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HomeMy WebLinkAbout02-22-2017 TRANSPORTATION BENEFIT DISTRICT AGENDAAuburn Transportation Benefit District February 22, 2017 - 2:00 PM Council Chambers AGENDA I. CALL TO ORDER A. Roll Call II. CONSENT AGENDA A. December 13, 2016 Meeting Minutes* III. ORDINANCES A. Ordinance No. 2017-01* (Coleman) An Ordinance of the Auburn Transportation Benefit District adopting a budget for the year 2017 IV. RESOLUTIONS A. Resolution No. 2017-01* (Coleman) A Resolution of the Auburn Transportation Benefit District approving an Interlocal Agreement between the Auburn Transportation Benefit District and the State of Washington Department of Licensing B. Resolution No. 2017-02* (Snyder) A Resolution of the Auburn Transportation Benefit District approving certain Transportation Projects to be funded C. Resolution No. 2017-03* (Snyder) A Resolution of the Auburn Transportation Benefit District, Auburn, Washington, approving a Material Change Policy D. Resolution No. 2017-04* (Snyder) A Resolution of the Auburn Transportation Benefit District adopting the 2016 Annual Report E. Resolution No. 2017-05* (Snyder) A Resolution of the Auburn Transportation Benefit District approving a Memorandum of Understanding with the City of Auburn regarding a 0.2 Percent Sales and Use Tax V. ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 1 of 46 Page 2 of 46 AGENDA BILL APPROVAL FORM Agenda Subject: December 13, 2016 Meeting Minutes Date: February 7, 2017 Department: Administration Attachments: 12-13-2016 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember: Staff: Meeting Date:February 22, 2017 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 3 of 46 Auburn Transportation Benefit District December 13, 2016 - 2:00 PM City Hall Annex - 1 East Main Street MINUTES I. CALL TO ORDER A. Roll Call Board Chairperson Nancy Backus called the meeting to order at 2:00 p.m. in the City Hall Annex, One East Main Street in Auburn. Board Chairperson Nancy Backus and the following Board Members were present: Claude DaCorsi, John Holman, Bill Peloza, Yolanda Trout- Manuel, Rich Wagner and Largo Wales. Member Bob Baggett was excused. City of Auburn staff members present included: City Attorney Dan Heid, Assistant City Attorney Jessica Leiser, Community Development and Public Works Director Kevin Snyder, Finance Director Shelley Coleman, City Engineer/Assistant Director of Engineering Services Ingrid Gaub, Transportation Manager Pablo Para, Director of Administration Dana Hinman and Deputy City Clerk Shawn Campbell. II. ACTION A. Minutes of the February 1, 2016 Special Meeting Board Member Holman moved and Board Member Trout-Manuel seconded to approve the minutes. MOTION CARRIED UNANIMOUSLY. 6-0 III. RESOLUTIONS A. Resolution No. 2016-01 (Snyder) A Resolution of the Auburn Transportation Benefit District approving a $20.00 vehicle license fee pursuant to RCW 36.73.065 Board Member Wagner moved and Board Member Peloza seconded to approve Resolution No. 2016-01. Board Member DaCorsi stated the fee will impact the low income and less forturnate residents. However it does make sense to move forward even though the legislature does not allow assistance for those adversely impacted. The Board still needs to consider ways to help residents that need assistance. Chair Backus stated the City cannot usurp Washington State law. The City can look at ways to help those residents that are low income. Page 1 of 3 CA.A Page 4 of 46 Board Member Wales left the meeting at 2:57p.m. MOTION CARRIED UNANIMOUSLY. 5-0 B. Resolution No. 2016-02 (Snyder) A Resolution of the Auburn Transportation Benefit District approving and interlocal agreement with the City of Auburn to coordinate individual, joint and mutual rights and obligations pertaining to the operation, maintenance, construction and reconstruction of public transportation infrastructure within the boundaries of the Auburn Transportation benefit district and the City of Auburn Director Snyder stated City staff recommends the Transportation Benefit District enter into an interlocal agreement with the City of Auburn to coordinate the funding approved by Resolution No. 2016-01 Board Member Peloza moved and Board Member Holman seconded to approve Resolution No. 2016-02. Board Member Wagner moved and Board Member DaCorsi seconded to amend the Resolution in section 3.1 to include extraordinary Information and Technology. MOTION CARRIED UNANIMOUSLY. 5-0 Board Member DaCorsi moved and Board Member Wagner seconded to change Section 3.3 from 20% to 10% on when the Board is notified of increased costs. MOTION CARRIED UNANIMOUSLY. 5-0 MAIN MOTION CARRIED UNANIMOUSLY. 5-0 IV. DISCUSSION ITEMS A. Auburn’s State of Our Streets and Funding Options (Gaub/Para) Assistant Director of Engineering Gaub and Transportation Manager Para reviewed the streets that would be eligible for Transportation Benefit District funding, the State of the Streets in Auburn report, the 2017 -2018 budget for streets and provide Council additional background on the street repairs and needed improvements. Transportation Manager Para presented the Board with a brief review of the State of the Streets report. Every road in the City has now been rated and is included in the report. City Council approved the Six Year Transportation Improvement Plan that identified 74 projects costing over $190 million. The Plan also identified additional projects for the following 14 years with a cost of over a $166 million. Member Trout-Manual