms or until their successor is elected. A Board member may return to office after one year out of office. In case of a vacancy arising in any office , it may be filled for the un-expired term by appointment of the Board. G. BOARD MEMBERS EMERITI. Board Members Emeriti sh all be appointed by the Board to honor their years of serv ice, senior status, and skills as advisors. Board Members Emeriti are invited to all Board meetings but are not required to attend and are not allowed to vote. Th eir opinions may be voiced and considered during Board meetings. H. CONFLICT OF INTEREST. Any possible conflict of interest on the part of a director shall be disclosed to the Board. When a ny such interest becomes a matter of Board Action, such director shall not vot e or use personal influence on the matter. The director may, however, briefly sta te a position on the matter, and answer pertinent questions of Board members. The m inutes of all actions taken on such matters shall clearly reflect that these re quirements have been met. I. COMPENSATION. Directors shall not receive any salaries for their services, but by resolution of the Board, expenses of attendance may be allowed for each regular or special meeting. J. ANNUAL AUDIT. The WRVHS shall obtain an annual audited financial statement prepared by an independent Certified Publ ic Accountant. In lieu of an annual audited financial statement, the President s hall appoint a three (3) member Audit Committee form the Board of Director’s in Nov ember of each year. The committee shall audit the books of record and provi de a written report to the Finance Committee and the Board of Director’s withi n thirty- (30) days from completion of the audit. III. DUTIES OF OFFICERS A. PRESIDENT. The President shall be the principal executive officer of the Society. The President shall preside at all meetin gs of the Society; appoint the chairpersons of all committees with the assistance of the Board; keep in touch with these committees to see that their duties are carried out promptly, correctly, and in proper coordination with each other; meet re gularly with the Museum Director to assure that day to day management follo ws the Board’s plans; and make and carry out plans for the growth and progres s of the Society. RES.A As revised 12/31/2009 B. VICE PRESIDENT. The Vice President shall assist the President in the discharge of the President’s duties as the Presiden t may direct, and shall perform such other duties as may be assigned by the Preside nt or Board. The Vice President shall assume the duties of the President in case he/she is absent. C. SECRETARY. The Secretary shall be responsible f or the minutes of all Board meetings; shall record attendance; issue noti ces in accordance with the bylaws or as required by law; and assure that meeti ngs comply with the State of Washington Open Meeting Law. In the absence of the Secretary, the President can appoint a person to act as Secretary for that m eeting. The Secretary will review the bylaws for currency on a biannual basis. D. TREASURER. The Treasurer shall be the principal accounting and financial officer of the Society and shall serve as chairperson of the Finance Committee; and perform all duties incident to the o ffice of treasurer and such other duties as may be assigned by the Board Presid ent. The Treasurer and the Finance Committee shall provide monthly reports of financial status to the Board for their approval. E. ATTENDANCE. Officers and Board members who are unexcused from more than three consecutive meetings of the Board, or who fail to carry out their duties promptly and efficiently, may be removed by a majority vote of the Board, and shall be notified by the President. F. SUCCESSION. At close of his/her term of office, each officer shall turn over all records of office to his or her successor. IV. EMPLOYED STAFF A. MUSEUM DIRECTOR. As set forth in the Museum Ser vices Agreement, the City of Auburn shall employ a Museum Director w ho shall be the chief operational officer of the Society. Subject to the Board, the Museum Director shall have general direction over the operations of the S ociety; shall implement all policies of the Board; shall submit to the Board or its committees such reports as the Board may require; shall assist in the preparat ion of an annual budget for presentation to and adoption by the Board; shall as sure that personnel policies in the museum mirror those of the City of Auburn; prov ide staff support to the Board; and shall perform such other functions as the Board may direct. The Museum Director (or his/her designee) shall attend all mee tings of the Board and its committees without vote. The Museum Director shall report directly to the City of Auburn Director of Park, Arts, and Recreation. B. EMPLOYEES OF THE CITY. As set forth in the Muse um Service Agreement the City of Auburn shall