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Home My WebLink About12-03-2012 COUNCIL AGENDA City Council Meeting December 3, 2012 - 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. Presentation by Department Directors on Impact of Potential Annexation of City of Pacific* D.Agenda Modifications II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A.Public Hearings No public hearing is 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 are reminded to sign in on the form provided. C.Correspondence There is no correspondence for Council review. III.COUNCIL COMMITTEE REPORTS A.Municipal Services 1. November 26, 2012 Minutes* (Peloza) B.Planning & Community Development 1. November 26, 2012 Minutes* (Backus) C.Public Works 1. November 19, 2012 Minutes* (Wagner) D.Finance 1. November 19, 2012 Minutes* (Partridge) E.Les Gove Community Campus F.Council Operations Committee Page 1 of 196 IV.CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. November 19, 2012 Regular Meeting Minutes* B. Claims Vouchers (Partridge/Coleman) Claims check numbers 418646 through 418927 in the amount of $1,374,500.86 and dated December 3, 2012. C. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 533388 through 533461 in the amount of $328,593.97 and electronic deposit transmissions in the amount of $1,230,710.73 for a grand total of $1,559,304.70 for the period covering November 15-28, 2012 D. Public Works Project No. CP1211* (Wagner/Dowdy) City Council approve Final Pay Estimate No. 2 to Small Works Contract No. 12-12 in the amount of $0.00 and accept construction of Project No. CP1211 Downtown Sculpture Garden E. Public Works Project No. CP1224* (Wagner/Dowdy) City Council grant permission to enter into Consultant Agreement No. AG-C-428 with Jacobs Engineering Group, Inc. for Engineering Services for Project No. CP1224, 2013 Local Street Pavement Reconstruction Project (ACTION REQUESTED: City Council approve the Consent Agenda.) V.UNFINISHED BUSINESS There is no unfinished business. VI.NEW BUSINESS There is no new business. VII.ORDINANCES A. Ordinance No. 6421* (Partridge/Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 6339, the 2011-2012 Biennial Budget Ordinance as amended by Ordinance No. 6351, Ordinance No. 6352, Ordinance No. 6362, Ordinance No. 6370, Ordinance No. 6378, Ordinance No. 6379, Ordinance No. 6400, and Ordinance No. 6410, authorizing amendment to the City of Auburn 2011-2012 Budget as set forth in schedule "A" and schedule "B" (ACTION REQUESTED: City Council adopt Ordinance No. 6421.) B. Ordinance No. 6432* (Partridge/Coleman) An Ordinance of the City Council of the City of Auburn, Washington, adopting the 2013-2014 Biennial Budget for the City of Auburn, Washington (ACTION REQUESTED: City Council adopt Ordinance No. 6432.) Page 2 of 196 C. Ordinance No. 6443* (Backus/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, approving the request of Kathy Cruze for a rezone from R-7 Residential 7 du/acre to RO Residential Office to implement the Comprehensive Plan and amending the City's zoning maps accordingly (ACTION REQUESTED: City Council adopt Ordinance No. 6443.) VIII.RESOLUTIONS A. Resolution No. 4873* (Partridge/Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and the City Clerk to execute an agreement for services between the City of Auburn and the Auburn Area Chamber of Commerce to operate a visitor information center, promote tourism awareness within the City and to provide services associated with supporting the City's economic development efforts (ACTION REQUESTED: City Council adopt Resolution No. 4873.) B. Resolution No. 4879* (Partridge/Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a contract with Washington Advocates, LLC, for consulting services (ACTION REQUESTED: City Council adopt Resolution No. 4879.) C. Resolution No. 4884* (Peloza/Lee) A Resolution of the City Council of the City of Auburn, Washington, authorizing the conversion to, and sale of Auburn Police Canine Henk as surplus property of the City of Auburn (ACTION REQUESTED: City Council adopt Resolution No. 4884.) D. Resolution No. 4885* (Partridge/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, declaring certain items of property as surplus and authorizing their disposal (ACTION REQUESTED: City Council adopt Resolution No. 4885.) IX. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council B. From the Mayor 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 available for review Page 3 of 196 at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 4 of 196 AGENDA BILL APPROVAL FORM Agenda Subject: Presentation by Department Directors on Impact of Potential Annexation of City of Pacific Date: November 28, 2012 Department: Administration Attachments: Finance Director Comments City Attorney Comments Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:December 3, 2012 Item Number:AN.1 AUBURN * MORE THAN YOU IMAGINEDAN.1 Page 5 of 196 cmroF -.*, i* * Interoftice Memorandum T T • ` n n ¢ 1`1 . . @ WASHINGTON i To: Pete Lewis, Meyor I From: Shelley Cofeman,Finance Direetor I CC:i Date: November 8,2012 i Re: City of Pacific I have revlewed the City of Paafids(COP)2092 budget. This discussioNanelysis is provided at a high level and is compared to City af Aubum(COA)for general fund revenue and aiy wide program e enseJspending per capits. This method of ovetview gives insigM into program/level of service provided by each city. Additionally, I see the COP living within ks means with modest reserves and is not overextended wfth debt. Cltv Fund Structure: Attachmerit #1.The City has 26.funds including the generei fund, speoial revenue funds, LID debt servke funds, capffal proJects funds,four uNlities and a very small equipmer reaerve fund. The 2012 budget, including fund balance, is approximately 19,530,000 with the general fund comprising$3,762,000 of the total. 2012 baginnir Tund balance all funds was$4,870,800 with$697,850 belonging to the general fund. Revenue: General fund revenue for 2012 ts $3,063,245 and total fund revenue is 11,573,900. The aftached Schedule shows general fund revenue by type and per capita. For comparison purposes I have provided the same analysis for Auburn. Attachment#2 Overatl general fund revenue per capita in COP is$435 compared to$782 in COA. The COP has a B&O business tax on gross business fncome that generates approximate 300,000 annuaily or$45 per capita. This tax would not continue to be coilected if there is an annexation. However, the property tax levy at Aubum's currerrt rate would generate about$280,000. ThIs levy virould not occur until the 2014 coltection year as the 2013 levy wiil be set this month. i i aage as i AN.1 Page 6 of 196 Debt; As of 12/31/2011, the total COP debt is about$2,500,000 and inciudes $176,000 of compensated absencss. The majority bf the debt is PWfF loans for utility improVements to water with an outstanding balance of approximateyr $1,700,000. The balance of debt is LID's ($300,000), capital leases for equipment($60,000), and stortn water property($154,000). See Attachment#3. Comparing debt per capita between COP and COA, COP is about$367 end Aubum is about 3.5 times that with over$100 million out. Exoendttures; Attachment#4 showa expenditures per capita by fund. For comparison purposes COA expenditure per oapita is dfsplayed. COP expenditure per capita is$576 in the general fund compared to COA of$880. OEher: As of 8/31/2012 COP overail cash in hand is$6.6 million. Attachment#b. Attachment#6 shows property tax and safes tax stats by counry. Of particular note is that about 1/3 of the property tax revenue and 1/2 of the sales tax revenue is generated'm the Pierca County portion of the City and the populffiion is 85. i.e. Pierce Gounty revenue generatian is supporting the King Cour ty porUon where the population is about 6,500. If COP disincorporates R would revert badc to the prospecdve counties. It Is foreseeable that Sumner may take over the Pierce Courity area This would leave the butk of the population in King County with far less revenue. Concluslon: Your statement that you wanted to eneure that the cifizens of COA would not subsidizs COP if there was an annexation. From this 6asic review,we can see that the par capita revenue and experise is less than COA, So ft is aurmised that the level of service is not commensurate with COA. It should be noted that the debt per capita is. However,should COP disincorporate and Sumner assumes the Pierce County portion arxi IGng County takes over the other side,there could be a negatfve impad on COA as it is calied upon to assist the City on many levels. I i Page 2 of 2 I AN.1 Page 7 of 196 2bia ,C ur,(&e.E City of Pacitic Fur a ummar es ttesa,rces Acvmv aaons pescripBOn FuM R Beglnning Fund Balance Revenue Tohal Resomces ExperMiNres Endin9 WM Balanee Total/WPmPrfations EquipmentReserve 088 S 24 44200 S 3.000.00 S 27.442.00 i S 27.44200 S 27442.00 CummWatWeReserve 088 S 194,361.00 S 200.00 S 134,561.00 S 194 581.00 S 134 581.00 F jpp $ 897,860.00 S 9.OGi.245.00 S 3.761,095.00 S 3,186.390.00 S 574.726.00 $ 9,781,095.00 Canmunily9ervices 103 S 40,828. $ 720,080.00 S BU.709.00 5 152.681.00 $ 8,048.00 S 180,709.00 Yq g ps 104 S 15.76200 $ 83,950.00 $ 79.702.00 $ 85.064.W S 14.p8.00 $79,702.00 p 105 $ 194,110.00 $ 26,957.00 S 160,067.00 S 31.500.00 S 128,587.00 $ 180,067A0 Nelghbodwod Pmks 108 $ 25,023.00 $S 25 023.00 5 77.85/.00 S 7.188.00 S 28.D23.00 TpuAgm 707 S 85,220.00 S 7,800.00 S 72.ffi0.00 S 30,400_00 S 42.420.00 S 72,820.00 PuhGc SafetY fotfe 6ae 121 S 1 800.00 8 S 1.SOO.UO 3 S 1 800.00 i 1.800.00 q J y g 171 S 704 702 00 S 127 8W.00 E 232.502.00 S 100 000.00 S 182.502.00 S 232.FA2.00 6eneral WndsTotal S 1243,889.00 S 3.411,832.00 S 4.655,727.00 $ 3,583.852.00 $ 1,W1,889.00 5 4.655,727.00 Stryg 101 $ 71,67&00 $ 291.1D0.00 S 38'2,778.00 S 320.033.00 S 42,745.00 S 362,778.00 SterraNBth St CortMor CaP Pmj 307 g 84,236.00 $ 878300.00 S 770,438.00 S 676200.00 S 94.23&00 E 77n,438.00 vaiern Ra cap Prol aoa S ss.r.00) S asr,s s.00 S aos.s7s.00 s ss,s 2oo t sos..00 S aoa.a s.00 SteviaNThomMnAve CePPmI 310 S 32,65000 S 2735A00.00 E 2.187.950.00 S 2.150,W0.00 S 77.950.D0 S 2.167.950.00 Strcet WndsTotat 5 104,730•00 S 3,fi00,316.00 S 3.705,045.00 $ 3,245,745.00 S 463,300.00 S 3,705,045 00 UO S RedempUOn 206 S 13.703.00 S 362,100.00 S 395 80.R.00 S 356,U00.00 $ 39 805.0 S 385.805.00 tJD 3 Reserv6 7A7 S 5T9 03T.00 S 7bQ.00 S 579 787.00 S S 578.787.00 S 578 787.00 z000 co eo a aoe s zs eea oo s +eo 0o s ZS.a. s a zs,oaa.00 s +zs.osa.ao ReserveFundsTotal E 718,828.00 S 389.OW.00 E 1.701.626.00 S 356 OW.00 $. 745.82800 S 1.101.800 MuMNP PtallmPrv 300 t 46 855.00 S 40.100.00 i 88.955. S 33.000.00 S 53.955.00 S 88.955.00 qre Capital imprv 933 'S 2q828.00 8 2,0OO.OU S 28,62&00 E 14.00OAO S 12,62&00 S 26,826.00 WatmO&M 401 5 240 627.06 i .. b 1,713,517.00 S 972,76T.00 E 250.T50.00 i 7,223,51T.00 qpg 8 1,058,600.00 8 52 9-00 E 1.177,400.00 S 1,0,400.00 E 42 000.00 S 1.111.400.00 Web4toneSurt9tei9aFund 417 S 92893900 5 2535000 E 354289.00 S 2W.000.00 $154.289.00 S 354288.00 WadvFUndsTOml S 1,827 988.00 S 1 061?+M1.00 S 2.6&9206.00 S 2.2 12.167.00 $447.039.00 5 2,689.208.OD Sevrer0&M 402 S 93.349.00 S 1 557.450.00 S 1 590 789.D0 8 1.552 815.00 S 38.484.00 8 1 590 788.00 3avrerWmuletive 40B E S&5409.00 S 593.409.00 S 355.000.00 E 258.408.00 E 593409.00 SeirerHmdsTotal S 828.758.00 S 1557 460.00 S 2 1642D8.00 S 1.887.3'15.00 S 288 8Si.00 E 2.784,20&00 no3 S 783,385.0o t em.80o.0o S t.o t.96s.00 S a93.s5o.00 S no.ots.00 S t o83.se5.00 3LORn 409 3 91,218.00 S 577.038.00 S 608.254.00 S 565.439.00 $ 42 815.00 E 608r254.00 StonnwaterFaali 470 S 59.32&00 S 120.100.00 S 179.428.00 S 129,W0.00 S 50.428.00 S 179,428.00 SLmmwaterFundsTotal 5 160,544.W S 637 138.00 S 7W,682.00 L 694.439.W S 83243.00 $ 787 682.00 Utllitles EqutP Rewve 499 S 133.479.00 S 10,200.00 S 143.879.00 S 730 000.00 S 13.679.00 S 143 879.00 s0omer eP C(.`^"' 5 f DevebPet De b g S aw c«nc dearb PundsTOta1 GnndToql S 4,6T0,840.W $11,579.875.00 516.444.715.00 513,076,46&00 S . 3,388,247A0" s 16;444,775.00- AN.1 Page 8 of 196 t City of Pecfflc v City of Auburn Comperlson of 2012 General Fund Budget and Budget/Cepita Pacfik Auburn 2012 Populatlon 2032 PopWatbn King 6,535 King 63,390 Plerce BS Pierce 7,850 6 8M 71,I40 tAl2Gaavral Budgatper 2013Geireral Budaetper FundBWget Ceplte FundBUdgat Caplta GENERAL fUND REVENUES 7axes: Property 855,000 329 16,299,417 201 Sales&Use 540,000 82 31,280,869 158 B&O 301.000 AS Utlllty 717,000 108 10,889,911 153 Othe 3,28G,736 46 Suhtohl:Taxes 2q33,000 865 39,754,933 S58 Licenses&Permlts 180,850 27 1,838,484 26 IntergovemmeMai 143,SQ0 72 4,751,784 67 Chargesfor5ervkes 113,5T0 17 1,955,947 27 flnes&FOffeltures 168,825 16 1,556,500 22 OtharRevenue 43,500 7 671,300 9 TotalRevanues 9p63,205 463 50,528,708 709 ENERAI fUNb EXPENDINRES SahAes&Wages 1,938,982 391 19,614,2t5 275 Penonnel Beneflts 9,263,613 330 Sub tohl:SakAa/8enelNx 1,878,982 391 28,877,836 i05 Supy6es 83,400 13 1,063,000 35 Servlces 8 ChaBes 530,713 80 30,076,8t8 141 IntergoYtSenlces&Charges 325,775 49 S,E73,712 82 CsplqlOUNay 10,50 Y 5,000 0 OebtServfce 1,637,651 23 InteAundF ymenuforSeMces 6,783,262 95 Subdobl:Non•Seiarles/Baneflts 950,988 144 25A39A53 357 TotM Expenditures 7,BM,370 435 SC,317,389 762 OTHER FINANUNG GENERqL FUND SOURCES(USES) Insurance ReCOVefles 25,000 0 TransferSln OtherT2nstenln 17,000 0 Tnnskn Out Go(fCourseadmiuionshz 51,250) 3 TransferWStreetFVnd 103} 140,000) 21) TranskrtoCOmmunity5ervicesFUnd(103) ias,000) fiel rnnsrercovoumserv cesFUna(3oa) sv,000) s TramkrtoEqulpmMtReterve(098) 3,0) 0) TotalFlnanaing5ourcac USes 30,000) a s,xw o NetChangalnFundBalanca 329,125) 19j 5,797 791) 53) fund Balanca-BagMning 697,850 105 1I,108,801 170 i Funtl eelence 6nding 574,725 W 8 811,010 1v i Sources of informatlon: City of Padflc 3012 Budgep Fund Summarke;Genenl Fund Ravenue;General WiW Summary by Depanment{no page numbars)I AN.1 Page 9 of 196 Mc''#°4' Ci'/ Of PaCi'fIC Schedule 9 Schedule of Liabilities C_I For the Year Endtng December 31, 2011 b- •-Y s Q C r a o o o a a r "+ 3"-, " >:,`¥Ya rva:::aa..w r i 'x. ;n. n:'-.:;:-,:,+..+";avl1", ' " ,,c.::1:.5°„.t=,: , ;:;.:<i«t^„'.) B v 4,J';.'"}St. 5.-.- T ?1' .e_,.'Yri, 3;'e+4^'-i; :;%U' .,._C7, ,.'1:-t.:. $- , ,'_, ..e.i t.: w ..i -_.: 3Y:.;:C.: u.__.....?:X`.,_ ":-:L .. T..:.1 1 'L`£ " 1.n• ^,`.::`l.^%v.".;:_..:r ' ' ... 253.11 1999 LID 3 9/1/2016 560,000 0 260,000 59119 3D0,000 Sub-botal: 560,000 0 260,000 300,000 R@V8Al1C y. a n,c, ,:.'_- i i _ - `t' _ ' - . .. - _ r r„,.. , . ,_ z.:, : . : gx..._...a.:-s..r..... a ..._d.r..:.a_.:__: _xG:,: .. - ._S..t..-•.:...__.__`"a_. Jr._:,_"__ _. ' 263.82 SRF Loan#01-65101-016 Waber R ervoir SO/1/202Z 1,641,453 0 136,786 582.34.78 1,504,665 263.82 SRF Loan 00-65120-020 Water Corrision Contrd lOJl/2021 206,798 0 18,800 582.34J8 187,998 263.82 Ecobgy Smrmwater PWn #L99000022 7/15/2021 86,190 0 9,484 582.38.78 76,706 263.52 Bagulo -Regional Storm Property 1/12014 163,350 0 9,484 582.38.79 153,866 259.12 Compensated Abserxe-Revenues 12/31/2011 3l,396 0 31,396 0 259.12 Water-Compensabed Absence 12/31/2011 0 12,799 0 12,799 25912 Sewer-Comper sated Absenoe 12/31/2011 0 9,405 0 9,405 259.12 Garbage-Compensabed Absence 12/31/2011 0 1,972 0 1,972 259.12 Storm Utility-CompensaLed Absence 12/31/2011 0 10,225 0 10,225 Sub-total; 2,129,186 34,402 205,951 1,957,637 GerieraF_Otilgation= r _t.-. -, , v 263.51 Key-Palice Vehicles -•- -- ~_-.. ..~ . 12/31/2011 54,OI3- '-- - 0 ' --- 54,013 591.21J8 - ---0 263.51 Key-Sweeper 6J25/2012 79,418 D 38,824 591.42.79 q0,594 263.11 QAW Risk Poot-Claims Assessment 10/1/2014 24,480 0 6,120 514.76.46 18,360 259.11 GO-COmpenSated Absence iZ/31/201I 162,252 0 21,019 141,232 Sub-total: 320,162 0 119,976 200,186 T.. W.=._-._. --__..._ - -_ ._. _. __ .__ __ .. ___'-uGraiid:tofal9__3,009;348' '34;A02. 585;927' 2,457,823 AN.1 Page 10 of 196 cnymouiac.aeyorn wm wmpMwn a m12 aua9M ana ewgee/wyne VACIFIC AII9URN 2012Papulatlon qn6 6,535 t012POpulnion KIn6 63,390 Pleroe 85 Plerce 7,850 Tobl 8,6;0 Taal 71,240 Vaelllc CIty WA Approptistian Aubum tltyMGApproprhtiom runa cimdn toueua.e ewBe aWu runa Funarnh xoiasudpe sudpNc.Wu 001 GeneralFUnd 9,161,095 576 001 GenualFUnd 63,679,599 890 098 EqulpmmtPomn 37pq2 Sp2 ArteAOlSbeet 14,420,598 099 CumuleUvaRaerve 134561 303 local5vaet 2,744,930 301 Stflet 362 778 104 Horel/MO[llTax IR,iBi 303 CammunirySeMCes 160,709 SOS MteAalSVeetPreservaUOn 4,215,857 I(W YOUthSeMtts 79,702 117 OrvgFaAelNrc 1,ZW,390 305 Parks 160,067 119 HousingBCOmmunirybavelopment 505,647 706 NNghbarhoodParks 35,Ot3 120 ReaeatlanalTrdlz 79,571 107 Taurhm 72,820 1t3 BusMe.ulmptovaneMNea 76,680 1t1 PubllcSakryPorfdar 1,800 132 CumulatAmAeaerve 7,376,905 122 Criminellustice t32,5Gt 12q Midgotlon fees 3,148,632 1,357,409 792 33 890,951 C76 206LID3 395,6U5 219 1998Ubraryeond 326,654 2W UD 9 Rderva 579,787 230 Qry Hdl AnneK 2010 A&B Bond 1,696,fi78 308 3W0 Flre GO Bond 12b,034 331 locel RevlqlkaUOn 2010 C&Bond 594,570 7A9 LIDGUmntee M,586 750 110 q150 56,7a1 z s uo xaso us 1,101,6M 169 7 736A76 98 300 Munldpal Capkaf 86,955 417 Golf Debl SeM[e 390,a79 3015[awart/BthStCor id 770A38 333MUnIdpdPSrkCOnmuNOn 1,83,267 308 VdenUna Rwd 403,879 3]8 Ccpltal lmprovemenls 6,810,07A 3105tewart/fAomtan 3,367,950 333 Rre Cepttal 76,628 3AS+.fl57 5=9 8.090.77A 127 4M Water08M 1,323$17 430 Water 7b,035,319 4035ewar0&M 7,590,799 431 Sevmr 79,802,83b 403 Wrbasa 1,063,965 432 StormDninsge 39,621,816 406 Weret Wplhl 1,111,a00 43q Solld Was[e 13,679,569 I 4065awerNmubOVe 593p09 435 Alrpart 1,451,953 404 Storm O&M fi0B,154 436 Cemetery 1,062,436 4105tormFadlPoes 179p78 437 GolfCOUne 1,631,666 a1i w.6scane wrcher2e 3s4,les I499U1111NEauiptRamrve7A3b79 6A6B,740 1,051 93,265,378 i,t95 501 Inwrence 986,779 H 505 FacIIIHes 4,563.]49 518 Innwatlon&Technola6y 7,33J,9B3 550 EqulpmentRentel 7,624,754 zLau,st - - soi- y 611 FlrePens on i,863,85 7 u mi cemeewEndowment L sAn - -Xi 18,444,735 7,536 7I6,756 893 ' -3 377 I AN.1 Page 11 of 196 u" City of Pacific Summary Cash Report August 31, 2012 Balance fnrward Mvnth End Balance Funii 8/1/2012 Revenue Expenses 8/31/2012 98 General Equip.Reserve $ 24,471.69 $ 3,002.58 $ 27;474.27 99 General Cumulative Reserve $ 134,451.79 $ 14.20 $ 134,465.99 pp1 General Fund 1,291,A68.61 $ 220,047.50 5 621,956.30 $ 889,559.81 101 Street Fund 31,286.38 S 154,222.17 $ 18,11738 $ 167,391.17 103 Senior Services 9,827•40) $ 106,365.73 $ 11,762.25 $ 84,776.08 104 Youth Services 12,024.11) $ 59,704.80 $7,254.04 S 40,a26.65 105 Parks Pund 133,768.38 $ 17,996.44 $ 383.25 $ 151,38157 106 Neighborhood Parks 23,993.97 $ 2.53 $ i7,&57.00 $ 6,139.50 107 Tourism 71,239.04 5 719•21 $ 71,958.25 121 Public Safety Forfeiture $ 1,765.75 $ 0.18 $ 1,765.93 122 Crlminal Justice 134,758.15 $ 14,179.81 $2,309.21 $ 147,628.75 206 LID 3 Redemption 436,385.23 $ 3,G47.93 $ 319,050.00 $ 120,783.16 207 L1D 3 Reserve 579,706.14 S 6115 $ 579,767.39 208 2000 F(re GO Bond 126,046.76 $ 13:31 S 126,060.07 300 Municipal Capital Improv $ 156,363.62 $ 25,124.67 $ 5 181,488.29 301 Stewart/8th Corridor 100,043.66) $ 42,458.44 5 1,889.42 $ 59,474.64) 308 Valentine Road ProJ 300,770:29 $ 100,019.77 5 113,604.81 $ 287,185.25 310 Stewart/Thornton Ave $ (340,09210j $ 596,Z17.07 $ 33,044.02 $ 223,080.85 333 Fire Capital Improv 40,448.08 $ 13,809.87 $ 5 54,257.95 401 Water O&M 511,959.$9 $ 103,850.14 S 100,337.01 $ 515,473.02 402 Sewer O&M 24,514.73 $ 149,641.69 $ 140,553.75 $ 33,602.67 403 Garbage 296,891.24 $ 83,461.48 $ 80,887.64 $ 299,465.08 406 Water Capttai Improv 1,282,338.66 $ 140,150.30 $ 624,400.00 $ 798,088.96 40S Sewer Cumulative 1,003,081.15 $ 56,111.91 $ 10,000.00 $1,049,193.06 409 Stormwater 128,132.84 $ 102,795.44 S 79,255,72 S 151,672.56 410 Stormwater Facility 42,313.98 $ 52,605.80 $ 9 9'$ 411 Pierce County/Webstone $ 141,6D8.A0 $ 2,345.78 $ 143,954.18 499 Utilites Equtp Reserve 133,600.67 $ 10,014.11 $ 143,614.78 601 Customer Depostt 182,715.03 $ 37,185.00 $ 145,530.03 630 Developer Depos(t 19,153.76 $ 680.00 $ 250.00 $ 19,583.76 640 AlgOna Court 13,318.00 $ 10,648.00 $ 83.03 $ Z3 882•9 800' Payroll Clearing 6,804,5fi4.86 $ 2,069,712.11 $ 2,219,179.83 $ 6,655,U97.14 AN.1 Page 12 of 196 S Gty of Pacific h, zo12 levy Rase P oPeKY Lax zoi2 Av zo12 Population Gty Revenue IGng 371,104,657 6,535 51.6112 $ 597,935 Pierce 160,325,244 85 1.6112 258,320.8 TotalAV 531,429,901 6,620 856,256 TRS by Sector 2031 Ta oble Retail Sales NAIC IGng Pieroe ST T/P:Retafl 30,929,121 17,588,761 King $ 32,746,823 $278,348 $ 5,011.Construction 3,705,280 3,754,936 Plerce 32,352,038 274,992 380,612' Wholesale 4,708,998 4,826,995 S 65,098,861 $553,340 $ 9,834' Lodging/food 5,346,811 52,358 All others 8,056,613 6,128,988 Total 32,746,823 32,352,038 Util'ity bxall utiliti 6.00% PMC 3.04.030 B&O Tax 0.20% PMC 3.02.050(A) Water per month $ 15.00 Sewe[per month $ 44.75 +39.75/ccf Stortnwater per m $ 10.71 on w7iva nwe o ssz se,ror dkcounq AN.1 Page 13 of 196 IMPLICATIONS OF AN ANNEXATION BY THE CITY OF AUBURN OF THE C N OF PACIFIC City Attorneys Office City Clerk's Office Legal Department In the short term, there would be some additional work that would need to be genereted in the City Attorne/s Office (including the Legal Department and the City Clerk's O ce), such as the preparation of documents,contracts, meeting notices,etc. In the long term, however, the impacts would probably be no more than is proportional to the population beirig added to the City of Auburn. The number of public record requests would probably only increase consistent with that proportional population. Likewise, it is expected that the number of additional criminal prosecutions, civil cases and other matters involving the Legal Department would be proportional to the workload generated by or in support of t6e City's population. Passport work(handled by the City Clerk's Office)would not be affected by the praposed annexation as the City Clerk's Office currentiy provides Passport services to residents of Pacific. In the intermediate impacts, there may be some additional short term work in prosecuting cases that the City of Auburn would inherit from the City of Pacific Municipal Court and in turn, there would be some additional work by the Court and support staff as well. On the civil side, we would expect a considerably increased workload as other department staff ask for our assistance in interpreting existing contracts, permit applications, or other pending matters such as reviewing Pacific plats to determine vesting issues and working with Finance outstanding utility billing issues. The Clerk's o ce would also see a markedly increased workload in the short-to-mid term, as they incorporate Pacific's records into the Cit s,and deal with outstanding public records requests. From the standpoint of financial implications to the City Attomey's Office, it is not expected that there would be a necessary need to add to or supplement the employment resources or in the legal department, however, if that does not appear consistent with the experience down the road,that couid be addressed at the time. However, again, no expectation exists of a need to hire someone necessarily because of,or contemporeneous with,such annexation. AN.1 Page 14 of 196 AGENDA BILL APPROVAL FORM Agenda Subject: November 26, 2012 Minutes Date: November 27, 2012 Department: Police Attachments: November 26, 2012 Meeting Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff: Meeting Date:December 3, 2012 Item Number:MS.1 AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 15 of 196 Municipal Services Committee November 26, 2012 - 3:30 PM Council Conference Room MINUTES I. CALL TO ORDER Chair Peloza called the meeting to order at 3:30 p.m. in the Council Conference Room of City Hall, 25 West Main Street, Auburn, WA. A. Roll Call Members present: Chair Peloza, Vice Chair Wayne Osborne, Member Wales. Staff present: Mayor Pete Lewis, Chief of Police Bob Lee, Assistant Chief of Police Bill Pierson, Finance Director Shelley Coleman, Public Works Director Dennis Dowdy, Transportation Manager Pablo Para, Solid Waste and Recycling Supervisor Joan Nelson, Police Secretary Heather Shaw and Police Secretary/Scribe Terry Mendoza. Others present: Citizen Scot Pondelick and Auburn Reporter representative Robert Whale. B. Announcements C. Agenda Modifications Chair Peloza announced an agenda modification to remove Item IV.C - Median Standards Discussion. The item will be included on a future agenda for this committee. II. CONSENT AGENDA A. November 13, 2012 Meeting Minutes Vice Chair Osborne moved to accept the Minutes as presented. Member Wales seconded. Chair Peloza concurred. MOTION PASSED: 3-0 III. RESOLUTIONS A. Resolution No. 4884 (Lee) A Resolution of the City Council of the City of Auburn, Washington, authorizing the conversion to, and sale of Auburn Police Canine Henk as surplus property of the City of Auburn. Committee discussion Page 1 of 3 MS.1 Page 16 of 196 followed. Vice Chair Osborne moved to forward to full Council for consideration. Member Wales seconded. Chair Peloza concurred. MOTION PASSED: 3-0 IV. DISCUSSION ITEMS A. Financial Options Available to the City of Auburn (Coleman) The Committee discussed additional revenue information for the City of Auburn as provided by Finance Director Shelley Coleman and her staff. Updates included information on the Municipal Business Regulatory Taxes (cities within King, Pierce and Snohomish Counties only) as reported by AWC in their 2012 Tax and User Fee Survey. Additionally, maps and data regarding the City's Arterial/Collector Street Funding scenarios were made available. The maps indicated the remaining arterial and collector street work under the current budget and the projected pavement condition in five (5) years without additional funding. It was requested that Director Coleman supply Council with the cost difference between funding needed for road repairs and additional money that would be generated if taxes are increased (by category/type of tax). Committee discussion followed. B. Vadis Service Agreement #AG-S-062 (Coleman) Finance Director Shelley Coleman and Solid Waste and Recycling Supervisor Joan Nelson provided the Committee with information on the bi-annual Service Agreement with Vadis. Vadis is a non-profit corporation that develops employment opportunities for individuals with disabilities. Their litter crews are made up of five specially challenged individuals and a crew supervisor who assist in collecting trash and debris throughout the City of Auburn. The contract with Vadis has been renewed annually since 1991. This bi-annual contract covers 2013-2014. Committee discussion followed. C. Median Standards Discussion (Faber) This item was removed from the agenda. D. False Alarm Prevention Program (Lee) Assistant Chief of Police Bill Pierson provided an update on the False Alarm Prevention Program. The report examines the success of the program by comparing the total number of false alarm calls that Auburn Police Department personnel responded to before and after the False Alarm Program was initiated. It also examines the amount of revenue that the City of Auburn has taken in from charges applied to permit holders for alarm calls that are determined to be false. Chair Page 2 of 3 MS.1 Page 17 of 196 Peloza requested that future reports also include information on cost savings relating to false alarms being reduced. Committee discussion followed. E. Project Matrix The following updates have been made to the Project Matrix: Item 20P: Review date changed to 1/14/2013. Status updated. Item 28P: Review date changed to 6/10/2013. Status updated. Item 30P: Review date changed to 12/10/2012. V. ADJOURNMENT The meeting was adjourned at 4:24 p.m. The next meeting of the Municipal Services Committee is Monday, December 10, 2012 at 3:30 p.m. in the Council Conference Room, City Hall, 25 W. Main Street, Auburn, WA. Signed this __________ day of December, 2012. ___________________ ________________________________ Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe Page 3 of 3 MS.1 Page 18 of 196 AGENDA BILL APPROVAL FORM Agenda Subject: November 26, 2012 Minutes Date: November 27, 2012 Department: Planning and Development Attachments: November 26, 2012 Draft Minutes Budget Impact: $0 Administrative Recommendation: For information only, see attached minutes. Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff: Meeting Date:December 3, 2012 Item Number:PCD.1 AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 19 of 196 Planning and Community Development November 26, 2012 - 5:00 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Vice-Chair Partridge called the meeting to order at 5:01 p.m. in Annex Conference Room 2 located on the second floor of One Main Professional Plaza, One East Main Street, Auburn, Washington. A. Roll Call Vice-Chair Partridge and Member John Holman were present. Chair Backus was excused. Also present were Mayor Pete Lewis; Planning and Development Director Kevin Snyder; Finance Director Shelley Coleman; Arts, Parks and Recreation Director Daryl Faber; Senior Planner Stuart Wagner; Economic Development Manager Doug Lein; Planning Manager Elizabeth Chamberlain; Principal Planner Jeff Dixon; Arts & Events Manager Julie Brewer, Arts Coordinator Maija McKnight, Theater Operations Coordinator Jim Kleinbeck; and Planning Secretary Tina Kriss. Members of the Audience present: Scott Pondeleck, Councilmember Wagner, Auburn Arts Commission members DeNae McGee, Greg Watson (Chair), Heidi Harris, and Patricia Judd. B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. Minutes - November 13, 2012 (Snyder) Member Holman moved and Vice-Chair seconded to approve the November 13, 2012 minutes as written. Motion Carried Unanimously. 2-0 III. DISCUSSION ITEMS A. Ordinance No. 6421 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 6339, the 2011-2012 Biennial Budget Ordinance as amended by Ordinance No. 6351, Ordinance No. 6352, Ordinance No. 6362, Ordinance No. 6370, Ordinance No. 6378, Page 1 of 5 PCD.1 Page 20 of 196 Ordinance No. 6379, Ordinance No. 6400, and Ordinance No. 6410, authorizing amendment to the City of Auburn 2011-2012 Budget as set forth in schedule "A" and schedule "B". Finance Director Shelley Coleman reviewed Ordinance No. 6421, 2011 - 2012 Biennium Budget Amendment No. 9 with Committee. This amendment will clean up items at the end of this biennium. Finance Director Coleman provided an overview of revenue and expenditure items from Schedule “A” and Schedule “B”. There were no questions from the Committee; Committee was supportive of Ordinance No. 6421. B. Financial Options Available to the City of Auburn (Coleman) The Finance Department will present additional revenue options for Council discussion and consideration. Finance Director Coleman provided the Committee with a handout; the 2012 AWC Tax and User Fee Survey showing Municipal Business Regulatory Taxes, number of employee fees (head tax), and square footage tax for King, Pierce and Snohomish Counties. Committee and staff reviewed the Cities of Bellevue's and Kent’s taxes and fees and how they were calculated. Committee and staff discussed the four sectors the City can charge a square footage fee to and a combination of options that could be implemented. Committee discussed the difference between the Business Regulatory Fees and a B&O Tax. Mayor Lewis pointed out that the Municipal Services Committee requested staff look at a 1% increase on utilities, taking cable to the maximum 6%, and charging a $20.00 annual car tab fee to raise additional funds. Mayor Lewis stated Director Coleman will provide each Councilmember with the totals these increases could generate after the data is calculated. Committee and staff discussed the cost of administrating a B&O tax and other business regulatory fees; Committee concurred the administrative fees for a B&O tax would be more costly. Committee and staff discussed the current condition of the arterial streets and the preservation needed due to their deteriorated state. Mayor Lewis pointed out that preservation of the arterials would cost less than rebuilding the roadways. Public Works Director Dowdy reviewed the Arterial/Collector Street Funding scenarios chart. Currently the City dedicates 1.5M for the preservation of the arterial and collector streets annually. At the current rate of funding Page 2 of 5 PCD.1 Page 21 of 196 deterioration of the roads is occurring faster than repairs can be made; within five years the average system pavement condition index (PCI) will be down to 35 if more investment is not done (staff would like the PCI to be at 70 within 20 years). The investment curve needs to be increased in order to stabilize the arterial roads. The current annual investment is $1.5M; staff is requesting a target of 20 years at 6.2M per year to bring the PCI to 70. Committee and staff discussed which of the scenarios are Councilmatic and which require voter approval. A tab fee greater than $20.00 and Metropolitan Park District require a voter approval; all other financial options are Councilmatic. Vice-Chair Partridge suggested the Committee should review the options provided and put together recommendations or questions for staff on how to best get to the goal of $5.M in funding. C. COA Code Update Project, Phase 2 Group 2 - Amendments to Auburn City Code (Hearing Examiner Chapter) (Wagner) Senior Planner Stuart Wagner reviewed the Phase 2 Group 2 City of Auburn Code proposed code updates related to the Hearing Examiner. The role of the Hearing Examiner, as codified in Auburn City Code (ACC), goes beyond land use matters. The Hearing Examiner is also the appeal body on many administrative decisions such as utility billing disputes, dangerous dog determinations, or building and code violations but Chapter 18.66 ACC – Hearing Examiner is only written for the purposes of land use matters. As such, the Hearing Examiner Chapter is better suited in Title 2 – Administrative and Personnel where other positions, boards, committees, and commissions are listed. Committee and staff reviewed other changes to the chapter recommended by the City's Legal Department and Hearing Examiner. Committee was supportive of these changes. Senior Planner Wagner stated this item will be brought back in ordinance form for action before going to City Council. D. 2012 Comprehensive Plan Amendments (Dixon) Principal Planner Jeff Dixon provided an overview of the proposed annual Comprehensive Plan Amendments, Planning Commission recommendations, and the one remaining private map amendment from the November 20, 2012 hearing (Item CPM #3 (File No. CPA12- 0003). Committee and staff discussed the Scrivener’s error that was made in Page 3 of 5 PCD.1 Page 22 of 196 Comprehensive Plan Map Amendment #5, CPA07-0002 and City Ordinance No. 6138 from 2007. The application that was recently submitted (CPM #3, File No. CPA12-0003) does not involve the properties that contain the error in its designation, it is adjacent. Committee discussed the Planning Commission’s recommendations of denial of CPM #3, File No. CPA12-0003. Principal Planner Dixon pointed out that reasons for denial from the Planning Commission was the concern that if the change was made (on this application) from ‘single family residential’ to ‘high density residential’ a continual creep of property designation may continue to be approved due to the precedence set in this case. The Planning Commission also cited a concern of an increase of traffic if approved. E. Director's Report (Snyder) There was no director's report. F. PCDC Matrix (Snyder) Committee and staff reviewed the matrix. There were no changes or additions requested. G. Presentation - Art's Commission Annual Report (Brewer/McKnight) Arts & Events Manager Julie Brewer and Arts Coordinator Maija McKnight provided an update on the activities of the Auburn Arts Commission. The Arts Commission is a 12 member advisory board working to advance the arts in Auburn with the goal of integrating the arts into all aspects of community life. Staff highlighted several programs: performing arts, visual arts, literary arts, and public art. The show revenue from the September 2011 – July 2012 season was $104,000.00 serving a total audience of 10,398. The Arts Commission continues to work cross departmentally to assist with projects and events. The Arts Commission continues work to advocate and support local artists and art organizations expanding many of the current programs in 2012. This year the Auburn Storefront, Pianos on Parade, Outdoor Sculpture Gallery, and the Temporary Art Installation programs were a big success. Community programming related to Pride and Prejudice will take place in 2013 and the Art’s Commission will continue preplanning for the 2014 performing arts season with the Performing Arts Center construction closure. The 1% art ordinance will be refined this year and a brochure to encourage private development of public artwork will be created. Arts & Events Manager Julie Brewer reviewed Arts Page 4 of 5 PCD.1 Page 23 of 196 funding and grant awards. Committee thanked the Arts Commission and staff for their dedication and efforts to expand and advance the arts, arts education, and public art interaction within the community. Arts & Evens Manager Julie Brewer invited everyone to the Auburn Avenue Theater at 7:00 p.m. this evening for the Auburn Sculpture Gallery’s opening dedication and reception. IV. ADJOURNMENT There being no further business to come before the Planning and Community Development Committee, the meeting was adjourned at 6:31 p.m. DATED THIS _____ day of _____________, 2012. ______________________________ Nancy Backus - Chair ______________________________ Tina Kriss - Planning Secretary Page 5 of 5 PCD.1 Page 24 of 196 AGENDA BILL APPROVAL FORM Agenda Subject: November 19, 2012 Minutes Date: November 27, 2012 Department: Public Works Attachments: November 19, 2012 Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Public Works Councilmember:Wagner Staff: Meeting Date:December 3, 2012 Item Number:PW.1 AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 25 of 196 Public Works Committee November 19, 2012 - 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 Conference Room #2, located on the second floor of Auburn City Hall, One East Main Street, Auburn, Washington, 98002. A. Roll Call Chairman Wagner, Vice-Chair Bill Peloza, and Member Osborne were present. Also present during the meeting were: Mayor Pete Lewis, Public Works Director Dennis Dowdy, City Engineer/Assistant Director Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer Dan Repp, Transportation Manager Pablo Para, Engineering Aide Amber Mund, Street Systems Engineer Seth Wickstrom, Finance Director Shelley Coleman, IT Acting Director Reba Stowe, City Attorney Dan Heid, Financial Planning Manager Martin Chaw, Jennifer Wynkoop from Landau Associates, Steve Kelly from Boeing, Adam DeBruler from the Auburn School District, citizen Scot Pondelick, and Public Works Department Secretary Jennifer Cusmir. B. Announcements There were no announcements. C. Agenda Modifications There was an agenda modification transmitting three items to the agenda, Ordinance A, Ordinance No. 6439, Resolution B, Resolution No. 4883 and Discussion Item I, Resolution No. 4882. II. CONSENT AGENDA A. Approval of Minutes Councilmember Peloza moved and Councilmember Osborne seconded to approve the minutes of the November 5, 2012 Public Works Committee Meeting, as amended. Vice-Chair Peloza requested the words, “of property value” be added to the statement “maximum dollar per $1000.00…” so the statement reads, “…maximum dollar per $1000.00 of property value” on page 5 of 9, second paragraph. Vice-Chair Peloza also requested that the two Page 1 of 13 PW.1 Page 26 of 196 decimal places be shown in the figure $1,000.00. Vice-Chair Peloza requested the following paragraph be included on page 6 after the second paragraph, “Vice-Chair Peloza, who is a member of WIRA 9 and co-chair of Watershed Ecosystem Forum, confirmed that at a recent forum meeting the group approved the $327,000.00 allocation to the Fenster [Levee] Project that was ahead in the planning and design processes. The forum made this recommendation to the SRFB in support of their December Meeting. Motion Carried Unanimously. 