asked who the City is partnering with on the various projects. Transportation Manager Para stated the City partners with both private and public entities. Page 2 of 3 CA.A Page 5 of 46 Member DaCorsi asked if there is a significant increase in grants and the probality of future grants. Transportation Manager Para stated in order for a project to be eligible for grant funding it must be in the Transportation Improvement Plan. The City will select the projects on the plan that best fit the grant funding available and apply for grants for those projects. Transportation Manager Para explained how the Transportation Benefit District could fund projects the City does not have sufficient funds or grants to cover. With the current funding level the City will fall significantly behind in needed revenue to be keep the streets in their current condition. If the Transportation Benefit District adds the car tab funding the City could stay even or only have a small decrease in the overall road condition rating. By adding the additional revenue from a sales tax increase would get the funds closer to the needed amount to reach the City's road condition goals. B. Potential Public Education Options for Future Vote on 0.2% Sales and Use Tax (Snyder) Director Snyder presented the Board with an option for enacting a sales and use tax. This type of tax will require a public vote. The Board discussed the need for public education and input on this item. The Board requested the item be added to the November 2018 ballot for a public vote with the understanding that education and public input will be sought. V. ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 3:06 p.m. APPROVED this 22nd day of February, 2017. _______________________________ ____________________________ BOARD CHAIRPERSON Clerk of the Board Page 3 of 3 CA.A Page 6 of 46 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 2017-01 Date: February 14, 2017 Department: Finance Attachments: Ordinance No. 2017-01 Exhibit 1 Budget Impact: $0 Administrative Recommendation: Auburn Transportation Benefit District (TBD) to approve Ordinance No. 2017-01, establishing the TBDs budget for the 2017 fiscal year. Background Summary: The City of Auburn, pursuant to the City Council’s previous passage of Ordinance No. 6377, established the Auburn Transportation Benefit District on September 19, 2011, and authorized funding for any purpose allowed by law, including operating the District and making transportation improvements consistent with existing state, regional, and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels pursuant to Chapter 36.73 RCW. The Auburn Transportation Benefit District’s approval of Ordinance No. 2017-01 will establish the TBD’s 2017 budget and authorize the Treasurer to make transfers and adjustments to and between individual line items during the current fiscal year by order of the District’s Chairperson, subject to the provisions of RCW 43.09.210. Reviewed by Council Committees: Councilmember: Staff:Coleman Meeting Date:February 22, 2017 Item Number:ORD.A AUBURN * MORE THAN YOU IMAGINEDORD.A Page 7 of 46 ------------------------------ Ordinance No. 2017-01 February 9, 2017 Page 1 of 2 ORDINANCE NO. 2017-01 AN ORDINANCE OF THE AUBURN TRANSPORTATION BENEFIT DISTRICT ADOPTING A BUDGET FOR THE YEAR 2017 WHEREAS, the Treasurer of the Auburn Transportation Benefit District, completed and placed on file with the Secretary of the Auburn Transportation Benefit District and with the Board of the District, a proposed budget and estimate of the amount of monies required to meet the general expenses and all notices were published and a public hearing held as required by law giving citizens an opportunity to be heard upon the 2017 Proposed Budget; and WHEREAS, after conducting a public hearing, the Board of the Auburn Transportation Benefit District finds it is in the best interest of the District to adopt the budget as set forth below; NOW THEREFORE, THE BOARD OF THE AUBURN TRANSPORTATION BENEFIT DISTRICT, DO ORDAIN AS FOLLOWS: Section 1. Adoption of Budget. The budget for the Auburn Transportation Benefit District for the fiscal year 2017 is hereby adopted in its final form and content as set forth in the document entitled 2017 Adopted Budget, a copy of which is on file in the Office of the Secretary of the District. Section 2. Transfers and Adjustments. The Treasurer is hereby authorized to make transfers and adjustments to and between individual line items during the current fiscal year by order of the Chair of the District, subject to the provisions of RCW 43.09.210. Estimated resources and aggregate expenditures during the year 2017 are set forth in summary form below in Exhibit 1, and are hereby appropriated for expenditure during the year 2017. ORD.A Page 8 of 46 ------------------------------ Ordinance No. 2017-01 February 9, 2017 Page 2 of 2 SIGNED and DATED this ____ day of _________, 2017 AUBURN TRANSPORTATION BENEFIT DISTRICT ________________________________ NANCY BACKUS, Chairperson ATTEST: _________________________________ Danielle E. Daskam, Clerk of the District APPROVED AS TO FORM: _______________________________ Daniel B. Heid, District Legal Counsel ORD.A Page 9 of 46 Exhibit 1 Auburn Transportation District 2017 Budget Beginning Fund Balance $ 0.00 Revenues Vehicle License Fees $ 400,000.00 Total Revenues $ 400,000.00 Expenditures Transportation Improvement Project Costs $ 350,000.00 Audit Fees 5,000.00 Insurance – WCIA 2,500.00 Miscellaneous 5,000.00 Total