employ personnel in addition to the Museum Director as needed to staff the Museum. The City s taff employed at the museum shall report directly to, and are accountable to th e Museum Director or his/her designates. RES.A As revised 12/31/2009 C . EMPLOYEES OF THE SOCIETY. Such employed staff as may be necessary to support the organization shall be hire d and discharged by the Museum Director and paid by the Society. The employ ed staff shall report directly to, and are accountable to the Museum Director or h is/her designates. The employees of the Society shall be managed following personnel policies that as closely as is practically possible mirror those of the City of Auburn. V. MEETINGS A. PROCEDURE. Robert’s Rules of Order, current e dition, shall govern all matters of procedure not covered in these bylaws. B. ANNUAL MEETING. An Annual Meeting shall be held each December during which new Board members are elected. Office rs will be selected by the Board directly following the Annual Meeting. C. BOARD MEETINGS. The Board of Directors shall me et at least bimonthly. The Board shall hold meetings as needed , upon call of the President or of the Secretary, or any three members of the Bo ard. D. QUORUM. Those present or by proxy at an Annual or other membership meeting shall constitute a quorum. Five board memb ers including the presiding officer, secretary or clerk designee and board memb ers is considered a quorum for board meetings. E. OPEN MEETINGS. All Board and Annual Meetings will comply with the State of Washington Open Meeting Law. F. CLOSED MEETINGS. Closed meetings may be held to consider matters relating to individual employees, proprietary infor mation, litigation, and other matters requiring the confidential advice of counse l, commercial or financial information obtained from a person on a confidentia l basis, or the purchase of property or services whenever the premature exposur e of such purchase would compromise the business interest of the Society. G. VOTING PROCEDURE. Each Member of the Society sh all at every Annual Meeting be entitled to one vote per issue. Each Member of the Board shall at every Board meeting be entitled to one vot e per issue. All votes may be given in person or by proxy. Proxy votes may be ma de in writing to be presented as such time as the in-person votes are being count ed. Key matters will be decided by vote that may be taken by voice, show of hands, or by ballot. VI. COMMITTEES A. STANDING COMMITTEES. Standing committees of the Board may include Collections, Nomination, Finance, Public Re lations, and such other committees as deemed necessary by the Board. At le ast one Board member RES.A As revised 12/31/2009 shall be appointed to each committee, and one emplo yee of the Museum shall staff each committee. B. TASK FORCES. Short-term assignments may be give n to a group appointed by the President. These Task Forces shal l be assigned a specific project, with a completion date. VII. NOMINATING COMMITTEE. A. The Society President shall appoint a Nominating Committee of no less than three persons to make recommendations to fill the upcoming year Board vacancies. B. The slate shall be announced at the November Boa rd meeting. VIII. ARTIFACT COLLECTIONS A. ARTIFACT DONATION. People may donate historical materials to the White River Valley Museum for which a receipt shall be issued. All gifts are made without restrictions, per the museum’s Deed of Gift Policy. B. COLLECTIONS POLICIES. The artifact collection w ill be managed by strict adherence to the Society’s Collection Policy and the Society’s Native American Collections Policy. C. ARTIFACT LOAN. Artifacts may be loaned or borro wed for display with other museums. Loans shall be managed in strict co mpliance to the museum’s Collections Policy. IX. INDEMNIFICATION OF BOARD MEMBERS AND OFFICERS A. BOARD AND OFFICERS LIABILITY INSURANCE. The Soc iety will indemnify to at least one million dollars, each Boa rd member and Officer, holding harmless from claims assessed against said Board me mber or Officer because of his or her role as Board member or Officer, except where such expenses, costs, and attorney’s fees are proven to have been incurre d through that Board Member’s or Officer’s malfeasance. X. MANNER OF WRITTEN NOTICE A. Any notice in writing required by law or by thes e by-laws to be given to any person may be delivered personally, by email, o r may be given by depositing the same in the post office or letter box in a post paid envelope addressed to such person at such address as appears on the books of t he Society. Notice my mail or email shall be deemed to be given at the time wh en the same shall be mailed. XI. MISCELLANEOUS A. CONTRACTS. The Board may authorize any office r or agent of the Society, in addition to the officers authorized by the bylaws, to enter into any contract or execute and