3-0. B. Right-of-Way Use Permit No. 09-45 (Mund) Councilmember Peloza moved and Councilmember Osborne seconded to approve Right-of-Way Use Permit No. 09-45 Amendment No. 3 for Boeing for 6 Additional Monitoring Well Locations. Engineering Aide Mund was present. There were no questions from the Committee. Motion Carried Unanimously. 3-0. C. Right-of-Way Use Permit No. 12-40 (Mund) Councilmember Peloza moved and Councilmember Osborne seconded to approve Right-of-Way Use Permit No. 12-40 for the Optimist Club Santa House. Engineering Aide Mund was present. There were no questions from the Committee. Motion Carried Unanimously. 3-0. D. Annual On-Call Agreements (Gaub) Councilmember Peloza moved and Councilmember Osborne seconded to recommend City Council approve the Annual On-Call Professional Service Agreements and Amendments for 2013. Assistant City Engineer Gaub explained that the overall contract amount for the year is not tied to any particular budget until task orders are issued. Each task order is required to have an approved budget. The total amount of the contract for 2013 is a maximum not-to- exceed amount needed in case there are a higher number of tasks or high value tasks that need to be completed in 2013, in response to a question asked by Chairman Wagner. Assistant City Engineer Gaub Page 2 of 13 PW.1 Page 27 of 196 stated there are also several current tasks that are assigned to the contracts that will carry in to 2013 and those amounts are not showing in the expended to date column. Assistant Director/City Engineer Selle explained how the on-call agreements are budgeted. Motion Carried Unanimously. 3-0. E. Public Works Project No. CP0915 (Gaub) Councilmember Peloza moved and Councilmember Osborne seconded to recommend City Council award Contract No. 12-04 to Scarsella Brothers Inc. on their Low Bid of $1,511,957.00 plus Washington State Sales Tax of $64,412.33, for a Total Contract Price of $1,576,369.33, for Project No. CP0915, Well 1 Transmission Main. Assistant City Engineer Gaub was present. There were no questions from the Committee. Motion Carried Unanimously. 3-0. F. Public Works Project No. CP1216 (Wickstrom) Councilmember Peloza moved and Councilmember Osborne seconded to recommend City Council approve Final Pay Estimate No. 1 to Contract No. 12-17 in the Amount of $142,331.10 and Accept Construction of Project No. CP1216, 2012 Arterial & Collector Crack Seal Project. Chairman Wagner asked if the crack seal material tracks on to vehicles right after it is applied. Street Systems Engineer Wickstrom answered the contractor used a product to seal the material after it was put down and that he is unaware of any claims filed in regards to this project. Assistant City Engineer Gaub responded to questions asked by Vice- Chair Peloza regarding retainage payments to the contractor and the budget status sheet. Motion Carried Unanimously. 3-0. III. ORDINANCES A. Ordinance No. 6439* (Dowdy) An Ordinance of the City Council of the City of Auburn, Washington, Adding New Sections 8.08.175, 8.08.182, 8.08.183, 8.08.184, 13.06.355, 13.06.364, 13.06.366, 13.06.438, 13.20.438, 13.20.444, Page 3 of 13 PW.1 Page 28 of 196 13.20.448, 13.48.085, 13.48.094, 13.48.096, 13.48.098 of the Auburn City Code Relating to Utility Classifications Councilmember Peloza moved and Councilmember Osborne seconded to recommend that City Council introduce and adopt Ordinance No. 6439, as amended. T his ordinance was discussed prior to the Resolutions section of the Agenda. City Attorney Heid explained that in preparing the Master Agreement/Provisions for the Municipal Utility Services on Trust Lands staff determined that a separate class of utility customers must be generated because the City does not currently have code that supports separate treatment for non-lienable properties that receive utility services. A separate class of utility customers was created for each of the utilities that the City provides. City Attorney Heid stated that the classes had to be created for each utility individually because not every customer has all of the utilities. City Attorney Heid said that included in the Ordinance are mechanisms for enforcement of the utility bills through a deposit rather than liens, as discussed at previous Public Works Committee meetings. Heid stated that the code update applies to not only the Muckleshoot Tribal Lands, but also to lands on the reservation owned by native peoples and federal government property or any other property the City cannot lien. City Attorney Heid answered questions asked by Chairman Wagner regarding a termination clause. Heid stated that the new classes of customers would be permanent until changed by the City Council and there is no termination clause. City Attorney Heid addressed questions asked by Vice-Chair Peloza regarding the waiver of deposit for humanitarian purposes, under the code. Heid noted that the waiver is for only the deposit and not the utility billing. Member Osborne asked if the deposits would need to be collected from existing federal government customers. City Attorney Heid responded that the deposit is required from new customers only. The Committee and City Attorney Heid discussed defining the term “hardship.” Finance Director Coleman discussed the existing standards for the senior, low-income, disabled utility program and recommended Page 4 of 13 PW.1 Page 29 of 196 applying similar standards to the hardship waiver. The Committee agreed. City Attorney Heid stated that the same criteria may be used even if the low-income/disabled status may not be applicable. Chairman Wagner and Member Osborne asked that it be clarified that the deposit would be required for new customers only. Finance Director Coleman noted that the draft policy for administration of non- lienable accounts does speak about new applications and customers with accounts not in good standing who move to new accounts. City Attorney Heid stated that is can be included in the ordinance as well. Motion Carried Unanimously. 0-0. IV. RESOLUTIONS A. Resolution No. 4874 (Mund) A Resolution of the City Council of the City of Auburn, Washington, Setting a Public Hearing to Consider the Vacation of 2nd Street NE Between 1st Street NE and 3rd Street NE and the Alley Between 2nd Street NE and 3rd Street NE, East of E Street NE, within the City of Auburn, Washington Councilmember Peloza moved and Councilmember Osborne seconded to recommend City Council adopt Resolution No. 4874. Engineering Aide Mund was present. Assistant Director/City Engineer Selle answered questions asked by Member Osborne regarding the coordination of termination of utility lines. Motion Carried Unanimously. 0-0. B. Resolution No. 4883* (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor and City Clerk to Enter into a Master Agreement/Provisions for Municipal Utility Services on Trust Lands Councilmember Peloza moved and Councilmember Osborne seconded to recommend City Council adopt Resolution No. 4883, as amended. The item was discussed prior to Resolution A. City Attorney Heid noted that there were two issues that were not clearly endorsed by the attorneys for the tribe that are included in the agreement, one being the indemnification language which suggested revisions was going to be provided by the tribe’s attorneys but has not yet been received by the City. The other issue was language which the City did not accept regarding the ability for the tribe, on behalf of itself, Page 5 of 13 PW.1 Page 30 of 196 for its members, to challenge the designation of the storm water utility versus a tax. The tribe was notified that the City did not accept the language. Vice-Chair Peloza noted his hesitation to forward the agreement to the full Council without the issues noted by City Attorney Heid resolved. Heid explained that the Council may endorse the agreement, which may never become operative if not signed by both parties. City Attorney Heid stated that the resolution had been modified, adding the language “or designee” to Section I on Page 1, because under City Code the City Engineer is able to sign these types of agreements. Vice-Chair Peloza noted an error in Section II. City Attorney Heid stated that he will make a correction. City Attorney Heid explained that the Muckleshoot Tribe has said that they have relationships with other tribes that would still fall within their authority, in response to a question asked by Chairman Wagner. Chairman Wagner asked why residential property is the only type identified. Heid answered that the specific agreement is for residential development by the tribe and differs from the ordinance previously discussed. Chairman Wagner asked how the reduced deposit will be calculated. Finance Director Coleman stated she will have guidelines and a policy developed. City Attorney Heid spoke about a tribal guarantee of deposits. Assistant Director/City Engineer Selle answered questions asked by Chairman Wagner regarding the possible revisions to plans that may be required on extensions inactive for a period of six months. Assistant Director/City Engineer Selle responded to questions asked by Chairman Wagner regarding the Utility Right-of-Way Easement. City Attorney Heid stated that the Fire Marshall, VRFA, is a necessary partner in the City’s building code requirements, in response to a question asked by Vice-Chair Peloza. Heid stated that this agreement is a standard development agreement used by the City. Assistant Director/City Engineer Selle said that service area limits coincide with the City Limits boundary, in response to a question asked by Member Osborne. City Attorney Heid noted that if the City Limit boundary were to change the VRFA service area boundary Page 6 of 13 PW.1 Page 31 of 196 would expand with it and noted that the agreement would only apply to properties within the City Limits that are provided utility services. Vice-Chair Peloza asked that all figures in the agreement include a 2- digit place holder. Chairman Wagner asked for a definition of “performance period.” City Attorney Heid suggested changing the language to read, “Through the term of this agreement.” The Committee agreed. The Committee and City Attorney Heid agreed to change the language in Section X from “mutually negotiated” to “mutually agreed.” Assistant Director/City Engineer Selle explained that part of the fee developers pay the City helps to cover the cost of construction inspection, in response to a question asked by Chairman Wagner. Finance Director Coleman answered questions asked by Chairman Wagner regarding solid waste service and the requirements for the tribe if they were to initiate their own solid waste service. Vice-Chair Peloza asked that the words “of Washington State Law” be added to the second sentence in Section XX. City Attorney Heid answered questions asked by Chairman Wagner regarding Section XXV, Governing Law. Heid pointed out that it is to the City’s advantage to have any questions of law regarding the City’s agreements decided in King County Superior Court rather than Federal Court. The Committee and staff discussed the different language that has been used in agreements with the tribe in the past. Member Osborne asked if the agreement needs to be approved by any other entity other than the Muckleshoot Indian Tribe. City Attorney Heid stated that right now the agreement will only go back to the tribe for approval. The Committee and staff discussed the addition of a termination clause. Member Osborne asked about the addition of inclusion of System Development Charges (SDCs) in the agreement. Assistant Director/City Engineer Selle stated specifics about SDCs are stated on page 12 of the agreement. Motion Carried Unanimously. 0-0. Page 7 of 13 PW.1 Page 32 of 196 V. DISCUSSION ITEMS A. Financial Options Available to the City of Auburn (Coleman) Finance Director Coleman stated that in conjunction with discussion of the financial options, the Mayor requested that Public Works staff present a portion of the Transportation Program. The Committee discussed Discussion Item B. The Committee reviewed the materials provided by the Finance Department. Mayor Lewis discussed the options available to use to generate the $5M needed to fund the preservation of the arterial and collector streets. These options include the B&O tax, regulatory license fees, the Metropolitan Parks District, a combination of B&O, regulatory license fees, and a $20.00 annual car tab fee for the Transportation Benefits District. Mayor Lewis answered questions asked by Vice- Chair Peloza regarding how the regulatory license fees are calculated. Chairman Wagner noted a combination of options may be implemented. The Committee discussed the options used by the City of Kent. The Committee reviewed the Local Business Tax Rates (B&O) that other jurisdictions have instated. Mayor Lewis asked Finance Director Coleman for a comparison of what other jurisdictions are charging for regulatory fees. The Committee and Mayor Lewis discussed the types of businesses that would be affected if a B&O tax were to be implemented. Member Osborne asked if the City could make sure any revenue generated from a B&O tax, regulatory fee, or car tab fee would only be used to fund a Transportation Benefit District. Mayor Lewis confirmed that to be correct. Mayor Lewis stated that he feels there should be two restrictions on any method to raise money, the first being the fund will go directly into Transportation and the second being if any equivalent or superior funding source is approved in the future, the tax and/or fees will sunset. The Committee agreed. The Committee and Mayor Lewis discussed when and how the sunset would work. The Committee and staff reviewed the changes to long-term liabilities. Mayor Lewis, the Committee, and Finance Director Coleman discussed future bonding debt. Page 8 of 13 PW.1 Page 33 of 196 Finance Director Coleman stated that before any debt is issued that is not voter approved; a funding stream should be identified to make repayment. Coleman pointed out that long-term leases go against the City’s debt capacity. The Committee and staff reviewed the Utility Tax Rates on Inside City Utilities spreadsheet. B. Arterial Street Preservation Needs (Para/Wickstrom) Transportation Manager Para distributed a handout outlining the Arterial/Collector Street Funding Scenarios, a map showing the remaining arterial and collector street work in the current program and a map showing the projected pavement condition in 5 years without additional funding. Director Dowdy explained that the handout covers what the City’s estimated 5 year needs would be and the cost of bringing the system back to a PCI of 70 over a ten year period and the revenue needed to bring the system back to a PCI of 70 over a twenty year period. Transportation Manager Para stated that the $6.2M per year funding will bring the system back to a PCI of 70 in approximately twenty years and $6.7M per year funding will bring it back in approximately ten years, in response to a question asked by Chairman Wagner. Director Dowdy said that if the City receives no additional funding a good part of the streets needing patching and/or a thick overlay will need to be rebuilt and the streets needing a thick overlay will need pavement patching. Mayor Lewis spoke about various measures other jurisdictions are taking to try and cover cost of maintaining their street systems. The Committee and staff discussed the cost of various pavement treatments. Director Dowdy reported that the cost of chipseal is approximately $12.00 per square yard and a thick overlay is approximately $35.00 per square yard. Mayor Lewis pointed out that there will be a decreased opportunity to treat the roadways with chipseal and overlays over the next five years. Director Dowdy stated that in the valley, the cost of a rebuild can reach $185.00 - $200.00 per square yard and on the hillside the cost is approximately $100.00 per square yard. Chairman Wagner asked staff to prepare a document that lists the cost of pavement treatments and some examples of completed projects. Mayor Lewis asked for cost estimates to be added to the maps. Page 9 of 13 PW.1 Page 34 of 196 C. Ordinance No. 6421 (Coleman) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING ORDINANCE NO. 6339, THE 2011-2012 BIENNIAL BUDGET ORDINANCE AS AMENDED BY ORDINANCE NO. 6351, ORDINANCE NO. 6352, ORDINANCE NO. 6362, ORDINANCE NO. 6370, ORDINANCE NO. 6378, ORDINANCE NO. 6379, ORDINANCE NO. 6400, AND ORDINANCE NO. 6410, AUTHORIZING AMENDMENT TO THE CITY OF AUBURN 2011- 2012 BUDGET AS SET FORTH IN SCHEDULE "A" AND SCHEDULE "B" The Committee supported introduction and adoption of Ordinance No. 6421. D. Resolution No. 4873 (Coleman) Auburn Area Chamber of Commerce Contract Mayor Lewis verified that the contract is the same as last year’s, following a question asked by Chairman Wagner. Mayor Lewis answered questions asked by Vice-Chair Peloza regarding the work the Chamber does to support the Airport. The Committee supported adoption of Resolution No. 4873. E. Resolution No. 4879 (Coleman) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor and City Clerk to Execute an Agreement for Services with Washington2 Advocates, LLC for Consulting Services on Various Municipal Functions, Tasks, and Projects Mayor Lewis verified that the contract is the same as last year’s, following a question asked by Chairman Wagner. Mayor Lewis responded to questions asked by Vice-Chair Peloza regarding the report provided by the consultant. Chairman Wagner asked the Mayor to provide a public statement regarding the return for the City from the agreement. The Committee supported adoption of Resolution No. 4879. F. System Development Charge Review (Repp/Chaw) Utilities Engineer Repp provided the Committee with an overview of System Development Charges (SDCs) presentation. Utilities Engineer Repp discussed the options available for the next steps regarding SDCs. The options that are available to the Committee are leaving the SDCs in the current state, change the Page 10 of 13 PW.1 Page 35 of 196 SDCs in relation to what other similar utilities use, or staff can perform a detailed analysis looking at the SDCs and how they relate to the City’s existing infrastructure and capacity related capital projects. Chairman Wagner discussed the benefits of subsidizing growth. Chairman Wagner pointed out that there has not been analysis done on how much the City gets from REET, how much the City gets in new roads, and other benefits, or an effort to analyze if “growth pays for growth.” Chairman Wagner pointed out that some jurisdictions do not apply SDCs for all of their utilities. Member Osborne spoke about comparing the cost of building a home in the City versus other jurisdictions. Chairman Wagner pointed out that there are several different types of developments that could be examined, such as warehouses or other businesses, in trying to determine the benefits that the City gets from growth, and such an analysis would be time consuming. Chairman Wagner requested an analysis detailing all of the costs associated with building a home, all of the fees, all of the SDCs, all of the hook-ups, and all of the other fees charged to a developer or home builder, to be reviewed in approximately a month. Chairman Wagner asked that notes regarding what other jurisdictions charge be included. Utilities Engineer Repp spoke about some of the difficulties in comparing development costs between jurisdictions. Chairman Wagner suggested that for any jurisdiction where a comparison is not feasible, to make note of it, “not comparable.” Utilities Engineer Repp explained that staff is recommending that the analysis of SDCs be performed according to industry standards and use the City’s capital projects and plant worth. Chairman Wagner asked for the City’s current asset worth and the City’s capital facilities plan is to determine what percentage of the SDC pays for “buying in” and what percentage pays for new growth and replacement. Chairman Wagner stated the Committee needs to get a context for how much contribution the SDCs make to the capital budgets of each utility as compared to the rate payers bond debt for the utilities. Chairman Wagner also would like the Committee to review of lieu of payments and lieu of assessments, administrative procedures for crediting SDCs, waiving SDCs and another processes that affect the SDCs. Utilities Engineer Repp answered that there is no annual rate increase for the SDCs, in response to a question asked by Member Osborne. Vice-Chair Peloza requested that yearly review of the SDCs be added Page 11 of 13 PW.1 Page 36 of 196 to the Action Matrix. The Committee agreed. Utilities Engineer Repp stated that staff may need assistance from a consultant to complete the analysis. Utilities Engineer Repp suggested that staff return to the Committee with preliminary scope of items and work that will be needed. Chairman Wagner agreed. Chairman Wagner asked if there is a template that is used to calculate SDCs credits the Committee can review. Financial Planning Manager Chaw stated that there is no template because the credits depend on the community and what the priorities are. Chaw explained some of the benefits of having a lower SDC to be an incentive for economic development. The Committee determined the cost of new water supply should be included. Chairman Wagner stated that staff should establish a separate rate class for satellite systems. The Committee agreed. G. Capital Project Status Report (Gaub) Item 9 – CP207A – A Street NW Corridor – Phase 1: Director Dowdy stated that there will be an Executive Session held at the Council Meeting to review agreements, in response to a question asked by Chairman Wagner. Item 14 – C524A – SCADA System Improvements: Chairman Wagner asked if the project will be finished in December 2012. Assistant City Engineer Gaub answered that it will not, the project will extend into 2013. Assistant City Engineer Gaub reported that the three test sites are up and running and staff is working through minor issues so that as the rest of the sites come online, the transition will go smoothly. Chairman Wagner asked if the project will remain under budget. Assistant City Engineer Gaub answered that there have been some change orders, but over all the project is generally under budget at this point. Item 15 – C201A – M Street Underpass Project: Assistant City Engineer Gaub reported that there are some delays due to weather and delivery of the bridges so the road opening will likely be in March or April and completion of all construction will likely be in July, in response to a question asked by Chairman Wagner. Assistant City Engineer Gaub reviewed how the railway tracks will be Page 12 of 13 PW.1 Page 37 of 196 raised, in response to a question asked by Member Osborne. H. Action Tracking Matrix (Dowdy) The Committee requested item A be removed because it is complete and to add yearly review of the SDCs. I. Resolution No. 4882* (Coleman) A Resolution of the City Council of the City of Auburn, Washington, Requesting Congress to Stop Federal Budget Sequestration from Going into Effect This item was discussed prior to Discussion Item A. The Committee supported adoption of Resolution 4882. VI. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 6:03 p.m. Approved this 3rd day of December, 2012. ____________________________ ______________________________ Rich Wagner, Chair Jennifer Cusmir, Department Secretary ddw Page 13 of 13 PW.1 Page 38 of 196 AGENDA BILL APPROVAL FORM Agenda Subject: November 19, 2012 Minutes Date: November 26, 2012 Department: Administration Attachments: 11-18-2012 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Partridge Staff: Meeting Date:December 3, 2012 Item Number:FN.1 AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 39 of 196 Finance Committee November 19, 2012 - 5:30 PM Annex Conference Room 1 MINUTES I. CALL TO ORDER Chair John Partridge called the meeting to order at 5:30 p.m. in Annex 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 John Partridge, Vice Chair John Holman and Member Largo Wales were present. City officials and staff members present included: Mayor Peter B. Lewis, City Attorney Daniel B. Heid, Planning and Development Director Kevin Snyder, IT Acting Director Reba Stowe, Public Works Director Dennis Dowdy, Finance Director Shelley Coleman, Solid Waste and Recycling Supervisor Joan Nelson, and Deputy City Clerk Shawn Campbell. Guests present included Scot Pondelick and Nancy Wyatt. B. Announcements There was no announcement. C. Agenda Modifications Ordinance No. 6439 and Resolution No. 4883 were added to the agenda as discussion items relating to municipal utility services on Muckleshoot Indian trust land. II. CONSENT AGENDA A. November 5, 2012 Regular Meeting Minutes Finance Committee approve the November 5, 2012 regular meeting minutes. Vice Chair Holman moved and Member Wales seconded to approve the November 5, 2012 minutes. MOTION CARRIED UNANIMOUSLY. 3-0 B. Claims Vouchers (Coleman) Claims check numbers 418330 through 418645 in the amount $5,207,703.37 and dated November 19, 2012 Page 1 of 7 FN.1 Page 40 of 196 Committee members reviewed the claims and payroll vouchers and briefly discussed claims vouchers 418363, 418376, 418416, 418532, 418540, 418587, 418535, 418459. Chair Partridge asked about the Auburn Valley Humane Society (AVHS) contractual payment. Director Coleman stated the City will send out the contractual payment of $102,548.00 as a prepay. The voucher will be included in the voucher run for approval at the December 3, 2012 Council Meeting. Member Wales inquired if the AVHS would be able to collect any further funds for the start up cost. Chair Partridge stated the contractual agreement requires AVHS to raise funds to supplement the start up cost and the City would provide the difference between the $176,000 anticipated start up cost and funds collected. At the end of twenty four months AVHS will begin repaying the contractual payment to the City. Mayor Lewis stated the City has completed the removal of sand bags along the Green River. Staff is still working on some landscaping to ensure all residents are taken care of. Member Wales moved and Vice Chair Holman seconded to approve claims and payroll vouchers. MOTION CARRIED UNANIMOUSLY. 3-0 C. Payroll Vouchers (Coleman) Payroll check numbers 533348 through 533387 in the amount of $858,720.37 and electronic deposit transmissions in the amount of $1,542,573.60 for a grand total of $2,401,293.97 for the period covering November 1-14, 2012 See claims vouchers above for approval of payroll vouchers. III. ORDINANCES A. Ordinance No. 6425 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, authorizing the levy of regular property taxes by the City of Auburn for collection in 2013 Director Coleman stated the ordinance is for the 2013 property tax levy. The final assessed value will be reported to the City by mid December. Member Wales moved and Vice Chair Holman seconded to approve and forward Ordinance No. 6425 to the full Council. MOTION CARRIED UNANIMOUSLY. 3-0 B. Ordinance No. 6427 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, Page 2 of 7 FN.1 Page 41 of 196 amending Section 3.80.060 of the Auburn City Code relating to the tax on social card games Director Coleman stated the ordinance is regarding card room taxes. Mr. Kealy provided the City a promissory note for $102,000 and a check for $52,000 for the third quarter card room taxes. Chair Partridge noted the four percent tax does not have a sunset clause. Member Wales moved and Vice Chair Holman seconded to approve and forward Ordinance No. 6427 to the full Council. MOTION CARRIED UNANIMOUSLY. 3-0 IV. RESOLUTIONS A. Resolution No. 4880 (Coleman) A Resolution of the City Council of the City of Auburn, Washington, amending the City of Auburn Fee Schedule to adjust for 2013 fees Director Coleman stated the Resolution is the annual adjustment of City fees for current rates for 2013. Changes were made to the airport, cemetery and park and recreation fees. Member Wales moved and Vice Chair Holman seconded to approve and forward Resolution No. 4880 to the full Council. MOTION CARRIED UNANIMOUSLY. 3-0 B. Resolution No. 4882 (Coleman) A Resolution of the City Council of the City of Auburn, Washington, requesting Congress to stop federal budget sequestration from going into effect Mayor Lewis stated the Association of Washington Cities, National League of Cities, the US Conference of Mayors and many other entities have requested the City pass a resolution requesting the legislator not allow budget sequestration to become effective. The City of Auburn is joined by most cities in King and Pierce counties in this request. The result of sequestration to the City would be extremely disruptive as most federal funding would be eliminated. Vice Chair Holman moved and Member Wales seconded to approve and forward Resolution No. 4882 to the full Council. MOTION CARRIED UNANIMOUSLY. 