Expenditures $ 362,500.00 Ending Fund Balance $ 37,500.00 ORD.A Page 10 of 46 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 2017-01 Date: February 14, 2017 Department: Finance Attachments: Resolution No. 2017-01 Exhibit A Budget Impact: $0 Administrative Recommendation: Auburn Transportation Benefit District to approve Resolution No. 2017-01, approving the interlocal agreement with the Washington State Department of Licensing Background Summary: The City of Auburn is empowered to operate, maintain, construct, and reconstruct, public transportation infrastructure within its City limits in accordance with the powers granted pursuant to RCW 35A.11.020 and Chapter 35A.47 RCW. The City of Auburn, pursuant to the City Council’s previous passage of Ordinance No. 6377, established the Auburn Transportation Benefit District on September 19, 2011, and authorized funding for any purpose allowed by law including operating the District and making transportation improvements consistent with existing state, regional, and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels pursuant to Chapter 36.73 RCW. The Auburn Transportation Benefit District Board passed Resolution No. 2016-01 on December 13, 2016, establishing a $20.00 vehicle license fee within the boundaries of the Auburn Transportation Benefit District. RCW Chapter 36.73 requires that cities establishing the $20.00 vehicle license fee enter into an interlocal agreement with the Washington State Department of Licensing for the collection of such fees. The Washington State Department of Licensing uses a standard form of interlocal agreement, which the Auburn Transportation Benefit District must execute in order to begin collection of the $20.00 vehicle license fee. Reviewed by Council Committees: Councilmember: Staff:Coleman Meeting Date:February 22, 2017 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A Page 11 of 46 AUBURN * MORE THAN YOU IMAGINEDRES.A Page 12 of 46 ------------------------------ Resolution No. 2017-01 February 9, 2017 Page 1 of 3 RESOLUTION NO. 2017-01 A RESOLUTION OF THE AUBURN TRANSPORTATION BENEFIT DISTRICT APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE AUBURN TRANSPORTATION BENEFIT DISTRICT AND THE STATE OF WASHINGTON DEPARTMENT OF LICENSING WHEREAS, the City of Auburn established a transportation benefit district with the adoption of its Ordinance No. 6377 on September 19, 2011, with action is authorized by Section 35.21.225 of the Revised Code of Washington (RCW) and is subject to the provisions of Chapter 36.73 RCW; and WHEREAS, RCW 36.73.065 authorizes a transportation benefit district to impose, by majority vote of the district's governing board, up to a $20.00 vehicle license fee as provided for in RCW 82.80.140; and WHEREAS, the Auburn Transportation Benefit District has established a $20.00 vehicle license fee as authorized by law, and has approved a list of certain transportation projects to be funded by the revenue from the vehicle license fees; and WHEREAS, Chapter 36.73 RCW requires that cities establishing the $20.00 vehicle license fee enter into an Interlocal Agreement with the Washington State Department of Licensing for the collection of such vehicle license fees; and WHEREAS, the Washington State Department of Licensing uses a standard form of Interlocal Agreement for the collection of the $20.00 vehicle license fee, which the Auburn Transportation Benefit District must execute in order to begin collection of the $20.00 vehicle license fee; RES.A Page 13 of 46 ------------------------------ Resolution No. 2017-01 February 9, 2017 Page 2 of 3 NOW THEREFORE, THE BOARD OF THE AUBURN TRANSPORTATION BENEFIT DISTRICT, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board Chairperson is authorized to execute an Interlocal Agreement in substantial conformity with the form attached hereto, marked as Exhibit “A,” with the Washington State Department of Licensing for the purpose of providing the terms and conditions under which the Washington State Department of Licensing shall administer and collect fees on behalf of the Auburn Transportation Benefit District. Section 2. The Board Chairperson is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. SIGNED and DATED this ____ day of _________, 2017 AUBURN TRANSPORTATION BENEFIT DISTRICT ________________________________ ATTES: NANCY BACKUS, Chairperson _________________________________ Danielle E. Daskam, Clerk of the District APPROVED AS TO FORM: _______________________________ RES.A Page 14 of 46 ------------------------------ Resolution No. 2017-01 February 9, 2017 Page 3 of 3 Daniel B. Heid, District Legal Counsel RES.A Page 15 of 46 RES.A Page 16 of 46 RES.A Page 17 of 46 RES.A Page 18 of 46 RES.A Page 19 of 46 RES.A Page 20 of 46 RES.A Page 21 of 46 RES.A Page 22 of 46 RES.A Page 23 of 46 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 2017-02 Date: February 14, 2017 Department: CD & PW Attachments: Resolution 2017-02 Vicinity Map Budget Impact: $0 Administrative Recommendation: Transportation Benefit District Board Approve Resolution no. 2017-02. Background Summary: Resolution No. 2017-02 approves the transportation project list to be funded using the funding available from the Transportation Benefit District for 2017 that will be collected from the $20.00 vehicle license fee. The recommended project for 2017 is an addition to the B Street NW Reconstruction Project to extend the full scope of the roadway improvements from just north of 49th Street NW north to S 