HomeMy WebLinkAbout09-24-2012 Agenda Pakcet
Planning and Community Development
September 24, 2012 - 5:00 PM
Annex Conference Room 2
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
1. Joint Session with Human Services Committee (Hursh)
Committee to hold a joint session with the Human Services Committee to review
the 2012 plans and activities of the Human Services Committee.
C.Agenda Modifications
II.CONSENT AGENDA
A. Approval of Minutes - September 10, 2012* (Snyder)
III.ACTION
A. Resolution No. 4859* (Faber)
A resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to enter into a contract with Michael McLaughlin to design,
fabricate, and install a Public art piece into the design at the New lea Hill Park.
IV.DISCUSSION ITEMS
A. Downtown Sculpture Gallery Art Selection Recommendations*
(Chamberlain/McKnight)
Review the Downtown Sculpture Gallery sculpture art selections recommended by the
Arts Commission to be displayed as part of the Revolving Downtown Sculpture Gallery
Art program.
B. City Hall Phase 1 Remodel Project Bid Results* (Snyder)
Review of September 20, 2012 bid results for City Hall Phase 1 Remodel Project.
C. Director's Report (Snyder)
D. PCDC Matrix* (Snyder)
V.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at
the City Clerk's Office.
*Denotes attachments included in the agenda packet.
Page 1 of 37
AGENDA BILL APPROVAL FORM
Agenda Subject:
Joint Session with Human Services Committee
Date:
September 17, 2012
Department:
Planning and Development
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
For information only.
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:Hursh
Meeting Date:September 24, 2012 Item Number:AN.1
AUBURN * MORE THAN YOU IMAGINEDAN.1 Page 2 of 37
AGENDA BILL APPROVAL FORM
Agenda Subject:
Approval of Minutes - September 10, 2012
Date:
September 17, 2012
Department:
Planning and Development
Attachments:
Draft minutes - September 10, 2012
Budget Impact:
$0
Administrative Recommendation:
Planning and Community Development Committee to approve the minutes of the
September 10, 2012 Planning and Community Development Committee meeting.
Background Summary:
For information only, see attached minutes.
Reviewed by Council Committees:
Planning And Community Development
Councilmember:Backus Staff:Snyder
Meeting Date:September 24, 2012 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 3 of 37
Planning and Community
Development
September 10, 2012 - 5:00 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chair Nancy Backus called the meeting to order at 5:00 p.m. in Annex
Conference Room 2 located on the second floor of the One Main
Professional Plaza, One East Main Street, Auburn, Washington.
A. Roll Call
Chair Nancy Backus, Vice-Chair Partridge and Member John Holman
were present. Also present were Mayor Pete Lewis, Planning and
Development Director Kevin Snyder; Planning Manager Elizabeth
Chamberlain, Economic Development Manager Doug Lein,Sr. Planner
Hillary Taylor and Planning Support Clerk Bobbie Hodgkinson.
Also present were Robert Whale and Scott Pondelick.
B. Announcements
There were no announcements.
C. Agenda Modifications
II. CONSENT AGENDA
A. PCDC Draft August 27, 2012 Minutes (Snyder)
Vice-Chair Partridge moved and Member Holman seconded to
approve the August 27, 2012 minutes as written.
Motion carried unanimously 3-0.
III. ACTION
There were no action items to discuss.
IV. DISCUSSION ITEMS
A. Wireless Facilities Regulations Update (Taylor)
Discuss the possibility of developing regulations to address aesthetic
design issues for wireless communication facilities.
Sr. Planner Taylor explained the reason for bringing the proposed
regulations to the Committee. There was brief discussion on the
Page 1 of 4
CA.A Page 4 of 37
history of wireless facilities in the City and some of the current
locations of wireless facilities (on church steeples or in bell towers for
example). Sr. Planner Taylor pointed out that a portion of the current
code is obsolete due to changing technology. Member Holman
questioned the old water tower in Lakeland Hills, and as to the "hodge-
podge" of wires and whether these new regulations would address
issues such as this one. Director Snyder answered yes either through
the code or lease agreement with the city since the water tower is city
owner, we have the ability to regulate operations and maintenance.
The enterprise should not interfere with the intent of the structure that
the facility is located on. The Committee agreed to have staff move
forward with taking to the Planning Commission updated regulations.
B. 2012 Comprehensive Plan Process Update (Dixon)
Provide a status update on the 2012 Comprehensive Plan
Aamendment process.
Planning Manager Chamberlain spoke to the Comprehensive Plan
Amendments process and the current status of the updates. She
explained the privately iniated amendements and some of the history
behind the requested changes. After a question from Member Holman
Planning Manager Chamberlain explained that the final staff report will
be brought back before the Committee once the Planning Commission
has held the public hearing and made their recommendation. The
issues of Multifamily zoning were discussed with regard to traffic.
Planning Manager Chamberlain noted that the Economic Development
Strategy Areas that Council has discussed in several of the past
retreats will be an area of focus.
The Public Hearing before the Planning Commission is scheduled on
October 16, 2012. The subject will be brought back to this Committee
after the public hearing.
C. Manufacturing Village Concept (Dixon/Snyder)
Conduct a brainstorming session with the Committee on key elements
and ideas for the Manufacturing Village concept previously discussed
by the City Council during its May 2012 retreat and planned for future
inclusion in the City's Comprehensive Plan.
Director Snyder explained that the concept needs to be dealt with in
conjunction with policies of the comprehensive plan. This will give
clear direction in what Council's vision is and will give clarity to
property owners with property in the Environmental Park District.
Director Snyder asked the Committee to brainstorm their thoughts and
ideas of a manufacturing village. There was continued discussions on
different ideas that Committee members would like to see. Page 2 of 4
CA.A Page 5 of 37
They discussed other cities and countries such as Seatlle and
Portland that have had some success stories around this concept and
how collaboration between the cities and developers have made some
of the success stories possible.