3-0 V. DISCUSSION ITEMS Page 3 of 7 FN.1 Page 42 of 196 A. September 2012 Financial Report (Coleman) Director Coleman stated the City is on target regarding property tax, and sales tax has rebound some. Director Coleman explained how the financial report document is designed to show revenue and expenses from a year to date point of view and then month over month for the past three years. Member Wales stated Association of Washington Cities recommends reporting in this manner. The trend showing the Cemetery's operating budget reduced year to date is attributed to a vacant position. Director Coleman stated the golf course expenditures are expected to total approximately $4,000.000 in 2012. B. Ordinance No. 6421 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 6339, the 2011-2012 Biennial Budget Ordinance as amended by Ordinance No. 6351, Ordinance No. 6352, Ordinance No. 6362, Ordinance No. 6370, Ordinance No. 6378, Ordinance No. 6379, Ordinance No. 6400, and Ordinance No. 6410, authorizing amendment to the City of Auburn 2011-2012 Budget as set forth in schedule "A" and schedule "B" Director Coleman introduced Budget Amendment No. 9. This amendment will clean up items at the end of this biennium. The City will be reviewing the Redflex contract after the first of the year. C. Ordinance No. 6424 (Snyder/Heid) An Ordinance of the City Council of the City of Auburn, Washington related to animal control, amending Title 6 of the Auburn City Code by adding new Chapters 6.01, 6.02 and 6.04 of the City Code amending Chapter 6.35 of the City Code and repealing Chapter 6.32 of the City Code Director Snyder stated this resolution is regarding animal control. The City felt it was beneficial to have the language added to the Municipal Code regarding animal control. Previously it was adopted by reference from the King County code. The regulations would be effective January 1, 2013. D. Ordinance No. 6432 (Coleman) An Ordinance of the City Council of the City Of Auburn, Washington, adopting the 2013-2014 Bienniel Budget for the City of Auburn, Washington Director Coleman stated this Ordinance is to adopt the 2013 - 2014 biennial budget. The general fund budget for 2013 is $62,500,000. The total budget for the City of Auburn is $226,354,993. Member Wales inquired when the Councilmembers would be meeting to develop the smart goals. Mayor Lewis stated he is going to request Council attend a financial retreat after the first of year. Page 4 of 7 FN.1 Page 43 of 196 E. Ordinance No. 6438 (Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 8.08.180 of the Auburn City Code relating to solid waste collection charges Director Coleman stated this ordinance increases solid waste rates in 2013. Member Wales stated a goal of the Council it to move away from commercial subsidies over the next five years. This ordinance supports that goal. F. Resolution No. 4868 (Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to modify the City of Auburn Master Fee Schedule for the purpose of adding a new section entitled animal license fees Director Snyder stated this resolution is regarding fees and late payments for animal licensing and, it is consistent with King County’s pet licensing fees. The City's goal is to facilitate a smooth transition. Member Wales expressed her concerns regarding Chair Partridges participation in the Auburn Valley Humane Society (AVHS). She requested he recuse himself from future votes regarding AVHS. City Attorney Heid responded to a question saying typically a request for a member to recuse himself from a vote is taken to the member, then to the chair, then to the body as a whole. Currently there is no action required by this committee. Member Wales stated she is very pleased with the outcome of the relationship with AVHS. Her concern is whom Councilmember Partridge represents in this issue. She wants everything to be above board and transparent. Vice-Chair Holman clarified Councilmember Partridge’s role in the AVHS and his input on the decision-making process. Member Partridge confirmed he had no input or decision making power on this issue. G. Resolution No. 4873 (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and the City Clerk to execute an agreement for services between the City of Auburn and the Auburn Area Chamber of Commerce to operate a visitor information center, promote tourism awareness within the city and to provide services associated with supporting the city's economic development efforts Director Coleman said this resolution is regarding the annual contract with Auburn Area Chamber of Commerce. Per the contract the City pays for a portion of a staff member's salary at the Chamber, the visitor information store front, and the economic development efforts by the Chamber for the City. The Chamber reports on all areas annually. Mayor Lewis stated the Hotel / Motel tax collects approximately $80,000 a year that is spent on tourism. Page 5 of 7 FN.1 Page 44 of 196 Nancy Wyatt, Auburn Area Chamber of Commerce President and CEO, stated she has seen an increase of people coming through the Chamber. She said they have had people referred to Auburn through the tourism website, Chamber website, and the school district website. The Chamber is very excited about continued partnerships with Economic Development Manager Doug Lein and Economic Development Planner Bill Thomas. She added there is a slight uptick in business revenue. The Chamber has retained 98 percent of their members in 2012. Member Wales inquired regarding the number of the businesses that dropped their Chamber membership due to going out of business. Ms. Wyatt stated none in 2012 but approximately 25 in 2011. Ms. Wyatt said the Chamber is doing more for the members and community and is very excited about ways they are able to help members. Member Wales suggested the Chamber could consider partnering with the equestrian center. Ms. Wyatt said the Chamber board is opening a subsidiary called Washington Horse Country. H. Resolution No. 4879 (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a contract with Washington Advocates, LLC, for consulting services Mayor Lewis said the agreement with Washington advocates LLC gives very general scope of work to allow for changes depending on the needs of the City. Vice Chair Holman stated if a city did not have individual advocates they could use National League of Cites and Association of Washington Cities and those organizations represent a large number of jurisdictions. Having individual is very beneficial to the City. I. Financial Options Available to the City of Auburn (Coleman) The Financial Options discussion was tabled to the December 5, 2012 Finance Committe Meeting. J. Ordinance 6439 City Attorney Heid stated the Public Works Committee made additional changes to clarify this ordinance. The ordinance relates to new accounts and not existing accounts. It also establishes the criteria for low income, disabled and low income senior discounts. The request was generated from the Muckleshoot Indian Tribe (MIT). Mayor Lewis stated there is agreement between the City and MIT on most of the agreement. One issue the City would not agree to is verbiage in the ordinance stating the MIT has the right to sue the City. There is some immediacy needed to allow individuals to have utility service. City Attorney Heid said MIT will guarantee the deposit amount for their members. K. Resolution 4883 Page 6 of 7 FN.1 Page 45 of 196 City Attorney Heid stated the master agreement relates to Ordinance No. 6439 allowing the Muckleshoot Indian Tribe to develop property with the assurance of getting utilities services from the City of Auburn. This agreement puts in writing what the City is willing to provide. The ordinance creates the classes and the agreement has more detail regarding the specifics. VI. ADJOURNMENT There being no further business to come before the Committee, the meeting adjourned at 7:00 p.m. APPROVED the 3rd day of December, 2012. _____________________________ _____________________________ John Partridge, Vice Chair Shawn Campbell, Deputy City Clerk Page 7 of 7 FN.1 Page 46 of 196 AGENDA BILL APPROVAL FORM Agenda Subject: November 19, 2012 Regular Meeting Minutes Date: November 27, 2012 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:December 3, 2012 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 47 of 196 City Council Meeting November 19, 2012 - 7:30 PM Auburn City Hall MINUTES Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER A. Flag Salute Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. in the Auburn City Hall Council Chambers, located at 25 West Main Street, and led those in attendance in the Pledge of Allegiance. B. Roll Call Councilmembers present: Rich Wagner, Nancy Backus, Bill Peloza, John Partridge, Largo Wales, Wayne Osborne and John Holman. Department directors and staff members present: City Attorney Daniel B. Heid, Public Works Director Dennis Dowdy, Planning and Development Director Kevin Snyder, Finance Director Shelley Coleman, Human Resources / Risk Management Director Brenda Heineman, IT Acting Director Reba Stowe, Police Chief Bob Lee, Parks Arts and Recreation Director Daryl Faber, and Deputy City Clerk Shawn Campbell. C. Announcements, Appointments, and Presentations There were no announcements, appointments or presentations. D. Agenda Modifications Ordinance No. 6439 and Resolution No. 4883 were added to the agenda. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. 2013-2014 Preliminary Biennial Budget (Partridge/Coleman) All persons interested are encouraged to participate in this public hearing by making comments, proposals, and suggestions for the City Council and Mayor to consider prior to adoption of the City of Auburn 2013 - 2014 Biennial Budget. Director Coleman presented the proposed 2013 - 2014 budget. The Council has attended five full Council workshops reviewing the two year budget. The Council is also considering the property tax levy this evening that consists of a one percent increase plus new construction. The final assessed value numbers have not been released by the County at this time. Deputy Mayor Backus expressed her appreciation for Director Coleman and her staff in assisting Council during the budget process. Page 1 of 8 CA.A Page 48 of 196 Mayor Lewis opened the public hearing at 7:35 p.m. There being no public comment, the hearing was closed. 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 reminded to sign in on the form provided. Virginia Haugen, 2503 R Street SE, Auburn WA Ms. Haugen stated she does not like it when people complain about the City but will not attend meetings or get involved. She also congratulated the School District on passing their bond. C. Correspondence There was no correspondence. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Peloza reported the Municipal Services Committee met on November 16, 2012. The Committee forwarded to full Council for consideration Ordinance No. 6438 relating to solid waste collection charges and Resolution No. 4872 regarding a prescription medication return program. The Committee also discussed Resolution No. 4880 and Ordinance No. 6424 and reviewed the Committee's matrix. The next regular meeting of the Municipal Services Committee is scheduled for November 26, 2012 at 3:30 p.m. B. Planning & Community Development Chair Backus reported the Planning and Community Development Committee met November 13, 2012. The Committee received a presentation of the Hearing Examiner decisions for the past year. The Committee also discussed Resolution No. 4874, and the 2012 Comprehensive Plan amendments. Mayor Lewis updated the Committee on the King County Transfer station. The next regular meeting of the Planning and Community Development Committee is scheduled for November 26, 2012 at 5:00 p.m. C. Public Works Chair Wagner reported the Public Works Committee met this afternoon at 3:30. The Committee approved right of way permits, on call agreements, Public Works Project CP0915 for Well 1 Transmission Line, final pay estimate for Public Works project CP1216, Ordinance No. 6439 relating to utility classifications, Resolution No. 4883 for a master agreement for municipal utility services on trust lands and Resolution No. 4874 regarding setting a public hearing for a street vacation on 2nd Street. The Committee received a presentation of potential revenue sources for the City, and street preservation. The Committee discussed Ordinance No. 6421 and Resolution No. 4873. The next regular meeting of the Public Works Committee is scheduled for December 3, 2012 at 3:30 p.m. D. Finance Page 2 of 8 CA.A Page 49 of 196 Chair Partridge reported the Finance Committee met this evening at 5:30. The Committee reviewed claims vouchers totaling approximately $5 Million and payroll vouchers of approximately $2.4 Million. The Committee forwarded Ordinance No. 6425 regarding the property tax levy, Ordinance No. 6427 related to the tax on social card games, Resolution No. 4880 regarding the City of Auburn Fee Schedule and Resolution No. 4882 requesting Congress to stop federal budget sequestration from going into effect to the full Council for consideration. The Committee discussed the financial report, Ordinance No.6421, Ordinance No. 6424, Ordinance No. 6432 and Ordinance No. 6438. The Committee also discussed Resolution No. 4868, Resolution No. 4873 and Resolution No. 4879. The next regular meeting of the Finance Committee is scheduled for December 3, 2012 at 5:30 p.m. E. Les Gove Community Campus Chair Wagner reported the Les Gove Community Campus Committee met November 7, 2012. The Committee discussed potential operating costs for the Community Center. The Community Center would require approximately $135,000 subsidy to meet operational expenses. The next regular meeting of the Les Gove Community Campus is scheduled for December 11, 2012. F. Council Operations Committee The next regular meeting of the Council Operations Committee is scheduled December 3, 2012 at 5:00 p.m. IV. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. November 5, 2012 Regular Meeting Minutes B. Claims Vouchers (Partridge/Coleman) Claims check numbers 418330 through 418645 in the amount $5,207,703.37 and dated November 19, 2012. C. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 533348 through 533387 in the amount of $858,720.37 and electronic deposit transmissions in the amount of $1,542,573.60 for a grand total of $2,401,293.97 for the period covering November 1-14, 2012 D. Annual On-Call Agreements (Wagner/Dowdy) City Council approve the Annual On-Call Professional Service Agreements and Amendments for 2013 E. Public Works Project No. CP0915 (Wagner/Dowdy) City Council award Contract No. 12-04, to Scarsella Brothers, Inc. on their low bid of $1,511,957.00 plus Washington State sales tax of $64,412.33 for a total contract price of $1,576,369.33 for Project No. CP0915, Well 1 Transmission Line F. Public Works Project No. CP1216 (Wagner/Dowdy) City Council approve Final Pay Estimate No. 1 to Small Works Contract No. 12- 17 in the amount of $142,331.10 and accept construction of Project No. CP1216, 2012 Arterial and Collector Crack Seal Project Page 3 of 8 CA.A Page 50 of 196 Deputy Mayor Backus moved and Councilmember Wagner seconded to approve the Consent Agenda. The Consent Agenda includes minutes, claims vouchers, payroll vouchers, approval of on-call agreements, awarding contract No. 12-04 to Scarsella Brothers for Project CP0915, and approval of final pay estimates for Public Works Project No. CP1216. MOTION CARRIED UNANIMOUSLY. 7-0 V. UNFINISHED BUSINESS There was no unfinished business. VI. NEW BUSINESS There was no new business. VII. ORDINANCES A. Ordinance No. 6424 (Peloza/Snyder/Heid/Lee) An ordinance of the City Council of the City of Auburn, Washington related to animal control, amending Title 6 of the Auburn City Code by adding new Chapters 6.01, 6.02 and 6.04 of the City Code amending Chapter 6.35 of the City Code and repealing Chapter 6.32 of the City Code Councilmember Peloza moved and Councilmember Osborne seconded to adopt Ordinance No. 6424. MOTION CARRIED UNANIMOUSLY. 7-0 B. Ordinance No. 6425 (Partridge/Coleman) An Ordinance of the City Council of the City of Auburn, Washington, authorizing the levy of regular property taxes by the City of Auburn for collection in 2013 Councilmember Partridge moved and Councilmember Holman seconded to adopt Ordinance No. 6425. MOTION CARRIED UNANIMOUSLY. 7-0 C. Ordinance No. 6427 (Partridge/Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 3.80.060 of the Auburn City Code relating to the tax on social card games Councilmember Partridge moved and Councilmember Holman seconded to adopt Ordinance No. 6427. Councilmember Partridge stated this Ordinance sets the gaming tax to four percent without a sunset date. MOTION CARRIED UNANIMOUSLY. 7-0 D. Ordinance No. 6436 (Backus/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, approving the request of Terrace View Properties LLC for rezoning of two parcels totaling approximately 2.27 acres from C1, light commercial, to C3, heavy commercial, Page 4 of 8 CA.A Page 51 of 196 to implement the Comprehensive Plan and amending the City's zoning maps Deputy Mayor Backus moved and Councilmember Partridge seconded to adopt Ordinance No. 6436. Deputy Mayor Backus said this Ordinance changes the zoning on two properties. The City did not receive any appeals for this rezone. MOTION CARRIED UNANIMOUSLY. 7-0 E. Ordinance No. 6438 (Peloza/Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 8.08.180 of the Auburn City Code relating to solid waste collection charges Councilmember Peloza moved and Councilmember Osborne seconded to adopt Ordinance No. 6438. MOTION CARRIED UNANIMOUSLY. 7-0 F. Ordinance 6439 An Ordinance of the City Council of the City of Auburn, Washington, adding new sections 8.08.175, 8.08.182, 8.08.183, 8.08.184, 13.06.355, 13.06.364, 13.06.366, 13.06.368, 13.20.438, 13.20.444, 13.20.448, 13.48.085, 13.48.094, 13.48.096, 13.48.098 of the Auburn City Code relating to utility classifications Councilmember Wagner moved and Councilmember Peloza seconded to adopt Ordinance No. 6439. This Ordinance creates new classifications for properties that cannot be liened. MOTION CARRIED UNANIMOUSLY. 7-0 VIII. RESOLUTIONS A. Resolution No. 4868 (Peloza/Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to modify the City of Auburn master fee schedule for the purpose of adding a new section entitled Animal License Fees Councilmember Peloza moved and Councilmember Osborne seconded to adopt Resolution No. 4868. Councilmember Peloza stated this resolution is a part of the transition of animal licensing from King County to Auburn Valley Humane Society. Councilmember Wales read a statement requesting Councilmember Partridge recuse himself from the vote due to his close relationship with the Auburn Valley Humane Society. MOTION CARRIED. 6-1 Councilmember Wales voted no. B. Resolution No. 4872 (Peloza/Coleman) A Resolution of the City Council of the City Of Auburn, Washington, supporting creation of a secure, convenient medicine return program in King County to Page 5 of 8 CA.A Page 52 of 196 reduce the public safety and environmental impacts of unwanted medicine Councilmember Peloza moved and Councilmember Osborne seconded to adopt Resolution No. 4872. Councilmember Peloza stated this resolution supports a program that will allow for the return of unwanted prescription medication. MOTION CARRIED UNANIMOUSLY. 7-0 C. Resolution No. 4874 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, setting a public hearing to consider the vacation of 2nd Street NE between 1st Street NE and 3rd Street NE and the alley between 2nd Street NE and 3rd Street NE, east of E Street NE, within the City of Auburn, Washington Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4874. MOTION CARRIED UNANIMOUSLY. 7-0 D. Resolution No. 4880 (Partridge/Coleman) A Resolution of the City Council of the City of Auburn, Washington, amending the City of Auburn Fee Schedule to adjust for 2013 fees Councilmember Partridge moved and Councilmember Holman seconded to adopt Resolution No. 4880. Councilmember Partridge stated the resolution is the annual update of the City fee schedule. MOTION CARRIED UNANIMOUSLY. 7-0 E. Resolution No. 4882 (Partridge/Coleman) A Resolution of the City Council of the City of Auburn, Washington, requesting Congress to stop federal budget sequestration from going into effect Councilmember Partridge moved and Councilmember Holman seconded to adopt Resolution No. 4882. MOTION CARRIED UNANIMOUSLY. 7-0 F. Resolution No. 4883 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to enter into a Master Agreement/Provisions For Municipal Utility Services On Trust Lands Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4883. Councilmember Wagner stated this has been under discussion for several months. The Resolution details how the City and the Muckleshoot Indian Tribe (MIT) will interact during development of new residential properties on the reservation. The MIT requested the agreement. MOTION CARRIED UNANIMOUSLY. 7-0 Page 6 of 8 CA.A Page 53 of 196 IX. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council Deputy Mayor Backus reported she attended the Board of Governance meeting of the Valley Regional Fire Authority, several Veterans Day activities, and the ribbon cutting for the King County Housing Authority at Firwood Circle. Councilmember Wagner reported he attended the Regional Access Mobility Partnership (RAMP) meeting, the Valley Regional Fire Authority budget meeting and the Pierce County Regional Council meeting. Councilmember Wales reported she attended the RAMP meeting, Median Committee meeting, Veterans Day Parade, Suburban Cities Association (Sound Cities Association) meeting, and a fund raiser of Auburn Valley Humane Society. She noted she has been appointed to the King County Health Board. Councilmember Holman reported he attended the Washington State Forensic Investigations Council meeting. Mayor Lewis noted Councilmember Holman was also appointed to the Washington State Growth Management Act Board. Councilmember Peloza reported he attended the Regional Water Quality meeting, King County Solid Waste Advisory Board meeting, Veterans Day activities, monthly Senior Center Coffee Hour, CERT (Community, Emergency, Response Team) Graduation, King Conservation District annual meeting, and Suburban Cities meeting. Councilmember Peloza noted the Blue Star Memorial has been dedicated. Councilmember Osborne reported the median on Auburn Way South has been cleaned out and replanted. He attended the Airport Master Plan planning meeting. Councilmember Osborne has been selected to represent the City on the Regional Transit Committee. Councilmember Partridge reported he attended the Veterans Day activities, an Independent Living class at Auburn High School, and the SCA annual meeting. He announced Auburn Valley Humane Society's Grand Opening Gala is December 28, 2012. B. From the Mayor Mayor Lewis reported he attended the Veterans Day activities including the breakfast, parade, Noon Lion's lunch, Veterans Memorial Ceremony, dedication of the mural at Troy Field, and the marching band competition. He reported on the proposed King County Transfer station. Sound Cities Association sent a letter to King County stating the South King County residents do not need a new solid waste facility. The Green River Community College Board of trustee submitted a Race to the Top Grant for South King County. The Pathway to Success program is designed to sign children up for college. Page 7 of 8 CA.A Page 54 of 196 The City of Auburn had very low rates of enrollment previously. With this program the enrollment rate in the City of Auburn has doubled. Mayor Lewis reported the Auburn School District bond passed allowing the remodeling and renovation of the Auburn High School. He noted the district has also received a grant for preschool software that helps children learn to read. The test scores for children who used this software is leading the national average. Mayor Lewis noted the Coach Outlet has opened at the Outlet Collection in Auburn. X. EXECUTIVE SESSION At 8:49 p.m. Mayor Lewis recessed the meeting for a five minute intermission and then to an executive session for approximately fifteen minutes in order to discuss pending/potential litigation per RCW 42.30.110(1)(i). City Attorney Dan Heid, Chief of Police Lee and Public Works Director Dowdy were required for the executive session. At 8:59 p.m., Mayor Lewis reconvened the regular meeting. City attorney requested the City Council entertain a motion to approve the settlement agreement. Councilmember Wagner moved that the City authorize Mayor Lewis to execute a settlement agreement between the City and Gates, Gates, Gates LLC and Mohawk Plastics, and Burlington Northern Railway for the private crossing across A Street NW in substantially the form as presented and negotiated between the parties and authorize the Mayor to finalize the agreement accordingly. Councilmember Peloza seconded the motion. MOTION CARRIED UNANIMOUSLY. 7-0 XI. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:00 p.m. APPROVED this 3rd day of December, 2012. ________________________________ ________________________________ Peter B. Lewis, Mayor Shawn Campbell, Deputy City Clerk Page 8 of 8 CA.A Page 55 of 196 AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers Date: November 27, 2012 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: Background Summary: Claims check numbers 418646 through 418927 in the amount of $1,374,500.86 and dated December 3, 2012. Reviewed by Council Committees: Finance Councilmember:Partridge Staff:Coleman Meeting Date:December 3, 2012 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B Page 56 of 196 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers Date: November 27, 2012 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve payroll vouchers. Background Summary: Payroll check numbers 533388 through 533461 in the amount of $328,593.97 and electronic deposit transmissions in the amount of $1,230,710.73 for a grand total of $1,559,304.70 for the period covering November 15-28, 2012 Reviewed by Council Committees: Finance Councilmember:Partridge Staff:Coleman Meeting Date:December 3, 2012 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C Page 57 of 196 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1211 Date: November 27, 2012 Department: Public Works Attachments: Budget Status Sheet Pay Estimate Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council approve Final Pay Estimate No. 2 to Small Works Contract No. 12-12 in the amount of $0.00 and accept construction of Project No. CP1211 Downtown Sculpture Garden. Background Summary: This project included the design and construction of seven permanent foundations that have accommodated the installation of art sculptures throughout the Downtown area. It is the intent that these sculptures change annually. This project only focused on the construction of the foundations. The artwork portion of the project is being administer by the Parks and Recreation Department through the Planning and Community Development Committee. See the attached vicinity map showing the proposed locations. A project budget contingency of $21,926.00 remains in the 330 Local Revitalization Fund. O5.2 CP1211 Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:December 3, 2012 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINEDCA.D Page 58 of 196 Project No: CP1211Project Title: Project Manager: Kim Truong Project Initiation Initiation Date: _4/16/12_____ Permision to Advertise Advertisement Date: _7/10/2012__ Contract Award Award Date: __8/2/2012___ Change Order Approval Contract Final Acceptance Funding Prior Years 20112012 2013 Total 330 Local Revitalization Funds 70,48470,484 001 Parks Professional Services 10,00010,000 Total 0080,484080,484 Activity Prior Years 20112012 2013 Total Design Engineering - City Costs 014,96714,967 Design Engineering - Consultant Costs 09,9759,975 Construction Bid 044,48444,484 Line Item Changes 0 (17,368)(17,368) Construction Engineering - City Costs 06,5006,500 Total 0058,558058,558 Prior Years 20112012 2013 Total *330 Funds Budgeted ( )00(70,484)0(70,484) 330 Funds Needed 0048,558048,558 *330 Fund Project Contingency ( )00(21,926)0(21,926) 330 Funds Required 00000 Prior Years 20112012 2013 Total *001 Funds Budgeted ( )00(10,000)0(10,000) 001 Funds Needed 0010,000010,000 *001 Fund Project Contingency ( )00000 001 Funds Required 0 0 0 0 0 * ( # ) in the Budget Status Sections indicates Money the City has available. 330 Local Revitalization Funds Budget Status 001 General Fund Budget Status BUDGET STATUS SHEET Downtown Sculpture Garden Date: November 26, 2012 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) H:\PROJ\CP1211-Downtown Sculpture Garden\Budget_Cost Estimate\Budget Status Sheet Sculpture Garden 3.28.12.xlsx 1 of 1CA.D Page 59 of 196 CITY OF AUBURN CO.NO.12-12 CP1Y17 tioYV own Scutp4tre Oardeh PAY EBTIMATE#3&flNAL SCHEDULE'A: 8treet Improveme rts ESTiMA E TOTAL PERIOD UNIT PERCENT EST.NO. M D68CRIPTION q qNmy UNIT C08T TOTAL COST pEWpp C09T Qaon«cnen t o s sa ox2 1 1 LS S B. SAO gp,pp 13TreflkContrWLebor18029.76 HR s 7,a3s.7s So. tDOMMfownWreFOUlfdadon-5ft 6 s 7 500,pp Qp5DoMmtaanureFoundetlon-7 1 000. S 2000.0o aa toow8 _ DrnaKam ure Foundsdon' t 2. S xr00.00 S0.o0 100967DowntamScWureFoundationCover700E2A3.00 f0.0D 100% BCHEDULE TOTAL 50.00 Paiiod DaOes pegin: OrA 41,2072 End: Nw 20:2012 h pqlpelCPt211 PE.bs 7 of 3 t 1/2G2072 at 3:28 PM CA.D Page 60 of 196 CO.NO.72-12 CITY OF AUBURN CP1211,Downtown Sculpture GaMenDanmtownSculptureGardenPRO.IECT SUMMARY CO.N0.12-03 PAY ESTIMAlE p2&FINAL Orig nal ConVaet Contract Change Amount Orders Tutal Paymem This Pariod percenUCoMrectSCHEDULEAStreetImprovemeMs Contraa S 40,825.00 S 24,763:75 50.00 81%Salea Tea(+9.5%) $ 3,858.38 S 2.352.68 0.00 Rotalnape(-596) S 1.238.19) 0.00 SCHEDULETOTAL S 44,484.38 $ 25,878.12 0.00 TOTAL CONTRACT AMOUNT TO DATE (induding Sales Tax) 27,116.31 TOTAL PAYlAENT TO CONTRACTOR 25,878.12 $ PAYMENT DUE CONTRACTOR: Perbd Ostes Beyin: Oc127.2D12 Erq: Nov 20.2012 h:IproJlpeLCP1211 PEfcb 2 of 3 t7l26R072 at 926 PM CA.D Page 61 of 196 CITY OF AUBURN CO. Nd. 12-12 CP7211 PAY ESTiMATE#2&FINAL CONTRACTOR: T Miller Construction 18950 SE Green Valtey Road Aubum, WA 98092 Phone: 253-735-0150 The undeB[gned has reviewed and approved ihis final pay esNrtrete. I agree that it is a true and correct statement showing all monles due me from the Ctry af Aubum under this contrac fhat I have carefully examined the final pay esUmate estlmaGs and undeistand it end that I hereby reteasa ihe City of Aubum irom any and all ciaims of whatsoeve nature wAich 1 may have,adsing out of this corstract,which are not set forih in this estimete. PqYMENT DUE TO CONTRACTpR= 50.00 Signaturea: Contracbr T- Date "I'•lo- Inspector bl l Date % Project Manager Date ZG Zci/z, Ciry Engfneer h:lpro pe4CPM11 PE.bs 3 013 171281201Y et 9:Z8 PM CA.D Page 62 of 196 Downtown Auburn Outdoor Sculpture Gallery Revised Locations As of 7/2/2012 *6 *7 *3 *2 *1 *4 *5 CA.D Page 63 of 196 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1224 Date: November 27, 2012 Department: Public Works Attachments: Consultant Scope Summary Budget Status Sheet Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council grant permission to enter into Consultant Agreement No. AG-C-428 with Jacobs Engineering Group, Inc. for engineering services for Project No. CP1224, 2013 Local Street Pavement Reconstruction project. Background Summary: The 2013 Local Street Pavement Reconstruction project will reconstruct 0.7 miles of local streets (shown on the attached map) as part of the 2013 Save Our Streets (SOS) program. This work is funded by the 103 (Local Street) Fund. Storm drainage improvements will also be constructed on the project streets to address local storm drainage issues. This work is funded by the 103 (Local Street) Fund. The 432 (Strom Drainage) fund will pay for the design work necessary to connect the new storm drainage improvements to existing storm drainage transmission lines. This project will also replace deteriorated and undersized water mains and replace a sanitary sewer line as shown on the attached map. This work will be funded by the 430 (Water) Fund and 431 (Sewer) Fund respectively. The 430 fund will also pay for the street restoration improvements on V St SE between 3rd Ct SE and 4th St SE. This section of V St SE is in good condition and not part of the scope of the 2013 Save Our Streets program. V St SE between 2nd St SE and 3rd Ct SE is currently scheduled to be chipsealed as part of the 2013 SOS Program. This chipseal work will be complete under a separate project and paid for by the 103 fund. This work on V St SE is contingent on the available budget in the 430 (Water) fund. See attached map for more detail. City staff has selected Jacobs Engineering Group, Inc. to provide design services for the above-reference project. The Not-to-be-Exceeded amount for this agreement is $266,300. AUBURN * MORE THAN YOU IMAGINEDCA.E Page 64 of 196 Construction of this project (CP1224) is anticipated to start in June 2013. The 2013 SOS program will also overlay 0.1 mile of local streets and chipseal 1.3 miles of local streets; however, this work will be done under a separate construction contract. This project is within the budget available in the 103 (Local Street Pavement Preservation) Fund and in the 430 (Water) Fund for Street Utility Improvements. A project budget contingency of $180,000 remains in the 431 (Sanitary Sewer) and $185,000 remains in the 432 (Storm Drainage) Fund for Street Utility Improvements. O4.9.1 CP1224 Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:December 3, 2012 Item Number:CA.E AUBURN * MORE THAN YOU IMAGINEDCA.E Page 65 of 196 2012 LOCAL STREET PAVEMENT RECONSTRUCTION CONSULTANT SCOPE OF WORK SUMMARY PAGE 1 OF 1 CP1224 – 2013 Local Street Pavement Reconstruction City of Auburn Scope for Design Services - Summary This Scope of Work is for the 2013 Local Street Pavement Reconstruction project. This scope includes, design surveying, preliminary engineering, geotechnical investigations, final design (including plans, specifications, and estimates), and bidding and construction support services. Project Description The City’s 2013 Local Street Pavement Reconstruction project will rebuild the pavement on approximately 0.7 miles of local streets throughout the City. The project will also include replacing deteriorated and undersized water mains, replacing a sanitary sewer line, and installing new storm drainage infrastructure on some of the project streets. Task 1: Project Management This task will be continuous throughout the project duration, which is assumed to be approximately 12 months. It will include the work necessary to set up and plan the entire project and establish project- specific procedures, including communication, overall project coordination with the City and project team, and project closeout. Task 2: Geotechnical Investigations The Consultant will perform borings at different locations along the project streets, obtain soil samples, and analyze the boring data and soil samples. They will then prepare a report summarizing their findings. Task 3: Contract Documents and Cost Estimates The Consultant will perform design surveying, prepare construction contract documents (Construction Plans, Specifications and cost estimate) and submit them at the 15%, 50% and 95% completion levels for City review and comment. The final Contract Plans will include all complete drawings with the Consultant’s engineering stamp, date and signature. The Contract Provisions document will be complete and be ready to use during bid advertisement. The Consultant shall also prepare a final Engineer’s Estimate. Total Contract Services: $257,700 Task 4: Bidding and Construction Period Services (optional) The Consultant will be available during the bidding and construction phases of this project to answer questions from the City, meet with City staff, prepare addendums, and revise the Construction Plans and Specifications as the City determines necessary. The Consultant will also prepare the record construction drawings at the end of the project. Total Optional Contract Services: $8,600 CA.E Page 66 of 196 Project No: CP1224 Project Title: Project Manager: Seth Wickstrom Initiation/Consultant Agreement Initiation Date: __October 15, 2012___ Permission to Advertise Advertisement Date: _____________ Contract Award Award Date: ___________________ Change Order Approval Contract Final Acceptance Funding 2012 2013 Future Years Total 103 Fund - Local Street 25,0002,400,0002,425,000 430 Fund - Water (Street Utility Improvements)500,000500,000 431 Fund - Sanitary Sewer (Street Utility Improvements)200,000200,000 430 Fund - Storm Drainage (Street Utility Improvements)200,000200,000 Total 25,0003,300,00003,325,000 Activity 2012 2013 Future Years Total Design Engineering - City Costs*10,00010,000 Design Engineering - Consultant Costs25,000230,800255,800 Construction Estimate 2,536,8572,536,857 Project Contingency (10%)126,843126,843 Construction Engineering - City Costs 20,000 20,000 BUDGET STATUS SHEET 2013 Local Street Pavement Reconstruction Proj. Date: November 26, 2012 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) Construction Engineering - City Costs 20,000 20,000 Construction Engineering - Consultant Costs*10,50010,500 Total 25,0002,935,00002,960,000 *City staff costs for street design and construction are not charged against the project budget and are not shown here. 2012 2013 Future Years Total **103 Funds Budgeted ( )(25,000)(2,400,000)0(2,425,000) 103 Funds Needed 25,0002,400,00002,425,000 **103 Fund Project Contingency ( )0000 103 Funds Required 0000 2012 2013 Future Years Total **430 Funds Budgeted ( )0(500,000)0(500,000) 430 Funds Needed 0500,0000500,000 **430 Fund Project Contingency ( )0000 430 Funds Required 0000 2012 2013 Future Years Total **431 Funds Budgeted ( )0(200,000)0(200,000) 431 Funds Needed 020,000020,000 **431 Fund Project Contingency ( )0(180,000)0(180,000) 431 Funds Required 0000 2012 2013 Future Years Total **432 Funds Budgeted ( )0(200,000)0(200,000) 432 Funds Needed 015,000015,000 **432 Fund Project Contingency ( )0(185,000)0(185,000) 432 Funds Required 0000 ** ( # ) in the Budget Status Sections indicates Money the City has available. 