277th Street, see the attached map. Reviewed by Council Committees: Councilmember: Staff:Snyder Meeting Date:February 22, 2017 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B Page 24 of 46 Resolution No. 2017-02 February 8, 2017 Page 1 RESOLUTION NO. 2017-02 A RESOLUTION OF THE AUBURN TRANSPORTATION BENEFIT DISTRICT APPROVING CERTAIN TRANSPORTATION PROJECTS TO BE FUNDED WHEREAS, Ordinance No. 6377 of the Auburn City Council established a Transportation Benefit District as authorized by RCW 35.21.225 and subject to the provisions of RCW 36.73; and WHEREAS, the Transportation Benefit District has established a $20.00 vehicle license fee to fund transportation improvement projects meeting the criteria established in RCW 36.73; and WHEREAS, the Transportation Benefit District finds that the transportation improvement projects set for in the list attached hereto as Exhibit A meet the criteria of RCW 36.73. NOW, THEREFORE, THE BOARD OF THE AUBURN TRANSPORTATION BENEFIT DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The $20.00 vehicle license fee shall be used to fund transportation improvement project(s) as identified on Exhibit A, attached hereto and by this reference made part hereof , including a project descriptions, overall project cost and the estimated amount of funding to be used from the Transportation Benefit District Funds. Such project list is not in order of priority RES.B Page 25 of 46 Resolution No. 2017-02 February 8, 2017 Page 2 and shall be accomplished with due consideration of other funding which may become available to accomplish such projects. Section 2. This Resolution shall be in full force and effect upon passage and signatures hereon. SIGNED and DATED this _____ day of _________, 2017. AUBURN TRANSPORTATION BENEFIT DISTRICT NANCY BACKUS, Chairperson ATTEST: ______________________ Danielle E. Daskam, City of the District APPROVED AS TO FORM: _____________________ Daniel B. Heid, District Legal Counsel RES.B Page 26 of 46 Resolution No. 2017-02, Exhibit A February 8, 2017 Page 1 EXHIBIT A The following list of projects are to be funded for Fiscal Year 2017. 1. City of Auburn Project No. CP1520, B Street NW Reconstruction (37th Street NW to S 277th Street). Project Description: This project will reconstruct the failed pavement section on B Street NW between 37th St NW to just north of 49th St NW and grind and overlay from this location to S 277th Street. Work includes replacement of existing failed or damaged curb, gutter and sidewalk and the construction of a 1,350 linear foot sanitary sewer main extension along 49th St NW and a portion of B Street NW. Project Schedule: This project is anticipated to begin construction in 2017 and be completed in 2018. Total Estimated Project Cost = $3,743,000.00 2017 TBD Estimated Funding Allocation = $350,000.00 RES.B Page 27 of 46 1:4,514 B Street NW Reconstruction Project 0.10.070.1 0 Miles NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet 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 Imagery Date: May 2015 2/14/2017Printed Date: 1 in =0.07 ft RES.B Page 28 of 46 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 2017-03 Date: February 14, 2017 Department: Community Development & Public Works Attachments: Resolution No. 2017-03 Budget Impact: $0 Administrative Recommendation: Auburn Transportation Benefit District Board to adopt Resolution No. 2017-03. Background Summary: Chapters 36.73 RCW and RCW 35.21.255 authorize the City of Auburn City Council to establish a Transportation Benefit District within the City’s jurisdiction for the purpose of acquiring, constructing, improving, providing, and funding transportation improvements within the district that are consistent with existing state, regional, and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels. Pursuant to the City Council’s adoption of Ordinance No. 6377 on September 19, 2011, the City Council of the City of Auburn established the Auburn Transportation Benefit District (“District”) as authorized by RCW 35.21.225 and subject to the provisions of RCW 36.73. The Board established an annual $20.00 vehicle license fee pursuant to its adoption of Resolution No. 2016-01 on December 13, 2016. The Board will be asked to approve Resolution No. 2017-02 at its February 22, 2017 special meeting approving approved certain transportation improvements to be funded with the revenue from the vehicle license fee. Because of near-term anticipated expenditure of collected revenues from the vehicle license fee, RCW 36.73.160 requires the Board to adopt a policy to address major plan changes that affect project delivery or the ability to finance the plan, and address material changes to cost, scope, and schedule; the level of change that will require Board involvement; and how the Board will address those changes. Reviewed by Council Committees: Councilmember: Staff:Snyder AUBURN * MORE THAN YOU IMAGINEDRES.C Page 29 of 46 Meeting Date:February 22, 2017 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINEDRES.C Page 30 of 46 - - - - - - - - - - - - - - - - - - - - - - Resolution No. 2017-03 February 15, 2017 Page 1 RESOLUTION NO. 2017-03 A RESOLUTION OF THE AUBURN TRANSPORTATION BENEFIT DISTRICT, AUBURN, WASHINGTON, APPROVING A MATERIAL CHANGE POLICY WHEREAS, Chapter 36.73 RCW and Section 35.21.255 RCW authorize the City of Auburn City Council to establish a Transportation Benefit District within the City’s jurisdiction for the purpose of acquiring, constructing, improving, providing, and