deliver any instrument in t he name of, and on behalf of, the Society. Such authority may be general or con fined to specific instances. RES.A As revised 12/31/2009 B. CHECKS, DRAFTS, ETC. All orders for the payme nt of money, or evidences of indebtedness issued in the name of the Society, shall be signed by such Society officers or agents as the Board shall determine. In the absence of such a determination, such instruments shall be sig ned by the treasurer or bookkeeper and countersigned by the Director or oth er Board member. C. DEPOSITS. All Society funds shall be deposite d to the credit of the Society in such banks, or other depositaries as the Board may select. D. GIFTS. The Board may accept on behalf of the Society any contribution, gift, bequest or devise for the general, or for any special Society purpose. E. RECORDS. The Society shall keep, at the museu m office complete books of account, minutes of the proceedings of dir ectors and committees having any authority of the Board, and a record with the n ames and addresses of directors. All Society records may be inspected by any director, or the director’s agent or attorney for any proper purpose at any rea sonable time. F. FISCAL YEAR. The fiscal year of the Society sh all end on December 31 of each year. XII. AMENDMENTS A. BYLAW AMENDMENT PROCEDURE. The Secretary shall review the bylaws on a biannual basis. Amendments to these by laws may be proposed in writing, and filed with the Secretary at any Board Meeting. The proposed amendments shall be read by the Secretary and may b e discussed. No action may be taken on such amendment until the next follo wing Board Meeting, due notice thereof being given to all members at least two weeks prior to such meeting. Or, the proposed amendments may be mailed to Board Members for their review before a Board Meeting at which time s ubsequent discussion and action shall be taken on that amendment. An amendm ent shall be adopted by a favorable vote of two-thirds of the members present . B. SUBMITTAL TO CITY OF AUBURN. Any proposed changed to Society bylaws, policies or procedures which conflict with the terms of the Museum Services Agreement with the City of Auburn must be submitted to the City of Auburn in writing for review and must be adopted by mutual consent of the Society and City. Revised and Dated: 12/31/2009 By Board Approval RES.A AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4758 Date: October 11, 2011 Department: Public Works Attachments: Resolution No. 4758 Exhibit A Budget Impact: $0 Administrative Recommendation:City Council adopt Resolution No. 4758.Background Summary:Resolution No. 4758 authorizes the Mayor to execute a Highways and Local Programs State Funding Agreement with the State to obligate Freight Mobility Strategic Investment Board (FMSIB) funds in the amount of $6,000,000 for the construction of the M Street SE Underpass project. This grant was awarded in 2003 for the construction of the M Street Underpass and the Auburn Black Diamond By-Pass Road (a new connection between Auburn Black Diamond Road and M Street SE). Since the City has d ecided to move forward with the underpass now and postpone the by-pass road until m ore is known of the Muckleshoot Tribe's future development and a potential new off-ramp from SR-18, FMSIB has agreed to allow their funds to be entirely spent on the un derpass construction. The City has also applied for a Transportation Impr ovement Board (TIB) grant and expects to hear the outcome in mid-November 2011. O4.9.1 C201A Reviewed by Council Committees:Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:October 17, 2011 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINED RES.B RESOLUTION NO. 4758 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN; WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A HIGHINAYS AND LOCAL PROGRAMS STATE FUNDING AGREEMENT BETWEEN THE CITY OF AUBURN THE CITI AND THE WASHINGTONSTATE DEPARTMENT OF TRANSPORTATION (THE STATE) RELATING TO PROJECT NO. C201A, M STREET SE UNDERPASS WHEREAS, theCity desiresto improve the safety, capacity, and efficiency ofthe crossing of M Street SE and the BNSF Stampede Pass Railway; and WHEREAB, lowering M Street SE belowthe tracks and constructing a railroadbridge over the tracks will improve the safety; capacity, and efficiency of M Street SE at the crossing; and WHEREAS, the Cityreceived a grant in the amount of$6,000,000 from the FreightMobility Strategic Investrnent Board (FMSIB) to assist in the construction of the M Street SE Underpass; and WHEREAS, it is in thebest interest of the City to use grant moniesto finance capitel improvements to thestreet system.WHEREAS, the Washington State Departrnent of Transportation is a State agency responsible for the administration ofi FMSIB funds for transportation projects; and Resolution No.4758 October 6,2011 Page 1 RES.B