HomeMy WebLinkAbout09-06-2016 CITY COUNCIL MEETING AGENDACity Council Meeting
September 6, 2016 - 7:00 PM
Community Center-910 9th St SE
AGENDA
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I. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
A. Proclamation - Constitution Week
Mayor Backus to proclaim the week of September 16 - 22, 2016 as "Constitution
Week" in the city of Auburn.
B. Proclamation - Kiwanis Children's Cancer Cure Month
Mayor Backus to proclaim September 2016 as "Kiwanis Children's Cancer Cure
Month" in the city of Auburn.
C. Proclamation - National Recovery Month
Mayor Backus to proclaim September 2016 as "National Recovery Month" in the
city of Auburn.
III. APPOINTMENTS
IV. AGENDA MODIFICATIONS
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. Public Hearing for Right-of-Way Vacation V2-16 (Snyder)
City Council to hold a public hearing in consideration of Right-of-Way
Vacation V2-16 for the rights-of-way in the vicinity of the 50 foot right-of-
way and the 14 foot alley south of East Main Street and east of A Street
SE.
(RECOMMENDED ACTION: City Council hold the public hearing. For
more action on this item, see Ordinance No. 6614.)
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.
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C. Correspondence
There is no correspondence for Council review.
VI. COUNCIL AD HOC COMMITTEE REPORTS
Council Ad Hoc Committee Chairs may report on the status of their ad hoc
Council Committees' progress on assigned tasks and may give their
recommendation to the City Council, if any.
VII. 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. Minutes of the August 15, 2016 Regular City Council Meeting*
B. Minutes of the June 22, 2016 Special City Council Meeting*
C. Claims Vouchers (Coleman)
Claims voucher numbers 440246 through 440531 in the amount of
$4,004,296.28 and four wire transfers in the amount of $185,397.96 and dated
September 6, 2016.
D. Payroll Vouchers (Coleman)
Payroll check numbers 536667 through 536695 in the amount of $697,573.69
and electronic deposit transmissions in the amount of $1,480,865.93 for a grand
total of $2,178,439.62 for the period covering August 11, 2016 to August 31,
2016.
E. Recology CleanScapes Contract* (Coleman)
City Council approve Service Agreement SW16-L-004 with Recology
CleanScapes, Inc. for litter control services.
F. Public Works Project No. CP1202* (Snyder)
City Council approve Change Order No. 4 in the amount of $68,872.72 to
Contract No. 15-01 for work on Project No. CP1202, Auburn Way South
Flooding Improvements Phase 2.
G. Public Works Project No. CP1506* (Snyder)
City Council approve Final Pay Estimate No. 6 to Contract No. 15-13 and accept
construction of Project No. CP1506, 2015 Citywide Pavement Patching and
Overlay Project.
H. Public Works Project No. CP1512* (Snyder)
City Council award Contract No. 16-13, to Road Construction Northwest, Inc. on
their low bid of $558,549.50 plus Washington State sales tax of $53,062.20 for a
total contract price of $611,611.70 for Project No. CP1512, 2015 Sewer Repair
and Replacement.
(RECOMMENDED ACTION: City Council approve the Consent Agenda.)
VIII. UNFINISHED BUSINESS
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IX. NEW BUSINESS
X. ORDINANCES
A. Ordinance No. 6600* (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, creating
new Sections 18.04.115, 18.04.237, 18.04.238, 18.04.523, and 18.04.617, of the
City Code, amending Sections 18.04.325, 18.04.622, 18.04.823 (formerly
Section 18.04.495), 18.07.020, 18.07.030 and 18.31.220 of the City Code and
repealing Section 18.31.230 of the Auburn City Code, and providing for the
amortization of setback requirements, relating to zoning and land use code
provisions for animals
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6600.)
B. Ordinance No. 6614* (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, approving
the vacation of right-of-way in the vicinity of the 50 foot right-of-way and the 14
foot alley south of East Main Street and east of A Street SE
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6614.)
C. Ordinance No. 6616* (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, creating a
new Chapter 12.06 of the Auburn City Code enacting a Complete Streets Policy
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6616.)
XI. RESOLUTIONS
A. Resolution No. 5247* (Heid)
A Resolution of the City Council of the City of Auburn, Washington, expressing
support for the Auburn School District Number 408 Proposition Number 1 -
School Construction and Replacement General Obligation Bonds -
$456,056,000
Auburn School District No. 408
Proposition No. 1
School Construction and Replacement General Obligation Bonds -
$456,056,000
The Board of Directors of the Auburn School District No. 408 approved a
proposition for bonds. This proposition would authorize the District to construct
and equip two new elementary schools; rebuild Olympic Middle School and
Chinook, Dick Scobee, Lea Hill, Pioneer, and Terminal Park Elementary schools,
increasing enrollment capacity and accommodating class size reduction; to
issue $456,056,000 of general obligation bonds maturing within a maximum
term of 20 years, and to levy excess property taxes annually to repay the bonds,
all as provided in Resolution No. 1220. Should this proposition be approved?
APPROVED......................................................................................... ?
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REJECTED .............................................................................. ?
(RECOMMENDED ACTION: After providing an opportunity for opposing
views from the audience, City Council adopt Resolution No. 5247.)
B. Resolution No. 5248* (Heid)
A Resolution of the City Council of the City of Auburn, Washington, expressing
support for the Central Puget Sound Regional Transit Authority Proposition for
light-rail, commuter-rail and bus service expansion
Sound Transit (A Regional Transit Authority)
Light-Rail, Commuter-Rail, and Bus Service Expansion
Proposition No. __
The Sound Transit Board passed Resolution No. R2016-17 concerning expansion of
mass transit in King, Pierce, and Snohomish counties. This measure would expand
light-rail, commuter-rail, and bus rapid transit service to connect population,
employment and growth centers, and authorize Sound Transit to levy or impose: an
additional 0.5% sales and use tax; a property tax of $0.25 or less per $1,000 of
assessed valuation; an additional 0.8% motor-vehicle excise tax; and continue existing
taxes to fund the local share of the $53.8 billion estimated cost (including inflation), with
independent audits, as described in the Mass Transit Guide and Resolution No. R2016-
17. Should this measure be:
APPROVED .........................................................................................
REJECTED ...................................................... ................... ?
(RECOMMENDED ACTION: After providing an opportunity for opposing
views from the audience, City Council adopt Resolution No. 5248.)
C. Resolution No. 5249* (Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the transfer of funds for the purpose of making a loan or loans from the Sewer
Fund (Fund No. 431) and/or the Storm Drainage Fund (Fund No. 432) to the
Water Fund (Fund No. 430) for up to a three-year period of time
(RECOMMENDED ACTION: City Council adopt Resolution No. 5249.)
XII. MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on their significant City-related
activities since the last regular Council meeting.
A. From the Council
B. From the Mayor
XIII. ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City
website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are
available for review at the City Clerk's Office.
?
Page 4 of 106
*Denotes attachments included in the agenda packet.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for Right-of-Way Vacation V2-16
Date:
August 29, 2016
Department:
CD & PW
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council to hold a Public Hearing in consideration of Right-of-Way Vacation V2-16.
Attachments can be found with Ordinance No. 6614.
Background Summary:
Per Auburn City Code Chapter 12.48 a public hearing shall be held to consider the
proposed right-of-way vacation for V2-16 for the rights-of-way in the vicinity of the 50
foot right-of-way and the 14 foot alley south of East Main Street and east of A Street
SE. The date of the public hearing was set by Resolution No. 5243 on August 1,
2016.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:September 6, 2016 Item Number:PH.1
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the August 15, 2016 Regular City Council
Meeting
Date:
August 23, 2016
Department:
Administration
Attachments:
minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:
Meeting Date:September 6, 2016 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 7 of 106
City Council Meeting
August 15, 2016 - 7:00 PM
Auburn Senior Activity Center, located
at 808 9th St SE
MINUTES
I. CALL TO ORDER
A. Pledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the Auburn
Senior Center, 808 9th Street SE in Auburn. Mayor Backus led those in
attendance in the Pledge of Allegiance.
B. Roll Call
City Councilmembers present: Deputy Mayor Wales, Bob Baggett,
Claude DaCorsi, John Holman, Bill Peloza, Yolanda Trout-Manuel, and
Rich Wagner.
Department Directors and staff members present included: Director of
Administration Dana Hinman, City Attorney Daniel B. Heid; Assistant City
Attorney Jessica Leiser, Police Commander Steve Stocker, Finance
Director Shelley Coleman, Director of Human Resources and Risk
Management Rob Roscoe, Innovation and Technology director Paul
Haugan, Park, Arts and Recreation Director Daryl Faber, Assistant Director
of Community Development Services Jeff Tate, Project Engineer Kim
Troung, and Deputy City Clerk Shawn Campbell.
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Mayor Backus announced Director Coleman has earned the Professional
Finance Officer Award for the State of Washington from the Washington
Finance Officers Association. She congratulated Director Coleman for her many
years of receiving the award and her dedication to her profession.
III. APPOINTMENTS
There was no appointment for Council consideration.
IV. AGENDA MODIFICATIONS
Claims vouchers were amended to remove voucher number 440067 and
updated Ordinances No. 6613 and 6615 were provided to Council prior to the
meeting.
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
There was no public hearing.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the Page 1 of 5
CA.A Page 8 of 106
City Council on any issue. Those wishing to speak are reminded to sign in
on the form provided.
Ian Morrison, 701 5th Ave Suite 6600, Seattle
Mr. Morrison represents MT Auburn. He has been working with the City on
marijuana producers and processors issues. He requested Council adopt
Ordinance No. 6613.
Philip Dawdy, 1608 E Republican St., Seattle
Mr. Dawdy represents KF Industries. He stated his client understands the
intent of proposed Ordinance No. 6613 but his client wants to open his
business. He will be working with the Planning Commission to reach a
solution.
C. Correspondence
There was no correspondence for Council review.
VI. COUNCIL AD HOC COMMITTEE REPORTS
Council Ad Hoc Committee Chairs may report on the status of their ad hoc
Council Committees' progress on assigned tasks and may give their
recommendations to the City Council, if any.
Councilmember Baggett reported on behalf of the Finance ad hoc committee
that reviews claims and payroll vouchers. Councilmember Baggett reported
he and Councilmember Wagner reviewed the claims and payroll vouchers as
presented and described on this evening's agenda and recommend their
approval by Council.
VII. 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. Minutes of the August 1, 2016 Regular City Council Meeting
B. Claims Vouchers (Coleman)
Claims voucher number 440024 through 440245, in the amount of
$5,251,264.18 and six wire transfers in the amount of $967,099.38 and
dated August 15, 2016.
C. Payroll Vouchers (Coleman)
Payroll check numbers 536636 through 536666 in the amount of
$563,702.57, electronic deposit transmissions in the amount of
$1,498,779.55 for a grand total of $2,062,482.12 for the period covering
July 28, 2016 to August 10, 2016.
D. Public Works Project No. CP1522 (Snyder)
City Council to award Contract No. 16-19, to KLB Construction on their low
bid of $1,649,376.05 plus Washington State sales tax of $156,690.72 for a
total contract price of $1,806,066.77 for Project No. CP1522, 30th Street
NE Area Flooding, Phase 1B
Deputy Mayor Wales moved and Councilmember Trout-Manuel seconded
to approve the Consent Agenda as modified.
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CA.A Page 9 of 106
Deputy Mayor Wales stated the Consent Agenda consists of minutes,
claims and payroll vouchers and a public works project.
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. UNFINISHED BUSINESS
There was no unfinished business.
IX. NEW BUSINESS
There was no new business.
X. ORDINANCES
A. Ordinance No. 6606 (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington,
granting to City of Enumclaw Natural Gas, a franchise for gas utility
Deputy Mayor Wales moved and Councilmember Peloza seconded to
adopt Ordinance No. 6606.
Deputy Mayor Wales stated this Ordinance has been discussed at both
a public hearing and a study session. There are approximately 55 homes
affected by this agreement.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Ordinance No. 6611 (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Section 17.14.005 of the Auburn City Code, Relating to Civil
Plan Preparation, Submittal and Approval
Deputy Mayor Wales moved and Councilmember Trout-Manuel seconded
to adopt Ordinance No. 6611.
Deputy Mayor Wales stated this will allow submittals to be expedited to the
Community Development and Public Works Department.
MOTION CARRIED UNANIMOUSLY. 7-0
C. Ordinance No. 6612 (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Section 14.22.020 of the Auburn City Code relating to
requirements for updating the Comprehensive Plan
Councilmember Peloza moved and Deputy Mayor Wales seconded to
adopt Ordinance No. 6612.
Councilmember Peloza stated the ordinance adopts the 2015
Core Comprehensive Plan land use element, housing element, capital
facilities element, utilities element, economic development element and
incorporates the titles into the Auburn City Code.
MOTION CARRIED UNANIMOUSLY. 7-0
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CA.A Page 10 of 106
D. Ordinance No. 6613 (Heid)
An Ordinance of the City Council of the City of Auburn, Washington,
creating a new Section, 5.20.250, Of The Auburn City Code and amending
Sections 1.04.060, 1.25.010, 5.20.030, 5.20.050 and 9.22.030 of the
Auburn City Code related to marijuana related businesses and activities,
and imposing a moratorium on marijuana related activities as identified
herewith
Deputy Mayor Wales moved and Councilmember Trout-Manuel seconded
to adopt Ordinance No. 6613 as revised.
Deputy Mayor Wales recognized the effort put forth by the Legal
Department to address all foreseeable issues for producers and
processors.
Councilmember Holman stated the long term solution will be in additional
zoning regulations.
MOTION CARRIED UNANIMOUSLY. 7-0
E. Ordinance No. 6615 (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington,
creating a new Chapter 15.20 of Auburn City Code [Property Maintenance
Code], and New Sections 18.12.100, 8.20.060, 8.20.070, of the City Code
and amending Sections 1.25.030, 1.25.050, 1.25.065, 8.08.080, 8.12.020,
8.12.070, 8.12.080, 8.12.090, 8.20.030, 8.20.040, 8.20.050, 12.36.050 and
15.06.010 of the Auburn City Code and repealing Section 1.25.070 of the
Auburn City Code Relating to Nuisance Abatement
Deputy Mayor Wales moved and Councilmember Trout-Manuel seconded
to adopt Ordinance No. 6615 as revised.
Deputy Mayor Wales stated this ordinance has been discussed at study
session.
MOTION CARRIED UNANIMOUSLY. 7-0
XI. MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on their significant City-
related activities since the last regular Council meeting.
A. From the Council
Councilmember DaCorsi reported he was the guest speaker at the Rotary
Club luncheon, where he spoke on affordable housing. Councilmember
DaCorsi also reported he attended the National Night Out event.
Councilmember Trout-Manual reported she attended a tour of the
YMCA and the AugustFest event.
Councilmember Baggett complimented the Parks Department for their
hard work during AugustFest.
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CA.A Page 11 of 106
Councilmember Peloza reported he attended a Water Resource Inventory
Area 9 (WRIA9) tour.
B. From the Mayor
Mayor Backus reported she attended AugustFest. She thanked everyone
who worked on the event including the Parks Department, Maintenance
and Operations and the Police Department.
XII. ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned
at 7:24 p.m.
APPROVED this 6th day of September, 2016.