funding transportation improvements within the district that are consistent with existing state, regional, and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels; and WHEREAS, pursuant to the City Council’s adoption of Ordinance No. 6377 on September 19, 2011, the City Council of the City of Auburn established the Auburn Transportation Benefit District (“District”) as authorized by RCW 35.21.225 and subject to the provisions of RCW 36.73; and WHEREAS, the District’s Board (“Board”) has established an annual $20.00 vehicle license fee pursuant to its adoption of Resolution No. 2016-01 on December 13, 2016, and has approved certain transportation improvements to be funded with the revenue from the vehicle license fee, and WHEREAS, RCW 36.73.160 requires the Board to adopt a policy to address major plan changes that affect project delivery or the ability to finance the plan, and address material changes to cost, scope, and schedule; the level of change that will require Board involvement; and how the Board will address those changes. NOW, THEREFORE, THE BOARD OF THE AUBURN TRANSPORTATION BENEFIT DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: Section 1: Material Change to Cost. In the event an approved transportation improvement project exceeds its original cost by more than twenty percent (20%), the Board shall hold a public hearing to solicit comments from the public regarding how the cost change should be resolved. District staff shall consult with the Board Chair prior to setting the public hearing. Section 2: Material Change to Scope. In the event the scope of a transportation improvement project materially changes from that originally anticipated at project approval, District staff shall consult with the Board Chair about the scope of RES.C Page 31 of 46 - - - - - - - - - - - - - - - - - - - - - - Resolution No. 2017-03 February 15, 2017 Page 2 such changes. The Board Chair shall determine whether or not to convene a special meeting of the Board for discussion. If the scope change will result in an increase in cost by more than twenty percent (20%) the Board shall hold a public hearing to solicit comments from the public regarding how the change of scope should be resolved. Section 3. Material Change to Schedule. In the event that the schedule of a transportation improvement project will result in an extension of any specific project schedule by more than ninety (90) days, or, in the event that the schedule change of a transportation improvement project will result in an increase in cost by more than twenty percent (20%), the Board shall hold a public hearing to solicit comments from the publicregarding how the schedule change should be resolved. Section 4. Full Force and Effect. This Resolution shall be in full force and effect upon passage and signatures hereon. SIGNED and DATED this _______ day of ______________, 2017 AUBURN TRANSPORTATION BENEFIT DISTRICT _____________________________________ NANCY BACKUS, Chairperson ATTEST: ________________________________ Danielle E. Daskam, Clerk of the District APPROVED AS TO FORM: ________________________________ Daniel B. Heid, District Legal Counsel RES.C Page 32 of 46 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 2017-04 Date: February 14, 2017 Department: Community Development & Public Works Attachments: Resolution No. 2017-04 2016 Annual Report Budget Impact: $0 Administrative Recommendation: Auburn Transportation Benefit District Board to adopt the 2016 Annual Report. Background Summary: Subsection 2 of RCW 36.73.160 (Transportation improvement projects—Material change policy—Annual report) specifies that a district shall issue an annual report, indicating the status of transportation improvement costs, transportation improvement expenditures, revenues, and construction schedules, to the public and to newspapers of record in the district. Please note that while there were no transportation improvements completed in 2016 prior to December 2016, the Board on December 13, 2016 did authorize a $20.00 vehicle license fee. The collection of this fee is anticipated to start in mid-2017 and collected revenues may be expended on one (1) or more transportation improvement projects in 2017 that will result in an updated report annual report format for 2017 inclusive of transportation improvement costs, expenditures, revenues and construction schedules. Reviewed by Council Committees: Councilmember: Staff:Snyder Meeting Date:February 22, 2017 Item Number:RES.D AUBURN * MORE THAN YOU IMAGINEDRES.D Page 33 of 46 --------------------------------- Resolution No. 2017-04 February 15, 2017 Page 1 of 2 RESOLUTION NO. 2017-04 A RESOLUTION OF THE AUBURN TRANSPORTATION BENEFIT DISTRICT ADOPTING THE 2016 ANNUAL REPORT WHEREAS, RCW 36.73.160(2) specifies that a district shall issue an annual report, indicating the status of transportation improvements costs, transportation improvement expenditures, revenues and construction schedules, to the public and to newspapers of record in the district. NOW, THEREFORE, THE BOARD OF THE AUBURN TRANSPORTATION BENEFIT DISTRICT HEREBY RESOLVES as follows: Section 1. That the Board hereby accepts the report attached hereto, marked as Exhibit “A,” and designates it as the Board’s 2016 Annual Report, and the Board Chairperson is authorized to issue the same as the Board’s 2016 Annual Report. Section 2. That Board Chairperson is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this _____ day of _________________, 2017. AUBURN TRANSPORTATION