Incentives were discussed to attract people to this type of sustainable
lifestyle. Director Snyder commented that there has to be services in
order to make this concept a success and it takes a long term
committment. The Committee also discussed the industrial area
bounded by 30th STreet to the south, 277th Street to the north,
Auburn Way N to the east and West Valley Highway N to the west.
The Committee was interested in this area as well as a manufacturing
village and requestd that his area be added to the stragey areas of the
comprehensive plan.
This item will be introduced at the Committee of the Whole Meeting
on October 29, 2012.
D. Director's Report (Snyder)
Director Snyder reported that the laundry facility on 15th ST NW has
broken ground. Mayor Lewis announced that a tour for Council would
be planned of the new lake property on West Hill.
E. PCDC Status Matrix (Snyder)
Downtown Parking Management Plan will be brought to the
Committee at the September 24, 2012 meeting. Changed TIP from
Summer\Fall to ongoing. Human Services Committee will meet with
the committee on September 24, 2012 as well.
Mayor announded that there will be a joint City Council meeting at the
City of Black Diamond on October 11, 2012 at 7 p.m. with Maple
Valley, Covington and Black Diamond, Pacific and Algona.
V. EXECUTIVE SESSION
There was no executive session.
VI. ADJOURNMENT
There being no further business to come before the Planning and
Community Development Committee, the meeting was adjourned at 6:35
p.m.
APPROVED THIS __________DAY OF _______________, 2012.
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CA.A Page 6 of 37
_______________________________
Nancy Backus - Chair
________________________________
Darcie Hanson- Administrative and Business Services Manager
Page 4 of 4
CA.A Page 7 of 37
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4859
Date:
September 11, 2012
Department:
Parks/Art and Recreation
Attachments:
Resolution 4859
McLaughlin Contract
Budget Impact:
$30,000
Administrative Recommendation:
City Council approve Resolution 4859.
Background Summary:
Lea Hill Park, located on the hill above the Green River Valley, at the corner of 124th and
316th St SE, is a 5 acre parcel that was acquired as part of a land exchange with Green
River Community College.
The park designed by Susan Black & Associates is currently under construction
and scheduled to open in June of 2013. Lea Hill, as a recently annexed neighborhood,
will benefit greatly from this neighborhood park and we seek to integrate public artwork
into the design.
In the 2012 capital facilities budget, $30,000 is dedicated to the creation of new public
art. The public art committee of the Auburn Arts Commission has selected artist Michael
McLaughlin to develop artwork for the site.
Reviewed by Council Committees:
Municipal Services, Planning And Community Development
Councilmember:Backus Staff:Faber
Meeting Date:September 24, 2012 Item Number:ACT.A
AUBURN * MORE THAN YOU IMAGINEDACT.A Page 8 of 37
- - - - - - -
Resolution No. 4859
September 11, 2012
Page 1
RESOLUTION NO. 4859
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO ENTER INTO A CONTRACT WITH MICHAEL
MCLAUGHLIN TO DESIGN, FABRICATE, AND INSTALL A
PUBLIC ART PIECE INTO THE DESIGN OF THE NEW LEA HILL
PARK
WHEREAS, the City of Auburn is currently designing the new Lea Hill Park; and
WHEREAS, the City desires to contract with Artist Michael McLaughlin to design,
build and install artwork for this site; and
WHEREAS, the art work is to be an design component of the Lea Hill park,
requiring coordination between the Artist and the City’s Landscape Architects..
NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON,
HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn is hereby authorized to enter into an
agreement with Michael McLaughlin to design, fabricate, and install the public art work, in
substantial conformity with the agreement attached hereto and designated as Exhibit “A”,
and incorporated by reference in this resolution.
Section 2. The Mayor is further authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation
Section 3. This resolution shall be in full force and effect upon passage and
signatures hereon.
ACT.A Page 9 of 37
- - - - - - -
Resolution No. 4859
September 11, 2012
Page 2
SIGNED and DATED this ______ day of September, 2012.
CITY OF AUBURN
________________________________
PETER B. LEWIS, MAYOR
ATTEST:
___________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
___________________________
Daniel B. Heid, City Attorney
ACT.A Page 10 of 37
Resolution XXX – Michael McLaughlin
Agreement for Public Art – Lea Hill Park
Page 1 of 6
AGREEMENT FOR ARTWORK
This Agreement is made and entered into this _____ day of Septebmer, 20__, by and between the City of
Auburn, Washington, a municipal corporation of the State of Washington (“City”) and Michael McLaughlin, whose
address is 31 Torrington Heights Road, Torrington, CT 06790, herein referred to as “ARTIST”.
WHEREAS, the City desires to contract with Artist to design, build and install artwork (“Work”) for the Lea
Hill Park; and
WHEREAS, the Artist was selected by the City through a procedure approved by the City of Auburn to design,
execute, fabricate, install or supervise installation of a public artwork, located at the Auburn’s Lea Hill Park, herein
referred to as the “site”.
NOW THEREFORE THE CITY AND THE ARTIST IN CONSIDERATION OF THE CONDITIONS AND
COVENANTS HEREIN DO AGREE AS FOLLOWS:
I. ARTICLE 1. SCOPE OF SERVICE
1.1 GENERAL
The Artist shall, in consultation with the City’s landscape architect, Susan Black & Associates, the
Site project team and the Auburn Parks, Arts & Recreation Staff and Auburn Arts Commission. The
artist is expected to coordinate the design, fabrication and installation with the site project team and
the Auburn Parks, Arts & Recreation and Auburn Arts Commission.
The Artist shall be responsible for all services and shall furnish all supplies, material, and equipment
as necessary for the design, execution, fabrication, transportation and installation of the Work at the
Site.
The Artist shall coordinate the design, fabrication and installation of the Work with Susan Black &
Associates and the contractor selected to construct Lea Hill Park (“Contractor”).
1.2 PROJECT
The Work is divided into two phases: Phase I, related to the Work design proposal and final design
proposal approval by the City; Phase II, related to execution, fabrication, transportation and
installation of Work. Each phase shall have a defined Scope of Work describing the services provided
by the Artist and hence the relative compensation to the Artists.