________________________________ ______________________________
NANCY BACKUS, MAYOR Shawn Campbell, Deputy City Clerk
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CA.A Page 12 of 106
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the June 22, 2016 Special City Council Meeting
Date:
August 16, 2016
Department:
Administration
Attachments:
Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:
Meeting Date:September 6, 2016 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 13 of 106
Special City Council Meeting
June 22, 2016 - 2:00 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
Mayor Nancy Backus called the special meeting to order at 2:06 p.m. in the
Council Chambers located at Auburn City Hall, 25 West Main Street in
Auburn. The purpose of the meeting was to discuss the 2017-2018 Biennial
Budget.
II. DISCUSSION ITEMS
A. 2017-2018 Budget Process
Director Coleman reviewed the meeting agenda and explained today's
meeting is the first of several budget meetings relating to the 2017-2018
Biennial Budget.
Director Coleman reviewed the budget calendar and provided an
overview of the funds and fund types. She reviewed typical department
and capital budgets and spoke regarding future budget challenges.
Director Coleman reported Mayor Backus and the department directors
will be meeting the week of July 18th to finalize department budgets.
The next Council budget meeting will take place in August.
Director Coleman stated some of the advantages to adopting a biennial
budget versus an annual budget include: saves Council and staff time,
provides for a longer financial planning perspective, and allows policy
makers a better view or longer vision. Biennial budgets are created in
odd numbered years and appropriations are for two years or two one year
budgets (Auburn uses two one-year budgets).
Director Coleman reviewed the City's fund structure. The City's budget
includes a total of 33 funds, including Governmental Funds (General
Fund, special revenue, debt service and capital project funds), Proprietary
Funds (enterprise and internal service funds), and Fiduciary and
permanent funds.
In the last year, the City created seven new capital sub-funds to
accumulate resources for capital projects or capital acquisitions. The
sub-funds are in the water, sewer, storm, cemetery, airport, equipment
rental and innovation and technology funds. Funds available for these
uses will be transparent and not co-mingled with funds or reserves
required for operations, debt reserves and debt management. Project
managers will know precisely how much funding has been accumulated
for projects and financing needs will be apparent.
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CA.B Page 14 of 106
Director Coleman then reviewed a sample draft Human Resources and
Risk Management Department budget along with department mission
statement, department overview, accomplishments and objectives,
performance measures, department staffing levels, preliminary
department budget by expenditure category, and the department budget
detail report.
Director Coleman then reviewed a sample Capital Improvement Fund
(Fund 328) budget, including budget detail reports, lead schedules and
project detail sheets.
Director Coleman also reviewed a draft Proprietary Fund for Equipment
Rental. Director Coleman reminded that proprietary funds are both
operational and capital in nature. She provided a brief overview of the
fund's mission statement, fund overview, accomplishments and
objectives, performance measures, and budget detail reports for both
operational and capital components.
Director Coleman discussed some of the budget challenges anticipated
for upcoming years. Director Coleman stated the sales tax growth is
slowing. This year the City experienced a two percent increase over the
previous year. For the last three years, the City has averaged a nine
percent increase in sales tax growth. Sales tax on new construction is
dedicated to the local street preservation program.
Director Coleman stated the State will be looking for funds to meet the
funding obligations under the McCleary decision during the 2017-2019
biennium. She cautioned that funds normally shared with cities could be
in jeopardy.
Director Coleman reminded that the annexation sales tax credit will
sunset on June 30, 2018. The annexation sales tax credit averages $1.7
million in revenue.
Director Coleman also stated that the demand for services is increasing
faster and is greater that budget growth, particularly in public safety,
transportation, and human services--homelessness and mental health.
Director Coleman and Council discussed the underfunding of the PERS 1
retirement system. Director Coleman stated the employee contributes six
percent while the employer pays 12.67 percent to the public employees
retirement system (PERS 1).
In response to a question from Councilmember Wagner, Director
Coleman stated that the 2017-2018 program improvements will be
included with the department budget.
Director Coleman pointed out the appendix section of the Council packet,
which includes property tax statistics, the reserve policy, the budget
calendar and a list of funds.
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CA.B Page 15 of 106
In response to a question from Councilmember Holman, Director
Coleman stated the sales tax on construction this year is anticipated to be
approximately $2 million.
Councilmembers and Director Coleman briefly discussed fund balances
and working capital guidelines.
III. ADJOURNMENT
There being no further discussion, the meeting adjourned at 3:04 p.m.
APPROVED THIS ______ DAY OF _____________, 2016.
_________________________________ _____________________________
NANCY BACKUS, MAYOR Danielle Daskam, City Clerk
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CA.B Page 16 of 106
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
August 30, 2016
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve claims vouchers.
Background Summary:
Claims voucher numbers 440246 through 440531 in the amount of $4,004,296.28
and four wire transfers in the amount of $185,397.96 and dated September 6, 2016.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:September 6, 2016 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 17 of 106
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
August 30, 2016
Department:
Administration
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve payroll vouchers.
Background Summary:
Payroll check numbers 536667 through 536695 in the amount of $697,573.69
and electronic deposit transmissions in the amount of $1,480,865.93 for a grand total
of $2,178,439.62 for the period covering August 11, 2016 to August 31, 2016.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:September 6, 2016 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 18 of 106
AGENDA BILL APPROVAL FORM
Agenda Subject:
Recology CleanScapes Contract
Date:
August 31, 2016
Department:
Finance
Attachments:
Contract
Budget Impact:
$0
Administrative Recommendation:
City Council approve Service Agreement SW16-L-004 with Recology CleanScapes,
Inc.
Background Summary:
The non-profit corporation, Vadis, has provided litter control services for the City of
Auburn since 1991. Effective October 1, 2016, Vadis will focus on individual job
placement and no longer be providing group litter control services. City staff looked at
alternatives to Vadis and determined an agreement with Recology CleanScapes is the
most beneficial choice for the City.
SW16-L-004 is a service agreement between the City of Auburn and Recology
CleanScapes, Inc. for a litter control program, beginning October 1, 2016 and ending
December 31, 2017. This agreement with Recology is for $43,848.00 in 2016 and
$175,392.00 in 2017. In comparison, the agreement with Vadis for one year was
$159,582.00. Recology staff will provide litter removal in the same public areas as
Vadis. They will also provide most of the litter can services, except the City’s
Community Service Crew will assist with some of the cans in the downtown area.
Recology CleanScapes’ “StreetScapes” division has been working to keep
commercial business districts clean since 1997. This agreement focuses on litter
removal, but they offer a variety of other services such as pressure washing and
graffiti removal.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:September 6, 2016 Item Number:CA.E
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SW16 -L-004
Recology CleanScapes
Page 1 of 7
CITY OF AUBURN
AGREEMENT FOR SERVICES
SW16-L-004
THIS AGREEMENT made and entered into on this day of , 2016,
by and between the City of Auburn, a municipal corporation of the State of Washington,
hereinafter referred to as “City” and Recology CleanScapes Inc., 117 S. Main Street,
Suite 300, Seattle, WA 98104, hereinafter referred to as the “Provider.”
W I T N E S S E T H :
WHEREAS, the City is engaged in or readying itself to be engaged in its litter control
and recycling program and is in need of services of individuals, employees or firms for litter
control and recycling work; and,
WHEREAS, the City desires to retain the Provider to provide certain services in
connection with the City’s work related to litter control and recycling; and,
WHEREAS, the Provider is qualified and able to provide services in connection with
the City’s needs for the above-described work, and is willing and agreeable to provide
such services upon the terms and conditions herein contained.
NOW, THEREFORE, the parties hereto agree as follows:
1. Scope of Services
The Provider agrees to perform in a good and professional manner the tasks
described on Exhibit “A” which is attached hereto and incorporated herein by this
reference. (The tasks described on Exhibit “A” shall be individually referred to as a
“task,” and collectively referred to as the “services.”) The Provider 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.
2. Additional Services
From time to time hereafter, the parties hereto may agree to the performance by the
Provider 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 Provider’s performance of the services there under, except as may
be provided to the contrary in Section 3 of this Agreement. Upon proper completion
and execution of an Amendment (agreement for additional services), such
Amendment shall be incorporated into this Agreement and shall have the same force
and effect as if the terms of such Amendment were a part of this Agreement as
originally executed. The performance of services pursuant to an Amendment shall be
subject to the terms and conditions of this Agreement except where the Amendment
provides to the contrary, in which case the terms and conditions of any such
Amendment shall control. In all other respects, any Amendment shall supplement
and be construed in accordance with the terms and conditions of this Agreement.
CA.E Page 21 of 106
SW16 -L-004
Recology CleanScapes
Page 2 of 7
3. Performance of Additional Services Prior to Execution of an Amendment
The parties hereby agree that situations may arise in which emergency services other
than those described on Exhibit “A” but reasonably related thereto are desired by the
City and the time period for the completion of such services makes the execution of
Amendment impractical prior to the commencement of the Provider’s performance of
the requested services. The Provider hereby agrees that it shall perform such
services upon the written request of an authorized representative of the City pending
execution of an Amendment, 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 8 of this Agreement.
4. Provider’s Representations
The Provider hereby represents and warrants that he has all necessary licenses and
certifications to perform the services provided for herein, and is qualified to perform
such services.
5. City’s Responsibilities
The City shall do the following in a timely manner so as not to delay the services of
the Provider:
a. Designate in writing a person to act as the City’s representative with respect to the
services. The City’s designee shall have complete authority to transmit
instructions, receive information, interpret and define the City’s policies and
decisions with respect to the services.
b. Furnish the Provider with all information, criteria, objectives, schedules and
standards for the project and the services provided for herein.
c. Arrange for access to the property or facilities as required for the Provider to
perform the services provided for herein.
Specific responsibilities of the City are set forth in Exhibit B, which is attached hereto
and by this reference made a part of this agreement.
6. Provider’s Responsibilities
Specific responsibilities of the Provider are set forth in Exhibit B, which is attached
hereto and by this reference made a part of this agreement.
7. Acceptable Standards
The Provider shall be responsible to provide, in connection with the services
contemplated in this Agreement, work products and services of a quality and
professional standard reasonably acceptable to the City.
8. Compensation
As compensation for the Provider’s performance of the services provided for herein,
the City shall pay the Provider the fees and costs specified on Exhibit “C” attached
hereto and made a part hereof (or as specified in an Amendment). The Provider shall
submit to the City 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 Provider thereafter in the normal course, subject to any
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conditions or provisions in this Agreement or Amendment. The Agreement number
must appear on all invoices submitted.
9. Time for Performance and Term of Agreement
The Provider shall not begin any work under this Agreement until October 1, 2016.
The Provider shall perform the services provided for herein in accordance with the
direction and scheduling provided on Exhibit “A” attached hereto and incorporated
herein by this reference, unless otherwise agreed to in writing by the parties. The
Term of this Agreement shall terminate on December 31, 2017.
10. Ownership and Use of Documents
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise prepared
by the Provider 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.
11. Records Inspection and Audit
All compensation payments shall be subject to the adjustments for any amounts
found upon audit or otherwise to have been improperly invoiced, and all 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 final payment for work performed under this Agreement.
12. Continuation of Performance
In the event that any dispute or conflict arises between the parties while this Contract
is in effect, the Provider agrees that, notwithstanding such dispute or conflict, the
Provider shall continue to make a good faith effort to cooperate and continue work
toward successful completion of assigned duties and responsibilities.
13. Administration of Agreement
This Agreement shall be administered by Kevin Kelly, on behalf of the Provider, 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:
City of Auburn Recology CleanScapes Inc.
Joan Nelson Kevin Kelly
Solid Waste & Recycling Supervisor General Manager
25 W Main St 117 S. Main Street, Suite 300
Auburn, WA 98001-4998 Seattle, WA 98104
Phone: 253-876-1900 Fax: 206-859-6701
E-mail: jenelson@auburnwa.gov E-mail: kkelly@recology.com
14. 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,
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return receipt requested, and addressed, if to a party of this Agreement, to the
address for the party set forth above.
Either party may change his, her or its address by giving notice in writing, stating his,
her or its new address, to the other party, pursuant to the procedure set forth above.
15. Insurance
The Provider 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. Insurance is to be placed with authorized insurers in
Washington State with a current A.M. Best rating of not less than A-: VII. The
Provider shall furnish evidence, satisfactory to the City, of all such policies. During
the term hereof, the Provider shall take out and maintain in full force and effect the
following insurance policies:
a. Automobile Liability insurance, covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form
CA 00 01 or a substitute form providing equivalent liability coverage. If necessary,
the policy shall be endorsed to provide contractual liability coverage. Provider
shall maintain automobile insurance with minimum combined single limit for bodily
injury and property damage of $1,000,000.00 per accident.
b. Commercial General Liability insurance shall be written on ISO occurrence form
CG 00 01 or its equivalent and shall cover liability arising from premises,
operations, independent contractors, products-completed operations, stop gap
liability, personal injury and advertising injury, and liability assumed under an
insured contract. The Commercial General Liability insurance shall be endorsed
to provide the Aggregate Per Policy Limit . There shall be no endorsement or
modification of the Commercial General Liability insurance for liability arising from
explosion, collapse or underground property damage. The City shall be named as
an additional insured under the Contractor’s Commercial General Liability
insurance policy with respect to the work performed for the City using ISO
Additional Insured endorsement CG 20 10 10 01 or its equivalent and Additional
Insured-Completed Operations endorsement CG 20 37 10 01 or substitute
endorsements providing equivalent coverage. Commercial General Liability
insurance shall be written with limits no less than $1,000,000.00 each occurrence,
$2,000,000.00 general aggregate, and a $2,000,000.00 products-completed
operations aggregate limit.
c. Workers’ Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
d. Umbrella/Excess Liability Insurance in a minimum amount of five million dollars
($5,000,000.00), providing coverage on a following-form basis over the
Employer’s Liability Insurance limit, the Commercial General Liability Insurance
limit, and the Automobile Liability Insurance limit.
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16. Indemnification
The Provider shall indemnify and hold harmless the City and its officers, agents and
employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by any reason of or arising out of
the negligent act or omission of the Provider, 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, its officers, agents, employees and/or any of
them, or jointly against the City and the Provider and their respective officers, agents
and employees, or any of them, the Provider shall satisfy the same to the extent that
such judgment was due to the Provider’s negligent acts or omissions.
17. Assignment
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.
18. Nondiscrimination
The Provider may not discriminate regarding any services or activities to which this
Agreement may apply directly or through contractual, hiring, or other arrangements
on the grounds of race, color, creed, religion, national origin, sex, age, or where there
is the presence of any sensory, mental or physical handicap.
19. 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 affect 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 Agreement.
20. Termination and Suspension
Either party may terminate this Agreement upon written notice to the other party if the
other party fails substantially to perform in accordance with the terms of this
Agreement through no fault of the party terminating the Agreement, and does not
cure such failure of performance within ten (10) days after written notice of the failure
by the non-breaching party.
The City may terminate this Agreement upon not less than seven (7) days written
notice to the Provider if the services provided for herein are no longer needed.
If the Provider is notified by another contractor of the City that one or more of the
Provider’s services hereunder violate the exclusive rights granted by the City to such
contractor or interfere with such contractor’s contract with the City, then the Provider
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may cease providing such services and/or terminate this Agreement, upon not less
than seven (7) days written notice to the City.