431 Sanitary Sewer Budget Status 430 Water Budget Status 432 Storm Drainage Budget Status 103 Local Street Budget Status 1 of 1CA.E Page 67 of 196 CA.E Page 68 of 196 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6421 Date: November 21, 2012 Department: Finance Attachments: Memo Ordinance No. 6421 Budget Impact: $2,838,885 Administrative Recommendation: City Council adopt Ordinance No. 6421. Background Summary: Ordinance No. 6421 (Budget Amendment #9) amends the 2012 Adopted Budget (of the 2011-2012 biennium) as presented in the attached transmittal memorandum and supporting attachments. Reviewed by Council Committees: Finance, Public Works Councilmember:Partridge Staff:Coleman Meeting Date:December 3, 2012 Item Number:ORD.A AUBURN * MORE THAN YOU IMAGINEDORD.A Page 69 of 196 Interoffice Memorandum To: City Council From: Shelley Coleman, Finance Director CC: Pete Lewis, Mayor Date: November 14, 2012 Re: Ordinance #6421 – 2011-2012 Budget Amendment #9 This amendment is the fourth budget amendment for 2012 and the ninth budget amendment for the 2011- 2012 biennium. Proposed amendments to the 2012 budget are as follows: Transportation project funds This item budgets funding received for the M Street project and Auburn Way South sidewalk improvements. The City received a Freight Mobility Strategic Investment Board grant ($377,500) and a loan from the Washington State Public Works Trust Fund ($1.0 million) for the M Street Project and also received a grant from the Washington State Department of Transportation, Pedestrian and Bicycle Safety program ($35,500) for sidewalk improvements on Auburn Way South. Water Utility project funds This item adjusts the project budgets for several projects in the water utility consistent with the rate study as approved by Council. These projects include water utility projects associated with street utility improvements; water repair and replacements; water meter and billing improvements; and well 4 power and chlorination improvements. Flood control barrier removal This item reflects $1.2 million in funding received by the King County Flood Control District to finance the removal of flood control barriers along the Green River. Funding is administered within the Stormwater Utility. Removal of the barriers is underway and nearly complete. The project is expected to be fully completed by the end of 2012. This project is fully funded by proceeds from the District. Household hazardous waste fees This item reflects $30,000 in additional revenues collected as a result of a fee increase by King County and additional solid waste customers. The HHW fee is a King County fee that is included in monthly billings for solid waste services. Revenue collected is remitted quarterly to King County for operation of their HHW program, including the Hazardous Waste Mobile. Facility repairs and maintenance This item budgets $45,000 for additional and unanticipated repairs at various city facilities. This includes paint, siding repairs, and asbestos removal at the AVHS facility, repairs and carpet replacement at the caretaker facility at Mary Olson Farm, and miscellaneous repairs such as replacement of windows due to vandalism at the Senior Center. ORD.A Page 70 of 196 FEMA Reimbursement The Federal Emergency Management Agency has completed processing the City’s claims for costs related to the January 2012 winter storm. Funding to reimburse City costs is recognized in the amount of $309,270 and is included in several departments of the City, including the General Fund (Park s, Public Works/Emergency Management, Streets, Police and Planning/Human Services), Utilities (Water, Sewer, Stormwater), Cemetery Fund, Facilities Fund and Innovation and Technology Fund. Utility bond projects In 2010, the City issued utility bonds for the construction of major utility system improvements in the Water, Sewer and Stormwater utilities1. Per staff discussion with City Bond Counsel, bond funding may be reallocated between projects as long as the projects are within the same utility. This item will reallocate $464,000 from the White River Pump Station project (savings due to lower than anticipated construction costs) to the Well 1 Storm Improvements project. Both projects are within the stormwater utility. Redflex expenditure changes (technical correction) This is a technical correction and reduces expenses related to the reduction of Redflex revenues that was authorized in budget amendment #8 (Ordinance #6410). The original amendment reduced ending fund balance when it should be been to budgeted expenses related to the administration of the Redflex program. The following table summarizes the current and revised budget as a result of this amendment. Table 1: 2012 Budget as Amended 2012 Approved Budget $ 261,117,063 Budget Amendment #9 (Ord #6421) 2,838,885 Budget as Amended $ 263,955,948 Attachments:  1. Proposed Ordinance #6421 (budget adjustment #9)  2. Summary of proposed 2012 budget adjustments by fund and department (Schedule A)  3. Summary of approved changes to adopted 2012 budget by fund (Schedule B) 1 Ord. 6335. ORD.A Page 71 of 196 ORDINANCE NO. 6 4 21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING ORDINANCE NO 6339, THE 2011-2012 BIENNIAL BUDGET ORDINANCE AS AMENDED BY ORDINANCE NO 6351, ORDINANCE NO. 6352, ORDINANCE NO 6362, ORDINANCE NO 6370, ORDINANCE NO. 6378, ORDINANCE NO 6379, ORDINANCE NO 6400, AND ORDINANCE NO. 6410, AUTHORIZING AMENDMENT TO THE CITY OF AUBURN 2011-2012 BUDGET AS SET FORTH IN SCHEDULE "A" AND SCHEDULE "B° WHEREAS, the Aubum City Council at its regular meeting of December 6, 2010, adopted Ordinance No. 6339 which adopted the City of Auburn 2011-2012 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of February 22, 2011, adopted Ordinance No. 6351 (BA#1) which amended Ordinance No. 6339 which adopted the City of Aubum 2011-2012 Bierinial budget; and WHEREAS, the Auburn City Council at its regular meeting of April 4, 2011, adopted Ordinance No. 6352 (BA#2) which amended Ordinance No. 6351, and WHEREAS, the Aubum City Council at its regular meeting of July 18, 2011, adopted Ordinance No. 6362 (BA#3) which amended Ordinance No. 6352; and WHEREAS, the Aubum City Council at its regular meeting of September 6, 2011 adopted Ordinance No. 6370 (BA#4) which amended Ordinance 6362; and WHEREAS, the Aubum City Council at its regular meeting of December 5, 2011 adopted Ordinance No. 6378 (BA#5)which amended Ordinance 6370; and WHEREAS, the Aubum City Council at its regular meeting of December 5, 2011 adopted Ordinance No. 6379 (BA#6) which amended Ordinance 6378; and Ordinance No 6421 November 19, 2012 Page 1 of 4ORD.A Page 72 of 196 WHEREAS, the Auburn City Council at its regular meeting of March 19, 2012 adopted Ordinance No. 6400 (BA#7) which amended Ordinance 6379; and WHEREAS, the Aubum City Council at its regular meeting of June 18, 2012 adopted Ordinance No. 6410 (BA#8) which amended Ordinance 6400; and WHEREAS, in 2010 the Aubum City Council authorized the issuance of 21.3 miliion in utility revenue bonds to fund major utility system improvements; and WHEREAS, storm drainage improvements to the White River Pump Station, one of the projects funded by the 2010 utility revenue bonds, were under budget by 464,000 due to lower than anticipated construction cost estimates; and WHEREAS, upsizing storm drainage lines in Well 1 in the Storm Drainage Utility, which was not included in the original 2010 utility revenue bond issuance, is a major utility system that supports the continued management of utility services; and WHEREAS, the project cost savings of $464,000 is reallocated from the White River Pump Station to Well 1 for storm drainage improvements; and WHEREAS, the City of Auburn deems it necessary to appropriate additional funds to the various funds of the 2012 budget as outlined in this Ordinance (BA#9); and WHEREAS, this Ordinance has been approved by one more than the majority of all councilpersons in accordance with RCW 35A.34.200 Ordinance No. 6421 November 19, 2012 Page 2 of 4ORD.A Page 73 of 196 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Amendment of the 2011-2012 Biennial Budget The 2011- 2012 Biennial Budget of the City of Aubum is amended pursuant to Chapter 35A.34 RCW, to reflect the revenues and expenditures as shown on Schedule "A" attached hereto and incorporated herein by referenc e. The Mayor of the City of Aubum, Washington is hereby authorized to utilize revenue and expenditure amourits shown on said Schedule "A" and Schedule "B" A copy of said Schedule "A" and Schedule "B" is on file with the City Glerk and available for public inspection. Section 2. Severability If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid, the remainder of such code, ordinance or regulation or the application thereof to other person or circumstance shall not be affected: Section 3. Implementation. The Mayor is hereby autharized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. Effect ve Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law Ordinance No. 6421 November 19, 2012 Page 3 of 4ORD.A Page 74 of 196 INTRODUCED PASSED• APPROVED• PETER B. LEWIS, MAYOR ATTEST Danielle E. Daskam Ciry Clerk APPROVED AS TO FORM: l Daniel B. Heid City Attomey PUBLISHED Ordinance No. 6421 November 19, 2012 Page 4 of 4ORD.A Page 75 of 196 Schedule A Summary ot 2014 Budget Adjustmenfs by Fund 6udget Amendment 8 Ordinance 8421 Beg.Fund 2072 Ending Fund Oeneral Fund(9007) Bala ce Revenuea 201Y Expenditures Bala ce GenerelFund 2072 Ado ted Bud et 10,487,838 48,262,800 64,672,540 6,128,588 BA06 Ado ted ordinance p8379 1,084,2b0 788,600 7,838,080 23,870 BAAf7(Adopffid ordlnance M8400 152,700 788,820 848,370 3l6,790 BA A8(Adopted ordinance/8410) 4,SS3,183 7,1 8,74 2,401,032 98Z,778 BA p8 Pro osed ordinance 58427 Reduce expenses assadaled with redudionto Redflex revenues(Technical correction Reduce Professional Servicea payments to Red-Flex. This redudion refleds reduced revenues genereted from the program. 599 600) 599.600 Reduoe Operafing Transfers Out to Fund 328 for Traffic Calming. 200.000 200.000 Public Works Re airs to dama ed tratfic s' nal pbinet-insurance recove 48,000 48,000 January Storm/FEMA reimbursemeM Parks Department 102,760 102,760 Public Works-Emergency Management 3,010 3,010 Streeta Departrnent 94,280 94,280 Police Deparfinent 1,600 1,600 Planning Department-Human Services 1,750 1,750 BAffi8 Total 267 400 548 200 788 800 2012 Ravised 8ud t 18 238,071 49 92,1 68 8 817 867 Total Resources/EYpenditures 670,2 8 65,670,2 8 ORD.A Page 76 of 196 Schedu A Summary of 2012 Budget Adjustmenfs by Fund Budget Amendment 0 9 Ordinance W21 Beg.FUnd 2012 Ending Fund A terla Street Fund A702 Balance Revenues 2012 Expenditures Balance 201Y A o ted Bud et 286,078 14,716,600 14,808,800 175,818 BA06 Ad ted oMinance 96379 982,406 1,480,300 828,100) 328,208 BAM7 Ado ted ordinance N8400 274,950 2,841 420 5,207,770 8,600 BA#8 Ado ted ordlnance 06470)287,324 281,324 BA#8 Pro osed ordinance M6421 M-Streel Pro'ed;reco9n¢e grentlPWfF loans: Freight Mobility Strategic Investrnent 8oard(FMSIB) Grant-MSVeelProjedl1c201a0 377,500 377,500 Public V1lorka Truat Fund Loan(PVYTFL)-M Street Pro'edc201a0 1,008,115 1,008,115 AWS Pedeatrian Impmvements cp1718-State Grant 35,500 35,500 BAA9 Tofal 1,427 116 7,421,116 2072 Revised Bud at 1,783,888 17,697 776 5 48 Total Resourcea!Expenditures 19,781,433 18,38 7 Bag.FUmi 201Z Ending Fund Housin end Commun Develo at(3rent Fund 119 Ba a e Revenuea 2072 Expe dHures Balance 2012 Ado ted Bud et 86, 78 460 000 439,2Z0 77, 8 BA#8 Ado ted ordlnance p8379 64,607 1,470 69,037 8Ap7 Ado ted ordlnance#8400) BA#8 Ado ted ordinance 06410 31,028 7,028 BA 08 Pro osed ordinance t6427 Additional CDBG funding for grant administration and contracled services 30,500 42,500 12,000 BAAB Tofal 30,600 42,500 12,000 2012 Revls Bud et 47,397 480,60q 180,260 48 847 Total Resources ndMures 827,897 623,897 ORD.A Page 77 of 196 Schedule A Summary of 2072 Budgat AdJustmenfs by Pund Budget Amendment#9 Ordinance 6427 Beg.FUnd 2012 Endi FundICaNaImproeoleteFund{M328 Balance Revenuas 2012 Expeoditurea Balanee 2012 A opte Bu get 390,706 1,7 7,700 7,169, 00 2,868,306 BA#8 Ado ted ordinance A8378 3,267,058 15,000 2,080,600 1,201,459 BA#7 Ado ted ordinance#6400 264,860 8,620 274,470 BA p8(Ado d oMlnance#8410)241,872 100,000 747,872 BA#9(Proposed ordinance#6421) Reduce Operatlng Transfer-In Bom General Fund assodated with redudion to Redflex revenues(Technical correction)200,000) 200,000 Banner pole foundation replacement 30,000 30,000 Sidewalk improveme ls 35,000 35,000 BA#9 Total 200,000 736,000) 86,000 2012 Revlsed Bud et 8,164,4&7 1,862,320 3,478,}70 4,247 837 Total Resources/Expenditures 7,728,807 7,726,807 Beg.Fund 2012 Endtng Fund Water Fund 11430 Balance Revenuss Z014 E cpenditures Batance 2072 Adopted Budget 2,677,278 11,624,400 72,867,420 1,334,259 8A#6 Adopted ordinance A6379) 7,080,418 1,163,760 5,070,250 B66,N8 BAM7 Ado ted ordinance A6400 6,087,190 B4O87,190 BA#8(Ado d ordinance fl6470) 1,200,924 389,437 1,680,361 8A ill9(Proposed ordinance N6427) Increase ConsWdion project budgets per the rete study.Additional revenue hom rate study recognized eaAier in BA#8. Water Meter and Billing System Improvementa 80,000 80,000 Street Utility Improvements 600,000 600,OOD Water Repair and RepWcements 120,000 120,000 Well 4 Power and Chbrination 35,000 35,000) January Storm/FEMA reimbursement 34,800 34,800 BA#9 Total 34,800 869,800 836,000 2012 Revlsed Bu st 8,846,81 0,894,887 24,884,660 2,946,OS8 Total Resources/Ezpendkures 27,840,698 T7,840,688 ORD.A Page 78 of 196 Schedule A Summary of 2012 Budget AdJustmenfs by Fund Budget Amendment 0 8 Ordinance 8421 Beg.Fund 071 Ending Fund 3evrer Fund(491 Belanee Revenues 2072 Expenditures Balance 2072 Ad ted Bud t 9172 8 SB 8 0 0 72,820 1 061 224 BA#8 Ado ted oMinancep8 78 8,184,886 76,800 827,000 5,839,266 BAA7 Ado ted ordinance p8400 1,88,810 1,883,810 BA#8 Ado d ordinance 08410 1,488 818 738,868 2,204,787 8A#9 Pro osed ordinance p64E1 January Storm/FEMA reimbursemeM 29,520 29,520 BAAB Tofal 28,820 28,6Y0 2012 Revlsed Bud 2,808.627 79,206.668 28, 2,860 B 99 268 Total Resources/Expenditures 82,012,118 2,012,118 i Beg.FUnd 2012 Ending Fund rm Dreina e Fund A132 Balaoca Revanues 2072 Enpenditures Balance 2072 Ad ted Bud t 7,842,772 7,823,00 8,325,710 1,442,Z2 BAAB Ado ordinance M8978 3,804,848 416,800) 2,608,W0 861,678 BA#7 Ado ted o dinance U8400 1,807,610 1,807,610 BA#8 Ado ordinance M8410 1.846,812 88,04Y 1.8J6.964 BA#8 P osed ordlnanee A8421 Fbod control barrier removal Fbod control bartier removal funded b 1,200,000 1,200,000 contributions 6om IGng Co.Flood Control disUid Realbcate 2010 Ufil' bond proect savin s(net$0 cha ) White River Pump Sfation 464,00p) Well 1 Storm Improvements 464,000 January Storm/FEMA raimburaemeM 30,840 30,840 BA#8 Tofal 1,2 0 840 1,230,840 IZ072 Revised Bud et 102,8 2 3,888 680 4 58,782 Total Resources/ExpendMurea 17,808,S8Y 17,808,b82 ORD.A Page 79 of 196 Schedule A Summary of 2012 Budget AdJusLnents by Fund Budget Amendmant 0 9 Ordinance 8421 Beg.Fund 2012 Ending Fund 8olid Weste Fund M434 Balanee Revenues 2012 E e ditures Bala e 2012 Ado ted Bud et 430,7 6 9,673,800 9,8 0, 878 BAAS Ado d ordinance Y8379 41,736 1,394,660 844,880 468,064 BA#7 Ado d ordinance 8100) BA AS Pro osed ordina e 56470 243,283 73,230 8,240 239,463 BA 08 Pro ordina e 06421 AdjusLnent fo Refled Increase in Household Hazardous Waste Revenue and expenses related to hazardous waste di al 30,000 30,000 BAlF9 Total J0,000 30,000 2012 Revised Bud t 832,283 10 881,690 70 888,880 726 Y83 Total Resources!Expenditures 17,593,953 11,693,863 Beg.Fund 2012 E ding FundICemeteFund5438BalanCeRevenues2072ExpendituresBaiance 2072 Ado ted Bud at 148,796 942,6D0 1,076,880 71,818 BANB Ado ted ordinance#18378 80,431 34,690 96,027 BAA7 Ado ted ordinance A8400 748 700 200,000 67,900 BA MS Ado ordinance 8410 7,281 12,660 14,400 77,461 BA p8 Pro osed ordinance ffi8427 January Storm/FEMA 2imbursemeM 1,250 1,250 BA#8 Tohal 7,260 1,260 2012 ReWsed Budget 71,620 1,166fN0 1,066,840 171,480 Total Resources/Expendkwea 1,ZZ8,230 1,228,230 ORD.A Page 80 of 196 Schedu A Summary of 2072 Budget AdJustmenfs by Fund Budget Amendment M 9 Ordinance 6421 Beg.FUnd 2012 Ending Fund Facllifles Fund N605 Balance Revenues 2012 Expeadltures 8alance 2012 Adopted Bud et 346,438 3,688,200 3,648,640 466,098 BA#6(Ado ted ordinance#6379 450,085 795 000 804,670 40,415 BA#7(Adopted ordinance p6400 949,290 348,290 BA p8 Ado d ordinance M8410)476,635 700,000 100,000 478,838 BA#9(Pro osed ordinance A6421 Fadl'ity repair expenses(AVHS siding 2pairlpaintinglasbastos removal;Mary Olson Farm repairs/prpet replacement;Senior Center window replacement) 45,000 45,000) January Storm/FEMA 2imbursemeni 6,420 6,420 BA 9 Total 6,420 51,420 45,000 2012 Revlsed et 1,622 9,959,620 4,663,920 28, Total Resources/Expenditures 6,682,088 6,682,068 Beg.FutNl 2012 Ehtllhg Futltl InnovaHon and Technol Pund Nb18 Balance Revenuea 2012 Expenditmes Balance 2072 Ado ted Bud et 2,097,787 4,361,070 5,006,980 7,M1,877 BA#8 Ado ted ordinance q8379 288,838 48,000 138,400 198p36 8A/f7 Ado ted ordinance 68400 334,000 67,74D 397,740 BA#8 Ado d ordinance#8410)400,053 400,063 BA#9(Proposed ordinance#6421) JanuaryStormlFEAAAreimbursement 1,330 1,330 BA#8 Total 1,330 1,330 2012 Revise u 3,118,88 4,488,t40 6,5 8,480 Z,Q38 988 Tofa Resources xpenditures 7,576,826 7,876,828 ORD.A Page 81 of 196 Schedule A Summary of 2012 8udget AdJustmenffi by Fund Budget Amendment#9 Ordinance 8421 i Beg.Funtl 2012 Entling Funtl E pl ment Rental Fund #660)Balance Revenues 2012 Expenditures Balance 2012 Adopted BudgM 2,868,864 3,073,260 3,098,860 2,893,644 BA#6(Ado ted ordinance 06379 803,831 107,840 701,997 BA#7(Ada ted ordinance 56400 1,498,670 7,499,630 BA#6 Ado d ordinaace A8410)830,860 630,860 BA#8(Pro osed ordinance M6421) January Srortn/FEMA reimbursement 1,710 1,710 BA#8 Total 1,710 1,710 2 Revised Bu get 6,793,765 3,Q74,980 4,701,740 4,186,386 Tota Resources xpend urea 8,868,126 8,886,126 Beg.FUnd 2012 Entling Fum! 6rand Totai-qil Fupds Balance Revenues 2012 Expenditurea Balance 2012 Ado ted Bud t 43,833,003 137,827,900 147,927,880 S9,5S3,023 BA B Ado ted ordinance#BS79 26,060 843 77,672,810 J2,741,810 9,882,145 BA#7 Ado ted ordinance 6400 76,016,880 4,800,650 20,844,720 7Z,610 BA#8 Ado ted ordinance M6410) 13,028,981 2,882,716 2,768,896 13,244,187 BA#9 Proposed ordlnance 8421 2,838,886 2,886,285 757,400 2012 Revisad Bu et 97,739 487 188,216,481 207 271.381 68 884,657 ToW Resoutces/Expenditures 283,866,948 269,965,848 NoverNier 14.2012 Prepared by Ciy oi Au6um Finamial Planning Department F.Budget Directory 2012 ButlgetWmeridmenls BAie Butlgel AAjwtmanta Surtunery ORD.A Page 82 of 196 SchedWe B 2012 Approp ietlons by Fund 2012 Appropriation AuthoriN by Fund Z012 Atlop6ed BAAB BAC7 BAMB BA09 Totel Y012 ReNSed Fund Budget (Ord 8379) (Wd 8400) (ON 8410) (Ord 8421) Mrendments 8udget Gare al FuM C007 69.740.738 1.882,750 321.520 3.3 i,811 251.400 6b29.481 85.570,218 Merial Street FwM t102 10,880,518 497.89/3,218370 261.324 1,/21,116 4,400,916 19,381,A33 LucalSbeelFUnd k103 3,250,806 77.271 7,021,000 145,545 889274 4,14U,W0 Ho0e1 Mlotd FunA NtOd 95.128 5274 87.280 82.009 177.132 Arte ial Street Prese radon Fund #105 1.536.589 112.781 68.500 790.079 1269.?&1 2.805.8G9 D FarteiWreFuM #117 811.937 168.833 268,750 435.383 1,247.320 Hausl aMCOmmun GraMFurtl Ri19 516.878 59,W7 31.028 30.$pp 7.021 523.897 Reaeatlan Trells FurM R720 2Y.577 56 58 22.521 Bush ess ememAraaFund Si21 9].596 31.827 12.931 1.898 75.700 Cumulathe Resarve Fwd C12Z S.G25.564 882 28.520 2278223 1.835.881 7.581.425 Fem FuM Y12/ 2.587,773 78.393 788.840 1287.348 2.1M.378 4.740.152 f898Libra Fund R229 627.220 082 1.304 293.388 333.859 2010 Mnex AdB Bontl DeDt Fund p230 7.698.100 158 158 1.696.268 2010 C6D Lacal Revllal tbn Debt FunO q231 658.300 13.801 78.601 82,700 595.600 UDGua anteeFuM A249 53,000 1,087 801 1,888 54,888 LID q250 M1280 56.067 718 118 55.928 LID W50 M1275 7,200 7,200 PaAc Canshuctian Fund fKi21 2.075.968 18.958.895 321.830 2i1.104 18.052.928 21.128.797 FunO q328 4.128.408 3.282.059 271470 241.872 000 3.598401 T728.807 Lacel Revita0 llon FunO R330 923.Op7 2,413.390 843R:q 2,692.6&/ 2. 584 Galf Course Debt SeMCe FunO N41 382.100 382100 392.f00 WBterFUnd R030 14,201.678 5.9Q8.888 6.087.180 1.590.361 34.800 13.839.019 27.8/0.688 SexerFUnd M471 21.534.OH 8.260255 1.983.510 2.20/.787 29.520 10A78.0T2 32.012,118 Smmi Fwq R432 9.766.032 3.368.096 i.fi07.510 1.935.954 7 30.8q0 8.74Y.350 17.908,382 SaBtl Watte FunO R431 8,944.536 1.302.924 376.493 30.000 1,649.417 11.583.953 FunO /435 1,230.912 338.137 93.3Y0 243 84 672 741 1.9p.853 Fund @438 1.088.788 60.431 51.800 25.&51 1,250 139.032 1,228,230 GdfCou aeFUnE M37 1,973.188 185.920 242 17.318 1.859.870 hisuiance Furd R607 2.351.869 158237 152 183.388 2.188.480 FaaWesFuntl p505 4,00q,839 845,085 349280 b76.835 8,120 1,577,930 5.682,089 Innova6onandTech FunO p518 B.M8.867 331.838 381.740 I.053 1.330 1,127.959 7.578.8 E aM RaMal Fu q lF650 S 812.204 803.831 1,499.530 830.850 1.110 2.835.821 8.888.726 ftraPensbnFuntl p611 2,872.932 10.081 58.340 68.401 2.758.531 Cemete Erqovrtnent FunO #70/ 7,fi06.B62 8.745 3.737 4.408 7.871,270 raei e.asa eoa 4z.»sa zo,e o tsA++,on z.eas,ees ez.sot.oas sea.sss.sae Nwember 74, 12 ORD.A Page 83 of 196 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6432 Date: November 21, 2012 Department: Finance Attachments: Ordinance No. 6432 Budget Impact: $226,354,993 2013 Administrative Recommendation: City Council adopt Ordinance No. 6432. Background Summary: Budget Process: In June, the City began the process of developing the budget for the 2013-2014 biennium. This included budget workshops and public hearings as follows: - July 10: Fund and Process Overview (workshop #1) - August 23 and September 13: Proprietary and Capital Funds (workshops #2 and #3) - September 17: Review General Fund revenues; first public hearing on budget - September 26: General Fund and Special Revenue Funds (workshop #4) Following these presentations and workshops, Council provided policy guidance to the administration. These included clarifying 2011-2012 accomplishments and expanding upon 2013-2014 goals and objectives. 2013-2014 Preliminary Budget: A copy of the 2013-2014 Preliminary Budget was presented to Council on November 2, 2012. Ordinance No. 6432: Council's approval of Ordinance No. 6432 will establish the City's 2013-2014 biennial budget. As the budget has been reviewed by Council during the budget workshops, adoption of Ordinance 6432 is scheduled as follows: - November 19: First reading by the Finance Committee and a public hearing before the full Council. - December 3: Second and final reading by the Finance Committee with referral to the full Council for adoption. Staff recommends Council approval of Ordinance No. 6432. Reviewed by Council Committees: Finance AUBURN * MORE THAN YOU IMAGINEDORD.B Page 84 of 196 Councilmember:Partridge Staff:Coleman Meeting Date:December 3, 2012 Item Number:ORD.B AUBURN * MORE THAN YOU IMAGINEDORD.B Page 85 of 196 ORDINANCE NO. 6 4 3 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ADOPTING THE 2013-2014 BIENNIAL BUDGET FOR THE CITY OF AUBURN, WASHINGTON WHEREAS, pursuant to the provisions of Chapter 35A.34, the Mayor of the Ciry of Aubum has heretofore duly completed and placed on file with the City Clerk of the City of Aubum a preliminary biennial budget for 2013-2014, and WHEREAS, notice was thereupon duly pubiished, as required by law, stating that the Mayor had completed and placed on file such preliminary budget and a copy would be furnished to any taxpayer who would call therefore at the of6ce of the City Clerk, and that the City Council of the City of Auburri would meet on November 19, 2012 at 7:30 p.m. for the purpose of fixing the budget and any taxpayer might appear at such time and be heard for or against any part of such budget, and designated the place of such meetings as the Council Chambers of Aubum City Hall, 25 West Main Street, Aubum, Washington; and WHEREAS, the Mayor of the City of Aubum duly provided a suitable number of copies of such detailed preliminary budget to meet the reasonable demands of taxpayers therefore; and WHEREAS, the City Council of the City of Aubum met at the time designated in said notice in the Council Chambers of the Aubum City Hall, 25 West Main Street, City of Auburn, on November 19, 2012 at 7:30 p.m., and any and all taxpayers of the City of Aubum were given full opportunity to be heard for or against such budget; and Ordinance No. 6432 November 28, 2012 Page 1 of 5ORD.B Page 86 of 196 WHEREAS, the City Council has conducted public hearings on September 17, 2012 and November 19, 2012 to consider the preliminary budget; and WHEREAS, at the meeting held by the City Council on the 3rd day of December 2012 the City Council considered mod cations of said budget. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The 2013-2014 biennial budget for the City of Aubum, as shown on Schedule A, is hereby adopted. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. Effecfive Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law INTRODUCED• PASSED: APPROVED: PETER B. LEWIS, MAYOR Ordinance No. 6432 November 28, 2012 Page 2 of 5ORD.B Page 87 of 196 ATTEST Danielle E. Daskam City Clerk APPROVED AS TO FORM: niel B. H ' City Attomey PUBLISHED: Ordinance No. 6432 November 28, 2012 Page 3 of 5ORD.B Page 88 of 196 Schedule A 2013 Budget Summary by Fund 2013 BUDGET SJM M ARY-ALL FUN DS Baginning - TO'q 2017 Ending Fund Fund Bdsno Rmourees 6c endNurea FuM Belence GBJ67ALFUND 512,108,801 550,570,748 554,388,539 SB,371,OQ8 Artqrid 9reet 7.300,578 A,720,070 73,584,224 858,384 d' lot 3reet t1fl.320 t,827.800 2.474.250 270,8700 No1BVMOtdTm 91,9:i7 79250 85,000 88,787 wArtaiel 9reet Resrv ion L854 389 2.581,488 2.830.920 1586 937 Drup Fortdture 918,090 281,300 282,922 9fl,488 Housnp&Communtty Deoelopmert 55,847 45D,000 460,000 45,867 RBQeStiorrelTfell6 Y2.451 7,120 0 571 i9ns$ImproveneMAr 21,&t0 55,040 55,000 21,880 Cum61ffiIveF rve 7,373,905 3.000 1,618,'q8 . _ 5,700,788 Mitlpetiori Fees 2.303.427 945.185 7T7.21U 2.531402 7898 LiMery BoM 48,054 280,fi00 280,300 d8.354 u Clty Hell Ann 2010 A&8 Bontl 756 1,898,52 1,896,520 L58 loeel Revltali ffilon 4070 C8D Bontl AO 594,470 594,370 200 LID Guerentee 44,488 700 10,000 34,588 LID#250 349 58,382 SB,372 389 IJD#350 0 7,245 7,245 0 Golf Coura Debt rvice 0 390.429 390,429 0 J Munitipel PBrk CAn4 uQlon 813,497 1,216,770 1,505,000 325,287 Cipitd ImprovemeMe 5,288,637 1,551,487 2,053,720 4,788,304 y Weter 2,889,428 23,051,7U4 18,416,418' 8,818,982 z ,vs 8,899,285 20,903,571 22,228,178 7,578,777 a Sorm Drempe 8,057,392 13,584,424 13,322,fi2 8289,141 9 IId Wa4e 725,294 11,854,270 12,083,202 596.382 Airport 727.073 724,880 8 7.801 544,152 Cenetey q,406 1,048,0'q t003,564 5& GoI/Coure 1D5,984 1,SOS,6B0 1,520,530 B A4 N Inararce 1,984,779 2.000 204,300 1,782,479 a Fallitlm 973,149 3,590,700 3,58,246 872,003 Inrpv lon md Taifmlopy 2,038,387 5,788,6W 5,316,471 1,B2t57D 6 uipmeMNmttl 4,571,9D4 3,113,A50 4,388,884 3,235,08D 2 oa FlreF WOn 2,590,285 73,OU0 180,499 2,482,788 Hzo Cem9ay Entlowmert 1,499.220 A7.251 1.547.120 89.251 TOTAL 585,991,225 3160,363,788 5168,557,538 557,797,457 TOTALBUD6ET 5228,354,993 5228,354,993 Ordinance No 6432 November 28, 2012 Page 4 of 5ORD.B Page 89 of 196 Schedule A 2014 Budget Summary by Fund 2014 BU DGET 9JM MARY•ALL FUN DS Beglnning 2014 2074 Ending Fund FunA Belanee Reources Fxpenditurea Fu E Belenca GBd67ALFUND 8,311,01D '$50,553,W2 854,498,330 $4,365,782 Arteial3re 856,364 3,849,858 3,892,270 Bfl,752 y Locel3reet 270,670 7,447,650 1,444,300 274,0200 Hotd/MOttlTai 86,181 79,250 85,000 80,431 wArtalA 3reet Ra vMlon 1,584,937 2,042,723 2,000,000 1,627,660 Drup FoAdture 9T/,488 261,300 280,915 917,853 Housrp&Community Da dopment 45,647 450,D00 460,000 35,847 a RarmtionATrals 29,571, 7,120 0 38,691 Bu9ne$ImprovananArm 21,880 55,040 55,000 21,720 CumulativeResve 5,700,796 3,D00 434,824 4,Z69,t/2 Mitigetlon Fe 2,d56,2'f7 955.185 426,050 2,985,352 098 bray Bond 46,354 284,000 283,700 48,854 City HaII Annec 2010 A&B Bond 158 7,696,520 1,696,520 158 Locel Hsuiteliffilon 20'p C8D Bontl 20D 598,320 598.220 300 LIDGuaaitm 34;588' 700 10,000 24,888 LID#250 369 56,393 56,373 389 L1D#3W 0 , 7,246 7246 0 GoMCour Debt`4rviae 0 393,144 393,414 0 J F Munidpal Pak ConBruction 325.267 '.T/1.700 18,438,000 60,967 U Cryitel Improvemerts 4,586,304 1,524,819 1,097,300 5,OA,B23 y Wetx 8,618,881 13,562,749 76,516,114 3.665,61G i v f 7,676,717 21,558,701 21,863,847 7,271,571 SormOranape 6,299,1W 9,295,843 8,530,856 1,064,101 p Ild Wa4e 596,362 T2,082,904 12,497,894 1,372 Avport 544,152 808,380 867,903 484,829 Can ay 58.852 _ 1,049,010 1,024,384 83,478 Golf Cour 91,'p4 1,521,430 1.537,577 74,987 Z Inairaice 1,782,479 2,000 204,400 1,SB0,079 Fadlities 972,003 3,432,500 3,447,704 956,794 Z InnOV3lon aid Technology 1.921.570 4,990,126 5,137,179 1,774,5T7 dl Equi mertPaital 3,235,090 2,992,'750 4,095,913 2,131,927 NoU2 FlreFaieon 2,482,788 73,000 1BO,B60 2,374,926 Zm yOaz Cenetey Endowmert L547,22 139,351 1,595,220 97,351 TOTAL 59,000,241 $83,945,OW $'64,654,843 $48,290,412 TOTALBUDGET 2Y2,945,255 212,945,255 Ordinance No. 6432 November 28, 2012 Page 5 of 5ORD.B Page 90 of 196 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6443 Date: November 19, 2012 Department: Planning and Development Attachments: Agenda Bill ORD 6443 Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Budget Impact: $0 Administrative Recommendation: City Council adopt Ordinance No. 6443. Background Summary: See attached. Reviewed by Council Committees: Other: Hearing Examiner; Planning; Building; Fire; PW Councilmember:Backus Staff:Snyder Meeting Date:December 3, 2012 Item Number:ORD.C AUBURN * MORE THAN YOU IMAGINEDORD.C Page 91 of 196 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6443 REZ12-0005 – Cruze Rezone Date: November 19, 2012 Department: Planning and Development Attachments: Ordinance No. 6443 and See Exhibit List Budget Impact: N/A Administrative Recommendation: City Council introduce and adopt Ordinance No. 6443. Background Summary: OWNER/ APPLICANT: Kathryn Cruze, 24216 231st Place SE, Maple Valley, WA 98038 REQUEST: Change in zoning of one parcel from R-7 Residential (7 du/acre) to RO, Residential Office LOCATION: The property is located at 105 M Street NE, Auburn, WA 98002 Parcel Number: 2648000610 EXISTING LAND USE: Single Family Residential with a detached garage and cottage on the property COMPREHENSIVE PLAN DESIGNATION: Residential Office SEPA STATUS: A DNS was issued on October 11, 2012 for the proposed rezone. Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Information Services Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Backus Staff: Snyder Meeting Date: December 3, 2012 Item Number: ORD.C Page 92 of 196 Agenda Subject: Ordinance No. 6443 REZ12-0005 – Cruze Rezone Date: November 19, 2012 Page 2 of 5 The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties are (See Exhibits 9 for the Land Use Map): Comprehensive Plan Zoning Land Use Project Site Residential Office R-7 Residential (7 du/acre) Single Family Residential North Residential Office R-7 Residential (7 du/acre) Single Family Residential South Neighborhood Commercial CN (Neighborhood Commercial) Grocery Store and Drug Store East Residential Office R-7 Residential (7 du/acre) Single Family Residential West Single Family Residential R-7 Residential (7 du/acre) Single Family Residential Zoning Map Subject Site R-7 Residential ORD.C Page 93 of 196 Agenda Subject: Ordinance No. 6443 REZ12-0005 – Cruze Rezone Date: November 19, 2012 Page 3 of 5 FINDINGS OF FACT: 1. Kathryn Cruze has applied for a rezone from R-7 Residential (7 du/acre) to RO, Residential Office, for property located at 105 M Street NE, Auburn, WA. 2. The rezone site at 105 M Street NE is approximately 12,095 square feet in size and contains an existing single family residence, detached garage, and cottage. The site is a corner lot with M Street NE to the east and 1st Street NE to the south. 3. The land use designation on the Comprehensive Plan Land Use Map, which is adopted as part of the Comprehensive Plan, for the subject property is Office Residential. 4. The applicant filed an environmental checklist that addressed the proposed rezone. A description of future development of the property was included. The applicant proposes to covert the existing single family residence and cottage into a professional office. 5. The RO, Residential Office, zoning district permits professional offices outright (see ACC 18.22.020). The intent of the RO zone is: “RO and RO-H zone is intended primarily to accommodate small-scale business and professional offices, medical and dental clinics, banks and similar financial institutions at locations where they are compatible with residential uses. Some retail and personal services may be permitted if supplemental to the other uses allowed in the zone. This zone is intended for those areas that are in transition from residential to commercial uses along arterials or near the hospital. Conversion of residential uses to commercial uses is geared towards encouraging adaptive re-use of existing single-family structures that continue to appear in accord with the single-family residential character.” 6. The RO zone development standards including setbacks and lot requirements are contained in ACC 18.22.040. 7. Pursuant to ACC 18.68.030 and 18.68.040, all applications for a rezone shall be reviewed by the planning director prior to the scheduling of a public hearing. After review of the application, the director shall determine which of the following two processes should occur to properly hear the rezone: a. If the rezone is consistent with the comprehensive plan, then the hearing examiner shall conduct a public hearing on the rezone and make a recommendation to the city council pursuant to ACC 18.66.170. This application is consistent with the comprehensive plan, as outlined below in the conclusions. 8. On October 11, 2012, the SEPA Responsible Official issued a Determination of Non-Significance (DNS) for the proposed rezone from R-7 Residential (7 du/acre) to RO (Residential Office). There were no comments received, comment period closed on October 26, 2012, and no appeals filed as of the writing of this report. The appeal period ends on November 9, 2012 (Exhibit 5). 9. Pursuant to ACC 18.68.040, notice of a public hearing shall be given at least 10 days prior to the public hearing and in accordance with ACC 14.07.040. The public hearing notice was published in the Seattle Times on October 23, 2012, provided to the property owners within 300 feet of the subject site, posted on the subject property meeting this requirement, and posted on the City’s website (Exhibit 7). 10. The City Council changed their role in quasi-judicial approvals giving that authority to Hearing Examiner to make decisions. Since rezones are approved by Ordinance the City Council is still ORD.C Page 94 of 196 Agenda Subject: Ordinance No. 6443 REZ12-0005 – Cruze Rezone Date: November 19, 2012 Page 4 of 5 the decision maker on rezones with the Hearing Exam iner making a recommendation on the proposal. 11. M Street NE is a principal arterial and 1st Street NE is a local residential street. The road classifications supports the rezone request. Pursuant to Auburn Design Standards Section 10.04.4 direct access to M Street NE would be prohibited. Site access would be required to remain on 1st Street NE. This requirement will be addressed as part of the building permit review. The site plan (Exhibit 4) shows access to 1st Street NE. 12. The City of Auburn Hearing Examiner held a duly noticed public hearing on November 13, 2012 related to this rezone request. CONCLUSIONS: ACC Chapter 18.68 provides certain criteria for approval of a rezone: 1. The rezone must be consistent with the Comprehensive Plan. Comment Policy LU-48: The management of areas in transition from existing residences to a planned non- residential use, should balance the needs of existing residents with the need to accommodate new uses. Chapter 14: Office-Residential Land Use Designation The purpose of the Office-Residential designation is to reserve areas to accommodate professional offices for expanding medical and business services, while providing a transition between residential uses and more intensive uses and activities. The applicant submitted for a rezone on September 14, 2012. The subject site is currently zoned R-7 Residential (7 du/acre) but has a land use designation of Residential Office which would allow a rezone to RO, Residential Office. In researching the land use history for the subject site, the M Street corridor between 8th Street NE and East Main Street has been designated Residential Office at least since 2006. The proposed rezone is consistent with the above excerpts from the Comprehensive Plan as the zoning would change to Residential Office bringing the subject property into consistency with the land use designation. The future use of the site will be for a professional office utilizing the existing structure on –site meeting the purpose of the Office-Residential land use designation and maintaining the character of the neighborhood. 2. The rezone must be initiated by someone other than the City in order for the Hearing Examiner to consider the request. Comment The rezone has been initiated by the property owner, Kathryn Cruze, who is also the applicant. 