1.3 EXECUTION OF WORK
The Artist shall approach both Phases of the Work as described above in accordance with the
approved model and/or drawings provided, which will be recommended by the City of Auburn Arts
Commission for approval by the Auburn City Council.
A. The Artist shall provide all labor and materials necessary to:
1. Produce and complete a finished work of art;
2. Deliver the artwork;
3. Install the artwork in accordance with the agreed upon schedule
B. The Artist will seek out regular updates from the City on deadline relevant to the art project.
C. The City shall have the right to review the Work at reasonable times during fabrication
D. The Work shall be completed and installed at the site in compliance with City codes and with
approved Work installation scheduled by the City.
1.4 DELIVERY AND INSTALLATION
A. The Artist shall deliver and install the completed Work at the site in compliance with the
schedule set forth by mutual agreement by the City and the Artist.
B. The City shall approve installation plans presented by the Artist prior to installation
ACT.A Page 11 of 37
Resolution XXX – Michael McLaughlin
Agreement for Public Art – Lea Hill Park
Page 2 of 6
C. Site installation shall be prepared by the City per Artist specifications
D. During installation, the artist shall secure the Site and ensure the safety of the public and the
Work. The City shall determine when installation is complete and shall inspect Site during
installation.
1.5 POST-INSTALLATION
A. The City will provide photo documentation of the Work for City files. The City will provide a
copy of this documentation to the Artist.
B. The Artist shall be available at such time or times as may be agreed between the City and the
Artist to participate any presentation ceremonies relating to the transfer of the Work to the City.
The City shall use its best efforts to arrange for publicity for the completed Work.
C. Upon installation of the Work, the Artist shall provide to the City written instructions for
appropriate maintenance and preservation of the Work.
1.6 FINAL ACCEPTANCE
A. The Artist shall advise the City in writing when all services required have been completed in
substantial conformity as presented to the Public Art Subcommittee.
B. The City shall notify the Artist in writing of its final acceptance of the Work.
1.7 RISK OF LOSS
The risk of loss or damage to the Work shall be borne by the Artist until final acceptance, and the
Artist shall take such measures as are necessary to protect the Work from loss or damage until final
acceptance, including any protective measures necessary to prevent damage to the Work during
construction of the Center.
1.8 INDEMNIFICATION
The Artist agrees to indemnify, defend, and hold the City, its agents, representatives, and employees
harmless from and against any and all claims, causes of action or demands or any form of liability of
any nature arising out of the performance of the Work and the obligations contained in this
Agreement on the part of the Artist, the Artist’s agents, representatives, and employees except where
such claims arise solely from the negligent acts of the City, its agents, representatives, or employees.
1.9 TITLE
Title to the Work shall pass to the City upon final acceptance.
1.10 OWNERSHIP OF DOCUMENTS, MODELS
Upon final acceptance of the Work, all studies, drawings, designs, and models prepared and submitted
under this Agreement shall be returned to the Artist and shall belong to the Artist.
1.11 INSURANCE
The Artist agrees to obtain, and maintain during the term of this agreement comprehensive liability
insurance in minimum amounts of not less than ONE MILLION DOLLARS ($1,000,000) per
occurrence to protect the City, its agents, officers, and employees from any claims by any person for
damage to persons or property arising out of or resulting from the Artist’s performance under this
Agreement. The insurance policy shall name the City OF AUBURN as additionally insured. The
policy shall require a minimum of thirty (30) days prior written notice to the City of any cancellation
or expiration of the policy or any modification of any provisions of the policy. The Artist shall be
required to provide a Certificate of Insurance to the City prior to commencing performance under the
terms of this Agreement.
1.12 INDEPENDENT CONTRACTOR/ASSIGNMENT
The parties agree and understand that the Artist is an independent contractor and not the agent or
employee of the City and that no liability shall attach to the City by reason of entering into this
ACT.A Page 12 of 37
Resolution XXX – Michael McLaughlin
Agreement for Public Art – Lea Hill Park
Page 3 of 6
Agreement except as otherwise provided herein. The parties agree that this Agreement may not be
assigned in whole or in part without the written consent of the City.
ARTICLE 2. COMPENSATION AND PAYMENT SCHEDULE
2.1 FEE
The City shall pay the Artist for satisfactory completion of the artwork in the total fixed amount of
$30,000.00 (thirty thousand and no/100 U.S. Dollars) which shall constitute full compensation for all
services, engineering permits and materials to be performed and furnished by the Artist under this
Agreement. All fees shall be paid in accordance with standard City business practices. At each
fee/fabrication Phase outlined above, the Artist will submit a brief written report, which describes the
progress to date, and invoice the City at that time.
2.2 PAYMENT
The first payment of 1/3 of $30,000. ($10,000.00) will be paid by the City to the Artist upon signing
this Agreement. The second payment of 1/3 of $30,000 ($10,000.00) will be paid by the City to the
Artist upon completion of and approval of final design drawings. The final payment of the remaining
1/3 of $30,000 ($10,000.00) shall be made to Artist no later than ten (10) days after the delivery and
installation as specified in this Agreement by Artist.
2.2 TAXES
The Artist is responsible for payment of all local, state, and federal taxes, which may be due from the
Work as a result of performance under this contract. Artist understand that taxes are included in the
agreed upon fee set forth in Article 2.1.
2.3 ARTIST EXPENSES
The Artist shall be responsible for the payment of all shipping charges, the costs of transporting the
Work to the Site, the costs of all travel by the Artist and the Artist’s agents and employees necessary
for the proper performance of the services required under this Agreement, and all other expenses
related to the performance of this Agreement.
ARTICLE 3. TIME OF PERFORMANCE
3.1 DURATION
The services to be required of the Artist shall be completed in accordance with the schedule for
completion of the Lea Hill Park as established by Susan Black & Associates. Construction is
anticipated occur Spring 2014.
ARTICLE 4. WARRANTIES
4.1 WARRANTIES OF TITLE
The Artist represents and warrants that: (a) the Work is solely the result of the Artistic effort of the
Artist; (b) except as otherwise disclosed in writing to the City, the Work is unique and original and does
not infringe upon any copyright; (c) the Work has not, or a duplicate thereof has not, been accepted for
sale elsewhere; and (d) the Work is free and clear of any liens from any source whatever.