BENEFIT DISTRICT ________________________________ NANCY BACKUS, BOARD CHAIR RES.D Page 34 of 46 --------------------------------- Resolution No. 2017-04 February 15, 2017 Page 2 of 2 ATTEST: _________________________________ Danielle E. Daskam, Clerk of the District APPROVED AS TO FORM: _________________________________ Daniel B. Heid, District Legal Counsel RES.D Page 35 of 46 AUBURN TRANSPORTATION BENEFIT DISTRICT 2016 ANNUAL REPORT (RCW 36.73.160.2) DATED FEBRUARY 22, 2017 Pursuant to RCW 36.73.160.2, the Auburn Transportation Benefit District shall issue an annual report, indicating the status of transportation improvement costs, transportation improvement expenditures, revenues, and construction schedules, to the public and to newspapers of record in the district. The Auburn Transportation Benefit District was formed on September 19, 2011 with the passage of Ordinance No. 6377 by the Auburn City Council. The Auburn Transportation Benefit District was established in accordance with the statutory provisions of RCW 36.73 (Transportation Benefit Districts). Subsequent to its formation the Auburn Transportation Benefit District Board has not, through its own authority or through voter approval, implemented a funding mechanism(s) to make or fund transportation improvements necessitated by economic development and to improve the performance of the transportation system within the geographic boundaries of the District. Subsequent to the formation of the Auburn Transportation Benefit District and prior to December 2016, the Auburn Transportation Benefit District Board had not enacted a fee or tax authorized pursuant to RCW 36.74 (Transportation Benefit Districts). Therefore, and because throughout the majority of 2016 there was no funding source in place, the Auburn Transportation Benefit District does not have any substantive report for the calendar year 2016 for the status of transportation improvement costs, transportation improvement expenditures, revenues and construction schedules. On December 13, 2016, the Auburn Transportation Benefit District adopted Resolution No. 2016-01 approving a $20.00 vehicle license fee pursuant to RCW 36.73.065. Revenue collection from this fee will occur in mid-to-late 2017. Revenues from this fee will be dedicated for the purposes of on-going transportation improvements that preserve, maintain and as appropriate, construct or reconstruct the transportation infrastructure within the boundaries of the Auburn Transportation Benefit District. The utilization of this fee for transportation improvements within the boundaries of the District will be substantively reported in future annual reports beginning in 2017. Following Board acceptance of this Annual Report, it shall be made available to the public and to newspapers of record within the District. RES.D Page 36 of 46 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 2017-05 Date: February 14, 2017 Department: Community Development & Public Works Attachments: Res 2017-05 MOU Budget Impact: $0 Administrative Recommendation: Auburn Transportation Benefit District Board to approve Memorandum of Understanding. Background Summary: RCW 36.73.040(3)(a) and RCW 82.14.0455 authorize TBDs to impose a sales and use tax of up to 0.2 percent to fund transportation improvements within the TBD subject to a simple majority approval vote by authorized voters within the boundaries of the TBD, provided that the tax may not be imposed for longer than 10 years at a time, except to repay debt. The Transportation Benefit District Board has previously discussed the potential for engaging in a substantive public education effort to provide voters within the District factual and relevant information for a public vote for approval of a 0.2 percent sales and use tax to fund significant transportation improvement projects within the District. At its December 13, 2016, the Transportation Benefit District Board reviewed and discussed three different schedules (12-months, 18-months and 24-months) and identified its preference for the 18-months schedule. At the December 13th meeting, the Board also discussed the potential for development and execution of a Memorandum of Understanding (MOU) with the City of Auburn to memorialize the desire of both entities to jointly work together on the aforementioned public education effort including sharing of resources and costs, as applicable. The MOU affirms that the Auburn Transportation Benefit and the City of Auburn jointly identify and agree that there is an obligation to engage in substantive efforts, prior to any public vote on a 0.2 percent sales and use tax, to provide factual and relevant information to ensure that voters make an informed decision. Further, the MOU affirms that the Auburn Transportation Benefit District and the City of Auburn desire to jointly work together on a public education effort to provide factual and relevant to ensure AUBURN * MORE THAN YOU IMAGINEDRES.E Page 37 of 46 that voters within the TBD are fully aware of the cost and benefits associated with the imposition of a 0.2 percent sales and use tax. The MOU, if approved by the Transportation Benefit District Board, will be forwarded to the Auburn City Council for review and possible affirmative action at a near-term regularly scheduled Council meeting. Reviewed by Council Committees: Councilmember: Staff:Snyder Meeting Date:February 22, 2017 Item Number:RES.E AUBURN * MORE THAN YOU IMAGINEDRES.E Page 38 of 46 RESOLUTION NO. 2017-05 A RESOLUTION OF THE