HomeMy WebLinkAboutAgenda ModificationFINANCE COMMITTEE
1NASH INGTON
February 1, 2010
AGENDA MODIFICATION
The agenda modification transmits revised Ordinance No. 6287 and adds
the following discussion item:
III. ORDINANCES AND RESOLUTIONS
A. Ordinances
1. Ordinance No. 6287* (Heid)
03.0
An Ordinance of the City Council of the City of Auburn,
Washington, amending Chapter 2.25 of the Auburn City
Code relating to the Planning and Community Development
Department
IV. DISCUSSION ITEMS
D. Seventh Amendment to Purchase and Sale Agreement with
Auburn Regional Medical Center, Inc* (Heineman)
ORDINANCE NO. 6 2 8 7
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
CHAPTER 2.25 OF THE AUBURN CITY CODE
RELATING TO THE PLANNING AND COMMUNITY
DEVELOPMENT DEPARTMENT
WHEREAS, the City of Auburn has a number of different departments
under the Mayor's supervision and management; and
WHEREAS, in keeping with the Mayor's responsibilities for the
coordination of the activities and functions of the various city departments, it is
appropriate to rename the Planning and Community Development Department to
the Planning and Development Department, consistent with his management and
use of the department.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to Citv Code. That Chapter 2.25 of the
Auburn City Code be and the same hereby is amended to read as follows:
Chapter 2.25
PLANNING AND COMMUNITY-DEVELOPMENT DEPARTMENT
Sections:
2.25.010 Planning department created.
2.25.020 Duties of the director of planning and eemmunity
development.
2.25.030 Duties of planning and semmunitjf-development department.
2.25.010 Planning department created.
There is created a planning department of the city, which shall be under
the supervision of the director of planning and seMMURoty-development. The
director of planning and seMMun+iy-development shall be appointed by the
mayor. For the purposes hereon whenever the Auburn Citv Code refers to a
"Planninq Director " that shall be construed to mean and is consistent with the
terms "Planninq and Development Director." (Ord. 4729 § 1, 1996.)
Ordinance No. 6287
January 20, 2010
Page 1 of 4
2.25.020 Duties of the director of planning and semm-un+#y development.
The director of planning and semrnunit~-development will have the
following duties:
A. Supervise and administer the planning and semmunit
development department, ' pe~, whose duties include but are not MUROG'pal limited to long range and current planning, land use code administration,
development en ineerinq, code enforcement, buildinq services and
environmental management,~ r~vernmeRtal--a##a-iFs, "^u°*^^ and hurvian
. (Ord. 4729 § 2, 1996.)
2.25.030 Duties of planning and sE)MMunitY-development department.
The planning and GomFnunoty development department shall supervise
and control the following:
A. Preparation and implementation of the budget for the department;
B. Formulate and recommend comprehensive goals on planning;
C. Ensure compliance with statutory requirements relative to
environmental issues;
D. Direct preparation and review of environmental impact statements
and technical reports and determine final action on environmental issues;
E. City's responsible official for SEPA compliance;
F. ;
;
H -Provide staff to planning commission, human resources committee,
, hearing examiner and planning and community
development committees;
IG. Coordinate with public works and parks and recreation department
to ensure departmental plans are compatible with the comprehensive plan;
J-. H Coordinate with police, fire, public works and parks and recreation
department regarding developer plans to ensure department ability to provide
required services to developing areas;
KI. Represent city on regional issues;
LJ. Coordinate with other jurisdictions and agencies to resolve issues
with neighboring jurisdictions;
MK. Develop and maintain the comprehensive plan and special purpose
plans;
NL. Provide lead in annexation issues;
9M. Develop and maintain zoning ordinance;
R N. Act as liaison to Auburn Chamber of Commerce and Auburn
Downtown Association;
QO. Ensure compliance with the Growth Management Act;
RP. Oversee process for new developments;
SQ. Oversee variance requests;
TR. Provide support to hearing examiner;
Ordinance No. 6287
January 20, 2010
Page 2 of 4
U.
. (QFd. ,
Section 2. Code Reviser. The Code Reviser is authorized to make
additional amendments as necessary to reflect this change and maintain
consistency throughout the City Code.