4.2 WARRANTIES OF QUALITY AND CONDITION
The Artist represents and warrants, except as otherwise disclosed to the City in writing and in
connection with submission of the Proposal, that the execution and fabrication of the Work will be
performed in a workmanlike manner; and the Work as fabricated and installed, will be free of defects
in material and workmanship; and reasonable maintenance of the Work will not require procedures
substantially in excess of those described in the maintenance recommendations to be submitted by the
Artist. The warranties described in this section shall survive for a period of three (3) years after the
final acceptance of the Work. The City shall give notice to the Artist of any observed breach with
reasonable promptness. The Artist shall, at the request of the City, and at no cost to the City, cure
ACT.A Page 13 of 37
Resolution XXX – Michael McLaughlin
Agreement for Public Art – Lea Hill Park
Page 4 of 6
reasonably and promptly the breach of any such warranty which is curable by the Artist and which
cure is consistent with professional conservation standards.
ARTICLE 5. REPRODUCTION RIGHTS
5.1 GENERAL
The Artist retains all rights under the Copyright Act of 1976 and all other rights in and to the Work
except ownership and possession and except as such rights are limited by this Section. In view of the
intention that the Work in its final dimension shall be unique, the Artist shall not make any additional
exact duplicate, three-dimensional reproductions of the final Work nor shall the Artist grant
permission to others to do so except with the written permission of the City. The Artist grants to the
City and its assigns an irrevocable license to make representative photographic reproductions of the
Work for non-commercial purposes, including but not limited to reproductions used in brochures,
media publicity, note cards, and catalogues or other similar publications, provided that these rights are
exercised in a manner which depicts the integrity of the Work.
5.2 NOTICE
All reproductions by the City shall contain a credit to the Artist in the following form: “Title,”
“year”, “Artist”.
5.3 CREDIT TO THE CITY
The Artist shall use his best efforts to give a credit reading substantially, “An original Work owned
and commissioned by the City of Auburn, Washington” in any public showing under the Artist’
control of the reproductions of the Work.
ARTICLE 6. ARTIST’S RIGHTS
6.1 IDENTIFICATION
The City will provide a plaque(s) to be delivered to the Artist prior to installation. The Artist shall
provide to the City, for review and approval, specified plaque dimensions six (6) weeks prior to the
installation. The plaque identifying the work as outlined in Article 5.2 shall be installed by the City.
6.2 MAINTENANCE
The City recognizes that maintenance of the Work on a regular basis is essential to the integrity of the
Work. The City shall make reasonable efforts to assure that the Work is properly maintained and
protected, taking into account the instructions of the Artist provided in the maintenance agreement
and shall make reasonable efforts to protect and maintain the Work against the ravages of time,
vandalism, and the elements.
6.3 REPAIRS AND RESTORATION
The City shall have the right to determine when and if repairs and restorations to the Work will be
made. The Artist shall not unreasonably withhold approval for any repair or restoration of the Work.
If the Artist unreasonably fails to approve any repair or restoration, the City shall have the right to
make such repair or restoration.
6.4 DEACCESSIONING OF THE WORK
In the circumstance where a commissioned artwork is physically part of the building or landscape and
it is not an independent object(s) that can be safely removed, the City may require the Artist to waive
VARA (Visual Artists Rights Act of 1990) in regards only to the destruction of the artwork. Prior to
the destruction of the artwork, the City will attempt to contact the Artist and secure the situation. In
the event that the remodeling of the building or landscape destroys part of the artwork, the City will
de-access the artwork and, at the request of the Artist, remove any attribution to the Artist. The City
reserves the right to
de-access artwork under the following conditions:
ACT.A Page 14 of 37
Resolution XXX – Michael McLaughlin
Agreement for Public Art – Lea Hill Park
Page 5 of 6
A. The Site or landscape is structurally or otherwise altered and can no longer accommodate the
Work,
B. The portion of the Site or landscape in which the Work is located is made publicly
inaccessible as a result of new construction, demolition, or security enhancement, or has its
surrounding environment altered in a way that significantly and adversely impacts the Work.
C. The Site is sold or acquired by an entity other than City of Auburn.
D. There is a documented history of incident(s) that shows the Work is a threat to public safety.
6.5 PERMANENT RECORD
The City shall maintain on permanent file a record of this Agreement and of the location and
disposition of the Work.
6.6 ARTIST ADDRESS
The Artist shall notify the City of changes in his/her address. The failure to do so within 30 days of
said change, if such failure prevents the City from locating or notifying the Artist where required
under the terms of this Agreement, shall be deemed a waiver by the Artist of the right subsequently to
enforce those provisions of this Article 6 that require the express approval of the Artist.
ARTICLE 7. NON-DISCRIMINATION
The Artist shall comply with all federal, state, and local laws and ordinances prohibiting discrimination and
employment with regard to age, sex, race, color, creed, national origin, or physical, mental handicap.
ARTICLE 8. NOTICES
Any notice required or permitted under this Agreement may be personally served or given in writing and shall
be deemed sufficiently given or served if sent by registered or certified mail addressed to the respective parties
as follows
Auburn Arts Commission
City of Auburn
Parks, Arts & Recreation
910 Ninth Street SE
Auburn, WA 98002
Telephone” 253-931-3043
Michael McLaughlin
31 Torrington Heights Rd
Torrington, CT 06790
860-626-1123
contact@mjmsculpture.com
www.mjmsculpture.com
Either party may, by like notice at any time, designate a different address to which notices shall be sent.
Notice in accordance with these provisions shall be deemed received when mailed.
ARTICLE 9. TERMINATION
Either party may terminate this Agreement upon written notice to the other party if the other party fails
substantially to perform in accordance with the terms of this Agreement through no fault of the party
terminating the Agreement.