WHEREAS, theWashington State Departrnent of Transportation requires a Highways andLocal Programs State 'Funding Agreement to utilize these FMSIB funds.NOW, THEREFORE, THECITY COUNCIL OF THECITY OF AUBURN,WASHINGTON, HEREBY RESOLVES as follows:Section 7. The Mayor is hereby authorized to execute a Highways and Local Programs State Funding Agreement between the City and the State for the Construction Phase in the total amount of $6,000,000 in substantial conformity with the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. In addition, the Mayor is hereby authorized to execute any necessarysupplemental agreements for all future phases of the project.Section 2. That the Mayor is hereby autho ized to implement such administrativeprocedures as may be necessary to carry out the directives of this legislation.Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon.Resolution No.4758 Ob2f 6, 20 Page2 RES.B Dated and Signed tliis day of 2011.CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST:Danielle E. Daskam;City Clerk APPROVED AS TO FORM:1 Daniel B. id,City Attomey Resolution No. 4758 October 6,2011 Fage 3 RES.B Exhibit A RES.B RES.B AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4759 Date: October 11, 2011 Department: Public Works Attachments: Resolution No. 4759 Budget Impact: $0 Administrative Recommendation:City Council to adopt Resolution No. 4759.Background Summary:The Pubilc Works Department is recommending surplus of the vehicle listed below. The vehicle has been totalled. P038H - 2009 Ford Crown Victoria - VIN 2FAHP71V59X1 41264, Fixed Asset Number - 55000 P038H Reviewed by Council Committees:Finance, Public Works Councilmember:Backus Staff:Dowdy Meeting Date:October 17, 2011 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINED RES.C RESOLUTION NO. 4758 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DECLARING CERTAIN ITEMS OF PROPERTY AS SURPLUS ANDAUTHORIZING THEIR DISPOSAL WHEREAS,the City of Auburn Public Works Department has a number of items which are no longer of use to the Ciry; and WHEREAS, it would be appropriate to surplus the property and dispose of it by auction or other sale mechanism, or to dispose of it, in whole or in pan,through gift to another governmental agencyor an appropriate charitable non-profit entity, as deemed most expedient by the Mayor.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,WASWINGTON HEREBYRESOLVES as follows:Section 1. Purpose. That the propertyidentified below is declared to be surplus, and the Mayor is authorized to dispose of and convey such property through appropriate sale or donation to anothergovernmentalagency or charitable non-profd entity.Public Works The following items are either totalled, wom and/orobsolete:P038H 2O09 Ford Crown Victoria VIN: 2FAHP71V59X141264 Section 2. Implementation. Thatthe Mayor is authorizedto implement such administrative procedures as may be necessary tocarryout the directives of this legislation.Resolution No.4759 Oc4ober13, 2011 Page 1 of 2 RES.C Section 3. Effective Date. That this Resolution shall take effect and be in fullforce upon:passage and signatures hereon.Dated and Signed this day of 2011.CITY OF AUBURN PETER B: LEWIS MAYOR ATTEST:Danielle E.Daskam, City Clerk CityClerk APP VED AS TO FORMc a el 6. H ' , City Attom Resolution No.4759 October 13;:2011 Pege.2.of 2 RES.C AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4760 Date: October 11, 2011 Department: Administration Attachments: Resolution No. 4760 Budget Impact: $0 Administrative Recommendation:City Council adopt Resolution No. 4760.Background Summary:Since 1968, the City of Auburn has had a Sister Cit y relationship with the Kasugo-cho, Japan. Recently, the Japanese city of Kasugo-cho wa s merged with several other neighborhing cities for form a new city, Tamba. Both cities desire to continue to work together to promote cultural and economic development opportunities between the two cities. R esolution No. 4760 authorizes the Mayor to execute the necessary documents with Siste r City associations and with Tamba, Japan to support community cultural and econ omic exchange activities. A1.13 Reviewed by Council Committees:Finance, Public Works Councilmember:Backus Staff:Heid Meeting Date:October 17, 2011 Item Number:RES.D AUBURN * MORE THAN YOU IMAGINED RES.D RESOLUTION NO. 4 76 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO TAKE ALL NECESSARY AND APPROPRIATE STEPS TO FORMALIZE A SISTERCITY RELATIONSHIP BETWEEN THE CITY OF AUBURN AND TAMBA, JAPAN WHEREAS, since 1968, the City ofAubum has had a sister city relationship withKasugo-cho, Japan, and the two cities have enjoyed many opportunities for the two communities to,interact; and WHEREAS, recently the Japanese city of Kasugo-cho, was merged with several other neighboring cities to fonn the new, combined City of Tamba WHEREAS, the City of Aubum hasmet with