Section 3. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 4. Severabilitv. 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 #his ordinance, or the validity of its application to other persons
or circumstances.
Section S. 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
PETER B. LEWIS
MAYOR
Ordinance No. 6287
January 20, 2010
Page 3 of 4
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Ordinance No. 6287
January 20, 2010
Page 4 of 4
Published:
SEVENTH AMENDMENT TO
PURCHASE AND SALE AGREEMENT
THIS SEVENTH AMENDMENT TO PURCHASE AND SALE AGREEMENT (this
"Amendment") is entered into as of the day of January, 2010, by and between the CITY
OF AUBURN, a Washington municipal corporation ("City"), and AUBURN REGIONAL
MEDICAL CENTER, INC., a Washington corporation ("ARMC"), with reference to that certain
Purchase and Sale Agreement between the parties dated as of January 24, 2005, as amended
February 9, 2005, June 22, 2005, July 7, 2005, July 21, 2005, January 24, 2006, March 5, 2008,
and October 31, 2008 (collectively, the "Agreement").
For good and valuable consideration, the receipt and sufficiency of which are hereby
mutually acknowledged, City and ARMC hereby agree that the Agreement is amended as
follows:
A. Adjusted Size of Parking Facility. Notwithstanding anything to the contrary in
Recitals C and D to the Agreement or in the Fifth and Sixth Amendments to Purchase and Sale
Agreement, City and ARMC hereby acknowledge and agree that the Parking Facility shall
contain three hundred six (306) vehicular parking spaces and the Condominium Unit shall
contain one hundred forty-five (145) vehicular parking spaces.
B. Parking Facility Condominium. Notwithstanding anything to the contrary in
Section 14.4 of the Agreement, City and ARMC hereby acknowledge and agree that the right of
first refusal described in Section 14.4 of the Agreement instead shall be a right of first offer as
described in the Condominium Declaration approved by City and ARMC.
C. Modification of Section 14.5. Section 14.5 of the Agreement is hereby deleted
and replaced in its entirety with the following:
14.5 Operations. The Parking Facility shall be designed in such a
manner as to provide for a single vehicular access entrance/exit for
the joint use of City and ARMC (and their respective employees
and invitees). The Condominium Documents shall provide for
maintenance, repair, and replacement of the structural and common
elements of the Parking Facility through assessment and the
Condominium owner's association.
E. Liability for Real Estate Excise Tax. City and ARMC believe that the
conveyance of the Condominium Unit by ARMC to City is exempt from real estate excise tax
under WAC 458-61A-201(1) because no consideration is to be given by City to ARMC in
exchange for the Condominium Unit, and City has confirmed the correctness of that belief with
an official of the Washington State Department of Revenue. Notwithstanding the foregoing,
City and ARMC hereby acknowledge and agree, consistent with Section 7.2.1 of the Agreement,
that City shall be liable for any real estate excise tax due in connection with the conveyance of
the Condominium Unit, including without limitation any tax, interest, and penalties, in the event
DWT 13781652v1 0018516-000023
any such tax, interest, or penalties are due in connection with the conveyance of the
Condominium Unit.
F. Approval of Condominium Documents; Description of Condominium Unit.
City and ARMC hereby acknowledge and agree that they have approved the forms of the
Condominium Documents as described in Section 14.4 of the Agreement and that the
Condominium Unit to be conveyed by ARMC to City comprises Condominium Units 4, 5, 6, 9,
11, 12, 13, 14, 19, 20, 21, 22, 27 and 29 as described in the Condominium Documents. The
Condominium Documents approved by City and ARMC include without limitation the
Condominium Documents transmitted by ARMC's counsel to City's counsel on December 13,
2009, and the November 11, 2009, revised version of the Condominium Survey Map and Plans.
SIGNED in duplicate original as of the date first above written.
CITY:
CITY OF AUBURN
By
Peter B. Lewis, Mayor
Attest:
City Clerk
Approved as to form:
Auburn City Attorney
ARMC: AUBURN REGIONAL MEDICAL CENTER, a
Washington corporation
By -
Name
Title
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