In the event of default by the City, the City shall promptly compensate the Artist for all services performed by
the Artist prior to termination. In the event of default by the Artist, all finished and unfinished drawings,
sketches, photographs, models, and other work products under this Agreement shall become the City’s
property. The City shall compensate the Artist for all work as performed prior to termination.
Notwithstanding, the Artist shall not be relieved of liability to the City for damages sustained by the City by
virtue of any breach of this Agreement by the Artist and the City may reasonably withhold payments to the
Artist until such time as the exact amount of such damages due the City from the Artist is determined.
ACT.A Page 15 of 37
Resolution XXX – Michael McLaughlin
Agreement for Public Art – Lea Hill Park
Page 6 of 6
ARTICLE 10. GENERAL PROVISIONS
10.1 ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties and may not be changed or
modified nor any provision hereof waived except in writing agreed to by both parties.
10.2 APPLICABLE LAW
This Agreement and the rights of the parties hereunder shall be governed by the interpreted in
accordance with the laws of the State of Washington and venue for any action hereunder shall be in
King County, Washington. This Agreement shall be construed in accordance with any and all
questions with respect hereto shall be determined by the laws of the State of Washington.
10.3 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 shall be entitled to receive its reasonable costs
and attorney’s fees.
10.4 COMPLIANCE WITH APPLICABLE LAWS
In the performance of the Work, the Artist agrees to comply with all applicable state and local laws,
rules, and regulations.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
ARTIST
______________________________________
Michael McLaughlin
Tax #:___________________________
ACT.A Page 16 of 37
AGENDA BILL APPROVAL FORM
Agenda Subject:
Downtown Sculpture Gallery Art Selection
Recommendations
Date:
September 17, 2012
Department:
Planning and Development
Attachments:
Memorandum
Attachment A - Artist Selection Preview
Attachement B - Call to Artists
Publication
Attachment C - Downtown Sculpture
Gallery Pedistal Locations
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Councilmember:Backus Staff:Chamberlain/McKnight
Meeting Date:September 24, 2012 Item Number:DI.A
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 17 of 37
MEMORANDUM
TO: Councilmember Nancy Backus, Chair, Planning and Community Development
Committee
Councilmember John Partridge, Vice Chair, Planning and Community
Development Committee
Councilmember John Holman, Planning and Community Development
Committee
FROM: Elizabeth Chamberlain, AICP, Planning Manager
Maija McKnight, Visual and Public Arts Coordinator
CC: Kevin Snyder, AICP, Planning and Development Director
DATE: September 17, 2012
RE: Downtown Sculpture Gallery Art Selection Recommendations
Background and Discussion
The City is constructing seven pedestals (see attached map) within Downtown Auburn for
placement of sculpture art. The sculpture art will be displayed on a temporary basis for
one year then another round of artist selection will take place. The funding to construct
the pedestals is through Local Revitalization Funding and the funding for the sculpture art
is through 4-Culture Sustained Support.
A Call to Artists was issued on July 23, 2012 for submittal of up to 3 different sculpture
pieces per artist meeting the City’s design specifications (size and weight). The City
received submittals from 17 artists with a total of 30 sculpture pieces.
On September 12, 2012, the City’s Arts Commission met to review the sculpture
submittals and select seven sculpture pieces as a recommendation to the City’s Planning
and Community Development Committee. The Arts Commission’s selection process was
as follows:
• Reviewed each sculpture piece
• Eliminated the sculptures that were not already constructed as those pieces did
meet the submittal criteria
• No more than one sculpture piece per artist was selected
• A variety of sizes and medium used
Attached to this memorandum are the Arts Commission’s recommended sculpture pieces
for consideration by the Planning and Community Development Committee.
DI.A Page 18 of 37
At the September 24, 2012 Planning and Community Development Committee meeting,
staff will review the seven selected sculpture pieces and look for the Committee’s
feedback and concurrence on the Art’s Commission’s recommendation.
Attachments:
Attachment A – Artist Selection Preview
Attachment B – Call to Artists Publication
Attachment C – Downtown Sculpture Gallery Pedestal Locations
DI.A Page 19 of 37
City of Auburn Attachment A
Outdoor Sculpture Gallery -- Proposed Artwork for display (September 2012)
The Arts Commission are recommending the following artworks for display in the inaugural year of the Outdoor
Sculpture Gallery. A call-to-artists was widely distributed which 17 artists submitted 29 sculptures for consideration; the
following seven were selected as part of a panel.
Carapace Arts – Sara Ybarra Lopez
Title: Turtle Island Puget Sound
Material and Installation:
Bronze. A pedestal will be built to have this
small-scale artwork at viewing height.
Dimensions:
Turtle 9”h x 29” x 17” on steel oval 2”h x 35” x
23”
Nicky Falkenhayn
Title: House with Round Windows
Material and Installation:
Cor-ten Steel (exterior) stainless steel and
sealed 23K gold leaf (interior)
Dimensions:
H: 96”, W:10”, D:10”
A stainless steel ball bearing makes it spin very
easily on its own axis. When turned the House
will get a very different look from each side.
DI.A Page 20 of 37
City of Auburn
Outdoor Sculpture Gallery -- Proposed Artwork for display (September 2012)
Ken Hall
Title: Chakra
Material and Installation:
Pierced and folded 5/16th inch steel plate with
a fabricated steel base.
Dimensions:
W/Base 10’ 6”. By itself 64” x 46”. Base is 17”
square at the bottom, 9” square at the top,
and is 62” tall.
This artwork as shown will be finished with the
base (pedestal) with a rust patina and the
“Chakra” will be sandblasted and ground to a
shiny finish and powder coated clear.
Dan Klennert
Title: Road Runner
Artist description: “I do not form my shapes, I
find shapes to create my form”
Dimensions:
67" tall x 72" long x 24" wide
Lin Rebolini McJunkin
Title: Riparian Totem
Material and Installation:
Fused glass, steel
Dimensions:
6’ x 6” x 2”
Other Notes:
Three similar strands of grass will be arranged
on one pad: 4.5’ x 4” x 2”, 3’ x 3” x 2”.