If this Agreement is terminated early, the Provider shall be compensated for services
performed prior to termination in accordance with the rate of compensation provided
in Exhibit “C” hereof.
21. 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 contractual relationship
with or exist for the benefit of any third party, including contractors, sub-contractors
and their sureties.
22. Costs to Prevailing Party
In the event of such litigation or other legal action, to enforce any rights,
responsibilities or obligations under this Agreement, the prevailing parties shall be
entitled to receive its reasonable costs and attorney’s fees.
23. Applicable Law
This Agreement and the rights of the parties hereunder shall be governed by and
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 Provider of the
services.
24. Captions, Headings and Titles
All captions, headings or titles in the paragraphs or sections of this Agreement are
inserted for convenience of reference only and shall not constitute a part of this
Agreement or act as a limitation of the scope of the particular paragraph or sections
to which they apply. As used herein, where appropriate, the singular shall include the
plural and vice versa and masculine, feminine and neuter expressions shall be
interchangeable. Interpretation or construction of this Agreement shall not be
affected by any determination as to who is the drafter of this Agreement, this
Agreement having been drafted by mutual agreement of the parties.
25. Severable Provisions
Each provision of this Agreement is intended to be severable. If any provision hereof
is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not
affect the validity of the remainder of this Agreement.
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26. Entire Agreement
This 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.
27. Counterparts
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.
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 RECOLOGY CLEANSCAPES INC.
___________________________________
Nancy Backus, Mayor Signature
Name:
Title:
Attest:
________________________________
___________________________________ Signature
Danielle Daskam, City Clerk Name:
Title:
Approved as to form:
___________________________________
Daniel B. Heid, City Attorney
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Exhibit A
Page 1 of 1
EXHIBIT A
SCOPE OF WORK
The purpose of this Agreement is to contract with the Provider on a clean-up program
for the City of Auburn.
Litter Crew
The Provider shall make available a Litter Crew consisting of two (2) employees and
two (2) pickup trucks.
The Provider’s Litter Crew shall perform the following services within the City:
1. Specific Tasks
The Provider’s Litter Crew will collect and remove litter, trash, and debris from the
shoulders of City public ways (including but not limited to streets, roads, alleys,
paths, and parkways), public parking lots, and other designated public areas. Tasks
include the following:
a. Litter clean-up
i. Blow and sweep building edge to curb line in core area as needed.
ii. Bio hazard removal (urine, vomit, feces, sharps)
b. Designated public place litter can service as determined by the City.
c. Roadside litter patrols as determined by the City.
City shall ensure that the tasks to be performed by the Litter Crew and the schedule
for completion are reasonable. The Provider shall not be required to remove
materials of a size, type or quantity that cannot reasonably be removed by such a
crew.
2. Examination of Work Sites
The Provider shall examine all work sites thoroughly before commencing work at the
site. It shall be the responsibility of the Provider to verify all the duties, assignments,
and job sites. All existing conditions at the job site will be noted and copies with
verification noted, given to the City’s Solid Waste and Recycling Supervisor on a
monthly basis.
3. Hours
• The Provider shall perform tasks to completion between the hours of 6:30 AM
and 2:30 PM Monday through Friday (seven (7) service hours per employee per
day, subject to required meal and break periods).
• The Provider shall observe New Year’s Day, Thanksgiving Day, and Christmas
Day.
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Exhibit B
Page 1 of 3
EXHIBIT B
RESPONSIBILITIES
PROVIDER
The Provider shall be responsible for the following:
1. The performance of all work as provided in this Agreement with its own employees.
Individuals who perform work under this Agreement must be carried on the
Provider’s payroll. The Provider is responsible for administering and paying
employee wages, benefits, and all other employee-related costs. Although the
Provider’s company headquarters may be located outside of Auburn, Washington,
the Provider shall provide a full-time supervisor who will continuously oversee the
Provider’s employee work and will have authority to represent the Provider in the
day-to-day activities. The Provider will present the supervisor’s name, address, and
telephone number to the City’s Solid Waste and Recycling Supervisor at the
beginning of the contract period.
2. The Provider is responsible for the safety of its employees at the sites where
assigned tasks are performed as well as tools, equipment, safety gear, traffic control
devices, and any other items which may be supplied by the City for the Provider’s
use in the performance of contracted duties. No equipment or supplies will be
removed from City premises except as required for the performance of assigned
duties.
3. Monthly reports shall be provided to the City’s Solid Waste and Recycling Supervisor
on a monthly basis. Monthly reports shall include the following:
a. Bag count
b. Bios collected
c. Litter can overflow
d. Graffiti removals (if any)
e. Location and hours of requested pressure washing (if any)
f. Event service (if any)
4. The Provider shall supply a motor vehicle to transport its employees to and from the
designated work sites. The Provider’s vehicle shall be well identified with signs and
equipped with safety warning lights and emergency flashers.
5. The Provider shall supply litter bags, safety gear, rain gear, foul weather gear,
footwear as required, and clothing as needed for its employees.
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Exhibit B
Page 2 of 3
6. The Provider shall follow accepted safety practices in the performance of all work.
The Provider’s employees must be trained in traffic control and must possess a
“Traffic Control Flagging License” certified by the State of Washington.
7. The following additional services are not included in the pricing set forth in Exhibit C,
but may be provided under this Agreement at the request of the City. The services
may be initiated by an email or other written request from the City to the Provider
and are not subject to the Additional Services requirement of Section 2, but are
subject to all other provisions of this Agreement. The cost of such services shall be
as indicated below, or if not so indicated, then as agreed by the parties at the time of
the request.
Service Cost
Pressure Washing
Spinner service
Wand service – without reclamation machine
Wand service – with reclamation machine
$100/hr.*
$80/hr.*
$100/hr.*
Additional Streetscapes Services
(1 employee and 1 pickup truck; tasks as described in
Section 1 of Exhibit A)
$50/hr.
Graffiti Removal
(graffiti removed or painted over within 5 days of request;
grey stain-blocking primer used to paint over)
TBD
Event Service
(delivery and removal of carts; event day litter removal;
post-event cleanup)
TBD
Bulky Item Removal
(large furniture, white goods (appliances), large piles of loose
debris, other oversize items beyond scope of normal litter service)
TBD
* Assuming waste water can be dumped at City M&O at no cost to Provider.
CITY
The City shall be responsible for the following:
1. The City shall supply the Provider and its Auburn supervisor a copy of the daily work
schedule and any change notices to use as a basic guide for the distribution of work
each week. The work schedule may be changed as deemed appropriate by the City
and a copy of such changes provided to the Provider and the City. The City shall
determine the priority of the various assignments. The City shall verify that all
services are satisfactorily performed as scheduled.
2. The City shall supply the Provider with a location map of the public place litter cans
and the frequency that they shall be serviced.
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Exhibit B
Page 3 of 3
3. The City shall at no cost to the Provider provide disposal for all materials collected
by the Provider during services performed under this Agreement. The Provider shall
deliver all such materials to the City’s Maintenance and Operations Division facility
located at 1305 C Street SW , Auburn, WA (“City M&O”).
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Exhibit C
Page 1 of 1
EXHIBIT C
FEE SCHEDULE
2016 Fee Schedule
Not-To-Exceed
Monthly Fee # of Months Amount
Litter Crew $14,616.00 3 $ 43,848.00
2016 Total Not To Exceed Amount $ 43,848.00
2017 Fee Schedule
Not-To-Exceed
Monthly Fee # of Months Amount
Litter Crew $14,616.00 12 $ 175,392.00
2017 Total Not To Exceed Amount $ 175,392.00
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1202
Date:
August 30, 2016
Department:
CD & PW
Attachments:
Budget Status Sheet
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Change Order No. 4 in the amount of $68,872.72 to Contract
No. 15-01 for work on Project No. CP1202, Auburn Way South Flooding
Improvements Phase 2.
Background Summary:
The purpose of this project is to relieve stormwater flooding issues on Auburn Way
South near the State Route 18 underpass by diverting stormwater flows from the
flooding area to the existing storm drainage ponds located at 21st Street SE (near D
Street SE) and 17th Street SE (west of A St SE). Phase 1 of the project was complete
in 2009 and installed a new storm line down 17th Street SE and K Street SE between
Auburn Way South and 18th Street SE which diverted stormwater to the pond on 21st
Street SE. This project (CP1202, Auburn Way South Flooding Phase 2) consisted of
installing a new storm line on 17th Street SE between A Street SE and K Street SE to
divert stormwater to the pond on 17th Street SE. This project also replaced the
deteriorated water main and sewer line on 17th Street SE between A Street SE and K
Street SE and expanded the existing storm pond on 17th Street SE to accommodate
the increase in storm drainage flows.
Council approval of Change Order No. 4 is being requested because the authorized
contingency for this contract has been utilized for previous change orders as follows:
Change Order No. 1, $38,643.00, additional sewer repair work beyond original scope
on B Street, Change Order No. 2, $81,570.00, emergency side sewer repairs and
replacement of the previously damaged signal pole at A Street SE/17th Street SE.
Change orders Nos. 1 and 2 were within the authorized contingency and did not
require Council approval. Additionally, other emergency repairs were paid under the
contract as minor changes and did not require Council approval because they were
within the authorized contingency. Change Order No. 3, $24,781.00, was approved by
AUBURN * MORE THAN YOU IMAGINEDCA.F Page 33 of 106
Council on June 6th and compensated the Contractor for additional excavation and
trench restoration associated with unexpected soil conditions.
The physical construction work for this project is complete and the Contractor has
been auditing its records and documents to ensure that all appropriate costs have
been accounted for before the City processes final payment and issues final
acceptance. During this process, the Contractor found that it had inadvertently not
requested payment for various work and materials. City Staff has verified the validity
of a portion of these costs and included those costs in this Change Order No. 4
request. Discussions and verifications continue with the Contractor on other costs and
Staff anticipates that these costs would not exceed the remaining authorized
contingency amount of $65,780.00. Final costs will be summarized with the final
payment and acceptance request.
A project budget contingency of $80,357.00 remains in the 460 (Water) Fund.
A project budget contingency of $5,845.00 remains in the 461 (Sewer) Fund.
A project budget contingency of $11,774.00 remains in the 462 (Storm) Fund.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:September 6, 2016 Item Number:CA.F
AUBURN * MORE THAN YOU IMAGINEDCA.F Page 34 of 106
Project No: CP1202 Project Title:
Project Manager: Seth Wickstrom
Consultant Agreement Amendment
Initiation Date: _8/19/2013___ Permission to Advertise
Advertisement Date: _6/11/15__ Contract Award
Award Date: _7/6/15____ Change Order Approval
Contract Final Acceptance
Funding 2012 2013 2014
2015 2016 Total
460 Fund - Water 9,919 422,098 413,905 845,922
461 Fund - Sewer 154 11,543 281,356 380,000 673,053
462 Fund - 2013 Bond Proceeds 461 81,607 56,544 1,311,535 187,853 1,637,539
462 Fund - Storm 297,147 297,147
001 Fund - Engineering Repairs 19,255 19,255
Total 461 81,761 78,006 2,014,989 1,298,160 3,472,916
Activity 2012 (actual) 2013 (actual) 2014 (actual)
2015 (actual) 2016 Total
Design Engineering - City Costs 461 14,283 26,046 124,063 164,392
Design Engineering - Consultant Costs 67,479 51,960 119,438
Construction Contract Bid 1,737,137 903,687 2,640,824
Change Order No. 1 38,644 38,644
Change Order No. 2 81,570 81,570
Change Order No. 3 24,781 24,781
Change Order No. 4 68,873 68,873
Authorized Contingency 65,780 65,780
Construction Engineering - City Costs 115,145 55,493 170,638
Total 81,761 78,006 2,014,989 1,200,184 3,374,940
2012 (actual)2013 (actual) 2014 (actual) 2015 (actual) 2016 Total
*460 Funds Budgeted ( )0 0 (9,919) (422,098) (413,905) (845,922)
460 Funds Needed 0 0 9,919 422,098 333,547 765,565
*460 Fund Project Contingency ( )0 0 0 0 (80,357) (80,357)
460 Funds Required 0 0 0 0 0 0
2012 (actual)2013 (actual) 2014 (actual) 2015 (actual) 2016 Total
*461 Funds Budgeted ( )0 (154) (11,543) (281,356) (380,000) (673,053)
461 Funds Needed 0 154 11,543 281,356 374,155 667,208
*461 Fund Project Contingency ( )0 0 0 0 (5,845) (5,845)
461 Funds Required 0 0 0 0 0 0
2012 (actual)2013 (actual) 2014 (actual) 2015 (actual) 2016 Total
*462 Funds Budgeted ( )(461) (81,607) (56,544) (1,311,535) (485,000) (1,934,686)
462 Funds Needed 461 81,607 56,544 1,311,535 473,226 1,922,912
*462 Fund Project Contingency ( )0 0 0 0 (11,774) (11,774)
462 Funds Required 0 0 0 0 0 0
2012 (actual)2013 (actual) 2014 (actual) 2015 (actual) 2016 Total
*001 Funds Budgeted ( )0 0 0 0 (19,255) (19,255)
001 Funds Needed 0 0 0 0 19,255 19,255
*001 Fund Project Contingency ( )0 0 0 0 0 0
001 Funds Required 0 0 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
460 Water Budget Status
461 Sewer Budget Status
462 Storm Budget Status
001 Engineering Repairs Budget Status
BUDGET STATUS SHEET
Auburn Way South Flooding Imp. - Ph II
Date: August 29, 2016
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
1 of 1CA.F Page 35 of 106
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
4/28/2015
CA.F Page 36 of 106
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1506
Date:
August 30, 2016
Department:
CD & PW
Attachments:
Budget Status Sheet
Final Pay Estimate
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council approve Final Pay Estimate No. 6 to Contract No. 15-13 and accept
construction of Project No. CP1506, 2015 Citywide Pavement Patching and Overlay
Project.
Background Summary:
This project includes funding from the Local Street Preservation Program, the Arterial
Street Preservation Program, money that will be contributed to the project via Mining
Permit # MIN07-0001 held by ICON Materials and an additional $600,000.00 of Real
Estate Excise Tax revenue.
This project preserved and enhanced City streets by grinding and overlaying 1.44
miles of arterial and collector streets, patching pavement on 1.49 miles of arterial and
collector streets, deep patching and overlaying 2.37 miles of arterial and collector
streets, and applying a thin overlay to 0.83 miles of local residential streets as part of
the Save Our Streets Program. The project also replaced 29 curb ramps at the various
project sites so they are compliant with the Americans with Disabilities Act (ADA). This
work was funded by the 103 (Local Street Preservation Program) Funds and 105
(Arterial and Collector Street Preservation Program) Funds. The Project streets are
shown on the attached map.
A project budget contingency of $205,616.00 remains in the 103 (Local Street
Pavement Preservation) Fund.
A project budget contingency of $80,887.00 remains in the 105 (Arterial and Collector
Pavement Preservation) Fund.
The final contract amount is within the budget and within the authorized contingency
for the project.