3. Any changes or modifications to a rezone request made by either the Hearing Examiner or City Council will not result in a more intense zone than the one requested. Comment ORD.C Page 95 of 196 Agenda Subject: Ordinance No. 6443 REZ12-0005 – Cruze Rezone Date: November 19, 2012 Page 5 of 5 The requested rezone change, from R-7 Residential (7 du/acre) to RO, Residential Office, will not result in a more intense zone than what is requested. HEARING EXAMINER RECOMMENDATION After conducting a properly noticed public hearing, the Hearing Examiner issued a written recommendation of approval on November 26, 2012 with no conditions. Staff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of this report EXHIBIT LIST Exhibit 1 Staff Report to the Hearing Examiner Exhibit 2 Vicinity Map Exhibit 3 Application Exhibit 4 Site Plan Exhibit 5 Combined Notice of Application and Determ ination of Non-Significance with affidavits Exhibit 6 Environmental Checklist and Final Staff Evaluation Exhibit 7 Public Hearing Notice with affidavits Exhibit 8 Aerial Photograph Exhibit 9 Land Use Map Exhibit 10 Hearing Examiner’s Recommendation ORD.C Page 96 of 196 ORDINANCE NO. 6 4 4 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REQUEST OF KATHY CRUZE FOR A REZONE FROM R-7 RESIDENTIAL 7 DU/ACRE TO RO RESIDENTIAL OFFICE TO IMPLEMENT THE COMPREHENSIVE PLAN AND AMENDING THE CITY'S ZONING MAPS ACCORDINGLY WHEREAS, the City of Auburn on August 18, 1986 adopted a Comprehensive Plan by Resolution No. 1703 which includes a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City; and WHEREAS, on April 17, 1995 the City of Aubum adopted Comprehensive Plan Amendments by Resolution No. 2635 to comply with the Washington State Growth Management Act; and WHEREAS, the City of Aubum on September 5, 1995 reaffirmed that action by Ordinance No. 4788; and WHEREAS, Kathy Cruze, the applicant, submitted a rezone application on September 14, 2012 for tax parcel 2648000610; and WHEREAS, the environmental impacts of proposed rezone were considered in accordance with procedures of the State Environmental Policy Act with a Determination of Non-Sign cance issued on October 11, 2012; and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of hearing, the City of Auburn Hearing Examiner on November 13, 2012 conducted a public hearing on the proposed Cruze Rezone; and Ordinance No. 6443 November 27, 2012 Page 1 ORD.C Page 97 of 196 WHEREAS, at the public hearing the City of Aubum Hearing Examiner heard public testimony and took evidence and exhibits into consideration; and WHEREAS, thereafter the City of Aubum Hearing Examiner made a recommendation to the City Council on the proposed Cruze Rezone on November 26, 2012; and WHEREAS, on December 3, 2012, the Aubum City Council considered the proposed Cruze Rezone as recommended by tHe City of Auburn Hearing Examiner; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City Council ("Council) adopts and approves the Green River Community College Trades Project Rezone from R-7 Residential (7 du/acre) to RO, Residential Office, and directs that the rezone application and all related documents be filed along with this Ordinance with the Aubum City Clerk and be available for public inspection. Section 2. The Zoning Map amendment is herewith designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act by the City's responsible environmental official in accordance with RCW 43.21 C 060. Section 3. The Council adopts the Findings of Fact and Conclusions of Law, in the Hearing Examiner's recommendation outlined below• Ordinance No. 6443 November 27, 2012 Page 2 ORD.C Page 98 of 196 FINDINGS OF FACT Procedural: 1 Aaalicant. The Applicant is Kathryn Cruze. 2. Hearina. The Hearing Examiner conducted a hearing on the application at 6:45 p.m. at the City Council chambers at Aubum City Hall Annex on ctober 13, 2012. Substantive: 3. Site/Proposal Descriation. The Applicant has requested a rezone of one parcel with an area of 12,095 square feet located at 105 M Street NE from R-7, Residential seven dwelling units per acre, to RO, Residential Office. The rezone is necessary to make the zoning map designation consistent with the residential office comprehensive plan map designation fo the parcels. 4 Characteristics of the Area. The subject property is adjoined by property zoned R-7 residential to the west, north and east. The property immediately south is zoned CN, Neighborhood Commercial. On either side of the neighborhood commercial parcels are properties zoned Residential Office. The subject is surrounded by single family residential development on all but the south side. The property to the south is developed with a grocery store and drug store. The subject property is part of the M Street corridor befinreen 8" Street NE and East Main Street which has had a comprehensive plant land use designation of Residential Office since 2006, though the zoning has not been changed from R-7 in this area. 5. Adverse Imoacts. There are no sign cant adverse impacts associated with the proposal. Compatibility with adjoining land uses is the only issue of concern at this stage of project review. Property on all sides is zoned for uses with about the same level of intensiry as those contemplated in the Residential Office District. The Applicant proposes to convert the existing single family residence and cottage into a professional o ce. The existing residential style buildings will remain on the property The purpose of the Residential Office zone is to accommodate small-scale business and professional offices, medical and dental clinics, banks and similar financial institutions at locations where they are compatible with residential uses and in areas that are already in transition from residential to commercial uses along arterials, such as the M Street corridor This zoning designation is specifrcally appropriate in circumstances like the subject property's where conversion of residential uses to commercial uses is geared towards encouraging.adaptive re-use of existing single-family structures that continue to appear in accord with the single- family residential oharacter Ordinance No. 6443 November 27, 2012 Page 3 ORD.C Page 99 of 196 CONCLUSIONS OF LAW Procedural: 1 Authorfir of Hearina Examiner ACC 18.68.030(B)(1)(a) grants the Hearing Examiner with the authority to review and make a recommendation on rezone requests to the Ciry Council if the ,planning director determines that the rezone requests are consistent with the comprehensive plan. The planning director has determined that the rezone request is consistent with the comprehensive plan. The Comprehensive Plan Land Use Map designation for the subject property is Residential Office, which is consistent with the requested RO zoning map designation. Substantiva: 2. Zonina Desianation. The property is currerrtly zoned R-7 3. Case Law Review Criteria and Aoalication. The Aubum City Code does not include any criteria for rezone applications. Washington appellate courts have imposed some rezone criteria, requiring that the proponents of a rezone must establish that conditions have substarrtially changed since the original showing and that the rezone must. bear a substantial relationship to the public health, safety, morals or welfare. See Ahmann-Yari ane, LLC v Tabler, 105 Wn. App. 103, 111 2001). If a rezone implements the Comprehensive Plan, a showing that a change of circumstances has occurred is not required. !d. at 112. The proposed rezone clearly meets the judicial criteria for a rezone. There is no question that the proposal is necessary to implement the comprehensive plan, as the Comprehensive Land Use Map designation for the property is currently Residential Office and the cuRent R-7 zoning is inconsistent with that designation. As discussed at page 4 of the Staff Report, the rezone is consistent with the Comprehensive Plan because it provides a transitional use from existing residences to planned non-residential use and balances the needs of existing residences with the need to accommodate new uses (Policy LU-48). The proposed rezone is consistent with Chapter 14 of the Comprehensive Plan as the zoning would change to Residential Office bringing the subject property into consistency with the land use designation. The future use of the site will be for a professional office utilizing the existing structure on —site meeting the purpose of the Office-Residential land use designation and maintaining the character of the neighborhood. The Staff Report's comprehensive plan analysis located at page 4 is adopted and incorporated by this reference as if set forth in full. The rezone bears a substantial relationship to the public health, safety, morals and welfare because it will not result in any significant adverse environmental impacts as Ordinance No. 6443 November 27, 2012 Page 4 ORD.C Page 100 of 196 determined in Finding of Fact No. 5 while at the same time furthering economic development in the City of Aubum as encouraged by the City's comprehensive plan. RECOMMENDATION The Hearing Examiner recommends approval of REZ12-0005. Section 4. Upon the passage, approval, and publication of this Ordinance as provided by law, the City Clerk of the City of Aubum shall cause this Ordinance to be recorded in the offce of the King County Recorder Section 5. If any section, subsection, sentence, ciause, phrase or portion of this Ordinance or any of the Zoning Map amendments adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof Section 6. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 7. This Ordinance shall take effect and be in force five days from and after its passage, approval, and publication as provided by law INTRODUCED• PASSED• APPROVED Peter B. Lewis MAYOR Ordinance No.6443 November 27, 2012 Page 5 ORD.C Page 101 of 196 ATTEST Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel6 Heid, City Attomey Published: Ordinance No. 6443 November 27, 2012 Page 6 ORD.C Page 102 of 196 Exhibit 1 Number of Pages 5 AGENDA BILL APPROVAL FORM Agenda Subject: REZ12-0005 – Cruze Rezone Date: October 31, 2012 Department: Planning and Development Attachments: See Exhibit List Budget Impact: N/A Administrative Recommendation: Hearing Examiner recommend to the City Council approval of the Cruze rezone. Background Summary: OWNER/ APPLICANT: Kathryn Cruze, 24216 231st Place SE, Maple Valley, WA 98038 REQUEST: Change in zoning of one parcel from R-7 Residential (7 du/acre) to RO, Residential Office LOCATION: The property is located at 105 M Street NE, Auburn, WA 98002 Parcel Number: 2648000610 EXISTING LAND USE: Single Family Residential with a detached garage and cottage on the property COMPREHENSIVE PLAN DESIGNATION: Residential Office SEPA STATUS: A DNS was issued on October 11, 2012 for the proposed rezone. Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Information Services Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Staff: Chamberlain Meeting Date: November 13, 2012 Item Number: ORD.C Page 103 of 196 Agenda Subject: REZ12-0005 – Cruze Rezone Date: October 31, 2012 Page 2 of 5 The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties are (See Exhibits 9 for the Land Use Map): Comprehensive Plan Zoning Land Use Project Site Residential Office R-7 Residential (7 du/acre) Single Family Residential North Residential Office R-7 Residential (7 du/acre) Single Family Residential South Neighborhood Commercial CN (Neighborhood Commercial) Grocery Store and Drug Store East Residential Office R-7 Residential (7 du/acre) Single Family Residential West Single Family Residential R-7 Residential (7 du/acre) Single Family Residential Zoning Map Subject Site R-7 Residential ORD.C Page 104 of 196 Agenda Subject: REZ12-0005 – Cruze Rezone Date: October 31, 2012 Page 3 of 5 FINDINGS OF FACT: 1. Kathryn Cruze has applied for a rezone from R-7 Residential (7 du/acre) to RO, Residential Office, for property located at 105 M Street NE, Auburn, WA. 2. The rezone site at 105 M Street NE is approximately 12,095 square feet in size and contains an existing single family residence, detached garage, and cottage. The site is a corner lot with M Street NE to the east and 1st Street NE to the south. 3. The land use designation on the Comprehensive Plan Land Use Map, which is adopted as part of the Comprehensive Plan, for the subject property is Office Residential. 4. The applicant filed an environmental checklist that addressed the proposed rezone. A description of future development of the property was included. The applicant proposes to covert the existing single family residence and cottage into a professional office. 5. The RO, Residential Office, zoning district permits professional offices outright (see ACC 18.22.020). The intent of the RO zone is: “RO and RO-H zone is intended primarily to accommodate small-scale business and professional offices, medical and dental clinics, banks and similar financial institutions at locations where they are compatible with residential uses. Some retail and personal services may be permitted if supplemental to the other uses allowed in the zone. This zone is intended for those areas that are in transition from residential to commercial uses along arterials or near the hospital. Conversion of residential uses to commercial uses is geared towards encouraging adaptive re-use of existing single-family structures that continue to appear in accord with the single-family residential character.” 6. The RO zone development standards including setbacks and lot requirements are contained in ACC 18.22.040. 7. Pursuant to ACC 18.68.030 and 18.68.040, all applications for a rezone shall be reviewed by the planning director prior to the scheduling of a public hearing. After review of the application, the director shall determine which of the following two processes should occur to properly hear the rezone: a. If the rezone is consistent with the comprehensive plan, then the hearing examiner shall conduct a public hearing on the rezone and make a recommendation to the city council pursuant to ACC 18.66.170. This application is consistent with the comprehensive plan, as outlined below in the conclusions. 8. On October 11, 2012, the SEPA Responsible Official issued a Determination of Non-Significance (DNS) for the proposed rezone from R-7 Residential (7 du/acre) to RO (Residential Office). There were no comments received, comment period closed on October 26, 2012, and no appeals filed as of the writing of this report. The appeal period ends on November 9, 2012 (Exhibit 5). 9. Pursuant to ACC 18.68.040, notice of a public hearing shall be given at least 10 days prior to the public hearing and in accordance with ACC 14.07.040. The public hearing notice was published in the Seattle Times on October 23, 2012, provided to the property owners within 300 feet of the subject site, posted on the subject property meeting this requirement, and posted on the City’s website (Exhibit 7). 10. The City Council changed their role in quasi-judicial approvals giving that authority to Hearing Examiner to make decisions. Since rezones are approved by Ordinance the City Council is still ORD.C Page 105 of 196 Agenda Subject: REZ12-0005 – Cruze Rezone Date: October 31, 2012 Page 4 of 5 the decision maker on rezones with the Hearing Examiner making a recommendation on the proposal. 11. M Street NE is a principal arterial and 1st Street NE is a local residential street. The road classifications supports the rezone request. Pursuant to Auburn Design Standards Section 10.04.4 direct access to M Street NE would be prohibited. Site access would be required to remain on 1st Street NE. This requirement will be addressed as part of the building permit review. The site plan (Exhibit 4) shows access to 1st Street NE. CONCLUSIONS: ACC Chapter 18.68 provides certain criteria for approval of a rezone: 1. The rezone must be consistent with the Comprehensive Plan. Comment Policy LU-48: The management of areas in transition from existing residences to a planned non- residential use, should balance the needs of existing residents with the need to accommodate new uses. Chapter 14: Office-Residential Land Use Designation The purpose of the Office-Residential designation is to reserve areas to accommodate professional offices for expanding medical and business services, while providing a transition between residential uses and more intensive uses and activities. The applicant submitted for a rezone on September 14, 2012. The subject site is currently zoned R-7 Residential (7 du/acre) but has a land use designation of Residential Office which would allow a rezone to RO, Residential Office. In researching the land use history for the subject site, the M Street corridor between 8th Street NE and East Main Street has been designated Residential Office at least since 2006. The proposed rezone is consistent with the above excerpts from the Comprehensive Plan as the zoning would change to Residential Office bringing the subject property into consistency with the land use designation. The future use of the site will be for a professional office utilizing the existing structure on –site meeting the purpose of the Office-Residential land use designation and maintaining the character of the neighborhood. 2. The rezone must be initiated by someone other than the City in order for the Hearing Examiner to consider the request. Comment The rezone has been initiated by the property owner, Kathryn Cruze, who is also the applicant. 3. Any changes or modifications to a rezone request made by either the Hearing Examiner or City Council will not result in a more intense zone than the one requested. Comment The requested rezone change, from R-7 Residential (7 du/acre) to RO, Residential Office, will not result in a more intense zone than what is requested. ORD.C Page 106 of 196 Agenda Subject: REZ12-0005 – Cruze Rezone Date: October 31, 2012 Page 5 of 5 RECOMMENDATION Based upon the application and Findings of Fact and Conclusions of the staff report, staff recommends that the Hearing Examiner recommend to the City Council approval of the rezone. Staff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of this report EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Vicinity Map Exhibit 3 Application Exhibit 4 Site Plan Exhibit 5 Combined Notice of Application and Determination of Non-Significance with affidavits Exhibit 6 Environmental Checklist and Final Staff Evaluation Exhibit 7 Public Hearing Notice with affidavits Exhibit 8 Aerial Photograph Exhibit 9 Land Use Map ORD.C Page 107 of 196 REZ12-0005 Cruze Rezone Vicinity Map Printed Date: Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map Created by City of Auburn eGIS 10/31/2012 ORD.C Page 108 of 196 Exhibit 3 i i I CITY OF AUBURN or ic€,e e o BU enni a o eropnem oevartman FILE#: /,f, . , i - w sxtNCrow m Clty Hull Mriwc 2n°Fioor FILE NAME: t Eeol Maln Street AuOUm.Washhg0on 88007 888 TypE: Te1:2W.991.9080 FEES PfUD: a 1 Fac Y63.e0A.311A SUBMITTAL DATE: ooimi cantorf aubumwa.aov qryD USE DESIONATfON: WMY.nu6ufnwa.aov SEp 4 i REZONE APPLICATION Q Iu APPUCANT: [Use mafl.ln$ad ress lor meeGng noNl/caBon. 9 Check box il Primary Contact COMPANY•K Y e-. ADDRESS: 2 Z CITY,STA7E ZIP) A O PHONE:$3 D F :Z y -MAIL. K. Gr?J lr y,, i g GNpTURE; PRINTED NAME: K r I S ature 1 9ulredl LM 1}G APPLIC•ANT'.S F N T o Check boxlf Primary Corrtact COMPANY• AD RESS: i CRY,STATE,ZIP) PHONE: FAX: E-MAIL. SIf3NATURE: PRINTED PIAME: Signature Requlreap ROPERTY R : [1 ach aeparate reet/f nesded. bCheck box 1!Primery Contad COMPANY• t' Y C_. ADDRESS: t CITY,STA'TE1 ZIP) b PHONE:7 O L E-MAIL, e h . Gah. SIGNATURE: PRINTED NAME: KQ rl r l?.e. s ga re urreo LM 1 c Noee:Appilcant or represenea0ve muat have propeRy ownar's conaent fo/De fhls appilcatfon form In orde for ft to 6e acaepted PROPERTY INFORMATIOPI(RE4UIRED) Ae8e8soRR cei. IO s NOrnBrwCr EXIS'1'INO EOP E: d E. I PROPOSED USE OF S TE: j I o an j AREA TO DEVELOPED(af.): 3 5 4 i ORD.C Page 109 of 196 i a,,,,, , =;.; CITY OF AUBURN E A U Dwmrtmont of Plemilnp 6 Davebpmanl APPLICATION wesnwctON Aubum City Hell Annax,2""Fbor 7 Eest Maln Sdaet Aubum,Weahinglon 88001d998 ITal:263.937.3080 Fex:253.804.3174 oermitcenterf auburrnve.arn I www.auburmva.aov R OiVE — LETTER OF AUTHORIZATION_ A copy of this letter mus!be submftted for each property owner Irrvolved) I, J. 'TY VUS^ `-Yfit.Z2 declare under penalty of perjury under the laws of the State of ashington as follows; 1. I am the owner of the property that fs the subject of the application. 2. I(] have not appofnted anyone, or[ J have appointed to act as my agent regarding this applicatlon. 3. Ail statements, answers, and information submitted with this application are true and correct to the best of my knowledge and belief. 4. I' agree to hofd the City oi Auburn harmless as to any ciaim (including costs, expenses and attorney's teea incuRed in the irnrestigaiion of such claim) whioh may be made by any person, including the undersigned, and Hled against the City of Auburn, but only where such claim arises out of tlie relfance of the City, Includ(ng its officers and employees, upon the accuracy of the Information provided to the City as part of this appUcation. 5. I hereby grant permission for representaUves of the City of Auburn and any otFrer Federal, State, oi local unit of government with regulatory authority over the proJect to errter orifo my property to inspect the property, take photographs, and post. public notices as required in connecti6n with review of this applicatfon and for compliance with the terms and cundltians of permits and ap vals issued for the project. 5ig re t l3llZ Ov q. 1/'al„ _ 1n1 Priirted Name Date City and State where sigr Z`fZ! (o — 23 ( r! S M.0.o Z- l'a r(,c., _ 9F I 3 ' B/s Address 14 2012 Icrrvu; ,,,, uFRAAIT(71=P'r'' I s ORD.C Page 110 of 196 I il REZONE APPLICATIO'; City of Auburn, WA S 1 September 2012 T p PFRM r ' k`14?p? I r VaU Cottage Gardens Professional Office Park CFNTFF i 105 M St NE I Auburn, WA 98002 LEGAL DESCRIPTION I I Lots 15, 1 G, 17 and 18 Block 7 French's Addition to ti e town of Slaugliter, According to Plat thcreof recorded in Volume 5 of Plats at page 53 Records of King County, WA I I ORD.C Page 111 of 196 I City of Auburn g , Rezone Application September2012 c Sya142D1114?pl? P! A B R I Address: 1 OS M St NE FNTER Aubtiim, WA 98002 Pazcel #• 2648000610 Written Statement The comprehensive plan of the City of Auburn desi iates this property for future use as professional office space. The rezone of the above property is consistent with the comprehensive plan. The conveision of tlus su le family home and cottage to a pirofessional office space will need less municipal services than the current use. Since no families will be living on this i properly, tUe water and sewer use will be decreased The risk of fire wil] be decreased as this wil( be a no smoking building and tliere will not be cooking for family meals. There wili no parties (i.e. alcoho]/drug consumption)which will decrease the likelihood of police pratection needed. I i I I ORD.C Page 112 of 196 i Kathryn Cruze,LMHC 815 East Maia Street y: _ Aubum,WA 98QU2 F d:; 253.640.0499 i'"'q '- ') s P 1.4 zpj`";:g'.. Gtr j `zp12 September 7,2012 r ti!r w;l:j ih'(1 tc:rt W1i•c t?r t1 Mr.Dennis Selle i City Engineer i City of Aubum 25 West Main Street Aubum,WA 98001 Re: Half Stteet.Improvemart.v Deferral Cottage Qardeos Professional Office Building l OS M St NE Auburn,WA 98002 Dear Mr. Selle, As part of a rezone appticafion,I am requesting a deferral on the following half street I improvemenb regarding t6e above menfioned properiy 1. Street lighting: There is adequate skcet liglrting. There are shee.k lights locabed at: a. 1"and L on the SW corner ib. Ist end M on the SE wmer c. M St on tho E side directly across firom the Idrivewaythatbordersthenorthsideofthe property d M St across from the entrance to Peckenpagh's Ihug Store 2. Storm drainage systems: There appears to be adequate drainage on 1 street. I hava owned this property for six yesrs and have never scen eny drainage problems in this area ORD.C Page 113 of 196 Mr.Dennis Selle City Engineer September 7,2012 Page 2 3. Streetlandscaping: Thero is no need for a parking strip with trees/landscaping on 1`Street. 1. The sidewalk is already in on M Street and there is no parking strip between the curb and sidewalk. 2. There is no parking strip on I°'skeet between the sidewalk and curb in front of tha rieighbor's house to the west 3. There are two treas on the pmperiy on the 1 street sidc in front of where the sidewalk woutd go. Putting in more trees would seem redundant. 4. Street channelization: No additional sh eet channelization is needed: There is a stop sign on 1"and M St. If there is any additional information needed,piease let me lmow. S I Cruze,LMHC I n. n 253.640.0499 i I I ORD.C Page 114 of 196 --ry3 - .;o=:sooo/"o/"'17624'1g',E Street N r$llg I9 l!lr p)a -qi$ B ?6 WICKLUND ERVIN €; o 2648000s90 . . b S?. Verti€t curbq-'rlrSLl,lEm --. *s e ? S00%o/o17619'08'E104.99' 6,woodten@ -J9 QAw ('l62o I g J, iF- 9.jts€ Io nfr i \* 6L a 214s'F ; P.7 BE=g 88E= 66* {@zhddgE:Bmm =z-orm I )aS** Hg oco EoPS 9$* tPT V*$ F6e. 3 P. ORD.C Page 115 of 196 Exhibit 5 CITY OP ' 1 T Peter B. Lewis, Mayor t n WASHINGTON 25 Wesf Main Street * Aubum WA 98001-4998 * www.aubumwa.gov* 253-931-3000 NOTICE OF APPLICATION AND DETERMINATION OF NON-SIGNIFICANCE CRUZE REZONE REZ12-0005 AND SEP12-0027 DESCRIPTION OF PROPOSAL: The proposal is to rezone a singie parcel that is approximately 12,095 square feet from R-7 Residential, 7 dwelling units per acre, to R0, Residerrtial Office. APPLICATION NUMBER;SEP12-0027 and REZ12-0005 I i APPUCATION FILED: September 14, 2012 COMPLETE APPLICATION DETERMINED: October 8, 2012 NOTICE OF APPLICATION: October 11, 2012 i PROPONENT Kathryn Cruze, 24216 231"Place SE, Maple Valley, WA 98038 PROPERTY LOCATION: 105 M Street NE„Aubum,WA 98002 Parcel Number: 2648000610 AUBURN CONTACT Elizabeth Chamberlain, AICP, Planning Manager, 25 West Main Street, Aubum, WA 98001 253-931-3092 or echamberlainCc auburnwa.aov STUDIES SUBMITTED WITH APPLICATION: Environmer al Checklist dated September 14, 2012. No other studies requfred. OTHER PERMITS AND PLANS WHICH MAY BE REQUIRED: Building permit, faality extension permit for the public improvements, and utility permits(water, sewer, and storm). STATEMENT OF CONSI9TENCY AND LIST OF APPLICABLE DEVELOPMENT REGULATIONS: This project is subject to and shall 6e consistent with the City of Aubum Zoning Code and Design Standards. j i PUBLIC HEARING: A public hearing is reauired for this proposal. A separate notice wiil be issued when the date has been scheduled. PUBLIC COMMENT PERIOD: You are invited to comment, request a cQpy of the decision, when available, and be made aware of any eppeal rights. Comments must be received in writing within 15 days or by October 26, 2012 5:00 pm by the Aubum Planning and Development Department at the mailina addres's: 25 West Main, Auburn, WA 88001-4998 and Ilocatedat: 1 East Main Street,Aubum WA 98001, Monday-Frfday 8am-5pm. If you call or write, please reference Ffle No. REZ72-0OOb and SEP12-0027 i LEAD AGENCY• City of Aubum The lead agency for this proposal has determined that it does not have probable significant I adverse impad on the environment. M errvironmental impact stateinerrt (EIS) is not required under RCW 43.21C:030{2)(c). This decision was made after review of a completed ernirornner tal checklist and other ir fomration on file with the lead agency This irdormation is available to the public on request. AUBU * tC TI lAN YOU IMAGINEn iORD.C Page 116 of 196 This DNS is lssued under 197-11-340(2); the lead agency wiii not act on this proposal for 15 days from the date issued below. Comments must be submitted by 5:00 p.m. on October 26, 2012. Any person aggrfeved of the Gty's determinaUon may file an appeal with the Aubum City Clerk within 14 days of the dose of the commerrt period, or by 5:00 p.m. on November 8, 2012. Responsible Off(cial: Kevin Snyder,AICP Position/Title:Director Plarming and Development Department Address: 25 West Main Street Auburn,Washington 98001 253-931-3080 Date Issued: October 11. 207Z Signature: I I I ORD.C Page 117 of 196 t e Sea te 'es City OfAuburn Finance Dept City Clerk 25 VJ Main St Auburn,WA 98001 Re:Advertiser Account# 107302 Ad#• 247047 A£fidavit of Publication STATE OF WASHII IGTOI3 Newspaper and Publicatian Date(s) Counties of King and Snohomish The undersignal,on oath stetes that he/she is an authorized representa6ve ofThe SeatUeTimes Company, publisher of Tha Seattle Times of geneaal circulation pubGshed daily in King and Snohomish Counties,State of Washin ton.The Ssattle Times has been approved as a legal newspapw•by otheas of the Super•ior Court of King and Snohomish Counties. Seattle Times 10l11/12 The notice,in the exact form annexed,was published in the regdlar and 6nHre issue of said paper or papers and distrib uted to ita eubscribers during ell of the said period. i I A ent YhAUaE/onl E P r,a. Signature (ad,,F.w 1.,^• eNU i1y;,!;', q.' Subscribed and sworn to before me on a r.DAr A , . # ture Notary Public in aa or t State of VJashington,residing at Seahle pF Vlh 1LL.W. . 1VA id b+ qq naORD.C Page 118 of 196 eSe.tlet itn.e Re:Advertiser Account# 107302 Ad#• 24'7047 T cin or auouaN ton eixee Nor ee t11! IGAI OBQpCRMINATIONpOF NONBOZN7-0WSANDSQPINI N DHSC t)IMp ION Oe o M m I Ri W mb L 7 alll q ia pu a m,Rto R0.WaaWbl011ka. YPPLKRiION NYMBSRi I6EP71•Wt/oa0 RBZI4•OU05 RVVUCGTION PILBDS 7mt m0u N,t01] 0 4RPiLICATIOeI OeleN/diN80: 9014 IyAyRpLEOxFAPPt lCNiryIONn:RyWyR,11.91] Mypopo5p58R,EMO01ys VaTlleY WR YIIif i NE.WAp98W7 bal,tt l Nu I Wlfq C p q fOMa A P br i.WA f 7Y9i1• ifTYD1H3lUBMitt@DWRHAPPLICA• 7 ONi finWron n 1 Cbcklbl tlote0Spnatlmber14YO{i,otMf ttu0lu n• OTXER P6RMIT7 AND PLANS WNICM IMA80R! aUIRBD BuIWtf pfmit.mnr snmi i.onfullllmv wim(vmben I p p o ontl lorm)• C y RI8T0 AriOW CBLBN fiVOroNABNT f.'"°'P'`ga':a"ad i S ontloNA K MwOUleb0. bi 'ueE wlieetlrcAtla osb00e n I tU f COMMHNT PHR oo: ro e.. imlocommm1,wcyy o caw ofOowcsMbn, urmMn mm oa noM es mo mo Y{1 Cs nnlvW nlin0VwI1NnISmi bl'vt 70.13:WOrt IMIW. I flWIi4/1V p1y p, 9lp01•W Miritlov-Rrllw an•6 om i.tl OOR pM P LOOA. Flb I TMieO EaN 1 I ip ppivl hm dw a°Iio1 aom ml hew nroeoeb tlYnlfkmttoawrwlmmoct me<mhon• mmt. mlmnment 1 oec'q menl (EI nW uMx RCW 1.SI 1<I:T IC tl ds Mos ma0 011w el IMaE mVO onM wi` wen.rnii m°oimononLL I9 4.a w.. p°4:"w:;a„ 4,M'a'Ieh PdBlewCan It must b euOmMed M oo .m.on c Om 7 tota. Am mwn R orornwaweonr wic*Il C tgrumrninipt cleif wI1Mn 140oY ef Ib ctaro ol M cammant M Od a Ov 3:00 p.m. on NOVemp'r 9, o ORD.C Page 119 of 196 cmroF *.,.°",• WASHINGTON AFFIDAVIT OF POSTING OF LEGAL NOTICE BY APPLICAWT Application Nc.: REZ12-0005 and SEP12•0027 AppUcant: Kathryn Cruze Location:105 M Street NE,Auburn, WA 98002 I certify that on ! Z I did erect a land use posting board at the location above, which included a Notice of Appiication and Determination of NonSignificance for the above referenaed application, as i required by Auburn City Code 1.27, 14.07.040„and 18.06.090. The board was I erected at least 15 days prior to close of the public comment period. I declare under penalty of perjury of the laws of the State of Washington that the i foregoing is true and correct. i I la lt -. Name (please ri type) Date I Signature i i ORD.C Page 120 of 196 Exhibit 6 I CITY OF AuBURN SEPA ENVIRONMENTAL CHECKL:IST B•U Plenning&Development epartment weSx NG70N Aubum Cily Hall Annex,2ntl Floor DO1EastMainStreet1 _ IAubum,Wanhln8an 98001 4998 f ( Tet 253.931.7090 q FaX;253.804.3714 l 1 L permilcenter auburmxa.aov I wnv.auburnwa.aov Cf A kn SEPA ENVIRONIUIE(VTAL CHECKLIS ERMITCENTER 1 Name of proposed project, if applicable: Cottage Gardans Professional Office Park 2. Name of Applicant: Kathryn Cruze, LMHC 3. Address and phone number of applicant and contact person: A. Applicant: 815 East Main Street,Auburn, WA 98002/Kathryn Cruze, IMHC/253.640.0499 8. Aqent (if applicable): N/A 4. Date checklist prepared: September 4, 2012 I 5. Agency requesting checklist: City of Aubum I I I 6. Proposed timing or schedule (including phasirig, if applicable): i I Initial phase will be rezone, then apply for permits, then go to construction in Fali 2012. 7 Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No S. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Not applicable to project. 9. Do you know whether applications are pending for govemmental approvais of other proposals directly i affecting the property covered by your proposal? If yes, explain No 10. List any overnment approvals or permits Uiat will be needed for your proposal, if known. 9 I 1 Rezone approval from City of Auburn; 2. Building permits from City of Auburn ORD.C Page 121 of 196 Environmental Checklist(Continu, TC. .E COMPLETED BY APPLICANT I 11 Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in th{s checklist ihat ask you to describe certain aspects of your I proposal. You need not repeat thoss answers on this page. i 1 Convert existing 990 square foot two bedroom single family hbme into four professional o ce spaces. 2. Convert 400 square foot studio/cottage into one professional office space. This wili be a combined square footage of 13D0 square feet of professional ofTice space. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your i proposed project, including a street address, if eny, and section,township, and range, if known. If a proposal would occur over a range of area, provide the range or boundazies of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit ianyplansrequiredbytheagency, you are riot required to duplieate maps or detailed plans submitted with any permit applications related to this checklist. Lots 15, 16, 17 and 18, Block 7 French's Addition to the town of Slaughter according to Plat thereaf Plats at page 53 records of King County, WA Address: 105 M St NE, Auburn, WA 98002i Parcef #2648000610 i ENVIRONMENTALELEMENTS 1. Earth A. General description of the site(circle one): Fiat, rolling, hilly, steep slopes, mountainous, other I Relatively flat. B. What is the steepest slope on the site(approximate percent siope)? Less than 1% i C. What general types of soils are found on the site(for example, clay, sand, gravel, peat, muck)? If you know the classification of agriculturaf soils,specify ihem and note any prime farmland. 2 ORD.C Page 122 of 196 Environmental Checklist(Continti. . T .E COMPLETED BY APPLICANT The valley floar is made up primarily of soils of fhe Oridia, Renton, Snohomish, and Briscott series. D. Are there surFace indications or history of unstable soils in the immediate viciniry7 If so,describe. Soils are susceptible to seismic activity. E. Describe the purpose, rype, and approximate quantities of any filling or grading proposed. Indicate source of fill. Not applicable. I F Could erosion occur as a result of clearing,constnaction,or use? If so,generally describe. Not applipble. I i G. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)7 Approximately 3500 sq ff/12,500 sq ft=28°/a H. Proposed measures to reduce or control erosion, or other impacts to the earth. I The project will use design and construction standards to address erosion impacts. Limited sile work. 2. Air A. What types of emissions to the air would resutt from the proposal (i.e., dust, automobile, odors, industriai wood smoke) during construction and when the project is completeil? If any, generafly describe and give approximate quantities ff know. There will be temparary, Iimited emissions during construction. The site is an existing developed site. Site- work will be limited to walkways and parking. B. Are there any off-site sources of emissions or odors that may affect your proposal7 If so, generally describe. Not applicable.i I C. Proposed measures to reduce or control emissions or other impacts to air; if any None 3 ORD.C Page 123 of 196 Environmental Checklist (Continu_ TZ .,E COMPLETED BY APPLICANT 3. Water A. Surtace 1 j is there any surtace water body on or in the immediate vicinity of the site (including year round and seasonal streams, saltwater, lakes, ponds, wettands): If yes, describe type and provide names. If i appropriate, state what stream or river it flows into. No 2) Wfll the projed require any work over, in, or adjacent to(within 200 feet)the described waters7 If yes, please describe and attach available plans. Not applicabie. No water near project. 3) Estimate the amou t of fiU and dredge material that would be placed in or removed from surtace water or wetlands and indicate the area of the site that would be affected. Indicate the source of fiil material. None 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantitfes if known. No i 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site p an. No 6) Does fhe proposal involve any discharges of waste materiais to su'rface waters? If so, describe the type of waste and anticipated volume of discharge. No i B. Ground 1) Will ground water be withdrawn, or will,water be discharged to ground water9 Give general description, purpose, and approximate quantities if known. No 2 Describe waste material that wilf be discha ed into the round from se tic tanks or other sourcesr99p if any (for example: domestic sewage; industriai, containing any toxic chemicals; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be i served Qf applicable), or the number of animals or humans the system(s) is (are)axpected to serve. i I i Not applicable. C. Water Runoff(including storm water) 4 ORD.C Page 124 of 196 Environmentai Checklist (Continu. T4 E COMPLETED BY APPLICANT 1) Describe the source of runoff(including storm water) and method of collection and disposal, if any include quantities, ff known). Where will ihis water flowT Will this water flow into other waters? If so, describe. New impervlous surtace on the site will be from walkways and parking. Water will infiltrate on site. 2) Could waste materials ente ground or surface waters? If so, generaliy describe. Not applicable. i I D. Proposed measures to reduce or control surface, ground, and runofF water impacts, if any Water will infiltrate on site. 4. Plants A. Check or circle types of vegetation found on the sife: C Deciduous Tree:Alder, Maple,Aspen, Other C' Evergreen Tree: Fir, Cedar; Pine, Other C 3' Shrubs Grass Pasture Crop or Grain Wet Soil Piants: Cattail, Buttercup, Bullrush, Skunk Cabbage, Other Water Plants:Water lily, Eelgrass, Milfoil, Other Other Types of Vegetation B. What kind and amouM of vegetation will be removed or altered? I One tree wili be removed for parking. One diseased tree wiil be removed. C. List threatened or endangered species known to be on or near the site: 5 ORD.C Page 125 of 196 Environmental Checklfst(Continu. . TZ E COMPLETED BY APPLICANT I None that are known. i I D. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on i the site, if any i Native pfants, perennials, and annuals will be used. i 5. Animals I A. Cirde any bfrds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other geese, ducks, crows, etc. i Mamrtials: deer, bear, elk, beaver, other Fish: bass, salmon,trout, herring, shell sh, other B. List any threatened or endangered species known to be on or near the site. None I C. Is the site paR of a migration route7 If so, explain. Auburn is a portion of the Paciflc Flyway far migratory birds. I D. Proposed measures to preserve or enhance wildlife, if any: None 6. Energy and Naturat Resources A. What kinds of energy (elecfic, natural gas, oil, woal stove, solar) wiil be used to meat the completed projecYs energy neeils? Describe whether R will be uaed for heating, manufacturing, etc. Elechic and natural gas for heating. B. Would your project affect the poterrtial use of solar energy by adjacent properties? If so, generally describe. i No, it is an existing developed site. s ORD.C Page 126 of 196 Env ronmental Checklist(Continu. . TZ .,E COMPLETED BY APPLICANT C. VVhat kinds of energy conservation features are included in the plans of this proposal9 List other propaaed measures to reduce or control energy impacts, if any: No I 7 Environmental Health A. Are there any ernrironmental heatth hazards, indu ng exposure to tobc chemicals, risk of fire and explosion, i spBl, or hazardous waste that could occur as a resuR of this proposal? I(so,describe. Not applicable. i 1) Describe special emergency services that might be required: Not applicabfe. i i 2) Proposed measures to reduce or control environmental heaith hazards, if any Not applicable. I 8. Noise A. What types ot noise ebst in the area which may affect your project (for example: traHic, equipment, operation, other)1 None B. What types and levels of noise would be created by or associated with the projed on a short-term or a long-teim basis(for example: traffic, constructfon, operation, other)? Indicate what hours noise would come from the site. No long term noise will be created. Temporery short terrn during constr.uction. Most of the work will be done inside the structures. C. Proposed measures to reduce or control noise impact, if any Not applicable. 9, Land and Shoreline Use A. What is the current use of the site and adjacent properttes? I I This site is a residential site. It is adjaceM to commercial property I i B. Has the site been used for agriculture7 If so, descn'be: Much of the Green River Valley and the City of Au6urn were used for agriculture at some time in the past. Over the last severel decades, rapid growth in the area resulted in much of the agricultural land concerting to urban uses. No land within the aty is designated es agricultural, though some parcels continue as that type of use. This site was tiuilt in the 1950's and has not been used for ag}iculture since that time. 7 ORD.C Page 127 of 196 i Environmental Checklist (Continu. . T(. E COMPLETED BY APPUCANT C. Describe any structures on the site: i 1). 900 square foot single family home, 2.)400 square foot studio cottage, 3.) 600 square foot garage. I I D Will any structures be demolished? If so, what? No E. What is the current zonin classification of the site? R-79 I F What s the current comprehensive pian designation of the site7 j I Residential Office. This proposal is to rezone to Residential Office: G. If appiicable, what is the current shoreline master program designation of the site? Not Applicable. I H. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify No I. Approximately how many people would reside or work in the completed project? 5 i J. Approximately how many people would the completed project displace? None I K. Proposed measures to avoid or reduce displacement impacts, if any Not Applicable L. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any The project is compatible with the neighborhood; taking a single family home and converting to a residentfal office. g ORD.C Page 128 of 196 Environmental Checklist(Continu_ T(. E COMPLETED BY APPLICANT HOUSING A. Approximately how many units would be provided, if anyl Ind cate whether high, middle, or low-income housing. Not Applicable. Converting mtddle-income single family home and cottage to professtonal office. B. Approximately how many units, if any, wouid be eliminated? Indicate whether high, middle, or low- income housing. Two middle income units woutd be eliminated. I C. Proposed measures to reduce or control housing impacts, if any None: AESTHETICS i A. 1Nhat is the taliest height of any proposed strudure(s), not including antennas; what is the principal exterior building material(s) proposed? Not Applicable. Existing structure. B. What views in the immedfate vicinity would be altered or obstructed? None C. Proposed measures to reduce or control aesthetic impads, if any None LIGHT AND GLARE j 1 What type of light or glare will the proposal produce? What time of day would it mafnly occufl i The exisGng lighting will be improved in quality and in character with the existing neighborhood. 2. Could Iight or glare from the finished project be a safety hazard or interfere with views7 No 3. What existing off-site sources of light or glare may affect your proposal? No i, 4. Proposed measure to reduce or control light and glare impacts, if any Not Applicable. j RECREATION 1. What designated and informal reaeational opportunities are in the immediate vicinity7 Not Applicable. 9 ORD.C Page 129 of 196 i Environmental Checklist(Continu . TG E COMPLETED BY APPUCANT 2. Would the proposed project displace an existin recreational uses? If so, describe. NoY9 3. Proposed measures to reduce or control impacts on recreation including recreation opportunities to be provided by the project or applicant, if any Not Applicable. HISTORIC AND CULTURAL PRESERVATION 1 Are there any places or objects listed on, or proposed for, national, state, or Iocal preservation registers known itobeonornexttothesite? If so,generally describe: No 2. Generally describe any landmarks or evidence of historic, archaeological, scientific, or culturat importance known to be on or next to the site. Not Applicable. 3. Proposed measures to reduce or control impacts, if any Not Applicable. TRANSPORTATION 1 ideritify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. I Currerdly accessed on 1"St This is a comer lot on M St NE and 181 2. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? This slte does not have a pubiic transit stop, however there is a bus stop across 1"on M Street within one half of a block. 3. How many parking spaces would the completed project have9 How many would the project eliminate? The completed project would have one handicapped parking space. The additional parking space will be on street parking. The project would replace the single driveway i 4. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generaily describe ndicate whether public or private): 10 ORD.C Page 130 of 196 i tnvironmental Checklist (Continu . T E COMPLETED BY APPLICANT Haft-street improvements may be required. Appllcation wiil be made for half-street improvement deferral. 5. Wdl the project use(or occur in the fmmediate vianity o water, rail, or air transportation? If so, generatly describe: No i i 6. How many vehicular trips per day would be generated by the completed project7 If known, indicate when peak volumes would occur I I There will be approximately 10 to 12 vehicular trips per day This will replace six to eight trips per day from the residence with a net increase of 4 trips per day These trips wili be spread out during the work day rather than condensed during rush hour I i 7 Proposed measures to reduce or control transportation impacts, if any: None PUBLIC SERVICES 1. Wouid the project resuft in an increased need for public s_ervices (for example: fire protecdon, polic protedion, health care,schools,other)7 if so,generally descrbe: Unchanged. 2. Prapos.ed measures to redu or controi direct impact on public services, if any: Not Applicable. I UTILITIES 1 Circle utilities currently available at the site: Electricity,water, sewer, telephone, garbage, cable, natural gas 2. Describe the utilifres that are proposed for the project, the utility providng the service, and the general construction activities on the sfte or in the immediate vicinity which might be needed: Eiedricity,water,sewer,telephone,garbage, natural gas,and cable 11 ORD.C Page 131 of 196 Environmental Checktist (Continu. , TZ E COMPLETED BY APPLICANT SIGNA7URE I The above answers are true artd complete to st of my knowledge. I understand that the lead agency is relying on them to make its decision. OWNER/AGENT SIGNATURE: i DATE SUBMITTED• RI f ( [ I I I I I 12 ORD.C Page 132 of 196 Environmental Checklist(Continuec., TO b.. COMPLETED BY APPLICANT 5UPPLEMENTAL SHEET FOR NON-PROJECT ACTIONS Do not use this sheet for project action) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answrering these questfons, be aware of the e ent of the proposal, or the types of activities likely to result from the proposal that would affect the item at a greater intensily or at a faster rate than if the proposai were not implemeMed. Respond briefly and in general terms. 1 How would the proposal be Ifkely to increase discharge to water; emissions to air; production, storage, or refease of toxic or hazardous substances; or production of noisel The proposal is not likely to increase discharge to water,emfssions to air, or release/store hazardous substances or a production of noise. The proposal is to rezone a single parcel that Ia approximately 12,000 square feet from R-7 Residential, 7 du/acre, to RO, Reaidential Office. If the rezone is successful then the existing single famtly residence wili be converted to a professional office. A. Proposed measures to avoid or reduce such increases are: i My additionai impervious surFaces and resuiting storm water for the walkways will be iniiltrated and meet the City's requirements. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The proposal is not likely to affect plants, animais,fish, or marine life. The Green River is not within 200 feet of the subJect property and Is approximately'/.mile awray. The proposal does include removal of one exisfing hee for the on-sfte parking space that is required. I A. Proposecl measures to proted or consenre plants, animals,fish, or marine life are: Additional plantings are proposed to include.native piants, perennials, and annuals. The inteM is maiMain the single family residemial charecter of the propeRy. 3. How would the proposal be Iikely to deplete energy or natural resources? The proposal would not deplete energy or natural resourses. The subject property has an existing single family horrme and the proposal is to convert that structure to a profeasional office. The professionai offlce will likely use less energy as the business Is open standard hours of 8-5pm. A. Proposed measures to protect or conserve energy and natural resources are: See response above. 4. How would the proposal be Ifkety to use or affect environmentally sensitive areas or areas designated(or eligible or under study)far governmerrtal protection;such as parks,wildemess,wild arttl scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetiands, floodplains, or prime farmlands7 The proposal will not use or affect environmentaliy sensitive areas. There are no sensitive areas on the subject property or within the vicinity ot the property. A. Proposed measures to protect such resources or W avoid or reduce impacts are: 10 ORD.C Page 133 of 196 Environmental Chedclist(Corrtinue. TO k. :.OMPLETED BY APPLICANT There are no measures proposed to protect such resources as resources will not be impacted. 5. How would the proposal be likefy to aifect land and shoreline use, including whether it would aliow or encourage land or shorellne uses incompatible with existing plansl The proposal is not likely to affect land and shoreline use. The Green River shoreline area is approximately'/.miles from the subject site. There is minimal new impervious surfaces proposed within the project, sidewalks and new walkways to the building entrance. A. Proposed measiares to avoid or reduce shorelfne and land use Impacts are: Any new impervious surfaces and the resulting storm water will be addressed through the City's stormwater design marival. 6. How would the proposal be likety to fncrease demands on transportation or pubiic services and utilities? The proposal wili Iikely not increase demands on public services. The proposal may slightly increase transportation and utilitles as the existing single family residence will be converted to a professional office. A. Proposed rneesures to reduce or respond to such demand(s)are: The proposal will be required to pay additional system development charges ff additional water fixtures iareinstalledaspartoftheconversion. The proJect wili not requlre additEonal traffic impact fees as the proposed professional office Is a less rate than a single famiiy home so there is a credit on the properry. i 7 Identify, if possible, whether the proposal may conilict with local, state, or federal laws or requirements for the protection of the environment. i To my knowledge the proposal will not cor flict wlth local, state, or federal laws or requirements for the j protection of the environment. I 11 ORD.C Page 134 of 196 Final Staff Evaluatlon far Environmental Checklist SEP12-0027 FINAL STAFF EVALUATION FOR ENVIRONMENTAL CHECKLIST SEP06-0004 Date: October 8, 2012 Project Name: Cruze Rezone Applicant: Kathryn Cruze 24216 231" Place SE Maple Valley, WA 98038 Locatlon: 105 M Street NE, Aubum,WA 98002. Parcel Number 2648000610 Proposal: Applicant proposes to re-zone the subject property from R-7 Residential, 7 dwelling units per acre, to RO, Residential Office. Subsequerrt improvements include converting the existing single family residence to a professional offce. ExisUng Zoning: R-7 Residential, 7 dwelling units per acre-proposal would change the zoning to RO, Residential Office Comprehensive Plan Designation: Residerrtiai Office A. Background Pursuarrt to WAC 197-11-340(2), the City of Aubum is required to send any DNS which may resuk from this environmental review, along with the checklist, to DOE, the Army Corps of Engineers, other agenaes with jurisdiction, affected tribes, and interested parties. Therefore, the City will not act on this proposal for ftReen days after the issuance of a combined NOAlDNS October 26, 2012 comment period ends). 8. List any environmental information you know about that has been prepared, or will be prepared, direcGy related to this proposal. Environmental Checklist dated September 14, 2012 B. Environmental Elements 1. Earth Concur with the chedclist 2. Air The proposal is a non-project action; however, short-term impacts on air quality could occur during site preparation and paving operations. Construction adivity, including the hauling of construction mffierials will coMribute to short-term increases in local suspended particulate levels. These impacts wili be controlled through watering the site as necessary Street cleaning in accordance with the City's Desian and Construction Standards manual will also lessen these impacts. Minimizing the increased levels of suspended particulates is a priority of the City The City shall consider measures that will keep the levels of on-site and off-site dust emissions at acceptable levels. Page 1 of 5 ORD.C Page 135 of 196 Final Staff Evaluation for Environmental Checklist SEP12-0027 Applicable policies adopted and designated as a basis for the exercise of substantive authority under SEPA to approve, condition or deny proposed actions are noted as foilows: The City shall seek to secure and maintain such levels of air quaiity as wiil protect human health, prevent injury to plant and animal I'rfe, prevent injury to property,foster the comfort and convenience of area inhabitants, and facilitate the enjoyment of the natural attractions of the area. (Policy EN-18, ACP) The City shall consider the impacts of new development on air quality as a part of its environmerrtal review process and require any appropriate mRigating measures. (Policy EN- 22,ACP) 3. Water a. Surface Staff concurs with the checklist. b. Ground Concur with the checklist; however, NPDES Phase II will be applicable to the project. e. Water Runoff(including storm water) Concur with the chedclist; however, NPDES Phase II will be applicable to the project. The proposed additional impervious surfaces includes a walkway from the ADA parking space to the acxessible entrance of the structure. The anticipated increase in impervious surFaces is less than 2,000 squa2 feet. Applicable poliaes adopted and designated as a basis tor the exercise of substantive authority under SEPA to approve, condrtion or deny proposed actions are noted as follows: Stortnwater drainage improvement projeds that are proposed to discharge to groundwater, such as open water infiftration ponds, shall provide for surface water pretreatment designed to standards ouUined in the Washirigton State Department of Ecology's Stortnwater Management Manual for the Puget Sound Basin. Oreinage improvement projects that may poter tialty resuft in the exchange of surface and ground waters, such as detention ponds, shall also incorporate these standards. (Policy EN-2, ACP) The City will regulate any new storm water discharges to creeks, streams, rivers, ponds, lakes and other water bodies with the goal of no degradation af the water quality or habitat of the receiving waters, and where feasible seek opportunities to enhance the water quality and habitat of receiving waters. (Policy EN-4, ACP) The City's design standards shall ensure that the post development peak stortnwater runoff rates do not exceed the predevelopment rates. (Policy EN-10, ACP) The City will seek to ensure that the quality of water leaving the City is of equivalent quality to the water errtering. This will be accomplished by emphas¢ing preverrtion of pollution to surface and ground waters through education programs and implementation and enforcement of Best Management Practices. (Policy EN-11, ACP) Page 2 of 5 ORD.C Page 136 of 196 Final Staff Evaluation for Environmental Checklist SEP12-0027 The City shall consider the impacts of new development on water quality as part of its environmental review process and require any appropriate mitigating measures. Impacts on fish resources shall be a priority concern in such reviews. (Policy EN-13, ACP) The City shali require the use of Best Management Practices to enhance and protect water quality as dictated by the City's Developer Design Manual or other designated standard until is completed. In all new development, bi ftration or other approved treatment measures shall be required prior to discharging stortn waters into the City storm drainage system or into environmentally sensitive areas (e.g. wetlands, rivers, and groundwater). (Policy EN- 12, ACP) The City shall require the use of Best Management Practices to enhance and protect water quality as dictated by the City's Design and Construction Standards and the Washington 5tate Department of Ecology's Stormwater Management Manual for the Puget Sound Basin. In all new development, approved water qualify treatmerrt measures that are applicable and represent the best available science or technology shall be required prior to discharging storm waters into the City storm drainage system or into environmentally sensitive areas e.g.wetlands, rivers, and groundwater.) (Policy EN-14, ACP) The City recognizes that stormwater treatment facilities do not function efficiently unless maintained. The City shall strive to ensure that public and private stormwater collection, detention and treatment systems are propeiiy maintained and functioning as designed. Policy EN-17, ACP) fhe City shall enact ordinances and review development proposals in a manner, which restricts and wntrols the discharge of storm water for new development. At a minimum, the peak discharge rate after development shall not exceed the peak discharge rate before development. (Policy EN-55, ACP) 4. Plants Concur with the checklist. Applicable policies adopted and designated as a basis for the exercise of substantive authority under SEPA are noted as follows: The City shall encourage the retention of vegetation and encourage landscaping in order to provide fiRering of suspended particulates (Policy EN-20, ACP). The City shall seek to protect any unique, rare or endangered species of plants and animals found within the City by preventing the indiscriminate and unnecessary removal of trees and groundcover; by promoting the design and development of landscaped areas which provide food and cover for wildlffe; and by protecting and enhancing the quality of aquatic habitat Policy EN-23, ACP). The City shall wnsider the impacts of new development on the quality of land, known or suspected fish and wildlife habitats (Map 9.2) and vegetative resouroes as a part of its environmental review process and require any appropriate mitigating measures. Such mitigation may involve the retention of sign'fiicant habitats and the use of native landscape vegetation (Policy EN-24, ACP). Page 3 of 5 ORD.C Page 137 of 196 Final Staff Evaluation for Environmental Checklist SEP12-0027 The City shall encourage the use of native vegetation as an integral part of public and private development plans (Policy EN-31,ACP). The City shail discourage the unnecessary disturbance of natural vegetation in new development(Policy EN-32, ACP). The City shall encourage the use of water conserving plants landscaping for both public and private projects (Policy EN-33, ACP). 5. Animals Concur with the checklist. 6. Energy and Natural Resources Concur with the checklist. 7 Environmental Health Concur with the checklist. 8. Noise Concur with the checklist. 8. Land and Shoreline Use There is an existing residence on the property as well as a detached garage and accessory structure. The adjacent properties are developed with single family residential to the west, north, and east. To the south is an existing neighborhood commercial center with a grocery store and drug store. The existing single famity residence is proposed to be converted to a professional office. Existing zoning for the site is R-7 Residential, 7 dwelling unfts per acre and the proposal is to rezone to RO, Residential Office. The comprehensive plan designation is Residential Office. Adjacerrt zoning and land uses include: North: R-7, Residential 7 du/acre South: CN, Neighborhood Commercial;to the SE is RO, Residential Office East: R-7, Residential 7 du/acre West: R-7, Residential 7 du/acre 10. Housing Concur with the checklist 11. Aesthetics Concurwith the checklist. 72. Light and Glare Concur with the checklist. 13. Recreation Concur with the checklist. 14. Historic and Cultural Preservation Page 4 of 5 ORD.C Page 138 of 196 Final Staff Evaluation for Environmental Checklist SEP12-0027 A historic and cuRural resources study has not been prepared for the site as this is a non-project action and the proposed improvements are interior to the structure and minor site improvements related to walkwaj+s. The state of Office of Archeology and Flistoric Preservation is not ed of the SEPA detertnination. The dosest designated historic structure(s) is approximately '/. a mile west of the subject property 15. Transportatlon Concur wfth the checklist. 16. Public Services Concur with the checklist. 77. Udlities Concur with the checklist. C. Condusion: Pursuant to growth and environmental policies of the Cily's Comprehensive Plan: The growth impacts of major private or public development which place sign cant service demands on community facilities, amenitles and services, and impacts on the Citp's general quality of I'rfe shall be carefuly studied under the provisions of SEPA prior to development approval. Siting of any major development (including public facilities such as, but not limited to, solid waste processing facilkies and landfills) shall be carefully and thoroughly evaluated through provisions of SEPA prior to projed apProVal, cond'i6onal approval, or deniai. Appropriate mitigating measures to ensure conformance wRh this Plan shall be required. (Policy GP-6, ACP) D. Non-Project Action Supplemental Concur with the checklist. Based'on this analysis, the proposal can be found to not have a probable sign cant adverse impact on the environment and a Detemiination of Non-Significance (DNS) is the appropriate determination. The City reserves the right to review any future revisions or alterations to the site or to the proposal in order to determine the environmental significance or non-sign cance of the project at that point in time. Prepared by Elizabeth Chamberlain, AICP, Planning Manager Page 5 of 5 ORD.C Page 139 of 196 i x Exhibit 7 T PePer B. Lewis, IVlayor 1NASHINGTON 25 WestMainStreel * Aubum WA98001•4998 * www.auburnwa.gw r Y53=981•3000 i NO ICE OF PU LIC HEAV ZVNG I Cruae Rezone REZ12-0005 I The Hearing Examiner of the City of Aubum,Washington,wili conduct a public hearing on Tuesday, November 13, 2012, at 6:30 p.m. in the Counail Chambers of the Auburn City Hall located at 25 West Main Street on the foliowing: DESCRIPTION OF PROP03AL. The proposal is to rezone a single parcel that is IIapproximately12,095 square feet from R-7 Residential, 7 dwelling units per acre,to RO, Residential Office. I APPLICATION NUMBER: REZ12-0005 PROPONENT Kathryn Cruze, 24216 231"Place SE, Maple Valley, WA 98038 PROPERTY LOCATION: 105 M Street NE,Aubum,WA 98002 Parcel Number: 2648000610 Public Comment Period: You are invlted to express comments up urrtii and at the public hearing. Written comments may be submitted to Elizabeth Chamberlain, AICP, Ptanning Manager Planning and Development Department, 25 West Main Street, Auburn, WA 98001- 4898 or via email at echamberlain aubumwa.gov For citizens with speech, sight or hearing dfsabiiities wishing to review documents pertaining to this hearing, should contact the City of Aubum wifhin 10 calendar days prior to the meeting, as to the type of service or equipmerrt needed. Each request will be considered individualiy accordfng to the type of request, the availabiliry of resources, and the financial ablity of the City to provide the requested services or epuipment. If you have fu ther comments or questions related to this applicaUon, you may contact Elizabeth Chamberla(n, AICP, Planning Manager at (253) 831-3092. If you call or write, please reference Fiie No. REZ72-0005 UBURI I +' MORE THAN YOU IMAGINL'D ORD.C Page 140 of 196 AFFIDAVIT OF POSTING OF LEGAL NOTICE BY STAFF I Application No.. REZ12-0005 Applicant: Kathryn Cruze i Location: 105 M Street NE, Aubum, WA 98002 I Date of Public Hearfng: November 13, 2012 i I certi that on C?'l/ 2 f Z I fy I did affix a Notice of Public i Hearing for the above referenced application, as required by Auburn Ciry Code 1.27 16.66.130, to the land use posting board erected at the above site. This notice was posted at least 10 days prior to the date of public hearing noted above. I declare under penalty of pery'ury of the laws of the State of Washington that the I foregoing is true and correct. i Elizabeth Chambe lain iName (please print or e) C• igna I D -(-I Z Date ORD.C Page 141 of 196 c rYOF /— WASHINGTON AFFIDAVIT OF MAILING NOTICE OF HEARING Appllcation No.:REZ12-0006 Applica t:Kathryn Cruze Locatfon: Parce1 264800067 0 105 M ST NE Date of NoHce of Public Hearing: October 31, 2012 Date of Hearing: November 13, 2012 1 certify that on 10/30/12 I sent the: Notice of Applicatfon, (within 14 days after the application was determined complete ACC 14.07.020 and a minimum of 15 days prior to a scheduled open hearing per ACC14.07.030), A dlOr, X Notice of Public Hearing, (a minimum of 10 days prior to a scheduled open hearing ACC 18.66.110 and 130). The notice for the above referenced applicatfon was mailed to all property owners located within 300 feet of the Subject Property Said Notice was maiied pre-paid stamped through the United States Postal Service. I declare under penalty of perJury of the laws of the State of Washington that the foregoing is true and correct. I G'(', 1.C` Darcie Hanson Administrative and Business Services Manager Planning and Development Department 25 West Main Street,Auburn,WA 980D7 253)931-3080 www.auburnwa.aov Mlpl/auburMp'tlB lUp00ltlevalapMnUDevelopmaM/I PrOjedaRELRE212-0005 CNiM4Aellup Nfltlpw•RWUaOx RsvosE:B'.10f10 ORD.C Page 142 of 196 REZ12-0005 Cruze Rezone Aerial Map Printed Date: Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map Created by City of Auburn eGIS 10/31/2012 ORD.C Page 143 of 196 REZ12-0005 Cruze Rezone Land Use Map Legend Printed On:10/31/2012 Created by City of Auburn eGIS Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Parcels Street Centerlines Land Use Residential Conservency Single-Family Residential Moderate Density Residential High Density Residential Office Residential Neighborhood Commercial Light Commercial Heavy Commercial Downtown Light Industrial Heavy Industrial Public and Quasi-Public Open Space ORD.C Page 144 of 196 Exhibit 10 1 BEFORE TH HEARING EXAMIN R FOR THE CITY OF AUBURN 2 Phil Olbrechts,Hearing Examiner 3 RE: Cruze Rezone 4 F[NDINGS OF FACT,CONCLUSIONS 5 REZ12-0005 OF LAW AND RECOMIVIENDATION. 6 7 INTRODUCTION 8 The Applicant has requested a rezone of one parcel with an area of 12,095 square feet 9 located at LOS M Street NE fi+om R-7, Residential seven dwe[ling units per acre, to RO,Residential Office. The rezbne is riecessary w make the zoning map designadon 10 consistent with the resideMial office comprehensive plan map designation for the parcel.Approval of the rezone is recommended. 11 j TESTIMONY 12 13 Elizabeth Chamberlin, Auburn Planning Manager, summarized the proposal as a straight foiward rezone to make the zoning designation consistent with the 14 comprehensive plan map desigaation approved by the City Council, The Applicant hes requested a rezone of one paroel from R-7, Residendal seven dwelling units per 15 acre, to RO, Residential Office. In response to the Examiner, Ms. Cfiamberlin stated there was one other implemarting-zone, Residential Office — Hospital. That was a i 6 carry-over from the former Hospital zorie which will be eliminated in the next 1 comprehensive plan update since the downtown zone now covexs it. 18 E?CFIIBITS 19 20 Exhibits 1-9 identified in the Exhibit List at Page 5 of the Staff Report on this applicarion,dated October 31,2012,are admitted. 21 FINDINGS OF FACT 2Z Procedural: 24 1. A ' t. 1'he Applicant is Kathryn Cruze. 25 2. Hearine. 'I'he Hearing Examiner conducted a heazing on the application at 6:45 p.m. at the City Council chambers at Auburn City Hall Annex oa October 13, 2012. Rezone p. 1 Findings,Conclusions and Decision ORD.C Page 145 of 196 Snbstantive: 1 2 3. SiteJProposal Description The Applicant has requested a rewne of one parcel with an area of 12,095 square feet located at 105 M Sheet NE fmm R-7, 3 Residential seven dwelling vnits per acre, m RO, Residential O1'#ice. The rezone is necessary to make the wping map designation consistent with the residential office 4 comprehensive pian map designation for the parcels. 5 4. Characteristics of the Area. The subject property is adjoined by property 6 wned R-7 residential m the west, north and east. The properiy immediately south is zoned CN, Neighborhood CommeroiaL On either side of the neighborhood 7 commercia! parcels are properties wned Residential Office. The subject is surrounded by singte family residenUal development on aIl but the south side. The g property to the south is developed with a grocery store and drug store. The subject 9 property is part of the M Street corridor between 8°i Street NE and East Main Street wluch has had a comprehensive plant land use designarion of Residential Offce since 2005,though the zoning has aot been changed from R-7 in this area. I1 5. Adverse impacts. There sre no siguificant adverse impacts associated with tlu propossl. Compah'bility with adjoining land uses is the only issue of concern 2 at tlris stage of project review. Property on all sides is zoned for uses with about the 13 Level of intensity as those comemplated in the Residential Office District. The Appiicant proposes to convert the existing single fa nily residence and cottuge into a 14 Professional office. The existing residential style buildings will remain on the property The purpose of the Residential Office zone is to accommodate small-scale 15 business and professional offices, medical end dental clinics, banks and similar i financial institutions at locations where they are compad'ble with residential uses and 16 in areas that are already in transition from residentiel to coaunercial uses along arterials, such as the M Street corridor. Ttiis zoning designarion is specifically appropriate in circumstances like the subject property's wheie comersion of 1 g residential uses to commercial uses is geared towards encouragiag adaptive re-use of i exisdng single-family structures that continue to appear in accord with the single- 19 family residential charncter. 20 21 CONCLUSIONS OF LAW i 22 Procedural: i 23 1. Authority of Hearing Examiner. ACC 18.68.030(B)(l)(a) grants the Hearing 24 Examiner with the authority to review and make a rxommendation on rezone requests to the Ciry Council if the planning director deteimines that the rezone requesta are 25 istent with the comprehensive plan. The planning director has determined t6et the rezone reqaest is consistent with the comprehensive plan. The Comprehensive Plan Land Use Map designstion for We subject property is Itesidential Office, which is consistent with the requested RO zoning map designation. Rezone p. 2 Findings, Conclusions and Decision ORD.C Page 146 of 196 i Substantive: 2 2. Zoning Desianation. The property is currently zoned R-7 3 3. Case Law Review Criteria and Application. The Aubum City Code does 4 not include any criteria for rezoae applications. Washington appellate courts tiave 5 imposed some rezone criteria, requiring that the proponents of a rewne must establish thst conditions have substantially changed since the original showing and that the 6 rezone must bear a substantial relationship to the public health, safety, morals or welfare. See .4hmann-Yamane, LLC v. Tabler, 105 Wn. App. 103, 1 I 1 (2001). If a 7 rewne implements the Comprehensive Pian,, a showing that a change of circumstances has occurred is not required. !d. at 112.i8 9 The proposed rezone clearly meets the judicial criteria for a rezone. There is no I question that the proposal is.necessary to implement the wmprehensive plan, as the ; I 10 Comprehensive Land Use Map designstion for the property is currently Residential Office and the current R-7 zoning is inconsistent with that designation. As discussed 1 I at page 4 of the Staff Report, the zorie is consistent with the Comprehensive Plan because it provides a transitional use from existing residences to planned non- 12 residential use and balances the needs of existing residences with the need to 13 accommodate new uses (Policy LU-48). The proposed rezone is consisteut with Chapter 14 of the Comprehensive Plan as the zoning would change to Residential 14 Office bringing t6e subject property into consistency with the land use designation. The future use of the site will be for a professional office utilizing the existing 15 stnicture on—site meeting the purpose of the Oftice-Residential lartd use designation and maintaining the character of tl e neighborhood.'Che Staff Report's comprehensive 16 p ysis located.at page 4 is adopted and incorporated by this reference as if set 17 forth in full. 1 g The rezone bears a substantial relationship to the public health, safety, morals and welfare because it will not result in any significant adverse environmental impacts as 19 iletermined in Finding of Fact No. 5 while at the same time_furthering economic 20 development in the Ciry of Aubura as encouraged by the City's compre};ensive plan. i 21 RGCOMMENDATION I 22 T'he Hearing Examiner recommends approval of REZ12-0005. 