DI.A Page 21 of 37
City of Auburn
Outdoor Sculpture Gallery -- Proposed Artwork for display (September 2012)
Leo E. Osborne
Title: Eagle Song
Material and Installation: Bronze. A pedestal
will be built to have this small-scale artwork at
viewing height.
Dimensions:
21 x 5 x 12
Kris Vermeer
Title: Tree of Life
Material and Installation:
Fabricated steel.
Dimensions:
7’ 5” tall, 4’ across at the widest, 2’ at base
DI.A Page 22 of 37
1 of 7
City of Auburn
Downtown Sculpture Gallery
The City of Auburn invites sculptors to submit proposals for Auburn’s inaugural year of a
Downtown Sculpture Gallery. The works selected for this public art exhibition will be on
loan to the City for a period of one (1) year and can be available for sale during that
time.
As an new City initiative, the Downtown Sculpture Gallery is one of many arts projects
occurring in Auburn’s historic downtown. Each artist will receive a $1000 stipend and
at the conclusion of the exhibition a work or works from the exhibition may be
purchased for inclusion in the City of Auburn’s permanent collection. Purchase budget is
$10,000. Application deadline is August 28, 2012.
Project Details
City of Auburn is pleased to announce the inaugural year of an outdoor sculpture gallery
that will have sculpture installed on the sidewalks throughout the historic downtown.
Public art continues to be an integral part of the exciting renewal efforts on Main Street
and underscores the critical role that artists and public art play in the revitalization of
Auburn’s urban core. In this inaugural year, the sculptures will be located on Main
Street and in future years the City will look towards expanding this program throughout
downtown.
1. Artwork Specifications
Works may be in any media and must be durable, suitable for outdoors and able to
withstand the elements as well as interaction with pedestrians and the general public.
Works may be functional or non-functional.
Pedestals
Artwork can either be welded onto or bolted onto a stainless steel plate that is
attached to a concrete pad permanently secured in the sidewalk. See pages 4-6
for detailed diagram of the pedestals. The pedestals have been fabricated and
installed by the City of Auburn as part of the streetscape and are not part of the
responsibility of the artist.
Design Parameters
When submitting a sculpture or proposal for consideration, please make sure the
work conforms to the following specifications also outlined on pages 4-6 of this
document. The artwork must not weigh more than 5,000 pounds, artwork must
not exceed the dimensions of 3’ L x 3’ W x 12’ H
2. Duration of Installation
DI.A Page 23 of 37
2 of 7
The selected sculpture will be on view for 12 months from October 2012 – October
2013.
3. Stipend
The artist will be awarded a $1,000 artwork loan contract. The artist is responsible for
transportation and installation and decommissioning of the artwork. The City of Auburn
will provide signage to identify the artwork and will be featured on the City of Auburn’s
website and included in a promotional brochure.
9. Purchases
At the conclusion of the exhibition, the selection committee may select a work or works
to be purchased for inclusion in the City of Auburn’s permanent collection. A budget of
$10,000 has been set aside for this purpose. No commission will be taken from artwork
sold.
4. Submission Deadline
Applications must be delivered by mail, by hand, or electronically by August 28, 4 pm.
The application can also be downloaded at http//:www.auburnwa.gov/arts
The work should consider the following:
o Be made of the highest quality materials that hold up in a variety of outdoor
conditions
o Demonstrate structural soundness, safety and stability for an unsupervised
general audience
o Be guaranteed against defects and deterioration
o Fit into a downtown setting
o Attach to existing concrete pad
5. Eligibility
Open to work by professional artists or artist teams living or working in the Pacific
Northwest (Washington, Oregon, Idaho, California and Montana). Applicant may submit
up to three sculptures for consideration
6. Artist Responsibility
o Artist is responsible for transporting artwork to and from the installation site;
o Artist must be able to demonstrate the selected artwork will be sound, safe,
suitable for exhibition in the public realm, and meet all Artwork Specifications
outlined
o Artist will be responsible for maintenance and repairs to artwork during
duration of the exhibition;
o Artist is responsible for complying with terms set forth in this RFP will be
required to sign a loan agreement with the City of Auburn.
7. Timeline
July 2012………………….…..…Announcement of Call to Artists
August 28, 4 pm …………………….….Application Deadline
DI.A Page 24 of 37
3 of 7
September 12…………….......…Review proposals and notify artists
September 28 – October 5…..…Installation of Sculptures
10. Artist selection process and criteria
A selection panel including representatives from the Arts Commission, City of Auburn,
and downtown business owners will review the submitted proposals. The panel will use
the following criteria in the selection process:
o Submission of all required application materials
o Artistic excellence including technical competency
o Suitability for the site including aesthetic content and pubic safety
o Durability, able to withstand weather and interaction in a highly public area, and
maintenance free for the duration of the exhibition.
APPLICATION GUIDELINES
All applications must include one copy of the following:
• Completed and signed application form
• Artist’s statement
• Current resume (two page limit)
• Digital images of the sculptures being submitted for consideration
o Three sculptures can be submitted for consideration
o Digital images per sculpture, maximum 5 minimum 3.
o .jpg files, no larger than 1MB
o .jpg files should be saved “Lastname_artworktitle1.jpg”,
“lastname_artworktitle2.jpg” etc.
• Annotated list of digital images submitted with title, materials, selling price, any
other information of note, specifications of installation information
• Multiple emails can be sent with application materials, but .zip files are not
accepted and 20 MB size limit.
Please do not submit paper materials in plastic covers, binders or folders. Use only
paper clips to bind your materials.
Applications must be received by mail, hand or electronically by August 28, 2012 at
4 pm.
If submitting by mail, send application packets to:
Public Art/Sculpture Gallery
City of Auburn, Parks, Art and Recreation
910 Ninth Street SE
Auburn WA 98002
If submitted digitally, email all materials to: calltoartists@auburnwa.gov
Inquiries can be directed to Maija McKnight, Arts Coordinator,
mmcknight@auburnwa.gov, 253-931-3043
DI.A Page 25 of 37
4 of 7
City of Auburn: Artwork Design Parameters Diagram
When submitting a sculpture for consideration, please make sure that the work
conforms to the following specifications detailed in the diagram below.