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Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:September 6, 2016 Item Number:CA.G
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Project No: 15-13 Project Title:
Project Manager: Jai Carter
Final Design
Initiation Date: __October 6, 2014___ Project Intiation
Advertisement Date: _June 18, 2015___ Contract Award
Award Date: _July 6, 2015_______ Change Order #1 Approval
Contract Final Acceptance
Funding Prior Years 2014 2015
2016 Total
103 Fund - Local Street Preservation 218,901 211,099 430,000
105 Fund - Arterial/Collector Preservation 1,221,301 478,699 1,700,000
ICON Materials - Mining Permit #MIN07-0001*80,000 80,000
Real Estate Excise Tax#600,000 0 600,000
Total 0 0 2,120,202 689,798 2,810,000
*Funds to be contributed as traffic mitigation fee associated with Mining Permit. Shown below combined with 105 fund budget.
#Funds shown combined with 105 fund budget below.
Activity Prior Years 2014 2015
2016 Total
Design Engineering - Actual City Costs**13,651 13,651
Construction Contract Bid 1,894,842 1,894,842
Authorized Contingency 94,464 387,939 482,403
Change Order #1 67,597 67,597
Line Item Changes (4,674) (4,674)
Construction Engineering - City Costs**54,321 15,357 69,678
Total 0 0 2,124,875 398,622 2,523,497
**City staff costs for Local Street Preservation (103 fund) are not charged against the project budget, amount shown is
for City staff design and construction costs of the Arterial and Collector Streets (105 fund).
Prior Years 2014 2015
2016 Total
***103 Funds Budgeted ( )0 0 (218,901) (211,099) (430,000)
103 Funds Needed 0 0 218,901 5,484 224,384
***103 Fund Project Contingency ( )0 0 (0) (205,615) (205,616)
103 Funds Required 0 0 0 0 0
Prior Years 2014 2015
2016 Total
***105 Funds Budgeted ( )0 0 (1,901,301) (478,699) (2,380,000)
105 Funds Needed 0 0 1,901,301 397,812 2,299,113
***105 Fund Project Contingency ( )0 0 (0) (80,887) (80,887)
105 Funds Required 0 0 0 0 0
*** ( # ) in the Budget Status Sections indicates Money the City has available.
105 Arterial/Collector Budget Status
103 Local Street Budget Status
Estimated Cost (Funds Needed)
BUDGET STATUS SHEET
2015 Pavement Patching, and Overlay Project
Date: August 29, 2016
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
1 of 1CA.G Page 39 of 106
CA.G Page 40 of 106
CA.G Page 41 of 106
CA.G Page 42 of 106
CA.G Page 43 of 106
CA.GPage 44 of 106
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1512
Date:
August 29, 2016
Department:
CD & PW
Attachments:
Budget Status Sheet
Bid Tab Summary
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council award Contract No. 16-13, to Road Construction Northwest, Inc. on their
low bid of $558,549.50 plus Washington State sales tax of $53,062.20 for a total
contract price of $611,611.70 for Project No. CP1512, 2015 Sewer Repair and
Replacement.
Background Summary:
The City received 7 responsive bids and the low bid was approximately 27% below
the engineer’s estimate. Staff has performed reference checks and other verifications
to determine that Road Construction Northwest, Inc. meets the responsible bidding
criteria and recommends award.
The project will repair and/or replace portions of the sanitary sewer system that have
deteriorated or are otherwise in need of repair due to issues that include pipe
breakage, settling or joint separation, or other problems. Sites for repair are shown on
the attached vicinity map and were selected based on camera inspection showing
need for repair and knowledge or records indicating frequent inspection and
maintenance by Sanitary Sewer Utility staff.
A project budget contingency of $352,388.00 remains in the 461 (Sewer) Fund.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:September 6, 2016 Item Number:CA.H
AUBURN * MORE THAN YOU IMAGINEDCA.H Page 45 of 106
AUBURN * MORE THAN YOU IMAGINEDCA.H Page 46 of 106
Project No: CP1512 Project Title:
Project Manager: Seth Wickstrom
2015 Mid Biennial Adjustment
Initiation Date: __7/24/15_______ Permission to Advertise
Advertisement Date: _8/11/16____ Contract Award
Award Date: ___________ Change Order Approval
Carry Forward to 2016
Funding Prior Years 2015 (actual) 2016
Future Years Total
461 Fund - Sewer 37,904 1,150,000 1,187,904
Total 0 37,904 1,150,000 0 1,187,904
Activity Prior Years 2015 (actual) 2016
Future Years Total
Design Engineering - City Costs 37,904 44,000 81,904
Construction Contract Bid 611,612 611,612
Authorized Contingency 75,000 75,000
Construction Engineering - City Costs 60,000 60,000
Construction Engineering - Consultant Costs 7,000 7,000
Total 0 37,904 797,612 0 835,515
Prior Years 2015 (actual) 2016
Future Years Total
*461 Funds Budgeted ( )0 (37,904) (1,150,000) 0 (1,187,904)
461 Funds Needed 0 37,904 797,612 0 835,515
*461 Fund Project Contingency ( )0 0 (352,388) 0 (352,388)
461 Funds Required 0 0 0 0 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
461 Sewer Budget Status
BUDGET STATUS SHEET
2015 Sewer Repair and Replacement
8/25/2016
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
\\coa.auburn.local\dept\Building\PROJ\CP1512-2015SewerRepairAndReplacement\3.00 Project Management\3.20 Budget\CP1512 2015
Sewer R&R BudgetStatusSheet.xls 1 of 1CA.H Page 47 of 106
CA.HPage 48 of 106
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
5/27/2015
CA.H Page 49 of 106
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6600
Date:
August 29, 2016
Department:
Community Development &
Public Works
Attachments:
Ordinance No. 6600
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Ordinance No. 6600.
Background Summary:
The proposed ordinance would modify the City’s regulations for the keeping of
animals on residential properties, as summarized below. Discussions were held with
the Planning Commission in February 2, and March 8, of this year along with a final
presentation on May 3rd followed up with a formal public hearing conducted on May
17th.
The Planning Commission’s recommendation of proposed changes is summarized as
follows:
1) add new definitions and regulations for beekeeping
2) update definitions and regulations for keeping domestic fowl (e.g. chickens)
3) modify the definition for small domestic animals (“household pets”) to except
animals such as fish
4) modify and clarify the definition for medium domestic animals (e.g. miniature goats)
5) modify and clarify the definition for large domestic animals (e.g. horses)
6) combine the existing two code sections that contain the regulations for keeping
animals into one section, update incorrect or non-applicable code verbiage (e.g.
licensing requirements for potbelly pigs does not exist) in these sections, and other
general updates (e.g. add chicken coops must meet setbacks)
7) add section that requires existing areas or structures housing animals to meet
these updated Code provisions for setbacks within 30 days of notification by the City.
Language is included that allows a request for extension beyond the 30 days.
Additionally, at the May 17th public hearing, the Planning Commission initiated a
discussion about the maximum number of small domestic animals (e.g. cats and
dogs) that a property owner is allowed to have on their property. Staff did not initiate
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 50 of 106
this conversation nor did any members of the public. The Planning Commission
looked at a section of code that has been in place since prior to the mid 1980’s which
establishes the limit of domestic animals at four (4). The Planning Commission felt
that this limitation was arbitrary and voted to recommend that it be increased to 5. A
change to 5 animals would also necessitate a further change to ACC 6.04.040
“Maximum number of dogs or cats”. Staff encourages City Council to consider the
appropriateness of this part of the Planning Commission’s initial recommendation.
At the June 20, 2016 City Council meeting, the Council remanded the section of the
ordinance relating to setbacks for structures and areas housing domestic fowl back to
the Planning Commission for further consideration. Staff introduced the remand to the
Planning Commission on July 12, 2016 and brought forward a more in-depth
discussion on August 16, 2016. The Planning Commission discussed several options
that were presented by City Staff and made a recommendation to allow the structures
and yard areas housing (or containing) domestic fowl only in the rear yard and no
closer than 10 feet to a rear or side property line.
The City Council reviewed the Planning Commission recommendation for the 10-foot
setback at their regular study session on August 22, 2016.
Reviewed by Council Committees:
Other: Planning, Legal, & Building
Councilmember: Staff:Snyder
Meeting Date:September 6, 2016 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 51 of 106
ORDINANCE NO. 6 6 0 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CREATING NEW
SECTIONS 18 04 115, 18.04.237, 18.04.238, 18.04.523,
AND 18.04 617, OF THE CITY CODE , AMENDING
SECTIONS 18.04 325, 18.04.622, 18.04.823 (FORMERLY
SECTION 18.04 495), 18.07 020, 18.07 030 AND
18.31.220 OF THE CITY CODE AND REPEALING
SECTION 18.31.230 OF THE AUBURN CITY CODE, AND
PROVIDING FOR THE AMORTIZATION OF SETBACK
REQUIREMENTS, RELATING TO ZONING AND LAND
USE CODE PROVISIONS FOR ANIMALS
WHEREAS, the current language of the Auburn City Code includes zoning
and land use code provisions that address various different animal and pet
regulations; and
WHEREAS, with respect to some of those provisions, additions to and
modifications of provisions would be valuable for the City to be better able to
address issues related to the zoning and land use issues in ways that
accommodate the interaction between the City's nuisance codes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. New Section to Citv Code. That a new Section 18.04 115 of
the Aubum City Code be, and the same hereby is created to read as follows:
18.04115 Apiary
Apiar' ("apiaries") means a place where honey bees (apis mellifera) are
kept; a collection of beehives. "Beekeeping" is included under this definition.
Section 2. New Section to Cifv Code. That a new Section 18.04.237 of
the Auburn City Code be, and the same hereby is created to read as follows:
Ordinance No. 6600 ^
August 17, 2016
Page 1 of 17
ORD.A Page 52 of 106
18.04.237 Chicken coop
Chicken coop" means a building for housing and weafher protection for
domestic fowl. The chicken coop is treated as an accessory structure.
Section 3. New Section to Citv Code. That a new Section 18.04.238 of
the Auburn City Code be, and the same hereby is created to read as follows:
18.04.238 Chicken run.
Chicken run" or "chicken pen" means an area enclosed by fencing or
netting which may or may not be conneoted to a coop within which domestic fowl
can move about freely within a limited portion of the property or site.
Section 4. New Section to Citv Code. That a new Section 18.04 523 of
the Auburn City Code be, and the same hereby is created to read as follows:
18.04.523 Large domestic animal.
Large domestic animal" means horses, ponies, donkeys, cows, standard
size goats, Ilamas, oxen, standard size pigs, and other similar sized animals.
Section 5. New Section to Citv Code. That a new Section 18.04.617 of
the Auburn City Code be, and the same hereby is created to read as follows:
18.04.617 Medium domestic animal.
Medium domestic animal" means potbelly pigs, miniature goats, miniature
horses, and other similar sized animals that are larger than a small domestic
animal and smaller than a large domestic animal.
Section 6. Amendment to Citv Code. That Section 18.04.325 of the
Aubum City Code be and the same hereby is amended to read as follows:
18.04.325 Domestic fowl and qoultrv
Domestic fowl and poultrv" includes all species of chickens, turkeys, geese,
aad-ducks. aiaeons or other fowl or poultrv of similar size and character. Roosters
and peafowl are not included in this definition and are not permitted. (Ord. 6369 §
5, 2011 )
Section 7. Amendment to Citv Code. That Section 18.04 622 of the
Auburn City Code be and the same heretiy is amended to read as follows:
Ordinance No. 6600
August 17, 2016
Page 2 of 17
ORD.A Page 53 of 106
18.04.622 Miniature goat.
Miniature goats" include species of goats commonly known as pygmy (Capra
hircus hircus pygmy), or Nigerian dwarf (Capra hircus hircus nigerian dwartj-aad
m o. (Ord. 6369 § 6, 2011 )
Section 8. Amendment to Citv Code. That Section 18.04.823 (formerly
18.04 495) of the Auburn City Code be and the same hereby is amended to read
as follows:
18.04.823 I sel el Small domestic animal.
I et se#el e Small domestic animal" means a domesticated animal of
ordinary species that lives, or is commonly known to be capable of living, within
the confines of a residence such as doqs cats, common rabbits, ferrets, or other
similar sized animals. Other indoor animals weiqhinq less than ten (10) pounds,
such as but not limited to caqed birds small rodents fish, and non-venomous
reptiles or amphibians and not kept for commercial purposes are not requiated
under this title. Anv endanqered or exotic species are prohibited. R+als
h h Ir! 4 I .+ f+ ! .+ nr 4 n r71.. i'm'4er #r 4hc fnlln ni nn• hnrccc_re enecnn
w r ..-••
1
r.
h _
r _ ..
r.' r1=nL c. F II c„`. ......e {_II c. _e _r 4c nr! onrl nncmrl
Ord. 6369 § 1 v2011 Ord. 6245 § 3r__'__'r i
2009; Ord. 5777 § 1, 2003; Ord. 4229 § 2, 1987 Formerly 18.04 720, and
18.04 495 )
Section 9. Amendment to Citv Code. That Section 18.07.020 of the
Auburn City Code be and the same hereby is amended to read as follows:
Table 16.07.020
Permitted Use Table—Residential Zoning Designations
P= Permitted A=Administrative C = Conditional Use X= Not Permitted
Land Uses ZonFng Designatlons
RC R-1 R-6 R-7 R-10 R-16 R-20
A. Residentiai Uses.
Accessory dwelling units P P P P X X X
Ordinance No. 6600
August 17, 2016
Page 3 of 17
ORD.A Page 54 of 106
Table 18.07.020
Permitted Use Table—Residential Zoning Designations
P= Permitted A=Administrative C = Conditional Use X= Not Permitted
Land Uses Zoning Deslgnatlons
RC R-1 R-5 R-7 R-10 R-16 R-20
Accessory use, residential P P P P P P P
Adult family home P P P P P P P
Bed and breakfast P P P P P P P
Communal residence four or less individuals P P P P P P P
Duplexes; provided, that minimum lot size of
zoning designation is met and subject to X X A P P P X
compliance with Chapter 18.25 ACC (Infill
Residential Development Standards)
Foster care homes P P P P P P P
Group residence facilities (7 or more X X X X C C C
residents)
Group residence facilities (6 or fewer P P P P P P P
resideMs)
Keeping qeusebeld-peSsof animals P P P P P P P
Multiple-family dweilings X X X X A P P
Neighborhood recreational buildings and
facilities owned and managed by the A° A° A° A° A° P P
neighborhood homeowners' association
Use as dwelling units of (1) recreational
vehicles that are not part of an approved X X X X X X X
recreational vehicle park, (2) boats, (3)