23 24 Dated this 26th day of November,2012. 25 1 Olbrechts, City of Auburn Hearing Examiner Rezone p.3 Findings,Conclusions and Decision ORD.C Page 147 of 196 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4873 Date: November 21, 2012 Department: Finance Attachments: Resolution No. 4873 and agreement Memo Tourism Accomplishments Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4873. Background Summary: Resolution No. 4873 authorizes the Mayor and City Clerk to execute an agreement for services with the Auburn Area Chamber of Commerce to operate a visitor information center, promote tourism awareness within the City and to provide services associated with supporting the City's Economic Development efforts. Per agreement with Auburn Area Chamber of Commerce and the Auburn Tourism Board, the City of Auburn will direct users that sign on to the City's free, public Wifi service "Access Auburn" to the Auburn Tourism Board's website homepage. A3.16.3 Reviewed by Council Committees: Finance, Public Works Councilmember:Partridge Staff:Coleman Meeting Date:December 3, 2012 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A Page 148 of 196 RESOLUTION NO. 4 8 7 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT FOR 3ERVICES BETWEEN THE CITY OF AUBURN AND THE AUBURN AREA CHAMBER OF COMMERCE TO OPERATE A VISITOR INFORMATION CENTER, PROMOTE TOURISM AWARENESS WITHIN THE CITY AND TO PROVIDE SERVICES ASSOCIATED WITH SUPPORTING THE CITY'S ECONOMIC DEVELOPMENT EFFORl'S WHEREAS„ the City is engaged in its projects of operating a visitor information center, promoting tourism and economic development, and is in need of services of individuals, employees or firms for organizational work on said project; and WHEREAS, the City collects a lodging tax for the purpose of promoting Aubum as a tourist destination; and WHEREAS, the City desires to retain the Consukant to provide certain services in connection with the City's work on said projects; and WHEREAS; the Consultant is qualified and able to provide consulting services in connection with the Ciry's needs for the above-described work/project, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. The Mayor and the City Clerk of the City of Aubum are hereby authorized to execute an Agreement for Services with The Resolution No.4873 October 10, 2012 Page 1 of 2RES.A Page 149 of 196 Aubum Area Chamber of Commerce to operate a Visitor Information Center and to provide services associated with supporting the City's economic development efforts. Section 2. Implemerrtation. The Mayor of the City of Aubum is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this resolution. Section 3. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. DATED and SIGNED THIS DAY OF 2012. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST Danielle E. Daskam, City Clerk AP V O' O el B. ' ; Ciry Attomey Resolution No. 4873 October 10, 2012 Page 2 of 2RES.A Page 150 of 196 CITY OF AUBURN AGREEMENT FOR SERVIGES THIS AGREEMENT made and rntered into on this_day of 201_, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City" and The Auburn Area Chamber of Commerce hereinafter refernd to as the"Consultant" WITNESSETH WHEREAS, The City is engaged in its projects of operating a visitor infortnation center, promoting tourism, and economic development, and is in need of services of individuals, employees or firms for organizational work on said project; and, WHEREAS, the CiTy desires to retain the Consultant to provide certain services in connection with the City's work on said projects;and, WHEREAS, the Consultant is qualified and able to provide consulting services in connection with the City's needs for the above-described worWproject, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW,TF REFORE,the parties hereto agree as follows: 1 Scooe of Services. The Consultant agrees to perform in a good and professional manner the tasks described on Exhibit "A" attached hereto and inwrponted herein by this reference. (The tasks described on Exhibit "A" shall be individually referred to as a "task," and wllectively referred to as the "services.' The Consultant shall perform the services as an indeprndent contractor and shall not be deemed, by virtue of this Agreement and the perfortnance thereof, to have entered into any partnership,joint venture, employment or other retationship 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 executed by the respective parties prior to the ConsultanYs 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 effect as if the terms of such addendum were a part of this Agreement as originally executed. The performance of services pursuant to an addendum shall be subject to the terms and conditions of this Agreement e ccept 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 accordance with the terms and conditions ofthis Agreemert. Page 1 of]0 RES.A Page 151 of 196 3. Performance of Additional Services Prior to Execution of an Addendum. The parties hereby agree that situations may arise in which services other than those described on Exhibit "A" aze 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 ConsultanYs performance of the requested services. The Consultant hereby agrees that it shall perform such services upon the oral request of an authorized representative of the City pending execution of an addendum, at a rate of compensation to be agreed to in connection therewith. The invoice procedure for any such additional services shall be as described in Section 7 of this Agreement. 4. ConsultanYs Revresentations. The Consultant hereby represenu and warranu that he has all necessary licenses and certifications to perform the services provided for herein, and is qualified to perform such services. 5. Ciri's Resoonsibilities. The City shall do the following in a timely manner so as not to delay the services of the Consultant: a. Designate in writing a person to act as the City's representative with respect to the services. T'he 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 standazds for the project and the services provided for herein. c. Arrange for access to the property or facilities as required for the Consultant to perform the services provided for herein. d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other documents prepared by the Consultant and render decisions regazding such documents in a timely manner to prevent delay of the services. 6. Acceptable Standazds. The Consultant shall be responsible to provide, in connection with the services contemplated in this Agreement, work product and services of a quality and professional standard acceptable to the City 7 Compensation. As compensation for the ConsultanYs performance of the services provided for herein, the City shall pay the Consultant the fees and costs specified on Exhibit "B" attached hereto and made a part hereof(or as specified in an addendum). The Consultant shall submit to the Ciry an invoice or statement of time spent on tasks included in the scope of work provided herein, and the City shall 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. 8. Time for Performarice and Term of Aereement. T'he Consultant shall perForm the services provided for herein in accordance with the direction and scheduling provided by the City The Term of this Agreement shall Page 2 of 10 RES.A Page 152 of 196 commence on the date hereof and shall terminate on December 31, 2013,or upon another date if mutually agreed to in writing by the parties, subject to the restrictions in section 18. 9 Ownershio arid Use of Documents. All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepazed 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 used by the City for any purpose beneficial to the City 10. Records Insnection and Audit. All compensation payments shall be subject to the adjustrnents for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agteemeirt shall 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 Continuarion of Performance. In the event that any dispute or conflict arises between the parties while this ConVact is in effect,the Consultant agrees that,notwithstanding such dispute or conflict,the Consultant shall continue to make a good faith effort to cooperate and continue work towazd successful completion of assigned duties and responsibilities. 12. Administration of Agreement. This Agreement shall be administered by the Chief Executive Officer of the Chamber, on behalf of the Consultant, and by the Mayor of the City, or designee, on behalf of the City Any written notices rec{uired by the terms of this Ageement shall be served on or mailed to the following addresses: Citv of Auburn Consultant Auburn City Hall Aubum Area Chamber of Commerce 25 West Main 108 N. Division Suite B Aubum, WA 98001-4998 Aubum, WA 98001 253) 931-3000 FAX(253)288-3132 253) 833-0700 Fax(253) 735 4091 13. Notices. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above, or if to a person not a party to this Agreement, to the address designated by a party to this Agreement in the foregoing manner Any party may change his, her or its address by giving notice in writing, stating his, her or its new address, to any other party, all pursuarn to the procedure set forth in this section of the Agreement. Page 3 of 10 RES.A Page 153 of 196 14. Insurance. The Consultant shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverages and in the amounu described below The Consultant shall fumish evidence, satisfactory to the City, of all such policies. During the term hereof, the Consultant shall take out and maintain in full force and effect the following insurance policies: a. Comprehensive public liability insurance, including sutomobile and property damage, insuring the City and the Consultant against loss or liability for damages for personal injury, death or property damage atising out of or in connection with the performance by the Consultart of its obligations hereunder, with minimum liability limits of 1,000,000.00 combined single limit for personal injury, death or propeity damage in any one occurrence. b. Such workmen's compensation and other similar insurance as may be required by law c. Professional liability insurance with minimum liability limits of$1,000,000.00. 15. [ndemnification. The Consultant shall indemnify and hold harmless the City and its officers, agenu and employees, or any of them from any and all claims, actions, suiu, liability, loss, costs, expenses, and damages of any nature whatscever, by any reason of or azising out of the negligent act or omission of the Consqltant, its officers, agents, employees, or any of them relating to or arising out of the performance of this Agreement. If a final judgment is rendered against the City, iu officers, agents, employees and/or any of them, or jointly against the City and the Consultant and their respective officers, agenu and employees, or any of them, the Consultant shall satisfy the same to the extent that such judgment was due to the Consultant's negligent acts or omissions. 16. Assianment• Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 17 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 writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not effect or impair any right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agteement. Page 4 of 10 RES.A Page 154 of 196 18. Termination and Susoension. 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 pazty terminating the Agreemert. The City may terminate this Agreement upon not less than seven ( 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 shall be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit"B"hereof. 19 Parties in Interest. This Agreement shall be binding upon, and the benefiu and obligations provided for herein shall inure to and bind, the parties hereto and the'v respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, including contractors, sub-contractors and their sureties. 20. Costs to Prevailing Partv. In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreemem, the prevailing parties shall be ernitled to receive its reasonable costs and attorney's fees. 21 Aoolicable Law. 1'his 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 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 ageed and unders[ood that any applicable statute of limitation shall commence no later than the substantial completion by the Consultant of the services. 22. C a tions.Headin,s and Titles. All captions, headings or titles in the paragraphs or sections of this Agreement aze 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 particular paragraph or sections to which they apply As used herein, where appropriate,the singulaz 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 affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. 23. Severable Pmvisions. Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatscever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. Page 5 of 10 RES.A Page 155 of 196 24. Entire Aereement. T'his Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter 25 Countemarts. This Agreement may be executed in myltiple counterparts, each of which shall be one and t6e same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and yeaz first set forth above. CITY OF AUBURN CONSULTANT Peter B. Lewis, Mayor Name: Title: Attest: Name: Danielle Daskam City Clerk Title: Appr as to form: iel B. Hei , ' Attomey Page 6 of 10 RES.A Page 156 of 196 STATE OF WASHINGTON ) ss. COUNTY OF ON THIS day of 201 before me, pecsonally appeared and to me lmown to be the and of the Contcactor, the pazty(ies) who executed - the corporation/comparry that executed the within and foregoing instrument,and aclmowledged said instrument to be his/her/their rhe free and voluntary act and deed ojsaid corparation/compmry, for the uses and purposes therein mentiotred, and on oath stated that they were authorized to execute said instrumeru. GIVEN under my hand and official seal this day of 201_ NOTARY PUBLIC in and for the State of V aslungton,residing at My Coinmission Expires: Page 7 of 10 RES.A Page 157 of 196 EXHIBIT A TASKS AND SERVICES Service as Aabam's Vlsitor/nfornwtlon Center: Annually$25,000 Handle inquiries made by visitors,new residerns and employees via phone,e-mail,mail,walk up, and respond with the appropriate infomiarion and materials Operate the City's store&ont Vlsltor Injarnmtion Center where visitors obtain materials and advice d uing normal business hours. The center will provide sufficient space,display racks, appropriate materials and receptionist. Produce and distribute the City business directory,community profile,street maps,and lists containing information about community resources and/or business services. Respond to requests from publishers seeking information about Aubum for their magazines,web pages and/or directories. Provide City hotels with brochures promoting local attractions,businesses and shops. Provide support and service to the Ciry's economic development gaals and outresc6 to carrent and future business communlry members. Annualiy$I5,000 Assist the Ciry in meeting with current and potemial businesses to discuss inducemenu to wnducting or locating a business in Aubum. Provide input,feedback and serve on City technical and advisory committees for issues. Proposed city codes,comprehensive plans and apdates,design review,proposed capital improvemenu,city business processes,and other emerging issues mutually agreed upon). Serve as the referral service for individuals seeking to do business with an Aubum business. Meet with and provide tours of the City,when scheduling permiu,for prospective business investors in conjunction with the City's Economic Development Manager and Planning Deparhnent. Actively promote Aubum to prospective new business investors by attending meetings and providing appropriate information. Maintain and provide demographic information up to a 30-mile radius from the downtown azea. Organiu and conduct orientations for new employee groups as an incentive for businesses to locate in Aubum. Page 8 of 10 RES.A Page 158 of 196 Prmide a service to promote Taurism Awareness for the City of Auburn. Annually$45,000 Coordinate all public relations,marketing,media relations,advertising,and event planning for the Aubum Tourism Board. Liaise on mazketing and commwvcations matters and coordinate with the individual Boazd members,who comprise representatives from the City Council,the Auburn Area Chamber of Commerce,all the major attracdons,the lodging sedor and other tourism-related businesses. Follow up on activities to involve existing and new strategic partners. Once a yeaz the consultant shall provide a report to the Finance Committee on progress made with the Tourism Awazeness project. Operate and maintain a website,and allow the City to use that website as a main`9anding site" for the City's Access Aubum public wi-fi projecK. Page 9 of 10 RES.A Page 159 of 196 EXHIBIT B COSTS Annual compensation for current scope of work not to exceed$85,000. Page 10 of 10 RES.A Page 160 of 196 MEMORANDUM TO: CITY OF AUBURN COUNCIL MEMBERS, FINANCE COMMITTEE, AND COMMUNITY & PLANNING DEVELOPMENT COMMITTEE FROM: AUBURN AREA CHAMBER OF COMMERCE SUBJECT: SERVICES AGREEMENT UPDATE/CONTRACT RENEWAL – VISITOR INFORMATION CENTER, ECONOMIC DEVELOPMENT & TOURISM DATE: 11/6/12 CC: AUBURN AREA CHAMBER OF COMMERCE BOARD OF DIRECTORS Dear City Council Members, Thank you for this opportunity to present you with an end-of-the-year report identifying some of the highlights of the services the Auburn Area Chamber of Commerce is pleased to have provided the City pursuant to our contract for services. As you know, these services assist the City by supplementing its efforts with regard to Visitor/Tourism Information, the City's Economic Development Goals and Outreach to Current and Future Business Community Members in ways that leverage the credibility, experience and resources of the Chamber. While there is some overlap, I have organized this summary to encompass the general scope of services in the referenced contract, as follows: SERVE AS AUBURN’S VISITOR INFORMATION CENTER: Handle inquiries made by visitors, new residents and employees via phone, email, mail, walk-in and respond with the appropriate information and materials; Operate the City's storefront Visitor Information Center where visitors obtain materials and advice during normal business hours. The center will provide sufficient space, display racks, appropriate materials and receptionist. Consistent with the terms of the contract for services, the Chamber maintains and operates Auburn's Visitor Information Center where people know to seek out the Chamber as the first point of contact, whether a visitor, existing resident or new resident, existing business or prospective business, to obtain a wide variety of materials and advice. The Chamber-operated Visitor Information Center dominates the entire front portion of the Chamber’s Lobby, with easy visibility & access from the street. It includes large display racks stocked with varied and valuable visitor-related materials. RES.A Page 161 of 196 2 | Page The Visitor Information Center signage on the storefront is a large banner across the first three windows to loudly state “Visitor Information Center”; and with a larger window sign that boldly lists Auburn Tourism as one of the main components in our office and offers the universal “I” symbol denoting an information center is located here. With each walk-in, visitors and prospective businesses are able to take multiple pieces of information that the Chamber provides. It is often their first point of contact in our community. When we mail out relocation and/or vacation packets, a variety of information is sent, including information about the City of Auburn, parks & recreation, public art, the golf course, trails, etc., as well as Auburn businesses and visitor services. The valuable contribution the Chamber is uniquely able to provide in its contract with the City, is our ability to staff the Visitor Information Center with employees having extensive personal knowledge of the greater Auburn area, and a genuine desire to promote the City of Auburn. With the finished construction for the Division Street Promenade, we have seen a greater increase in the amount of walk-ins; especially this past summer where we saw a 90% increase of individuals relocating to Auburn from other states. Produce and distribute the City business directory, community profile, street maps, and lists containing information about community resources and/or business services. Respond to requests from publishers seeking information about Auburn for their magazines, web pages and/or directories. Provide City hotels with brochures promoting local attractions, businesses and shops. New this year, the Auburn Area Chamber of Commerce produces a Community Directory each month, with the most up-to-date information. So far this year we have distributed approximately 5,000 directories. We have found that our new approach to printing the directories on an as-needed basis has helped our newest businesses get the most exposure right away. We currently distribute these Community Directories to:  City Hall  Member advertisers for use with prospective and current customers and firms  Auburn Library  Muckleshoot Library  Senior Center  Parks & Rec Building  Auburn Airport  Local Hotels  Small Business Assistance Center  Green River Community College  The SuperMall  All event visitors that deal directly with our Tourism Marketing Coordinator RES.A Page 162 of 196 3 | Page  New teachers (in conjunction with the New Teacher Breakfast hosted by the Chamber and the Auburn School District’s recruitment efforts); and  We mail out the Community Directory in the Chamber's "Relocation/Tourism/Inquiry Packets" The Chamber’s Community Directory continues to receive a very strong response from the Auburn Business Community. We believe the desire of local businesses to advertise in the Community Directory is an affirmation of the effectiveness of the Chamber's Community Directory in presenting the strengths and assets of the Auburn area, and local businesses, to both current and prospective visitors. They see it as a primary resource for direct contact with their customers and clients. The Auburn Area Chamber of Commerce also produces a Local Area Map every two to three years. 10,000 of each edition are printed. Our map came out in June 2011 and of those 10,000 we have been able to distribute approximately 9,000 thus far. We will be updating our map in January, 2013. We currently distribute these Local Area Maps to:  City Hall  Member advertisers  Auburn Library  Muckleshoot Library  Senior Center  Parks & Rec Building  Auburn Airport  Local Hotels  Small Business Assistance Center  Green River Community College  The SuperMall  All event visitors that deal directly with our Tourism Marketing Coordinator  New teachers (in conjunction with the New Teacher Breakfast hosted by the Chamber and the Auburn School District’s recruitment efforts); and  We mail out the Local Area Map in the Chamber's "Relocation/Tourism/Inquiry Packets" RES.A Page 163 of 196 4 | Page PROVIDE SUPPORT AND SERVICE TO THE CITY'S ECONOMIC DEVELOPMENT GOALS AND OUTREACH TO CURRENT AND FUTURE BUSINESS COMMUNITY MEMBERS. Assist the City in meeting with current and potential businesses to discuss inducements to conducting or locating a business in Auburn. Provide input, feedback and serve on City technical and advisory committees for issues. (Proposed city codes, comprehensive plans and updates, design review, proposed capital improvements, city business processes, and other emerging issues mutually agreed upon.) Serve as the referral service for individuals seeking to do business with an Auburn business. Meet with and provide tours of the City, when scheduling permits, for prospective business investors in conjunction with the City's Economic Development Manager and Planning Department. Actively promote Auburn to prospective new business investors by attending meetings and providing appropriate information. Maintain and provide demographic information up to a 30-mile radius from the downtown area. Organize and conduct orientations for new employee groups as an incentive for businesses to locate in Auburn. Chamber leaders and the Chamber’s President & CEO have been active participants on the all important Streets Task Force (twice); took the lead in getting a ballot measure for a vote on road improvements; and took the lead on the Urban Core Task Force, a 50- year visioning process for the downtown area and surrounding business community. The Chamber’s President & CEO has greatly appreciated the opportunity to be called in as an active participate in significant recruitment and retention meetings, partnering with the City’s Economic Development Manager and the City’s Planning Director. The Chamber has developed a new series of business improvement courses in partnership with the Small Business Development Center (SBDC) as a matter of business retention for the City of Auburn. We are working diligently to improve our existing businesses so they may thrive and expand here in our city. Chamber staff members have been active in giving “windshield tours” of the city to prospective businesses whenever requested. The Chamber participates, along with other chambers, with the Valley Cities Mayors' group to identify issues where it may forge and implement partnerships on issues critical to enhance economic vitality for Auburn, and the south-end region. The Chamber is also an integral founding partner on the South Sound Chambers of Commerce Legislative Coalition (SSCCLC) that puts forth issues to better our region’s economy. The Chamber continues to be the Administrator for the SSCCLC. Chamber board members, especially executive committee members, have actively (proactively) been reaching out to current businesses to stay in Auburn. We have been engaging our members in this outreach to better fill their existing needs; a key to retention. RES.A Page 164 of 196 5 | Page PROVIDE A SERVICE TO PROMOTE TOURISM AWARENESS FOR THE CITY OF AUBURN. Coordinate all public relations, marketing, media relations, advertising, and event planning for the Auburn Tourism Board. Liaise on marketing and communications matters and coordinate with the individual Board members, who comprise representatives from the City Council, the Auburn Area Chamber of Commerce, all the major attractions, the lodging sector and other tourism-related businesses. Follow up on activities to involve existing and new strategic partners. Several Chamber Board Members and the President & CEO participate on the Auburn Tourism Board, working to bring tourists to our area. This effort both builds the growing strength of our local tourism economy and generates additional sales tax revenues to support city services including both capital and operational expenses. As part of our 5-year Strategic Plan, the Chamber's leadership is committed to pursuing a community-wide, partnership effort to market on a consistent basis a branded welcome message to tourists in connection with all the major events that put heads in beds, dollars in retail establishments and seats in restaurants. Our Tourism Marketing Director, Debbie Luce, has provided a comprehensive report to the City Council Members on the progress of the Tourism Board and the great strides made with that Board. This report highlights the 3rd year of our highly successful Auburn Wedding Show. (See separate report from Debbie Luce.) RES.A Page 165 of 196 6 | Page Summary Data Regarding Visitor Information, Tourism & Economic Development Inquiries The following data reflects recorded Chamber activity in responding to Visitor Information Center (Tourism) and Economic Development Inquiries from January 1, 2012 through November 6, 2012. Visitor Information Center/Tourism Walk-ins 4,321 (up greatly due to the reopening of Division St.) Phone 12,937 Email 21,423 (this has gone up, due to enhanced tourism website) Mail Incoming 758 Outgoing 11,345 (many more relocation requests included in this number) Economic Development Walk-ins 48 Phone 321 Email 52 Mail Incoming 9 Outgoing 72 General Information Request (non VIC/Tourism/ED related) Combined 8,321 Amount of time spent on each: Walk-ins: 15 - 60 minutes Phone: 3 - 30 minutes Email: 3 - 5 minutes Mail: 3 - 15 minutes Thank you for the opportunity to provide you with this year-end status report identifying some of the highlights of the services the Auburn Area Chamber of Commerce is pleased to provide the City pursuant to our contract for services. We look forward to another year of providing these essentials services for the City of Auburn. Sincerely, AUBURN AREA CHAMBER OF COMMERCE Nancy E. Wyatt President/CEO RES.A Page 166 of 196 Page 1 Auburn Tourism Board 2012 Accomplishments Overall Accomplishments that follow the Strategic Plan:  Worked with Finance Senior Accountant for monthly financial review  Maintain Website and Blog  Negotiated 2012 contract with Clear Channel for banners at the Sounder Train Station  Participate in City Events representing the Tourism Board  Answer all tourism related questions from walk-ins and phone calls 1. Respond to all tourism information requests with follow up if necessary - phone, mail and website 2. Respond to all newcomer inquires about Auburn  Update Chamber staff on current events that are tourism related  Update Tourism Partners and Hotels on current events  Continue to work closely with City of Auburn, Parks Department, Multimedia, Senior Citizens Supervisor and Cultural Arts to assist in promotion, advertising and up coming events  Continue to work with Auburn School District to promote school functions that need hotel accommodations: Bands for Veterans Day Parade, Soft Ball and Fast Pitch Tournaments, Cup Stacking Tournament, Miss Auburn Pageant, Jazz Festival, Junior Olympics etc.  Other groups: YMCA, NW Skating Invitational at Auburn Skate Connection, Auburn Airport  Continue branding in all forms of printed materials, banners, ads, website design  Hold and coordinate ATB meeting  Prepare all paperwork for meeting including agenda, financials and minutes  Attended all ATB meetings, organized meetings and produced meeting materials  Organize Visitor Information material in Chamber lobby  Work with and visit all hotels on a monthly basis - more if needed  Check all websites of attractions on a weekly basis for updated information Develop and Implement ATB Monthly Update Calendar  Distribute Updated Calendar to hotels to inform front desk staff and management of upcoming events  Post monthly calendars in 6 locations: B Street Plaza kiosk, Train Station, Auburn Area Chamber of Commerce, Auburn Ave., SuperMall and The Auburn Downtown Association.  Updates and FYI’s go to all of the ATB partners on a regular basis  Updates also act as a communication tool to update partners on important information that might affect their business  Post yearly and monthly events on website and in the Chamber Connections Newsletter  Write tourism article each month in the Chamber Connections  Keep up-to-date restaurant list, with recommendations on large group choices RES.A Page 167 of 196 Page 2 Tourism Website  Hired Genesis Marketing to redesign the Tourism website and make it more user friendly and appealing  Working with Genesis Marketing to provide Search Engine Optimization Management  Working with Genesis Marketing to provide Social Media Marketing such as Facebook  Genesis Marketing has been reporting the hits that our website gets each week  Ensure lodging and restaurant information is complete and valid  Up-to-date attraction information  Up-todate new business information  Working on content development and updating on a weekly basis  Post all current events  Add links and remove them as needed  Add news and media articles  Update any Hotel or Business Partner changes  Answered all inquiries from site  Worked on maximization of links to appropriate businesses  Things To Do section automatically populates from the calendar  Highlight month’s largest events on website Home Page Continue to Update Tourism Fact Sheet  Update all facts on the two-sided sheet as needed  Displayed in Chamber lobby  Send out in every information and newcomer packet Maintain partner contact list  Maintain list on a monthly basis  Continue to seek new valued partners Local Community Outreach Program  Participate in yearly Association of Visitor Information Centers of Washington (AVICW) Conference  Became Vice President of AVICW  Was a Speaker at the 2012 AVICW Conference  Attend Quarterly AVICW Board Meeting  Welcome Display at the front counter of the Finance Department with business cards, brochures and directions to Visitor Center  Worked with the Auburn Reporter to receive extra Residences Guide to the Chamber to be placed in all newcomer packets  Continued to reach out to service clubs and organizations as guest speaker  Developed Tourism Packet for visitor as well as business travelers for HR departments  Write monthly article for Chamber Connections Newsletter  Continue to use the More Than You Imagined tag line  Maintained a great working relationship with all major local and area attractions and local hotels  Maintain an ongoing branding image for Auburn Tourism  Fourth year participating with DECA  Found Sponsor for International Farmers Market Tote Bag RES.A Page 168 of 196 Page 3 Our goal in 2009 was to continue to educate our local citizens by showcasing all the tourism opportunities available in Auburn. We also wanted to promote the opening of the Auburn International Farmers Market. This being accomplished in 2009 our goal was to expand our outreach outside of Auburn. The Board of Directors and the Lodging Tax Advisory Board decided to have a Wedding Show to accomplish our goal while still showcasing all that Auburn has to offer. The 2010 Autumn Wedding Show at Emerald Downs was a huge success allowing us to host an even larger Wedding Show in 2011. There were over 3,000 guests attending the 2010 and 2011 show. Auburn businesses were given a $100 discounted vendor rate and prime booth placement. Our hotels were given free 5 x 10 booth space. We just completed the 2012 Wedding Show. The attendance was down but the vendors reported they had quality bookings and were very happy. The event name was changed this year to Auburn Wedding Show at Emerald Downs  2012 Auburn Wedding Show at Emerald Downs October 20th and 21st  Developed Budget  Updated the 2012 website  Developed a time line  Developed Vendor Rules & Guidelines  Developed Application for Vendors  Began sending out information packets on a weekly basics  Sent a total of 500 or more letters and applications and developed a good vendor list in all wedding related categories. Will continue to search for vendors  Designed a filing system for vendors  Designed Sponsor Packets  Designed Save the Date Cards for Vendors to display in their businesses  Acquired Free Bag Sponsor - SuperMall  Booked 2 Fashion Shows each day with Group USA, London Couture, Rottles Clothing & Shoes & Men’s Wearhouse  Acquired a vendor to oversee the Fashion Shows  Signed up models  Worked with the Wolf 100.7 for radio spots  Worked with Star 101.5 for radio spots  Both stations gave gifts on air for extra advertising  Advertising was on both radio stations websites  The Wolf acquired our Grand Sponsor Morgan Jewelers  Kept Website up to date  Completed art work for Emerald Downs programs  Sent out invoices  Designed all print material  Had display table at Chamber Luncheons with Banner  In Chamber E-blasts  In Chambers Slide Show at luncheons  Continue to gather information on advertising opportunities  Arranged for concession stand to be open for vendors  Worked out better parking for load-in and load-out  Secured Banner Permits  Secured advertising at SuperMall rolling kiosks  Worked with Emcee and Fashion Show content  Attended Hat’s and Heels on August 10h for possible vendors  Secured 1,500 Free Wedding Magazines to give out RES.A Page 169 of 196 Page 4  Advertising: 1. TV Advertising: E- Entertainment, Travel Channel, TLC and Style. TV Advertising began two weeks before the show on October 6 2. Star 101.5 - Two week radio campaign 3. Wolf 100.7 Two week radio campaign 4. 