Artwork must not weigh more than 5000 lbs.
Artwork must not exceed the dimensions of
3’ 8” From base of sculpture (not pedestal) to 7’ in height
5’ max width from 7’ to 12’ from the base of the sculpture (not pedestal)
DI.A Page 26 of 37
5 of 7
City of Auburn: Pedestal Diagram
Artwork can be either welded onto or bolted onto a steel plate that is attached to a
concrete pad permanently secured in the sidewalk. The pedestals have be fabricated
and installed by the City of Auburn as part of the streetscape and is not the
responsibility of the artist.
DI.A Page 27 of 37
6 of 7
DI.A Page 28 of 37
7 of 7
APPLICATION FORM: City of Auburn Call to Artists
Outdoor Sculpture Gallery
Please complete this form and include it with all of the required application materials
Applicant’s Name:__________________________________________________
Mailing Address:____________________________________________________
City:_________________________ State: __________ Zip/Postal Code:___________
Phone:_______________________________
Email:________________________________
Website (optional):______________________
I understand and agree to all the terms of this Call to Artists
_______________________________________ ____________________
Signature Date
Application includes
Completed and signed application form
Artist’s statement
Current resume (two page limit)
Digital images of the (up to 3) sculptures being submitted for consideration
Annotated list of digital images submitted with title, materials, selling price, any other
information of note, specifications of installation information
Applications must be received by mail, hand or electronically by Tuesday, August 28,
2012, 4 pm.
If submitting by mail, send application packets to:
Public Art/Sculpture Gallery
City of Auburn, Parks, Art and Recreation
910 Ninth Street SE
Auburn WA 98002
If submitted digitally, email all materials to: calltoartists@auburnwa.gov
Inquiries can be directed to Maija McKnight, Arts Coordinator,
mmcknight@auburnwa.gov, 253-931-3043
DI.A Page 29 of 37
Downtown Auburn
Outdoor Sculpture Gallery
Revised Locations
As of 7/2/2012
*6
*7
*3
*2
*1
*4
*5
DI.A Page 30 of 37
AGENDA BILL APPROVAL FORM
Agenda Subject:
City Hall Phase 1 Remodel Project Bid Results
Date:
September 18, 2012
Department:
Planning and Development
Attachments:
Memorandum
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
Please see attached memorandum. Please note that bid results information will be
provided to the Committee at the meeting.
Reviewed by Council Committees:
Municipal Services Other: Planning
Councilmember:Backus Staff:Snyder
Meeting Date:September 24, 2012 Item Number:DI.B
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 31 of 37
Memorandum
TO: Deputy Mayor Nancy Backus, Chair, Planning and Community Development Committee
Councilmember John Partridge, Vice-Chair, Planning and Community Development Committee
Councilmember John Holman, Planning and Community Development Committee
CC: Mayor Lewis
FROM: Kevin Snyder, AICP, Director, Planning & Development Department
DATE: September 18, 2012
SUBJECT: DISCUSSION & INFORMATION: City Hall Phase I Project Bid Results
The bid opening for the City Hall Phase 1 Project is scheduled to occur on September 20, 2012. Per Mayor
Lewis’ request, staff will present the bid results at the Committee’s September 24, 2012 meeting. Because the
bid opening will occur after the submittal deadline for the Committee’s meeting packet, staff will provide the bid
results information at the September 24, 2012 meeting.
DI.B Page 32 of 37
AGENDA BILL APPROVAL FORM
Agenda Subject:
Director's Report
Date:
September 17, 2012
Department:
Planning and Development
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
For information only.
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:Snyder
Meeting Date:September 24, 2012 Item Number:DI.C
AUBURN * MORE THAN YOU IMAGINEDDI.C Page 33 of 37
AGENDA BILL APPROVAL FORM
Agenda Subject:
PCDC Matrix
Date:
September 18, 2012
Department:
Planning and Development
Attachments:
PCDC Matrix
Budget Impact:
$0
Administrative Recommendation:
For discussion only, see attached matrix.
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:Snyder
Meeting Date:September 24, 2012 Item Number:DI.D
AUBURN * MORE THAN YOU IMAGINEDDI.D Page 34 of 37
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a
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e
I
I
a
c
q
u
i
s
ition opportunities.
7
G
r
e
e
n
Z
o
n
e
S
u
m
m
i
t
2
0
1
2
Sn
y
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r
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r
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f
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u
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b
a
s
e
d
o
n
C
o
m
m
i
t
t
e
e
f
e
edback at 9/10/12 meeting.
8
Gr
e
e
n
Z
o
n
e
B
u
s
i
n
e
s
s
Pl
a
n
/
M
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20
1
2
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b
a
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d
o
n
C
o
m
m
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t
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e
e
f
e
edback at 9/10/12 meeting.
PA
R
K
S
,
A
R
T
S
&
R
E
C
R
E
A
T
I
O
N
9
L
e
a
H
i
l
l
/
G
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n
R
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r
C
C
P
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a
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Un
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.
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e
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r
a
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C
o
n
s
t
r
u
c
t
i
o
n
a
n
t
i
c
i
p
a
t
ed to be completed in
De
c
e
m
b
e
r
w
i
t
h
C
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t
y
I
m
p
r
o
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s
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d
u
l
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d
t
h
r
o
u
g
h
M
ay. Park to open in
Ju
n
e
o
f
2
0
1
3
.
CO
M
M
U
N
I
T
Y
S
E
R
V
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C
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S
D
I
V
I
S
I
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N
10
B
u
i
l
d
i
n
g
C
o
m
m
u
n
i
t
y
TB
D
Hu
r
s
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PC
D
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q
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d
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p
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a
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e
a
t
a
f
u
t
u
r
e
m
e
e
t
i
n
g
;
b
r
i
e
f
i
n
g
to be scheduled.