automobiles, and (4)other vehicles
Renting of rooms, for lodging puryoses only,
to accommodate not more than two persons in P P P P P P P
addition to the family or owner occupied unit°
Residential care facilities including but not
limited to assisted living facilities, P p X X A P P
convalescent homes, continuing care
retirement facilities
Single-family detached dwellings, new P P P P P P X
Ordinance No. 6600
August 17, 2016
Page 4 of 17
ORD.A Page 55 of 106
Table 18.07.020
Permitted Use Table—Residentiai Zoning Designations
P= Permitted A=Administrative C = Conditionat Use X= Not Permitted
Land Uses Zoning Designations
RC R-7 R-6 R•7 R-10 R-16 R-20
Supportive housing, subject to the provisions X X X X X P P
of ACC 18.31 160
Swimming pools, tennis courts and similar
outdoor recreation uses only accessory to P P P P P P P
residential or park uses
Townhouses(attached) X X X X P P P
B. Commercial Uses.
Commercial horse riding and bridle trails A X X X X X X
Commercial retail, included as part of mixed-
use deveiopment and not a home occupation X X X X A A A
in compliance with Chapter 18.60 ACC
Daycare, limited tb a mini daycare center
Daycare center, preschool or nursery school X A A A A A A
may also be pertnitted but must be loeated on
an arterial
Home-based daycare as regulated by RCW
35.83.185 and through receipt of approved P P P P P P P
city business license
Home occupations subject to compliance with P P P P P P P
Chapter 18.60 ACC
Mixed-use development3 X X X X P P P
Nursing homes X X X X C C C
Private country dubs and golf courses, ,X X C C C X X
excluding driving ranges
Privately owned and operated parks and
playgrounds and not homeowners' X A A A A P P
association-owned recreational area
Professional offces, included as part of
mixed-use development and not a home ,X X X X A A A
occupation in compliance with Chapter 18.60
ACC
Ordinance No. 6600
August 17, 2016
Page 5 of 17
ORD.A Page 56 of 106
Table 18.07.020
Permitted Use Table—Residential Zoning Designations
P= Permitted A=Administrative C =Conditional Use X= Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R•7 R-10 R-16 R-20
C. Resource Uses.
Agricultural enterprise:
When 50 percent, or more, of the total site
area is dedicated to active agricultural
production during the growing season, and A X X X X X X
with 52 or less special events per calendar
year
When less than 50 percent of the total site
erea is dedicated to adive agricultural C X X X X X X
production during the growing season, or with
more than 52 special events per calendar year
Agricultural type uses are permitted provided
tliey are incidental and secondary to the
single-family use:
Agricultural crops and open field growing P X X X X X X
commercial)
Bams, silos and related strudures P X X X X X X
Commercial greenhouses P X X X X X X
Pasturing and grazing+ P X X X X X X
Public and private stables P X X X X X X
Roadside stands, for the saie of agriculturai
products reised on the premises. The sfand
oannot exceed 300 square feetin area and P X X X X X X
must meet the applicable setback
requirements
Fish hatcheries C X X X X X X
D. Government, Institutional, and Utility Uses.
Civic, social and fratemal clubs X X X X A A A
Govemment facilities A A A A A A A
Hospitals (except animal hospitals) X X X X X C C
Ordinance No. 6600
August 17, 2016
Page 6 of 17
ORD.A Page 57 of 106
Table 18.07.020
Permitted Use Table—Residential Zoning Designations
P= Permitted A=Administrative C = Conditional Use X= Not Permitted
Land Uses Zoning Designatlons
RC R-1 R-6 R-7 R-10 R-16 R-ZO
Municipal parks and playgrounds A P P P P P P
Museums X X X X A A A
Religious institutioris, less than one acre lot A A A A A A A
size
Religious institutions, one acre or larger lot C C C C C C C
size
Transmitting towers C C C C C C C
Type 1-D wireless communication facility(see P P P P P P P
ACC 18.04.912(J))
Utility facilities and substations C Cs Cs C° C Cs C'
1 An accessory dwelling unit may be permitted with an existing single-family residence puYsuant
to ACC 18.31 120.
2. Please see the supplemental development standards for animals in ACC 18.31.220.
3. Individual uses that make up a mixed-use development must be permitted within the zone. If a
use making up part of a mixed-use development requires an administrative or conditional use
permit, the individual use must appiy for and receive the administrative or conditional use approval,
as applicable.
4. Proximity of pasture or livestock roaming area to wells, surtace waters, and aquifer recharge
zones is regulated by the King or Pierce County board of health, and property owners shall comply
with the provisions of the Ki+agEeu ty-board of health code.
5. Excludes all public and private utility facilities addressed under ACC 18.02.040(E).
6. Administrative use permit not required when approved as part of a subdivision or binding site
pian.
7 Agricultural enterprise uses are subject to supplemental development standards under ACC
18.31.210, Agricultural enterprises development standards.
8. An owner occupant that rents to more than two persons but no more than four persons is required
tb obfain a city of Aubum rental housing business Iicense and shail meet the standards of the
International Property Maintenance Code.
Ord. 6565 §2, 2015; Ord. 6560 § 9, 2015, Ord. 6477 § 8, 2013; Ord. 6369 §2, 2011, Ord. 6363
3, 2011, Ord. 6269§ 3, 2009; Ord. 6245 § 5, 2009.)
Ordinance No. 6600 ^
August 17, 2016
Page 7 of 17
ORD.A Page 58 of 106
Sectioa10. Amendment to Citv Code. That Section 18.07030 of the
Auburn City Code be and the same hereby is amended to read as follows:
Table 18.07.030
Residential Development Standards
Standard RC R-1 R-5 R-7 R-10 R-16 R-20
A Base density(units per
0.25 1 5 7 10 16 20
net acre)
B Minimum density(units
0.25 1 4 5 8 12 15
per net acre)
C Minimum average lot
area per dwelling unit 174,240 35,000 8,000 6,000 4,300 2,700 2,175
square feet)
D Minimum lot area per
dwelling unit(square 174,240 35,000 B4O00 4,300 2,000 2,000 2,000
feet)
E 20 for 20 for 20 for
interior interior interior
lots; 35 lots; 35 lots; 35
Minimum lot width (feet) 125 125 50 40
for for for
exterior e erior exterior
lots lots lots
F Minimum setbacks
feet)°
1 Residence front setback3 35 35 10 10 10 10 10
2 20 unless
alley-
Garage(minimum front
loaded
setback required from 20 20 20 20 20 20
then 15
street accessp
provided
there are
Ordinance No. 6600
August 17, 2016
Page 8 of 17
ORD.A Page 59 of 106
Table 18.07.030
Residential Development Standards
SWndard RC R-1 R-5 R-7 R-70 R•16 R-20
2D feet
from any
garage
3 Setback to any property
line for bams, stables,
Isaeps,-or similar
structures for enclosure
of larpe domestic
animals. 75 X X X X X X
For other animals, see
the supplemental
develooment standards
for animals in ACC
18 31220.
4 Setback to any property
line for any corral,
exercise yard, or arena
for larqe domestic
animals.
35 X X X X X X
For other animals, see
the supplemental
develooment standards
for animals in ACC
18.31 220.
5 Interior side setback 20 10 5 5 5 5 5
6 Street side setback° 35 20 10 10 10 10 10
7 Rearsetback= 35 35 20 20 20 20 20
8 Rearsetback,detached
5 15 10 5 5 5 5
structure
Ordinance No. 6600
August 17, 2016
Fage 9 of 17
ORD.A Page 60 of 106
Table 18.07,030
Residential Development Standards
SWndard RC R-1 R R-7 R-70 R-16 R-20
In ali zones, 20 ft for
strudure with vehicular
entrance oriented toward
street or public alleN
G Maximum lot coverage
25 35 40 50 60 70 70
H Maximum impervious
25 50 65 75 N/A N/A N/A
area(%)
I Maximum building height 35 35 35 35 45 45 50
feet)
J Maximum height of
accessory buildings and 35 35 16 16 16 NA NA
structures
K Minimum front setback
area landscape strip N/A N/A 5 5 10 10 10
feet)
L Minimum side setback
area landscape strip N/A N!A 5 5 10 10 10
feet)
M Minimum landscaped
N/A N/A N/A N/A 20 20 20
open space (%)
1 For purposes of calculating minimum density, critical area buffers are not included in net site
area. See ACC 18.02.065 for calculation of net acreage for minimum density
2. All minimum lot widths, setbacks, and landscaping strips are subject to demonstration to the
satisfaction of the city engineer that all required utility infrastruotu e, access requirements, and
street elements can be accommodated in accordance with the iiesign and construction standards.
3. In addition to meeting setback requirements, all structures must meet sight distance
requirements in accordance with city design and construction standards.
4 Barns and other specialized structures used for agricuiturai purposes may exceed the height
limits.
Ordinance No. 6600
August 17, 2016
Page 10 of 17
ORD.A Page 61 of 106
Ord. 6245 § 5, 2009.)
Section 11. Amendment to Citv Code. That Section 18.31.220 of the
Aubum City Code be and the same hereby is amended to read as follows:
18 31.220 Permitted animals.'
The tvpes and allowed number.of.animals permitted are listed as follows,
provided fhe followinq requirements are met The specified minimum lot size per
animal are absolute reQuirements. No variances, waivers and/or modifications
under the Auburn Citv Code shail be qranted. The keepinq of animals that require
no lot size or lesser lot size are allowed to be cumulative when lot size
reauirements have been met. -For example, on a 12,500 sauare-foot lot, the
keepinq of one (1) miniature aoat one (1) potbellv piq and two (21 doqs could be
allowed Licensinq of pets and animal control is qoverned bv ACC Title 6. Animals.
A. Small ,;,i-domestic eavlanimals. Small seaaestis-domesfic
ewl-animals may be kept ass al aai+nals-if the owner complies with the following:
1 Small domestic animals are permitted as an accessorv use to a
residence or business.
2 Up to four (4) small domestic animals includinq foster animals per
dwellinq or commercial buiidinq reqardless of lot size Offsprinq less than six (6)
months of aqe are not included in this.number.
3 A pet license is req ired for each cat or doq in accordance with
chaptec 6.04 Animal Licensinq.
B Domestic fowi. Domestic fowl mav be kept if the owner complies with
the followinq:
1 Domestic fowl and poultry are permitted as an accessorV use to a
sinqle,familv residence.
2. Roosters and peafowl are not permitted.
3. Structures or vard areas includinq chicken coops pens or runs,
housing or containinq domestic fowl
are onlv
allowed in the rear vard tthe area between the rear vard lot line and the extension
of the rear facade of the principal structure) and shall be setback from the rear and
side vard lot lines bv a distance of.at.least 10 feet.
4 Up to a total of four 4 domestic fowl and poultrv can be kept on lots
that are at least 6,000 grass-square feet in size. On lots that are larger than 6,000
gres square feet, one additional sr a 4-le domestic fowl.or poultrv aaiaaa may be
kept per additional 2,000 gress-square feet The
maximum number of domestic fowl allowed per lot is ten (10); this maximum does
Code reviser's note: Ordinance 6369 adds these provisions as Section 18.31.210. The section
has been renumbered to avoid duplication of numbering.
Ordinanbe No 6600
August 17, 2016
Page 11 of 17
ORD.A Page 62 of 106
not applv to properties zoned RC Residential Conservancv or R-1 residential one
dwellinq unit per acre.
45 D1 The keeqinq conforms to ACC 8.28.010 regarding
noise disturbance, ACC 8.12.020 regarding nuisances affectinq public health and
safetv, and ACC 6.24.020 regarding slaughtering.
C Miniature Goats. Miniature goats are medium domestic animals and
may be kept if the owner complies
with the followinq:
1 Miniature qoats are permitted as accessorv use to a sinqle-familv
residence.
2.Male miniature goats must be neutered.
3 All miniature goats must be dehorned.
4 Nursing offspring of miniature goats
r-evtsfeas-e-k is-se may be kept until weaned, but no longer than 12 weeks
from birth without meetinq the requirements contained herein.
45. #eFte The location of structures housinp miniature qoats must
comply with accessory structure setbacks applicable in the zoning district where
th,. sn eT propertv is Yg-be-located.
eatfe
6. Up to two 2 miniature goats are allowed on lots that are at least
12,500 grss square feet in size. On lots that are greater than 12,500 esssquare
feet, one additional medium size domestic animal may be kept per additional
7,600 gfess-square feet
7 z„s The keepinq conforms to ACC 8.28.010 regarding
noise disturbance, ACC 8 12.020 regarding nuisances affectinp qublic health and
safetv, and ACC 6.24 020 regarding slaughtering.
SD Potbelly Pigs. Miniature potbelly pigs are medium domestic animals
and may be kept
t e-si4}in the owner complies with.the followinq-,
1 Potbelly plqS are qermitted as accessorV use to a sinqle-familv
residence.
2 Potbellv piqs are no qreater than 24 inches in heipht at the shoulder
and no more than 150 qounds.
3.Nursing offspring of potbelly pigs '
may be kept until weaned, but no longer than 12 weeks
from birth without meetinq the requirements contained herein.
4 Me1teFThe location of structures housinq potbellv aiqs must comply
with accessory structure setbacks applicable in the zoning district where the
sMelteF propertv is te-b located.
Ordinance No. 6600
August 17, 2016
Page 12 of 17
ORD.A Page 63 of 106
eatr-e
45. Two potbelly pigs can be kept• on lots that are at least 12,500
gress-square feet in size. On lots that are greater than 12,500 res square feet,
one additional medium size domestic animal may be kept per additional 7,500
g ess-square feet
6. 'as T,=^„The keepinq conforms to ACC 8.28.010 regarding
noise disturbance, ACC 8.12.020 regarding nuisances affectinq public health and
safety, and ACC 6.24 020 regarding slaughtering.
E Larqe domestic animals. arqe domestic animals may be kept if the
owner complies with the followinq:
1 Larqe domestic animals are allowed as an accessorV use to a sinqie-
family residence.
2 Two (2) larqe domestic animals can be kept on lots that are at least
one (1) acre in size.
3 On lots that are larqer than one (1) acre one (1) additional larqe
domestic animal mav be kept per additional 21 780 square feet.
4 The Iocation and structures housinq larqe domestic animals and any
corrai exercise Vard or arena must compiv with the setbacks applicable in the
zoninq district where the property is located.
5 The keepinq conforms to ACC 8 28.010 regardinq noise disturbance
ACC 8 12 020 reqardinq nuisances affectinq public health and safetv and ACC
6.24.020 reqardinq slauqhterinq.
F Apiaries lkeepinq af honev bees fapis melliferal) also referred to as
beekeepinq mav be permitted if the owner complies with the followinq.
1 Beekeepina is allowed as an accessory use to a sinqle-famiiy
residence.
2 All hives are reqistered with the State Department of.Aqriculture.
3 No more than two (2) hives each with onlv one (1) swarm, shall be
kept on lots of less than ten thousand.(10,000) square feet.
4 Hives shall not be located within twentv-five (25) feet of anv propertv
line with the hive(s) entrance(sl facinq awav from the nearest propertv line.
5 The keepinq conforms to ACC 8 28 010 reqardinp noise disturbance
and ACC 8 12 020 reqardinq nuisances.affectinq public health and safetv.
G Amortization of are-existinq, nonconforminq. structures housinq
animals and runs or pens. An individual who receives written notice from the ciN
that a structure (coop) or vard area.(runs or pens) housinq animals requlated bv
this section except small domestic animals that does not complv with setback
requirements shall have thirtv (30) daVs from the date of notification to brinq the
propertv/structure into comqliance. If anv individual believes that his or her
cirbumstances pose particular difficultv in meetinq the 30-dav timeframe for
compliance with the setback requiremenfs. of this section, the individual mav
request in writina of the communitv development & public works director (plannina
Ordinance No. 6600
August 17, 2016
Page 13 of 17
ORD.A Page 64 of 106
director) or desiqnee additional time to brina his or her activitv into conformitv.
Decisions of the communitv development 8 public works director (planninq
director) or desianee to arant or denv the extension shall be final and conclusive
Ord. 6369 § 8, 2011 )
Section 12. Reaeal of Section in Citv Code. That Section 18.31.230 of
the Auburn City Code be and the same hereby is repealed.