representatives of theCity of Tamba, Japan, to promote desired cultural and economic development opportunities between the City of Aubum and Ciry of Tamba, Japan; and WHEREAS, the cities of Aubum and Tamba, Japan, have expressed their desire to work together, to continue working together, to promote trade, economic development, education, culturalexchange, and tourismbetween the twocities; and WHEREAS, the people of Auburn and the Auburn business community have expressed their interests in and intentions of facilitating public and private relationships and enhancingtrade, economic development, education, cu tural exchange, and tourism involving the AubumCommunity andthe community of Tamba, Japan; and Resolution No. 4760 October 10, 2011 Page 1 of 2 RES.D WHEREAS, the City Councit alsowishes to work with sister city associations and citizens involved in suchpursuits to develop and continue the relationshipsthat can exist with sister cities in the intema4ional community.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,WASHINGTON; HEREBY RESOLVES as follows:Section 1. TheMayor is herebyauthorized and directedto negotiate and executeagreements and documents with sister city associations and with Tamba,Japan to supportcommunity cultural and economic exchange activities, and theCity Council.ratifes ac#ions 4aken in furtherance thereof.Section 2. The Mayor is herebyauthorized.toimplement such administrative procedures as maybe necessary to carry out the directives of this legislation.Section 3. This Resolution shall take effect and be in full foroe and effect upon passage and signature hereon.DATED and SIGNED this_day of 2011.CITY OF AUBURN ATTEST:: PETER B. LEWIS, MAYOR Danielle E. Daskam, City Clerk APP E TO FO M:i Atto ey Resolution No. 4760 October 10, 2011 Page 2 of 2 RES.D AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4761 Date: October 11, 2011 Department: Administration Attachments: Resolution No. 4761 Budget Impact: $0 Administrative Recommendation:City Council adopt Resolution No. 4761.Background Summary:The City of Auburn and the City of Pyeongchang (Rep ublic of Korea) representatives have met to promote desired cultural and economic d evelopment opportunities between the two cities. Both cities have expressed a desire to work together to promote trade, economic development, education, cultural exchange, and tourism between the two cities. Resolution No. 4761 authorizes the Mayor to negotia te and execute agreements and documents with Sister City associations and with Py eongchang to support community cultural and economic exchange activities. A1.13 Reviewed by Council Committees:Finance, Public Works Councilmember:Backus Staff:Heid Meeting Date:October 17, 2011 Item Number:RES.E AUBURN * MORE THAN YOU IMAGINED RES.E RESOLUTION NO. 4 76 7 A RESOLUTION OF THECITY COUNCIL OF THECITY OF AUBURN, WASHINGTON, AUTHORIZINGTHE MAYOR TO TAKE ALL NECESSARYAND APPROPRIATE STEPS TO FORMALIZE A SISTER CITYRELATIONSHIP BE"fWEEN THE GITY OF AUBURNAND CITY OF PYEONGCHANG, REPUBLIC OF KOREA WHEREAS, the City of Aubum has met with representatives of the City of Pyeongchang, Republic of Korea, to promote desiredcuftural and economic development opportunities between the Ciry of Auburn and Pyeongchang, Korea;and WHEREAS, the cities of Aubum and Pyeongchang, Korea, have expressed fheir desire to work together to promotetrade, economic development, education,cultural exchange, and tourism betweenthe two cities; and WHEREAS, 4he people of Auburn and the Aubum businesscommunity have exPressed their interests in and intentions of facilitating public andprivate relationships and enhancing trade, economicdevelopment, education, cultural exchange, and tourism invoNing the Aubum Community and thepopulation and business communities of Pyeongchang, Korea; and WHEREAS, the City Council also wishes to work with its Sister City Associations and citizens involved in such pursuits` to develop and continuethe relationshipsthat can exist with sister cities in theintemationalcommunity.Resolution No. 4761 October 10, 2011 Page 1 of 2 RES.E NOW, THEREFORE, THECITY COUNCIL OF THE CITY OF AUBURN,WASHINGTON, HEREBY RESOLVES as follows:Section 1. The Mayor is herebyauthorized and directed to negotiate and executeagreements and documents with sistercity associations and with Pyeongchang, Korea, to supportcommunity cul4ural and economic exchange activities, and the City Council ratifies actions taken in furtherance thereof.Section 2. The Mayor is herebyauthorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation.Section 3. This Resolutionshall take effect and be in full force and effect upon passage and signature hereon.DATED and SIGNED this_day of 2011.CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST:Danielle E: Daskam, City Clerk APPRVED ASTOFORM:niel B, ' ; Attorney Resolution No. 4761 October 10, 2011 Page 2 of 2 RES.E