11
H
u
m
a
n
S
e
r
v
i
c
e
s
C
e
n
t
e
r
O
n
g
o
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g
H
u
r
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h
U
p
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a
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p
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v
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e
d
a
s
n
e
e
d
e
d
o
r
r
e
q
u
e
s
t
e
d
.
12
Un
i
f
y
c
o
m
m
u
n
i
t
i
e
s
t
h
r
o
u
g
h
ce
n
t
r
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d
c
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m
u
n
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c
a
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n
a
n
d
ou
t
r
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a
c
h
20
1
2
H
u
r
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h
C
o
m
m
u
n
i
t
y
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e
r
v
i
c
e
s
t
o
g
i
v
e
a
n
n
u
a
l
u
p
d
a
t
e
s.
BO
A
R
D
S
,
C
O
M
M
I
S
S
I
O
N
S
&
H
E
A
R
I
N
G
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X
A
M
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N
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R
13
A
r
t
s
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n
No
v
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m
b
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r
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2
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b
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r
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o
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1
4
/
1
1
w
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t
h
P
C
D
C
.
DI.D Page 36 of 37
Se
p
t
e
m
b
e
r
2
4
,
2
0
1
2
Page 3
To
p
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c
/
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s
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x
t
o
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P
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a
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a
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Co
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s
14
H
u
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p
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m
b
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r
2
4
,
2
0
1
2
.
15
H
e
a
r
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x
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m
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/
2
4
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1
1
m
e
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t
i
n
g
f
o
r
a
n
n
u
al briefing with the
Co
m
m
i
t
t
e
e
.
16
P
a
r
k
s
&
R
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c
r
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a
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o
n
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a
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6
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1
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w
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P
C
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C
.
17
P
l
a
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n
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a
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d
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/
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a
m
b
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a
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Jo
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t
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e
t
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n
g
h
e
l
d
J
u
l
y
2
3
,
2
0
1
2
.
C
o
m
m
i
t
t
e
e
w
i
l
l
h
old a joint meeting every six
mo
n
t
h
s
w
i
t
h
P
l
a
n
n
i
n
g
C
o
m
m
i
s
s
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o
n
.
18
T
r
a
n
s
p
o
r
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a
t
i
o
n
,
T
r
a
n
s
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,
a
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2
0
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A
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c
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d
5
/
2
3
/
1
2
w
i
t
h
P
C
D
C
.
19
U
r
b
a
n
T
r
e
e
B
o
a
r
d
T
B
D
F
a
b
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d
6
/
1
3
/
1
1
w
i
t
h
P
C
D
C
.
CA
P
I
T
A
L
F
A
C
I
L
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P
L
A
N
N
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G
(
L
o
n
g
R
a
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g
e
P
l
a
n
n
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n
g
)
20
Tr
a
n
s
p
o
r
t
a
t
i
o
n
P
l
a
n
n
i
n
g
Sc
o
p
e
:
L
o
n
g
-
t
e
r
m
p
l
a
n
n
i
n
g
f
o
r
th
e
i
n
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e
r
r
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l
a
t
i
o
n
s
h
i
p
b
e
t
w
e
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n
la
n
d
u
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e
a
n
d
t
r
a
n
s
p
o
r
t
a
t
i
o
n
in
f
r
a
s
t
r
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c
t
u
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On
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g
o
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n
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P
a
r
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Co
m
p
r
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h
e
n
s
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T
r
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n
s
p
o
r
t
a
t
i
o
n
U
p
d
a
t
e
a
d
o
p
t
e
d
b
y
C
i
t
y
Council in 2009.
Up
d
a
t
e
d
a
n
n
u
a
l
l
y
a
s
n
e
e
d
e
d
a
s
p
a
r
t
o
f
c
o
m
p
r
e
h
e
n
s
i
v
e
plan update process.
21
Tr
a
n
s
p
o
r
t
a
t
i
o
n
I
m
p
r
o
v
e
m
e
n
t
Pr
o
g
r
a
m
(
T
I
P
)
Sc
o
p
e
:
6
-
y
e
a
r
t
r
a
n
s
p
o
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a
t
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o
n
im
p
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v
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m
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t
p
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r
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up
d
a
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d
a
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n
u
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l
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d
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n
t
i
f
y
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n
g
tr
a
n
s
p
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a
p
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pr
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c
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s
20
1
3
Pa
r
a
Re
v
i
e
w
o
f
t
h
e
2
0
1
3
-
2
0
1
8
T
r
a
n
s
p
o
r
t
a
t
i
o
n
I
m
p
r
o
v
e
m
e
n
t
Program (TIP) has been
co
m
p
l
e
t
e
d
b
y
t
h
e
P
C
D
C
.
C
i
t
y
C
o
u
n
c
i
l
t
o
o
k
a
c
t
i
o
n
o
n
the 2013-2018
Tr
a
n
s
p
o
r
t
a
t
i
o
n
I
m
p
r
o
v
e
m
e
n
t
P
r
o
g
r
a
m
(
T
I
P
)
a
t
t
h
e
9
/
1
7/12 City Council meeting.
22
Ca
p
i
t
a
l
I
m
p
r
o
v
e
m
e
n
t
P
l
a
n
s
(
C
I
P
)
Sc
o
p
e
:
6
-
y
e
a
r
c
a
p
i
t
a
l
im
p
r
o
v
e
m
e
n
t
f
i
n
a
n
c
i
a
l
p
l
a
n
n
i
n
g
fo
r
s
e
w
e
r
,
w
a
t
e
r
,
s
t
o
r
m
w
a
t
e
r
an
d
s
t
r
e
e
t
s
.
On
-
g
o
i
n
g
F
i
n
a
n
c
e
U
p
d
a
t
e
d
a
n
n
u
a
l
l
y
a
s
n
e
e
d
e
d
a
s
p
a
r
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o
f
c
o
m
p
r
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h
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n
s
i
v
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p
l
a
n
u
p
d
a
t
e
p
r
o
c
e
s
s
.
OT
H
E
R
23
E
c
o
n
o
m
i
c
D
e
v
e
l
o
p
m
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d
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d
e
d
.
DI.D Page 37 of 37