Section 13. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 14. Severabilitv. The prbvisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder
of this ordinance, or the validity of its application to other persons or circumstances.
Section 15. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as provided
by law
INTRODUCED•
PASSED•
APPROVED
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST
Ordinance No. 6600
August 17, 2016
Page 14 of 17
ORD.A Page 65 of 106
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Danie B. Heid, Ci y ttorney
Published.
Ordinance No. 6600
August 17, 2016
Page 15 of 17
ORD.A Page 66 of 106
SECTION BEING DELETED
18.31.230 Table of allowed districts.'
The allowable numbers of animals permitted outright, provided the minimum lot size is
met, are detailed in the following table. The specified minimum lot sizes are absolute
requiremenfs. No variances, waivers, and/or modifications under the Auburn City Code
may be granted. The keeping of animals that require lesser lot size is allowed to be
cumulative, when lot size requirements have been met. Licensing of pets and animal
control is governed by ACC Title 6, Animals, which incorporates the provisions of King
Count Code Title 11, Animal Care and Control.
RC R-1 R-5 R-7 R-10 R-16 R-20 RO C-1 C-2 C-3
Goats Y Y Y Y C' C* C*N N N Y
Pi s Y Y Y Y C' C* C'N N N Y
Chickens Y Y Y Y C* C' C"N N N Y
Y =Yes
N = No
C = Conditional
Permitted as an outright use if more than 50 percent of the property is not covered with impervious
surface. If the property is more than 50 percent covered with impervious surtace then the applicant
must apply for an ad'ministrative use permit pursuant to Chapter 18.64 ACC. These applications
wili not be processed as conditional use permits.
Type of Animal Maximum Number of Animais
Permitted Outri ht
Household pets: dogs, cats, rabbits, caged 4" per dwelling or commercial building
indoor birds, small rodents, and if weighing regardless of lot size. A pet license is
less than 10 pounds any nonvenomous required for each cat or dog.
re tiles and am hibians.
Domestic fowl. 4 on lots that are at least 6,000 gross sq.
ft. in size. On lots that are largerthan 6,000
gross sq.ft., 1 additional small lot domestic
animal may be kept per additional 2,000
ross s . ft.
Medium size animals: potbelly pigs, and 2 on lots that are at least 12,500 gross sq.
miniature goats that are smaller than 24 ft. in size. On lots that are greater than
inches at the shoulder and/or not more 12,500 gross sq. ft., 1 additional medium
than 150 pounds in weight.lot domestic animal may be kept per
additional 7,500 ross s . ft.
Large size animals: horses, ponies, 2 on lots that are at least 1 gross acre in
donkeys, cows, standard size goats, size. On lots that are larger than 1 gross
Ilamas, oxen, standard size pigs.acre, 1 additional large lot domestic animal
ma be ke t er additional 21,780 s . ft.
Includes foster animals.
Ord. 6369 § 9, 2011 )
Oriiinance No. 6600
August 17, 2016
Page 16 of 17
ORD.A Page 67 of 106
1 Code reviser's note: Ordinance 6369 adds these provisions as Section 18.31.211 The section
has been renumbered to match the renumbering of the pr8ceding section.
Ordinance No. 6600
August 17, 2016
Page 17 of 17
ORD.A Page 68 of 106
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6614
Date:
August 29, 2016
Department:
CD & PW
Attachments:
Ordinance No. 6614
Exhibit A
Exhibit B
Staff Report
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Ordinance No. 6614.
Background Summary:
The City of Auburn has determined that rights-of-way in the vicinity of 50 foot right-of-
way and the 14 foot alley south of East Main Street and east of A Street SE are no
longer required to meet the needs of the City. The 50 foot ROW was dedicated to the
City for street purposes by Warranty Deed on March 17, 1920. The 14 foot Alley was
dedicated to the City for street purposes by Warranty Deed on September 24,
1920.City staff and utility providers who have an interest in this right-of-way have
reviewed the proposed right-of-way vacation. Through this review City staff has
determined that the right-of-way is no longer necessary to meet the needs of the City
and could be vacated.
A staff presentation was given at the August 22nd Study Session discussing Draft
Ordinance No. 6614. A Public Hearing to consider the proposed vacation and hear
public comment was held before the City Council in accordance with Auburn City
Code Chapter 12.48.080.
Ordinance No. 6614 if adopted by City Council, approves Vacation No. V2-16 and
vacates the right-of-way subject to conditions outlined in the Ordinance.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:September 6, 2016 Item Number:ORD.B
AUBURN * MORE THAN YOU IMAGINEDORD.B Page 69 of 106
AUBURN * MORE THAN YOU IMAGINEDORD.B Page 70 of 106
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Ordinance No. 6614
July 6, 2016
1 of 8
ORDINANCE NO. 6614
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, APPROVING THE
VACATION OF RIGHT-OF-WAY IN THE VICINITY OF THE
50 FOOT RIGHT-OF-WAY AND THE 14 FOOT ALLEY
SOUTH OF EAST MAIN STREET AND EAST OF A
STREET SE
WHEREAS, the City of Auburn, Washington, has determined through an
evaluation of its needs for streets and right-of-ways located in the vicinity of the 50 foot
right-of-way and the 14 foot alley, south of East Main Street and east of A Street SE,
dedicated to the City through Warranty Deed under Recording Number 1400591 on
February 17, 1920 and Recording Number 1454217 on September 24, 1920, may no
longer be needed to meet the needs of the City and that a public hearing should be set
to determine if said right-of-way should be vacated; and,
WHEREAS, a request for vacation of said right-of-way was circulated to Puget
Sound Energy, CenturyLink, Comcast and City Departments and comments were
received; and
WHEREAS, Resolution No. 5243 calling for a public hearing was approved
August 1, 2016; and
WHEREAS, posting requirements of Auburn City Code 12.48.070 have been
met; and
WHEREAS, a public hearing was held before the City Council on September 6,
2016; and
ORD.B Page 71 of 106
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Ordinance No. 6614
July 6, 2016
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WHEREAS, through this process, the City has determined that it no longer
needs right-of-way in the vicinity of the 50 foot right-of-way and the 14 foot alley, south of
East Main Street and east of A Street SE, in the City of Auburn, Washington; and
WHEREAS, it is in the best interests of the City to vacate said portion of
said right-of-way.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Vacation. That right-of-way in the vicinity of the 50 foot right-of-
way and the 14 foot alley, south of East Main Street and east of A Street SE, located
within the City of Auburn, Washington, legally described as follows:
50 FOOT RIGHT OF WAY DEDICATED UNDER
RECORDING NUMBER 1400591
THAT PORTION OF LOTS 5, 6, 9 AND 10 OF RIVER VIEW
ADDITION ACCORDING TO PLAT RECORDED IN VOLUME
9 OF PLATS AT PAGE 90, RECORDS OF KING COUNTY,
WASHINGTON, SAID PORTION MORE FULLY DECRIBED
AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY SOUTHWEST
CORNER OF PARCEL “A” OF BOUNDARY LINE
ADJUSTMENT BLA13-0007 RECORDED UNDER
RECORDING NUMBER 20131108900002, RECORDS OF
SAID COUNTY;
THENCE NORTH 88˚47’53” EAST ALONG THE
SOUTHERLY LINE OF SAID PARCEL “A” A DISTANCE OF
116.00 FEET TO AN ANGLE POINT IN THE SOUTH
BOUNDARY OF SAID PARCEL “A”;
THENCE SOUTH 01˚02’42” WEST A DISTANCE OF 27.15
FEET TO THE SOUTH LINE OF SAID LOT 10 OF RIVER
ORD.B Page 72 of 106
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Ordinance No. 6614
July 6, 2016
3 of 8
VIEW ADDITION;
THENCE NORTH 88˚47’53” EAST ALONG THE SOUTH
LINE OF SAID LOT 10 AND THE SOUTHERLY LINE OF
PARCEL “A” 113.85 FEET TO THE SOUTHWEST CORNER
OF THE 50 FOOT WIDE RIGHT OF WAY DEEDED TO THE
CITY OF AUBURN UNDER RECORDING NUMBER
1400591, RECORDS OF SAID COUNTY, AND THE POINT
OF BEGINNING;
THENCE NORTH 01˚02’42” EAST ALONG THE WEST LINE
OF SAID 50 FOOT WIDE RIGHT OF WAY A DISTANCE OF
102.47 FEET TO THE SOUTH LINE OF THE 16 FOOT
WIDE ALLEY RECORDED UNDER RECORDING
NUMBERS 1039136 AND 1018859, RECORDS OF SAID
COUNTY;
THENCE NORTH 87˚31’17” EAST ALONG SAID ALLEY A
DISTANCE OF 50.09 FEET TO THE NORTHEAST CORNER
OF SAID 50 FOOT WIDE RIGHT OF WAY;
THENCE SOUTH 01˚02’42” WEST ALONG THE EAST LINE
OF SAID 50 FOOT WIDE RIGHT OF WAY A DISTANCE OF
102.47 FEET TO SAID SOUTH LINE OF SAID LOT 10;
THENCE SOUTH 88˚47’53” WEST ALONG THE SOUTH
LINE OF SAID LOT 10 A DISTANCE OF 50.04 FEET TO
THE POINT OF BEGINNING.
CONTAINS 5,151 SQUARE FEET (0.127 ACRES), MORE
OR LESS.
THE BASIS OF BEARING FOR THIS DESCRIPTION IS
CITY OF AUBURN BOUNDARY LINE ADJUSTMENT BLA
13-0007 RECORDED UNDER RECORDING NUMBER
20131108900002.
14 FOOT WIDE ALLEY DEDICATED UNDER RECORDING
NUMBER 1454217
THAT PORTION OF LOTS 8 AND 10 OF RIVER VIEW
ADDITION ACCORDING TO PLAT RECORDED IN VOLUME
ORD.B Page 73 of 106
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Ordinance No. 6614
July 6, 2016
4 of 8
9 OF PLATS AT PAGE 90, RECORDS OF KING COUNTY,
WASHINGTON, SAID PORTION MORE FULLY DECRIBED
AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY SOUTHWEST
CORNER OF PARCEL “A” OF BOUNDARY LINE
ADJUSTMENT BLA13-0007 RECORDED UNDER
RECORDING NUMBER 20131108900002, RECORDS OF
SAID COUNTY;
THENCE NORTH 88˚47’53” EAST ALONG THE
SOUTHERLY LINE OF SAID PARCEL “A” A DISTANCE OF
116.00 FEET TO AN ANGLE POINT IN THE SOUTH
BOUNDARY OF SAID PARCEL “A”;
THENCE SOUTH 01˚02’42” WEST A DISTANCE OF 27.15
FEET TO THE SOUTH LINE OF SAID LOT 10 OF RIVER
VIEW ADDITION;
THENCE NORTH 88˚47’53” EAST ALONG THE SOUTH
LINE OF SAID LOT 10 AND THE SOUTHERLY LINE OF
PARCEL “A” 263.89 FEET TO THE SOUTHWEST CORNER
OF THE 14 FOOT WIDE ALLEY DEEDED TO THE CITY OF
AUBURN UNDER RECORDING NUMBER 1454217,
RECORDS OF SAID COUNTY, AND THE POINT OF
BEGINNING;
THENCE NORTH 01˚02’42” EAST ALONG THE WEST LINE
OF SAID 14 FOOT WIDE ALLEY A DISTANCE OF 105.82
FEET TO THE SOUTH LINE OF THE 16 FOOT WIDE
ALLEY RECORDED UNDER RECORDING NUMBERS
1039136 AND 1018859, RECORDS OF SAID COUNTY;
THENCE NORTH 87˚31’17” EAST ALONG THE SOUTH
LINE OF SAID 16 FOOT ALLEY A DISTANCE OF 14.03
FEET TO THE NORTHEAST CORNER OF SAID 14 FOOT
WIDE ALLEY;
THENCE SOUTH 01˚02’42” WEST ALONG THE EAST LINE
OF SAID 14 FOOT WIDE ALLEY A DISTANCE OF 106.13
FEET TO SAID SOUTH LINE OF SAID LOT 10;
ORD.B Page 74 of 106
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Ordinance No. 6614
July 6, 2016
5 of 8
THENCE SOUTH 88˚47’53” WEST ALONG THE SOUTH
LINE OF SAID LOT 10 A DISTANCE OF 14.01 FEET TO
THE POINT OF BEGINNING.
CONTAINS 1,484 SQUARE FEET (0.0.34 ACRES), MORE
OR LESS.
THE BASIS OF BEARING FOR THIS DESCRIPTION IS
CITY OF AUBURN BOUNDARY LINE ADJUSTMENT BLA
13-0007 RECORDED UNDER RECORDING NUMBER
20131108900002.
[Also identified as Exhibit A hereto.]
and as shown on the document attached hereto, marked as Exhibit “B” and
incorporated herein by this reference, the same is hereby vacated and the property
lying in said portion of the alleyway described hereinabove, shall be returned and
belong to those persons entitled to receive the property in accordance with RCW
35.79.040, conditioned upon the following;
A. Reservation in favor of the City of a perpetual Nonexclusive Easement
under, over, through and across the 50 foot portion of vacated right-of-way as described
above for the purpose of laying, maintaining, and installing future and existing water
facilities and including a reservation in favor of the City of the right to grant easements
for utilities over, under and on all portions of the vacated right-of-way as described
above.
The City shall have the absolute right, at times as may be necessary for
immediate entry upon said Easement Area for the purpose of maintenance, inspection,
construction, repair or reconstruction of the above improvements without incurring any
ORD.B Page 75 of 106
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Ordinance No. 6614
July 6, 2016
6 of 8
legal obligation or liability therefore.
The City shall have the absolute right to place any type of driving surface within
said Easement Area deemed necessary by the City.
The owners of the adjacent property agree and shall not in any way block,
restrict or impede access and egress to or from said Easement Area, and /or in any way
block, restrict or impede full use of the real property within the Easement Area by the
City for the above described purposes. No building, wall, rockery, fence, trees, or
structure of any kind shall be erected or planted, nor shall any fill material be placed
within the boundaries of said Easement Area, without the express written consent of the
City. No excavation shall be made within three feet of said facilities and the surface
level of the ground within the Easement Area shall be maintained at the elevation as
currently existing.
This easement shall be a covenant running with the adjacent property parcels
and burden said real estate, and shall be binding on the successors, heirs and assigns
of all parties hereto.
B. Under the terms of the reservation set out in Paragraph A above, the City
hereby grants a private utility easement to Puget Sound Energy over, under and upon
the vacated right-of-way as described above for the construction, operation,
maintenance, repair, replacement, improvement, removal and enlargement of electric
distribution facilities. The owners of the adjacent property agree not to erect any
structures on said easement and further agree not to place trees or other obstructions
ORD.B Page 76 of 106
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Ordinance No. 6614
July 6, 2016
7 of 8
on the easement that would interfere with the exercise of Grantee’s rights herein.
C. Under the terms of the reservation set out in Paragraph A above, the City
hereby grants a private utility easement to CenturyLInk over, under and upon the 14
foot Alley portion of vacated right-of-way as described above for the construction,
operation, maintenance, repair, replacement, improvement, removal and enlargement
of electric distribution facilities. The owners of the adjacent property agree not to erect
any structures on said easement and further agree not to place trees or other
obstructions on the easement that would interfere with the exercise of Grantee’s rights
herein.