16 Screens Kiosk at the SuperMall 5. Advertising on the Knot website 6. Advertising on Seattle Weekly e-blast to 5,000 subscribers 7. Adverting on MySeattleWedding.com 8. Auburn Reporter 9. Posters 10. Banners 11. Save the Date Cards 12. Chamber Newsletters 13. Emerald Downs Newsletters 14. Emerald Downs Program the entire racing season 15. AuburnWeddingShow.com 16. AuburnTourism.com 17. South Sound Wedding & Event Magazine 18. Chamber Luncheons 19. Seattle Bride & Groom  Final Vendors 58  Chamber Ambassadors help vendors set up  Over 2,000 people attended  Handed out 550 gift bags  Already have vendors set up for next year  We are now on the Wedding Show circuit for 2013  Letters and applications will be sent out to all 2012 Vendors  Prepared and sent out Brides List, Groom List and Other List to 2012 Vendors  Sent out surveys to all vendors Hotel Occupancy  Occupancy is up from last year. We have not had as good of a year since 2008. Please see attached page for comparison  We added a new Hotel which opened in December 2011  All 7 hotels had a good summer  Visit hotels regularly asking if they have special groups coming in that we can make goodie bags for their guests (great PR)  Have assisted hotels with various issues on a regular basis  Continue to distribute Thank You for Staying in hotels that are given to large groups and special guests  Will once again work with hotels offering Winter Rates from November thru March  Also established Special Rates for Emerald Downs, Auburn Regional Medical Center, Funeral Homes RES.A Page 170 of 196 Page 5 Advertising,  Researched all possible free advertising  Board decided not to participate in printed Guides for 2011/2012  Member of the Tacoma Visitor and Information Center and are in the Tacoma Visitor Guide  Arranged inclusion in calendar in Hometown Values - Free  Linked our site to all area attraction websites Action Items and Goals which follow the Tourism Boards Program of Work  Increase Hotel Occupancy  Having met our goals on educating our community first in 2009 and 2010, we expanded our focus to promote to the South Sound area and beyond  Resell the Banners at Sounder Train Station and sign a new contract with Clear Channel  Work on 2013 Auburn Wedding Show at Emerald Downs and all related partners 1. Position our event in between Seattle and Tacoma Wedding Events and promote all that we have to offer 2. Advertise our Community as a Tourist Destination 3. Work to make the Wedding Show pay for itself  Continue to grow our partnerships  Continue to provide up-to-date information about our city  Change advertising strategy to promote Auburn on radio, TV and websites  Work to bring in other events  Assist all entertainment properties promoting their Special Events  Work with Green River Community College to provide International Students and their parents special information packets about Auburn  Work with Washington Tourism Alliance to make sure we continue to promote Washington and our community  Member of the Washington Tourism Alliance RES.A Page 171 of 196 Page 6 RES.A Page 172 of 196 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4879 Date: November 21, 2012 Department: Finance Attachments: Resolution No. 4879 and contract Memo Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4879. Background Summary: Resolution No. 4879 authorizes the Mayor and City Clerk to execute an agreement for services with Washington2 Advocates, LLC for consulting services on various municipal functions, tasks, and projects. A3.16.3 Reviewed by Council Committees: Finance, Public Works Councilmember:Partridge Staff:Coleman Meeting Date:December 3, 2012 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B Page 173 of 196 RESOLUTION NO. 4 8 7 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH WASHIIVGTONZ ADVOCATES, LLC, FOR CONSULTING SEF2VICES WHEREAS, the City is engaged in or readying itself to be engaged in various municipal functions, tasks and projects; and WHEREAS, it is in the City's best interests to have available the services of qual ed consultants who will be able to assist the City on projects related to federal appropriations; and WHEREAS, the City desires to retain Washington2 Advocates, LLC to provide such services; and WHEREAS, Washington2 Advocates, LLC, is qualified and able to provide such consulting senrices in connection with the City's needs, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor and the City Clerk are authorized to execute an agreement in substantial conformity with the Agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 4879 November 7, 2012 Page 1 of 2RES.B Page 174 of 196 Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of 2012. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST Danielle E. Daskam, City Clerk ATTEST AS TO FORM: a . Attomey Resolution No. 4679 November 7, 2012 Page 2 of 2RES.B Page 175 of 196 Exhibit A Resolution No. 4879 CITY OF AUBURN AGREEMENT FOR PROFESSIONAUCONSULTING SERVICES THIS AGREEMENT made and entered into on this _ day of 2012, by and between the City of Aubum, a municipai corporation of the State of Washington, hereinafter referred to as "City" and Washington' Advocates, LLC, hereinafter referred to as the "Consultant" WITNESSETH: WHEREAS, the City is engaged in or readying itself to be engaged in various municipal functions, tasks and projects; and, WHEREAS, it is in the City's best interests to have available the services of qualified consultants who will be able to assist the City on projects related to federal appropriations; and, WHEREAS, the City desires to retain the Consultant to provide such services; and, WHEREAS, the Consuitant is qualified and able to provide such consuiting services in connection with the City's needs, and is willing and agreeable to provide such services upon the terms and conditians herein contained. NOW, THEREFORE, the parties hereto agree as follows: 1 Scoae of Senrices. Thie Consultant agrees to perform in a good and professional manner tasks related to projects involving the City of Aubum also involving federal funding, including: a. Engaging in communication with appropriate representatives of various agencies and entities tivho would be involved in such projects, and b. Advising and consulting with the City regarding approaches and strategies on how to promote projects advantageous to the City, and c. Engaging in such other related tasks as are assigned by the City 2. Indeaenderrt Contractor The Con§ultant shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City Page 1 of 7 RES.B Page 176 of 196 3. Pertormance of Additional Services Prior to Execution of an Addendum. The parties hereby agree that situatians may arise in which services other than those descritied in Section 1 atiove 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 Consu tanYs pertormance of the requested services. The Consuftant hereby agrees that it shall perform such services upon the oral request of an authorized representative of the City periding execution of en addendum, at a rate of compensation to be agreed to in connection therewith. The invoice procedure for any such addiGonal services shall be as described in Section 7 of this Agreement. 4 Consultarrt's Reoreserrtations. The Corisultant hereby rep esents and wamants that he has all necessary licenses and certfications to pertorm the services provided for herein, and is qualified to perform such services. 5. CiN's Resoonsibilities. The City shall do the following in a timely manner so as not to delay the services of the Consultant: a.Designate in writing a person to act as the City's representative with respect to the services. In advance of any such designation, the Mayor of the City of Aubum shall serve in such designated capacity. The City's designee shall have complete authority to transmit instrvctions, receive information, interpret and define the City's policies and decisions with respect to the services. b. Examine and evaluate any and all studies, reports, memoranda, pians, and other documents prepared by the Consultant in furtherance of the scope of services hereof, and render decisions regarding such documents in a timely manner to prevent delay of the services. 6. Acceotable Standards. The Consultant stiall be responsible to provide, in connection u4fth the services contemplated in this Agreemerrt, work product and services of a quality and professional standard acceptable to the City 7 Comoensation. As compensation for the ConsultanYs perFormance of the services provided for herein, the City shall pay the Consultant a monthly fee of Fifteen Thousand Dollars ($15,000.00) during the term hereof. The City shall also pay the ConsultanYs reasonable travel expenses incurred in connection with work done in furtherance of the scope of services hereof. The Consultant shail submit to the City a monthly invoice or billing statement, and the City shall process the invoice or statement in the next Page 2 of 7 RES.B Page 177 of 196 billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the Consultant thereafter in the normal course. 8. Tertn of Apreement. The Term of this Agreement shall commence on the date hereof or on the 1st day of January, 2013, and shall tertninate on the 31st day of December, 2013, unless othervvise agreed to in writing by the parties. 9. Ownershin and Use of Documents. All documer ts, reports, memorand_a, and any other materials created or othervvise 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 used by the City for any purpose beneficial to the City 10. Records Insoection and Audit. Ail compensation payments shail be subject to the adjustrnents for any amounts found upon audit or otherwise to have been improperiy invoiced, and ali records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by the City for a period of up to three (3) years from the finai payment for work perFormed under this Agreement. 11 Continuation of Perfortnance: in the event that any dispute or conflict arises between the parties while this Contract is in effect, the Consultant agrees that, notwithstanding such dispute or conflict, the Consultant shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 12. Administration of Aareement. This Agreement shall 6e administered by Nina Collier, on behalf of the Consuitant, and by the Mayor of the City, or designee, on behalf of the City Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: CiN of Aubum Consultant Aubum City Hall Washingtonz Advocates, LLC 25 West Main Street P O Box 1462 Aubum, WA 98001-4998 Beilevue, WA 98009 253) 931-3000, 425)467-6900, Fax (253) 288-3132 Fax (425) 467-1037 nina.col lier@Washington2advocates.com Page 3 of 7 RES.B Page 178 of 196 13. Notices. All notices or communica6ons permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, retum receipt requested, and addressed, if to a party of this Agreemerit, to the address for the party set forth above, or if to a person not a party to this Agreement, to the address designated by a parly to this Agreement in the foregoing manner Any party may change his, her or its address by giving notice in writing, stating his, her or its new address, to any other party, all pursuant to the prbcedure set forth in this sectian of the Agreement. 14 Insurance. The Consultant shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverages and in the amounts described below The Consultant shall fumish evidence, satisfactory to the City, of all such policies. During the tertn hereof; the Consultant shall take out and maiMain in full force and effect the following insurance policies: a. Comprehensive pubiic liability insurance, including automobile and property damage, insuring the City and the Consultant against loss or liability for damages for personal injury, death or property damage arising out of or in corinection with the pertortnance by the Consultant of its obligations hereunder, with minimum liability limits of $1,000,000.00 combined single limit for personai injury, death or property damage in anyone occurrence. b. Such workmen's compensation and other similar insurance as may be required by law. c. Professional liability insurance with minimum liability limits of 1,000,000.00. 15. Indemnification. The Consultant shall indemnify and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, adions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by ariy reason of or arising out of the negligent act or omission of the Consultant, its officers, agents, ermployees, or ariy of them relating to or arising out of the pertormance of this Agreemerrt. If a final judgment is rendered against the City, its officers, agents, employees and/or any of them, or jointly against the City and the Consultant and their respective officers, agen and employees, or any of them, the Consultant shall satisfy the same to the extent that such judgment was due to the ConsultanYs negligent acts or omissions. Page 4 of 7 RES.B Page 179 of 196 16. Assianment. Neither party to this Agreement shall assign any right or obligatlon hereunder in whole or in part, without the prior written consent of the other parry hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 17 Amendment. Modification or Waiver No amendment, modificatiori or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in wri6ng, signed by the party or pardes to be bound, or such party's or parties' duly auU orized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver Any waiver by any party of any default of the other party shall not effect or impair any right arising from any subsequerrt default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 18. Termination and Susoension. Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to pertorm in accordance with 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 shall be compensated for services pertormed prior to termination in accordarice with the rate of compensation provided herein. 19. Parties in Interest. This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a corrtractual relationship with or exist for the benefit of any third party, including contractors, sub-contractors and their sureties. Page 5 of 7 RES.B Page 180 of 196 20. Costs to Prevailina Partv In the event of suc litigation or other legal action, to enforce any rights, responsibilities or obiigations under this Agreement, the prevailing par6es shall be entitled to receive its reasonable costs and attomey's fees. 21 Acolicable Law. This Agreement and the rights of the partles hereunder shall be govemed by the interpreted in accordance with the laws of the State of Washington 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 statute of limitation shall commence no later than the substantial completion by the Consultant of the services. 22. Ca tions. Headinas and Titles. All capdons, headings or Utles 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 particutar paragraph or secdons 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 affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. 23. Severable Provisions. Each provision of this Agreement is intended to be severable. If any provision hereof is iilegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 24 Entire Aareement. This Agreement contains the entire understanding of the parties hereto in respect to the transactions contertiplatetl hereby and supersedes all prior agreertierits and understandings between the parties with respect to such subject matter 25. Countemarts. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party Page 6 of 7 RES.B Page 181 of 196 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN WASHINGTON2 ADVOCATES, LLC By Peter B. Lewis, Mayor By Nina Coilier, Partner Attest: Danielle E. Daskam City Clerk Approved as to form: Daniel B. Heid, City Attomey Page 7 of 7 RES.B Page 182 of 196 M E M O R A N D U M TO: Mayor Pete Lewis and Carolyn Robertson FROM: W2A and Thompson Smitch Consulting Group DATE: November 9, 2012 SUBJECT: 2012 Accomplishments and 2013 Priorities -------------------------------------------------------------------------------------------------------------------- As 2012 comes to a close, below is a review of the activities of your federal lobbying team this year on behalf of the City of Auburn and goals for 2012. Each firm, W2A and Thompson, Smitch Consulting Group, brings a unique set of skills, background and relationships that together help advance the goals of the City of Auburn. While our focus is federal issues, we are a part of the City’s team assisting with important priorities at the state and local level as well. SUCESSES IN 2012 • Grant Funding: Helped secure $307,500 in grant funding from the Federal Highway Administration for high speed rail crossing safety. We began the process last December by alerting Auburn to the grant opportunity. This year, the federal team worked with our delegation to ensure their support of the grant request. The city was also able to partner with Sound Transit this year and engage their support for the grant application as mitigation for some of the work they planned in Auburn. • Green River Community College/Airport Project: When the city heard from the Federal Aviation Administration rejecting the city’s plan for the airport, the federal team reached out to the delegation for assistance. Senator Murray’s office worked with FAA both in DC and regionally to provide the information needed to keep the project moving forward. Senator Murray’s office has committed to working with Auburn as needed with the FAA. • Transportation: The federal team monitored, advocated and provided ongoing analysis as Congress considered reauthorization of the federal transportation bill, “Moving Ahead for Progress” or MAP-21. We advocated on behalf of city priorities whether freight mobility funding or to urge Congress to simply complete a bill this year. Our team, also provided an analysis of changes to the bill and RES.B Page 183 of 196 2012 Accomplishments and 2013 Priorities Page 2 of 5 opportunities for Auburn from the changed environment. This was a relatively short- term extension of these programs, expiring in September of 2014 which means Congress will need to start writing the next version in 2013 or very early in 2014. • Historic Post Office: We continued our work this year with the King County Executive’s team to negotiate the sale of the Historic Post Office either to the City or to a local buyer. We have provided strategic counsel and support to ensure the County understands this is a City priority. • Regional Firing Range: The federal team has rolled out a plan to compliment the pre- design funding secured by the City to fund the firing range in a multi-phase approach. With the federal and state budgets being what they are, a phased approach is the only viable strategy in our opinion to obtain these scarce construction dollars. • Veteran’s Center: The federal team worked with the City to ensure that the delegation is aware of the city’s interest in establishing a one-stop veteran’s assistance center. We introduced the Mayor and Michael Hursh to key contacts on the Senate Veterans Affairs Committee to provide assistance and information about possible funding opportunities. • Sound Transit: We worked extensively with Sound Transit to provide assurance of its commitment to a second parking garage in Auburn. We secured a letter from Chair McCarthy to Mayor Lewis stating Sound Transit and its board’s support. We also worked with Sound Transit to secure their support in assisting the city in improving safety on the rail corridor. • Amtrak: We continue to support the City in its efforts to secure an Amtrak station. We’ve monitored developments and opportunities at the federal level, and have met with key Amtrak staff both in DC and in the region to help provide counsel and assistance in the City’s efforts. The delegation is also aware of the City’s interest. • Federal Funding: The federal team has been heavily involved in advocating for Auburn specific issues and protecting programs the City values most. Our teams have tracked, provided analysis, and advocated on behalf of funding with our delegation for several federal programs important to the City including: High Speed Rail funding, COPS funding, Community Development Block Grant funds among others. • Water and Flooding Issues: We continued to advocate on behalf of the city with the delegation to secure FEMA reimbursement for disaster readiness. Unfortunately the second appeal was denied by FEMA. • Federal Legislation: We have also worked with the delegation to support or oppose legislation or key provisions in legislation important to the City. We have also monitored and provided analysis of bills that may significantly impact the City. A few examples include: o Marketplace Fairness and Equity Act – a series of bills that would allow for internet tax fairness – requiring some online retailers to collect state and local sales tax on their products. Several bills have been introduced, some hearings RES.B Page 184 of 196 2012 Accomplishments and 2013 Priorities Page 3 of 5 held and there is hope among some advocates that Congress will address the issue in the crowded lame duck session. o Violence Against Women Act – We continue to monitor developments on the House and Senate versions reauthorizing this act. The Senate version includes provisions that would allow tribes to prosecute non-Indians for acts of domestic violence. o Coal Train Legislation – Rep. McDermott has introduced a series of bills aimed at mitigating some of the environmental impacts of coal trains. The federal team provided an analysis of the bills and also of the broader issue to the City. • Washington State Government: We worked with the City on an ongoing basis to execute outreach to the Washington State Legislative leadership and the Governor’s office on issues of critical interest. The Auburn team has been effective leveraging existing Washington State Legislative and Office of the Governor contacts to protect vital funding streams at the State level. Auburn and cities across the State have and will face serious efforts to cut State funds that historically go towards police and fire amongst other important services. With massive budget shortfalls in Olympia, the Auburn team is persistent in efforts to ensure that Auburn does not endure grave budget cuts. • Building Relationships: We helped on several challenging issue management projects outside our traditional scope of work, and helped build stronger relationships for the City with organizations that frequently create challenges and opportunities for Auburn. Those projects involved outreach to the following groups: newly elected members of the state legislature, lobbyists and consultants working on projects with other entities that potentially benefit or harm Auburn, Sound Transit board members and senior management, Port of Seattle commissioners and senior staff a variety of elected council members and staff from the King County Council, and senior executives at Puget Sound Energy. WORK PLANNED FOR 2013: In 2013, we plan on working with the City of Auburn on the following projects and issues: • SR 167: The Auburn team is already underway here, working with other potential coalition members and potential federal and state champions to identify multiple opportunities for a path to funding for this critical piece of infrastructure. In the new Congress there will be a federally led effort to secure support for, including funding to complete Highway 167. The Auburn consulting team has long been underway meeting with State and Federal officials which has secured the team a spot in a leadership position as the coalition is brought together. This will ensure that the needs of the City are protected and that our interests will have a strong position of advocacy. • Community Center: The Auburn team is underway at the State level in building support for the $3.5 million needed to complete the Community Center. This will be a legacy RES.B Page 185 of 196 2012 Accomplishments and 2013 Priorities Page 4 of 5 piece for the City leadership and will be a primary focus of our work coming into the next legislative session in Olympia. We are confident that we have a strong case for funding even in a tough budget climate as a result of our deep connections with legislative leadership and the likely Governor. • The funding climate both at the federal and state level will continue to be challenging. The City will need a robust plan to actively engage funding agencies in its projects to be successful securing funds. We will work with the City of Auburn to strategize on the FY 2013 opportunities to include funding for: • Regional Training Center and Firing Range for law enforcement; • Race to the Top Grant – the City is supporting Auburn School District’s efforts to secure funding. Our team has strong connections to the Federal Department of Education and is looking forward to assisting with this process. • Liquor Revenues: With the State exceeding their revenue goals for liquor sales under the new program it is essential that the excess funds be returned to the cities to support the extra police attention that must be paid to these matters amongst other collateral affects of the new law. The Auburn team has already had discussions with State officials and regional leaders to prep this effort for the legislative session. The team will continue to build a coalition of support so lawmakers truly feel how their constituent cities have been impacted and push for those excess funds to be distributed back to the local jurisdictions. • Fiscal Cliff and Federal Funding: We will work to keep the City apprised of funding changes as Congress works to address the “fiscal cliff”, the mix of automatic funding cuts scheduled to be implemented January 2, 2013 (essentially an 8-9% cut across all agencies), and works through finalizing appropriations for fiscal year 2013, and begins fiscal year 2014. • We will work to advance the City’s priorities as they relate to securing transportation funding for priority projects, keeping the City informed of opportunities and advocating on its behalf with the delegation and federal agencies. • We will continue to monitor bills and provide strategic guidance and counsel on engaging with the congressional delegation on rail and Amtrak issues. • We will continue to monitor any legislative and regulatory activity related to the Indian Gaming Regulatory Act. • We will continue to promote the expansion of key relationships in the region, DC and local staff of Members of Congress, senior staff and commissioners at the Port of Seattle and to regional political appointees. • We will continue ongoing strategic discussions with City staff regarding these and other issues of significance to Auburn. RES.B Page 186 of 196 2012 Accomplishments and 2013 Priorities Page 5 of 5 • Sound Transit will continue to be an ongoing challenge and opportunity for the City. We will continue to help the City move forward with Sound Transit on a real and achievable plan for a second parking garage. We will also help the City navigate other Sound Transit-related issues as they develop throughout the year. CONCLUSION Your federal team very much enjoys the opportunity to work on behalf of Auburn. We have had great success together, and we are looking forward to a productive 2013. Thank you for your business and for the time you have invested with us. We look forward to working with you throughout the year on these and other key projects for the City. RES.B Page 187 of 196 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4884 Date: November 27, 2012 Department: Police Attachments: Resolution No. 4884 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4884. Background Summary: Resolution No. 4884 authorizes the conversion to, and sale of Auburn Police Canine Henk as surplus property of the City of Auburn F4.6.1 Reviewed by Council Committees: Finance, Municipal Services Councilmember:Peloza Staff:Lee Meeting Date:December 3, 2012 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINEDRES.C Page 188 of 196 RESOLUTION NO. 4 8 8 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE CONVERSION TO, AND SALE OF AUBURN POLICE CANINE FiENK AS SURPLUS PROPERTY OF THE CITY OF AUBURN WHEREAS, City of Auburn Police K9 O cer Rodney Medeiros has this assignment; and WHEREAS, the City of Auburn Police Department has evaluated Officer Medeiros' Police Service Dog, Henk, and has determined that it is best to retire the dog instead of trying to train the dog to a new officer; and WHEREAS, Officer Medeiros has expressed the desire to not retain K9 Henk and provide basic care; and WHEREAS, the Aubum Police Department is seeking partial reimbursement for the original purchase of K9 Henk. Further, the Auburn Police Department has located a viable owner that trains German Shepards in the area of Schutzund and personal security NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City of Aubum has determined that K9 Henk has reached the end of a reasonable service period and therefore detertnined that said canine should be surplused and should be sold to John B. Douglas upon execution of the sale and waiver agreement in substantially the same form as set forth in Exhibit A attached hereto and incorporated herein by this reference. Resolution No. 4884 November 14, 2012 Page 1 of 2RES.C Page 189 of 196 Section 2. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall take effect and be in full force upon passage and signatures hereon. CITY OF AUBURN Peter B. Lewis Mayor AT'EST Danielle E. Daskam City Clerk APPROVED AS TO FORM: Daniel B. Hei City Attorney Resolution No. 4884 Y_~ November 14, 2012 Page 2 of 2RES.C Page 190 of 196 AGREEMENT THIS AGREEMENT made and entered into on this day of November, 2012, by and between the ty of Aubum, a municipal corporation under the laws of the State of Washirigton, hereinafter referred to as the"City,"and ]ohn B. Douglas, hereinafter referred to as the"Buyer " WHEREAS, the Aubum Police Departrnent has one (1) German Shepherd Dog known as K-9 Henk vom Geney ("Henk' and WHEREAS, the ty desires to retire K-9 Henk and WHEREAS, Buyer desires to purchase said retired K-9 Henk; NOW, THEREFORE, in consideratlon of the mutual benefits to be derived herefrom and Three Thousand Dollars ($3,000.00) and other good and valuable consideration received by the ty from the Buyer, the parties herein do mutually agree as follows: 1. The City agrees to assign, convey and transFer all rights, title and interest in the dog known as K-9 Henk to Buyer 2. Acknowledament of Training and Release of Liabilitv In accepting transfer from the City of the dog known as K-9 Henk, a German Shepherd Dog, Buyer recognizes that said animal has received training in pofice canine procedures and tacdcs, induding, but not limited to, attack treining and other forms of aggressive.cbnduct, and by acceptance of this animal, Buyer, for and in consideration of the transfer to him of K-9 Henk, agrees to hold harmless the ty of Aubum, the Aubum Police Departrnent, and its officers, employees and agents from any and all liability whatsoever that might arise from acts engaged in by the forenamed canine resulting from his training as herein desaibed, as well as any other acts of said canine whether or not atdibutable to such training. Buyer further agrees to waive any and all daims of liability insofar as the City of Aubum, the Aubum Police Departrnent, its officers, employees and agents are concemed that might arise as a result of his use and/or possession of said animal. It is further understood by Buyer that, in consideration of this transfer, the City makes no representations rnncerning the health of the animal, which K-9 Purchase Agreement- Henk Page 1 of 2 RES.C Page 191 of 196 is transferred°as is"and Buyer assumes all responsibility and obligation for the condition, care and acts, of said animal. 3. Indemnification. Buyer agrees to assume any and all risks from the date first written above and the.Buyef further agrees to release, indemnify and promise to defend and save harmless the Cty, its officers, employees and agents from and against any and all liability, injuries, loss, damage, expense, actions and claims, including costs and reasonable attomey's fees incurred by the City, its officers, employees and agents in defense thereof, asserting or arising directly or indirectly on account of or out of said canine's activities from date of said transfer, provided, however, tfiis paragraph does not purport to indemnify the City against liability for any activittes of said canine prior to said transfer date. 4. SeverabiliN If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void, insofar as it is in conflict with said laws, the remainder of the Agreement shall remain in full force and effect. 5. Venue. It is agreed that venye for any lawsuit arising out of this Agreement shall be King County, Washington. IN WITNESS WHEREOF, the ty and Buyer have executed this Agreement the day and year first above written. C1TY OF AUBURN BUYER PETER B. LEWIS, Mayor John B. Douglas ATTEST CITY CLERK APPROVED AS TO FORM CITY ATTORNEY K-9 Purchase Agreement- Henk Page 2 of 2 RES.C Page 192 of 196 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4885 Date: November 27, 2012 Department: Public Works Attachments: Resolution No. 4885 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4885. Background Summary: EQUIPMENT RENTAL DIVISION The City no longer provides municipal probationary services and has no further need to transport inmates to either correctional institutions or treatment centers. The van providing this service is a piece of specialty equipment that can't be utilized by other departments. 6050A - 2008 Ford Prisoner Transport Van - VIN: 1FTSE34P48DB09651 Fixed Asset: 55000 6050A FACILITIES DIVISION The City no longer has a municipal court and has no further need for a walk thru metal detector. Metal Detector Walk Thru (Control Screening) - Serial Number: 90980709 F4.6.1 Reviewed by Council Committees: Finance, Public Works Councilmember:Partridge Staff:Dowdy Meeting Date:December 3, 2012 Item Number:RES.D AUBURN * MORE THAN YOU IMAGINEDRES.D Page 193 of 196 RESOLUTION NO. 4 8 8 5 A RESOLUTION OF THE GITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DECLARING CERTAIN ITEMS OF PROPERTY AS SURPLUS AND AUTHORIZING THEIR DISPOSAL WHEREAS, the City of Aubum has a number of items which are no longer of use to the City; 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 part, through gift to another govemmental agency or an appropriate charitable non- profd entity, as deemed most expedient by the Mayor NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON HEREBY RESOLVES as follows: Section 1. Purpose. That the property identified below is declared to be surplus, and the Mayor is auttiorized to dispose of and convey such property through appropriate sale or donation to another govemmental agency or charitable non-profit entity Public Works Deaartrnent Equipment Rental Division: The City no longer provides municipal probationary services and has no further need to transport inmates to either correctional institutions or treatment centers. Resolution No. 4885 November 28, 2012 Page 1 of 3 RES.D Page 194 of 196 The van used for this purpose is a piece of specialty equipment that cannot be utilized by other departments. 6050A—2008 Ford Prisoner Transport.Van -VIN: 1 FTSE34P48D609651 Fixed Asset: 55000 6050A Facilities Division: The City no longer has a municipal court and has no further need for a walk thru metal detector Metal Detector Walk Thru (Control Screening)—Serial Number 90980709 Section 2. Implementation. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. Effective Date. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of 2012. CITY OF AUBURN PETER B. LEWIS ATTEST MAYOR Danielle E. Daskam, City Clerk Resolution No. 4885 November 28, 2012 Page 2 of 3 RES.D Page 195 of 196 APPROVED AS TO FORM: aniel B. H ' , City Attom Resalution No. 4885 November 28, 2012 Page 3 of 3 RES.D Page 196 of 196