AUBURN TRANSPORTATION BENEFIT DISTRICT APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF AUBURN REGARDING A 0.2 PERCENT SALES AND USE TAX WHEREAS, RCW 36.73.040(3)(a) and RCW 82.14.0455 authorize transportation benefit districts (TBD) to impose a sales and use tax of up to 0.2 percent to fund transportation improvements within the TBD subject to a simple majority approval vote by authorized voters within the boundaries of the TBD provided that the tax may not be imposed for longer than 10 years at a time, except to repay debt ; and WHEREAS, the TBD board has previously discussed the potential for engaging in substantive public education effort to provide voters within the district factual and relevant information for a public vote for approval of a 0.2 percent sales and use tax to fund significant transportation improvement projects within the district; and WHEREAS, at its December 13, 2016, meeting, the TBD board reviewed and discussed three different schedules (12-months, 18-months and 24-months) and identified its preference for the 18-months schedule; and WHEREAS, at the December 13, 2016, meeting, the Board also discussed the potential for development and execution of a Memorandum of Understanding (MOU) with the City of Auburn to memorialize the desire of both entities to jointly work together on the aforementioned public education effort including sharing of resources and costs, as applicable; and Resolution No. 2017-05 February 15, 2017 Page 1 of 3 RES.E Page 39 of 46 WHEREAS, the MOU affirms that the Auburn TBD and the City of Auburn jointly identify and agree that there is an obligation to engage in substantive efforts, prior to any public vote on a 0.2 percent sales and use tax, to provide factual and relevant information to ensure that voters make an informed decision; and WHEREAS, further, the MOU affirms that the Auburn TBD and the City of Auburn desire to jointly work together on a public education effort to provide factual and relevant to ensure that voters within the TBD are fully aware of the cost and benefits associated with the imposition of a 0.2 percent sales and use tax. NOW, THEREFORE, THE BOARD OF THE AUBURN TRANSPORTATION BENEFIT DISTRICT HEREBY RESOLVES as follows: Section 1. The Board Chairperson is authorized to execute an Memorandum of Understanding with the City of Auburn regarding the 0.2 percent sales and use tax, which MOU shall be in substantial conformity with the MOU attached hereto as Exhibit A and incorporated herein by this reference. Section 2. The Board Chairperson is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution No. 2017-05 February 15,2017 Page 2 of 3 RES.E Page 40 of 46 Dated and Signed this day of 2017. AUBURN TRANSPORTATION BENEFIT DISTRICT NANCY BACKUS, BOARD CHAIR ATTEST: Danielle E. Daskam, Clerk of the District APPROVED AS TO FORM: Daniel B. Heid, District Legal Counsel Resolution No. 2017-05 February 15, 2017 Page 3 of 3 RES.E Page 41 of 46 Auburn Transportation Benefit CrTitor_. . _ „.W`,District February 22, 2017 - 2:00 PMu WASHINGTON AGENDA I. CALL TO ORDER A. Roll Call II. CONSENT AGENDA A. December 13, 2016 Meeting Minutes* III. ORDINANCES A. Ordinance No. 2017-01* (Coleman) An Ordinance of the Auburn Transportation Benefit District adopting a budget for the year 2017 IV. RESOLUTIONS A. Resolution No. 201.7-01* (Coleman) A Resolution of the Auburn Transportation Benefit District approving an Interlocal Agreement between the Auburn Transportation Benefit District and the State of Washington Department of Licensing B. Resolution No. 2017-02* (Snyder) A Resolution of the Auburn Transportation Benefit District approving certain Transportation Projects to be funded C. Resolution No. 2017-03* (Snyder) A Resolution of the Auburn Transportation Benefit District, Auburn, Washington, approving a Material Change Policy D. Resolution No. 2017-04* (Snyder) A Resolution of the Auburn Transportation Benefit District adopting the 2016 1, Annual Report I( E. Resolution No. 2017-05* (Snyder) Pei j64'` A Resolution of the Auburn Transportation Benefit District approve Memorandum of Understanding with the City of Auburn regardi a 0.2 Sal s vi° e and Use Tax i Ara, V. ADJOURNMENT rt,k4 ' Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Denotes attachments included in the agenda packet. Page 1 of 45 RES.E Page 42 of 46 Page 1 of 4 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AUBURN, WASHINGTON AND THE AUBURN TRANSPORTATION BENEFIT DISTRICT This Memorandum of Understanding (MOU) between the City of Auburn, Washington ("AUBURN"), and the Auburn Transportation Benefit District ("TBD"), each of whom is organized as a Municipal Corporation under the laws of the State of Washington, is dated this __ day of_________ 201_. WHEREAS, AUBURN is empowered to operate, maintain, construct, and reconstruct, public street infrastructure within its city limits in accordance with the powers granted pursuant to RCW 35A.11.020 and Chapter 35A.47 RCW; and WHEREAS, pursuant to Ordinance No. 6377, AUBURN established the TBD whose district boundaries are concurrent with the municipal boundaries of AUBURN and authorized funding for any purpose allowed by law including to operate the District and to make transportation improvements consistent with existing state, regional, and local transportation plans and necessitated by existing or reasonably foreseeable congestion levels pursuant to Chapter 36.73 RCW; and WHEREAS, RCW 36.73.040(3)(a) and RCW 82.14.0455 authorize TBDs to impose a sales