D. It is provided, however, that such reserved or granted utility and access
easements as set out in Paragraphs A, B and C above, may be modified to
accommodate a removal, relocation and sitting of the affected utility lines if the City and
the property owners on whose property the utility lines are located agree to the removal,
relocations and sitting being paid by said property owners and with the removal,
relocation and sitting being done in conformity with applicable standards.
Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or
its application to any person or circumstances is held invalid, the remainder of the
Ordinance or the application of the provisions to other persons or circumstances shall
not be affected.
Section 3. Implementation. The mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directives of this
ORD.B Page 77 of 106
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Ordinance No. 6614
July 6, 2016
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location.
Section 4. Effective Date. This Ordinance shall take effect and be in
force five (5) days from and after passage, approval, and publication as provided by
law.
Section 5. Recordation. The City Clerk is directed to record this
Ordinance with the office of the King County Auditor.
INTRODUCED: _________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
__________________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid,
City Attorney
PUBLISHED: _______________
ORD.B Page 78 of 106
ORD.B Page 79 of 106
ORD.B Page 80 of 106
ORD.B Page 81 of 106
1 of 2
8/29/2016
V2-16 Staff Report
RIGHT-OF-WAY VACATION
STAFF REPORT
Right-of-Way (ROW) Vacation Number V2-16
Applicant: City Initiated
Property Location: Rights-of-Way located in the vicinity of the 50 foot Right-of-Way and the 14 foot
Alley south of East Main Street and east of A Street SE.
Description of right-of-way:
This ROW proposed for vacation consists of a 50 foot portion of right-of-way and a 14 foot alley in the vicinity of
the City owned parking lot, to the south of East Main Street between A Street SE and Auburn Way South. The
ROW is adjacent to Parcel No. 7331400135 on the east and west sides which is owned by the City for public
parking purposes, Parcel No. 7331400237 on the south side and ROW on the north side . The total area of ROW
proposed for vacation is 6,635 (+/-) square feet.
The 50 foot ROW was dedicated to the City for street purposes by Warranty Deed under Recording Number
1400591, Volume 1101, Page 8 of Deeds, records of King County on March 17, 1920. The 14 foot Alley was
dedicated to the City for street purposes by Warranty Deed under Recording Number 1454217, Volume 1119,
Page 514 of Deeds, records of King County on September 24, 1920. The ROW is currently being used as a
public parking lot and drive aisle for the parking lot.
See Exhibits “A” and “B” for legal description and map.
Proposal:
The City proposes to vacate the above described rights-of-way to cleanup the parcel lines of the City owned
parcel used for public parking that is adjacent to the rights-of-way.
Applicable Policies & Regulations:
· RCW’s applicable to this situation - meets requirements of RCW 35.79.
· MUTCD standards - not affected by this proposal.
· City Code or Ordinances - meets requirements of ACC 12.48.
· Comprehensive Plan Policy - not affected.
· City Zoning Code - not affected.
Public Benefit:
· The street vacation decreases the right-of-way maintenance obligation of the City.
· The vacation allows the City to cleanup the parcel lines for the City owned parking lot and would create
one large parcel.
Discussion:
The vacation application was circulated to Puget Sound Energy (PSE), Comcast, CenturyLink, and City staff.
1. Puget Sound Energy (PSE) – PSE received the City’s request for comments regarding the proposed
street right-of-way vacation. There does appear to be existing PSE electric facilities located within both
portions of the proposed right-of-way vacation area. Please reserve easements for PSE in the vacation
ordinance.
2. Comcast – Comcast has no objection to the proposed vacation.
3. CenturyLink – CenturyLink currently has underground communications facilities in the “Alley” section of
the right-of-way and would like to retain an easement over that portion.
ORD.B Page 82 of 106
2 of 2
8/29/2016
V2-16 Staff Report
4. Water – The City will need an easement for the water main, hydrant, valves and meter that are in the “50
foot right-of-way” to be vacated. An easement is not required for the “Alley” portion of the right-of-way.
5. Sewer – No comments.
6. Storm –No comments.
7. Transportation – No comments.
8. Planning – No comments.
9. Fire – No comments.
10. Police – No comments.
11. Streets – No comments.
12. Construction –No comments.
13. Innovation and Technology – No comments.
Assessed Value:
ACC 12.48 states “The city council may require as a condition of the ordinance that the city be compensated for
the vacated right-of-way in an amount which does not exceed one-half the value of the right-of-way so vacated,
except in the event the subject property or portions thereof were acquired at public expense or have been part of
a dedicated public right-of-way for 25 years or more, compensation may be required in an amount equal to the full
value of the right-of-way being vacated. The city engineer shall estimate the value of the right-of-way to be
vacated based on the assessed values of comparable properties in the vicinity. If the value of the right-of-way is
determined by the city engineer to be greater than $2,000, the applicant will be required to provide the city with an
appraisal by an MAI appraiser approved by the city engineer, at the expense of the applicant. The city reserves
the right to have a second appraisal performed at the city’s expense.” Note: The city engineer has not required
an appraisal for the value of this right-of-way since the right-of-way vacation is being initiated by the City and if
approved, will attach to City owned parcels.
Recommendation:
Staff recommends that the street vacation be granted subject to the following conditions:
1. A public utility easement shall be reserved for City of Auburn water facilities along the entire length and
width of the vacated ROW described as the “50 foot right-of-way” in the attached Survey and Legal
Description.
2. A public utility easement shall be reserved for Puget Sound Energy electrical facilities along the entire
length and width of the vacated ROW described as the “50 foot right-of-way” and the “14 foot alley” in the
attached Survey and Legal Description.
3. A public utility easement shall be reserved for CenturyLink communications facilities along the entire
length and width of the vacated ROW described as the “14 foot alley” in the attached Survey and Legal
Description.
ORD.B Page 83 of 106
City Initiated Right-of-Way Vacation #V2-16
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
7/25/2016
ORD.B Page 84 of 106
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6616
Date:
August 30, 2016
Department:
CD & PW
Attachments:
Ordinance No. 6616
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Ordinance No. 6616.
Background Summary:
Auburn has existing Complete Street Objectives and Policies adopted as part of the
Comprehensive Transportation Plan. Those objectives and policies have been put into
practice through the design standards development and capital project planning.
Standards and practices are reviewed and updated regularly to ensure consistency
with the latest industry practices for meeting Complete Streets objectives.
The purpose of creating this new code section is to meet the eligibility requirements of
the Washington State Legislatures Complete Streets Grant Program under RCW
47.04.320.
City Council reviewed the proposed Complete Streets Ordinance at the Council Study
Session on August 22nd.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:September 6, 2016 Item Number:ORD.C
AUBURN * MORE THAN YOU IMAGINEDORD.C Page 85 of 106
----------------------------
Ordinance No. 6616
August 11, 2016
Page 1
ORDINANCE NO. 6616
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CREATING A NEW
CHAPTER 12.06 OF THE AUBURN CITY CODE
ENACTING A COMPLETE STREETS POLICY
WHEREAS, the goal of the Transportation element of the Auburn Comprehensive
Plan is to plan, expand, and improve the transportation system in cooperation and
coordination with adjacent and regional jurisdictions to ensure concurrency compliance
with the growth management act, and to provide a safe and efficient multimodal system
that meets the community needs and facilitates the land use plan; and
WHEREAS, the Auburn Comprehensive Transportation Plan’s Complete Streets
Objective states that Auburn ensures the transportation system is designed to enable
comprehensive, integrated, and safe access for users of all ages and abilities including
pedestrians, bicyclists, motorists, transit riders and operators, and truck operators; and
WHEREAS, promoting pedestrian, bicycle, and transit travel as an alternative to
the automobile reduces negative environmental impacts, promotes healthy living, and is
less costly to the commuter; and
WHEREAS, the development of Complete Streets can improve pedestrian and
cyclists safety, increase capacity of the transportation network, and promote
improvements in public health; and
WHEREAS, the Washington State Legislature adopted a Complete Streets Grant
Program in 2011, codified in Section 47.04.320 of the Revised Code of Washington; and
WHEREAS, funding from the Washington State Legislature’s Complete Street
Grant Program will only be available to jurisdictions that have adopted a Complete
Streets Ordinance; and
WHEREAS, the City of Auburn has determined that it is in the best interest of the
public to adopt a Complete Streets Ordinance to obtain grant funding for the improvement
of Auburn streets.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
ORD.C Page 86 of 106
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Ordinance No. 6616
August 11, 2016
Page 2
Section 1. Creating New Chapter to City Code. That a new chapter 12.06 of
the Auburn City Code is hereby created to read as follows:
Chapter 12.06
COMPLETE STREETS POLICY
Sections:
12.06.010 Purpose.
12.06.020 Exceptions.
12.06.030 Complete streets infrastructure.
12.06.040 Goals to foster partnerships.
12.06.050 Best practice criteria.
12.06.010 Purpose.
The city of Auburn shall, to the maximum extent practical, scope, plan, design, construct,
operate and maintain appropriate facilities for the safe accommodation of pedestrians,
bicyclists, transit users, motorists, emergency responders, freight and users of all ages
and abilities in all new construction, retrofit or reconstruction projects. Through ongoing
operations and maintenance, the city of Auburn shall identify cost-effective opportunities
to include complete streets practices.
12.06.020 Exceptions.
Facilities for pedestrians, bicyclists, transit users and/or people of all abilities are not
required to be provided when:
A. A documented absence of current or future need exists;
B. Non-motorized uses are prohibited by law;
C. Routine maintenance of the transportation network is performed that does not
change the roadway geometry or operations, such as mowing, sweeping and spot repair;
D. The cost would be disproportionate to the current need or probable future uses;
E. In instances where a documented exception is granted by the City Engineer.
12.06.030 Complete streets infrastructure.
A. “Complete streets infrastructure” means design features that contribute to a safe,
convenient, or comfortable travel experience for users at appropriate locations,
including but not limited to features such as: sidewalks; shared use paths; bicycle
lanes; automobile lanes; paved shoulders; street trees and landscaping; planting
strips; curbs; accessible curb ramps; bulb outs; controlled crosswalks; refuge
islands; pedestrian and traffic signals, including countdown and accessible
signals; signage; street furniture; bicycle parking facilities; public transit stops and
facilities; transit priority signalization; traffic calming devices such as rotary circles,
traffic cushions, and surface treatments such as textured asphalt, and concrete;
narrow vehicle lanes; raised medians; and dedicated transit lanes.
ORD.C Page 87 of 106
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Ordinance No. 6616
August 11, 2016
Page 3
B. As feasible, Auburn shall incorporate complete streets infrastructure into existing
public and private streets to create a comprehensive, integrated, connected
transportation network for Auburn that balances access, mobility, health and
safety needs of pedestrians, bicyclists, transit users, motorists, emergency
responders, freight and users of all ages and abilities, ensuring a fully connected,
integrated network that provides transportation options.
12.06.040 Goals to foster partnerships.
It is a goal of the city of Auburn to foster partnerships with all Washington State
transportation funding agencies including the Washington State Department of
Transportation (WSDOT), the Transportation Improvement Board, the Puget Sound
Regional Council, the Federal Highway Administration, King County, Pierce County,
neighboring local agencies, Auburn School District, citizens, businesses, interest groups,
neighborhoods, and any other funding agency to implement the complete streets policy.
12.06.050 Best practice criteria.
The City Engineer shall modify, develop and adopt policies, design criteria, standards and
guidelines based upon recognized best practices in street design, construction, and
operations including but not limited to the latest editions of American Association of State
Highway Transportation Officials (AASHTO), Institute of Transportation Engineers (ITE),
National Association of City Transportation Officials (NACTO), and Public Rights-of-Way
Accessibility Guidelines (PROWAG) while reflecting the context and character of the
surrounding built and natural environments and enhance the appearance of such.
ORD.C Page 88 of 106
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Ordinance No. 6616
August 11, 2016
Page 4
Section 2. IMPLEMENTATION. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 3. SEVERABILITY. The provisions of this ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section, or portion of this ordinance, or the invalidity of the application thereof
to any person or circumstance shall not affect the validity of the remainder of the
ordinance, or the validity of its application to other persons or circumstances.
Section 4. EFFECTIVE 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:
NANCY BACKUS, MAYOR
ATTEST:
Danielle Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
PUBLISHED: _________________
ORD.C Page 89 of 106
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5247
Date:
August 29, 2016
Department:
Administration
Attachments:
Resolution No. 5247
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5247.
Background Summary:
The Auburn School District is submitting to the voters of the District at the November,
2016 General Election a ballot measure to provide for enhancement of existing
schools and construction of new school facilities. The District has a number of schools
built in the 1950s and 60s that are outdated and in need of enhancements or
replacement. Additionally, a number of amenities that were not available when the
schools were built would be appropriate for schools to be able to provide more
effective service, better safety and security and better contribute to the educational
needs of the district. Additionally, because of the growing student population of the
district, there is a need for additional schools. The ballot measure, if passed, would
support construction of two new schools in Auburn (one in the north end of the City
and another in the south end).
There is a mechanism in state law (RCW 42.17A .555) that would allow city councils
to endorse or take a position with respect to ballot measures. This Resolution would
seek to accomplish that, giving the City Council a voice to support the Auburn School
District Ballot Proposition. Among the requirements for city councils to comply with the
statute is the requirements that the agenda for the meeting at which the issue would
be considered include the text of the ballot measure itself, and in the meeting, in
conjunction with the consideration of the Council support for (or against) the ballot
measure, the opportunity for opposing views to be expressed shall be provided.
Reviewed by Council Committees:
Councilmember: Staff:Heid
Meeting Date:September 6, 2016 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 90 of 106
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 91 of 106
RESOLUTION NO. 5 2 4 7
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, EXPRESSING
SUPPORT FOR THE AUBURN SCHOOL DISTRICT
NUMBER 408 PROPOSITION NUMBER 1 - SCHOOL
CONSTRUCTION AND REPLACEMENT GENERAL
OBLIGATION BONDS - $456,056,000
WHEREAS, the Auburn School District has a number of older, aging
schools, including the following:
Terminal Park Elementary School (built in 1945)
Dick Scobee Elementary School (built in 1954)
Olympic Middle School (built in 1957j
Pioneer Elementary School (built in 1959)
Chinook Elementary School (built in 1963)
Lea Hill Elementary School (bui t in 1965);
and
WHEREAS, the Auburn School District is also growing and sees the need
for accommodating an additional population of school students; and
WHEREAS, the School District established a Citizen's Committee to
review the need for construction, enlargement and/or replacement of schools;
and
WHEREAS, the Committee made certain recommendations to #he School
Board, and the School Board conourred that fhe above listed schools need to be
replaced and/or enlarged; and
WHEREAS, in addition to the replacement, repair and/or expansion of the
existing older schools, the District needs to add two new elementary schools, one
Resolution No. 5247
August 17, 2016
Page 1 of 5
RES.A Page 92 of 106
in the north end of the City and one in the south end, to accommodate the
additional population of K through 5th gYade students, and
WHEREAS, the School District also desires to add valuable modernizing
amenities and other features to district.schools to address technology, safety and
other enhancements; and
WHEREAS, RCW 42.17A.555 authorizes city councils fo take collective
action regarding ballot measures appearing before the voters so long as the
action is taken at a public meeting, the intended action is identified on the
agenda and the opportunity for opposing views is given to attendees at the public
meeting; and
WHEREAS, in light of the significant need for funding the important
programs to be provided by the Auburn School District Proposition Number 1, for
school construction, enhancement and replacement, it is appropriate that the City
Council support this ballot measure as permitted pursuant to RCW 42.17A.555
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the City Council expresses its support for the Auburn
School District Number 408 Proposition Number 1 - School Construction and
Replacement General Obligation Bonds - $456,056,000, coming before the
voters of the School District on the NovembeY 8, 2016 election.