and use tax of up to 0.2 percent to fund transportation improvements within the TBD subject to a simple majority approval vote by authorized voters within the boundaries of the TBD, provided that the tax tax may not be imposed for longer than 10 years at a time, except to repay debt; and WHEREAS, the TBD previously identified at a duly advertised December 13, 2016 special meeting its interest in exploring the presentation to authorized voters within the TBD of a ballot measure for approval of a 0.2 percent sales and use tax in November 2018; and RES.E Page 43 of 46 Page 2 of 4 WHEREAS, the TBD and AUBURN identify and agree that there is an obligation to engage in substantive efforts, prior to any public vote on a 0.2 percent sales and use tax to provide factual and relevant information to ensure that voters make an informed decision; and WHEREAS, AUBURN and the TBD desire to jointly work together on a public education effort to provide factual and relevant to ensure that voters within the TBD are fully aware of the cost and benefits associated with the imposition of a 0.2 percent sales and use tax. NOW, THEREFORE, the parties have entered into Memorandum of Understanding to provide each other, the citizens of Auburn and the voters within the TBD transparent understanding and awareness of how the two governmental entities will work together on a substantive public education effort on the costs and benefits of a 0.2 percent sales and use tax prior to a public vote by authorized voters in the TBD in November 2018. 1. Joint Commitment to Provision of Factual and Relevant Information. Auburn and TBD are jointly committed to the provision of only factual and relevant information. Auburn and TBD obligate themselves and all others organizationally affiliated with them to provide only factual and relevant information. 2. Joint Observance of Public Campaign Laws. Auburn and TBD hereby obligate themselves and their affiliates to not engage in direct or indirect campaigning regarding future voter consideration of a 0.2 percent sales and use tax and further obligate themselves to fully observe and follow all local, state and federal laws, standards and practices as pertains to public organizations and public officials engaging in substantive campaigning efforts to influence a vote in their respective roles as public organizations and public officials. 3. Joint Resources and Costs for Public Education Efforts. AUBURN and TBD agree to share resources and, where appropriate, costs, in the provision of factual and relevant public information to assist voters within the TBD in their decision-making for a RES.E Page 44 of 46 Page 3 of 4 future public vote on a 0.2 percent sales and use tax. In all instances, AUBURN and the TBD will provide the public with information on utilization of resources and sharing of costs, where appropriate. 4. Non-Binding. This MOU is jointly entered into by AUBURN and the TBD, is non- binding on either party and is not a legal contract. The MOU is a voluntary recitation of both parties’ interest in working together to transparently provide the voting public in the TBD with factual and relevant information prior to and leading up to a future vote regarding the approval of 0.2 percent sales and use tax. 5. Term. This MOU shall be in place until such time that a public vote on a 0.2 percent sales and use tax takes place and/or Auburn and the TBD jointly agree that it is no longer needed relevant to its intended purpose. 6. Waiver of Counsel Conflict. Although the interests of the City of Auburn and the Auburn Transportation Benefit District are generally consistent, it is recognized and understood that differences may exist or become evident during the course of legal representation. Notwithstanding these possibilities, the City of Auburn and the Auburn Transportation Benefit District, have determined that it is in their individual and mutual interests to have a single legal counsel represent them jointly in connection with this Memorandum of Understanding, as well as any Memorandum of Agreement, Agreement, Contract or Interlocal Agreement between the parties. Accordingly, this confirms understanding and agreement of the City of Auburn and the Auburn Transportation Benefit District that Daniel B. Heid may represent them jointly in connection with the matters with which they are jointly involved, unless expressly stated to the contrary. This will also confirm that the City of Auburn and the Auburn Transportation Benefit District have each agreed to waive any conflict of interest arising out of, and that each will not object to, representation by Daniel B. Heid of each other in the matter described herein. It is further understood and agreed that Daniel B. Heid may freely convey necessary information provided to him by either City of Auburn or the Auburn Transportation Benefit District, and that there will be no secrets as between City RES.E Page 45 of 46 Page 4 of 4 of Auburn and the Auburn Transportation Benefit District unless both expressly agree to the contrary: 7. Effective Date. This Memorandum of Understanding shall be effective upon the last authorizing signature affixed hereto. IN WITNESS WHEREOF, the parties have executed this agreement on the date first written above. CITY OF AUBURN AUBURN TRANSPORTATION BENEFIT DISTRICT _________________________ __________________________________ Nancy Backus, Mayor Nancy Backus, TBD Chairperson APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney RES.E Page 46 of 46