Section 2. That the Mayor is authorized to take such action as is
neces.sary and appropriate to implement the directives of this legislation,
including forwarding copies of this Resolution to the Auburn School District, and
others as warranted.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Resolution No. 5247
August 17, 2016
Page 2 of 5
RES.A Page 93 of 106
Dated and Signed this day of 2016.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST
Danielle E. Daskam, City Clerk
APP VED AS TO FORM:
niel B. id, Ci ttorney
Resolution No. 5247
August 17, 2016
Page 3 of 5
RES.A Page 94 of 106
PROPOSITION NO. 1
AUBURN SCHOOL DISTRICT NO. 408
SCHOOL CONSTRUCTION AND REPLACEMENT GENERAL
OBLIGATIONBONDS- $456,056,000
The Boazd of Directors of Aubum School District No. 408 approved
a proposition for bonds. This proposition would authorize the District
to construct and equip two new elementary schools; rebuild Olympic
Midd]e School and Chinook, Dick Scobee, Lea Hill, Pioneer, and
Terminal Pazk Elementary schools, increasing enrollment capacity and
accommodating class size reduction; to issue $456,056,000 of general
obligation bonds maturing within a maximwn term of 20 yeazs, and to
levy excess property ta ces annually to repay the bonds, all as provided in
Resolution No. 1220. Should this proposition be:
APPROVED?
REJECTED?
Resolution No. 5247
August 17, 2016
Page 4 of 5
RES.A Page 95 of 106
RCW 42.17A.555
42.17A.555 Use of public o ce or agency facilities in campaigns — Prohibition
Exceptions.
No elective official nor any employee of his or her office nor any person
appointed to or employed by any public office or agency may use or authorize
the use of any of the facilities of a public o ce or agency, directly or indirectly, for
the purpose of assisting a campaign for election of any person to any office or for
the promotion of or opposition to any ballot proposition. Facilities of a public
office or agency include, but are not limited to, use of stationery, postage,
machines, and equipment, use of employees of the office or agency during
working hours, vehicles, office space, publications of the office or agency, and
clientele lists of persons served by the o ce or agency However, this does not
apply to the following activities:
1) Action taken at an open public meeting by members of an elected
legislative body or by an elected board, council, or commission of a special
purpose district including, but not limited to, fire districts, public hospital districts,
library disfricts, park districts, port districts, public utility districts, school districts,
sewer districts, and water districts, to express a collective decision, or to actually
vote upon a motion, proposal, resolution, order, or ordinance, or to support or
oppose a ballot proposition so long as (a) any required notice of the meeting
includes the title and number of the ballot proposition, and (b) members of the
legislative body, members of the board, council, or commission of the special
purpose district, or members of the public are afforded an approximately equal
opportunity for the expression of an opposing view;
2) A statement by an elected official in support of or in opposition to any
ballot proposition at an open press conference or in response to a specific
inquiry;
3) Activities which are part of the normal and regular conduct of the office
oragency
4) This section does not apply to any person who is a state officer or state
employee as defined in RCW 42.52.010. [2010 c 204 § 701, 2006 c 215 § 2;
1979 ex.s. c 265 § 2; 1975-'76 2nd ex.s. c 112 § 6; 1973 c 1 § 13 (Initiative
Measure No. 276, approved November 7, 1972). Formerly RCW 42.17 130.]
Resolution No. 5247
August 17, 2016
Page 5 of 5
RES.A Page 96 of 106
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5248
Date:
August 29, 2016
Department:
Administration
Attachments:
Resolution No. 5248
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5248.
Background Summary:
Sound Transit (The Central Puget Sound Regional Transit Authority) has placed on
the November, 2016 General Election a ballot measure to provide for enhancements
to its light-rail, commuter-rail and express and rapid bus service programs. These
enhancements would serve the Auburn area (included within the service area of the
regional transit authority). The ballot measure would provide for modest increases in
taxes (sales and use tax, property tax and motor vehicle excise tax) to fund the
program improvements.
There is a mechanism in state law (RCW 42.17A .555) that would allow city councils
to endorse or take a position with respect to ballot measures. This Resolution would
seek to accomplish that, giving the City Council a voice to support the Sound Transit
Ballot Proposition. Among the requirements for city councils to comply with the statute
is the requirements that the agenda for the meeting at which the issue would be
considered include the text of the ballot measure itself, and in the meeting, in
conjunction with the consideration of the Council support for (or against) the ballot
measure, the opportunity for opposing views to be expressed shall be provided.
Reviewed by Council Committees:
Councilmember: Staff:Heid
Meeting Date:September 6, 2016 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 97 of 106
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 98 of 106
RESOLUTION NO. 5 2 4 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, EXPRESSING
SUPPORT FOR THE CENTRAL PUGET SOUND
REGIONAL TRANSIT AUTHORITY PROPOSITION
FOR LIGHT-RAIL, COMMUTER-RAIL AND BUS
SERVICE EXPANSION
WHEREAS, the Central Puget Sound Regional Transit Authority (Sound
Transit) provides transit related services for riders from Pierce County, King
County and Snohomish County; and
WHEREAS, Sound Transit has conducted a comprehensive outreach
effort to determine the needs of its service area for transit related improvements;
and
WHEREAS, as a result of its outreach efforts, Sound Transit has
determined that there is a need for enhanced light-rail, commuter-rail and sound
transit express and rapid bus service; and
WHEREAS, the Sound Transit Board has approved a proposition to be
placed on the ballot for voter approval at the November, 2016 general election,
which if approved will provide revenue for the transit related enhancements by
imposing an additional 0.5% sales and use tax, an additional property tax of up to
25 per $1,000 assessed valuation and an additional 0.8% motor vehicle excise
tax; and
WHEREAS, RCW 42.17A.555 authorizes city councils to take collective
action regarding ballot measures appearing before the voters so long as the
action is taken at a public meeting, the intended action is identified on the
agenda and the opportunity for opposing views is given to attendees at the public
meeting; and
Resolution No. 5248
August 17, 2016
Page 1 of 4RES.B Page 99 of 106
WHEREAS, in light of the significant need for funding the important
programs to be provided by the Sound Transit proposition for light-rail,
commuter-rail and bus service expansion, it is appropriate that the City Council
support this ballot measure as permitted pursuant to RCW 42.17A.555.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the City Council ezpresses its support for the Central
Puget Sound Regional Transit Authoriry Proposition for Light-Rail, Commuter-
Rail and Bus Service Expansion, coming before the voters on the November 8,
2016 election.
Section 2. That the Mayor is authorized to take such action as is
necessary and appropriate to implement the directives of this legislation,
including forwarding copies of this Resolution to Sound Transit, and others as
warranted.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this day of 2016
CITY OF AUBURN
ATTEST
NANCY BACKUS, MAYOR
Danielle E. Daskam, City Clerk
APPR9VED AS TO FORM:
i B. Heid, City Attorney
Resolution No. 5248
August 17, 2016
Page 2 of 4RES.B Page 100 of 106
Sound Transit(A Regional Transit Authority)
Light-Rail, Commuter-Rail, and Bus Service Expansion
Proposition No. _
The Sound Transit Board passed Resolution No. R2016-17 conceming
expansion of mass transit in King, Pierce, and Snohomish counties. This
measure would expand light-rail, commuter-rail, and bus rapid transit service
to connect population, errployment and growth centers, and authorize Sound
Transit to levy or impose:an additional 0.5% sales and use tax;a property tax
of $0.25 or less per$1,000 of assessed valuation; an additional 0.8% motor-
vehicle excise tax; and continue existing taxes to fund the local share of the
53.8 billion estimated cost (including inflation), with independent audits, as
described in the Mass Transit Guide and Resolutidn No. R2016-17 Should
this measure be:
APPROVED
REJECTED O
Resolution No. 5248
August 17, 2016
Page 3 of 4RES.B Page 101 of 106
RCW 42.17A.555
42.17A.555 Use of public office or agency facilities in campaigns — Prohibition
Exceptions.
No elective official nor any employee of his or her office nor any person
appointed to or employed by any public office or agency may use or authorize
the use of any of the facilities of a public office or agency, directfy or indirectly, for
the purpose of assisting a campaign for election of any person to any o ce or for
the promotion of or opposition to any ballot proposition. Facilities of a public
office or agency include, but are not limited to, use of stationery, postage,
machines, and equipment, use of employees of the office or agency during
working hours, vehicies, o ce space, publications of the office or agency, and
clientele lists of persons served by the o ce or agency However, this does not
apply to the following activities:
1) Action taken at an open public meeting by members of an elected
legislative body or by an elected board, council, or commission of a special
purpose district including, but not limited to, fire districts, public hospital districts,
library districts, park districts, port districts, public utility districts, school districts,
sewer districts, and water districts, to express a collective decision, or to actually
vote upon a motion, proposal, resolution, order, or ordinance, or to support or
oppose a ballot proposition so long as (a) any required notice of the meeting
includes the title and number of the ballot proposition, and (b) members of the
legislative body, members of the board, council, or commission of the special
purpose district, or members of the public are afforded an approximately equal
opportunity for the expression of an opposing view;
2) A statement by an elected official in support of or in opposition to any
ballot proposition at an open press conference or in response to a spec c
inquiry;
3) Activities which are part of the normal and regular conduct of the office
or agency
4) This section does not apply to any person who is a state o cer or state
employee as defined in RCW 42.52.010. [2010 c 204 § 701, 2006 c 215 § 2;
1979 ex.s. c 265 § 2; 1975-'76 2nd ex.s. c 112 § 6; 1973 c 1 § 13 (initiative
Measure No. 276, approved November 7, 1972). Formerly RCW 42.17 130 ]
Resolution No. 5248
August 17, 2016
Page 4 of 4RES.B Page 102 of 106
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5249
Date:
August 31, 2016
Department:
Finance
Attachments:
Resolution No. 5249
Budget Impact:
$0
Administrative Recommendation:
City Council adopt Resolution No. 5249.
Background Summary:
Per the current 6-year capital facility plan, the water fund has identified around $3.0M
of debt financing required in 2016 and an additional $5M need in 2017 and about
$2.5M in 2018. Currently the biggest 2016 bond financed project is the AMI project,
which is well underway.
This interfund loan will utilize capital reserves in the storm and sewer funds for up to 3
years. It is estimated that the water fund will require a $3.0M transfer in the fall of
2016. Finance will assess additional needs early in 2017 and anticipates a private
placement bond for the water fund, not to exceed $5M, sometime in 2017. This
financing mechanism is the same as the City used in the March 2016 Golf Course and
Airport bond refunding.
The financing proceeds will be used to fund the water capital plan and may repay a
portion of the interfund loan, depending on planned project(s) status.
Again in 2018, depending on the bond market, the City will place another private
placement bond of about $5M. Additional debt proceeds may be required in 2019 of
approximately $2.5M.
Background:
2010 the utilities issued $20 million in bonds;
2013 the utilities issued $12 million in bonds;
Overall this is about $10.5M in debt funding required over 3 years.
AUBURN * MORE THAN YOU IMAGINEDRES.D Page 103 of 106
The recommendation to limit the size and timing of the issues is based upon several
factors:
Rather than issue one bond in 2016 and then spend down over the next 3 years it is
recommended to split the issue up into smaller amounts. This will align the funding
issue close to the actual need i.e. construction phase. Estimating the construction
window can be challenging and is dependent on available project management staff,
design progress, weather, and sometimes unforeseen circumstances. Timing the
issue close to the construction phase limits interest payments on issued but idle bond
funds.
Limiting the issuances to $5M will prevent the City from costly arbitrage requirements
which are required by the IRS on debt issuances over $5M in a calendar year. This
rule has been in place since 1988 and the $5M threshold is no longer relevant given
costs have escalated significantly in the past 28 years. Yet it remains at $5M.
Finally, private placement would preclude the City from preparing an official statement
and going in front of the rating agencies. These efforts require a great deal of effort
from staff, both Finance and Public Works, to ready the bond(s) for public sale in the
bond market. Having said that, public sales in the bond market will the put the debt
issue under the purview of the Securities and Exchange Commission (SEC).
The City was pleasantly surprised by the March 2016 private placement in which the
interest rate was less than the rate it would have received if it had gone out to the
bond market.
In short, the inferfund loan would ‘tie over’ the water fund until the timing is right for the
issue and enable smaller issuances with less IRS and federal regulatory oversight.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:September 6, 2016 Item Number:RES.D
AUBURN * MORE THAN YOU IMAGINEDRES.D Page 104 of 106
RESOLUTION NO. 5 2 4 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE TRANSFER
OF FUNDS FOR 'fHE PURPOSE OF MAKING A LOAN OR
LOANS FROM THE SEWER FUND (FUND NO 431) AND/OR
THE STORM DRAINAGE FUND (FUIVD NO 432) TO THE
WATER FUND (FUND NO 430) FOR UP TO A THREE-YEAR
PERIOD OF TIME
WHEREAS, the issuance of revenue bonds is planned as a funding source for
carrying out certain Water Fund capital projects during the 2016 — 2018 period as
identified in the adopted Capital Facilities Plan; and
WHEREAS, interFund loans can serve as a short-term financing mechanism to
hedge bond arbitrage issues and spend down requirements; and
WHEREAS, the Sewer Fund and Stbrm Drainage Fund have sufficient funds
from which to transfer monies in an amount not to exceed FIVE MILLION AND NO/100
DOLLARS ($5,000,000 00) for the purpose of making loans to cover capital project
expenses of the Water Fund; and
WHEREAS, in the event a loan is made from the Sewer Fund or the Storm
Drainage Fund to the Water Fund, as provided herein, the loan shall be repaid at the
current rate of investment return of the Washington State Local Government Investment
Pool on the outstanding balance during the term of the loan, and
WHEREAS, revenue bond issuances in an amount not to exceed FIVE MILLION
AND NO/100 DOLLARS ($5,000,000.00) annually are planned for 2017 and 2018 for
the purpose of repaying the interfund loan balances.
Resolution No 5249
August 17, 2016
Page 1 of 2RES.D Page 105 of 106
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. Authorization is hereby given during the time period September 1,
2016 to December 31, 2018 for the transfer of funds to the Water Fund when there are
insu cient funds available to cover authorized capital expenses in an amount not to
exceed FIVE MILLION AND NO/100 DOLLARS ($5,000,000 00) from the Sewer Fund
and/or the Storm Drainage Fund for the purpose of making a loan with an interest rate
commensurate with the current rate of investment return of the Washington State Local
Government Investment Pool.
Section 2. The Mayor is hereby 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.
Dated and Signed this day of 2016.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST
Danielle E. Daskam, City Clerk
APP VED ' O FO
ni B. e' 'ty ey
Resolution No. 5249
August 17, 2016
Page 2 of 2RES.D Page 106 of 106