HomeMy WebLinkAbout06-21-2010* CITY OF AUBURN
CITY OF * * PUBLIC WORKS COMMITTEE
June 21, 2010
--mAO' WASHINGTON
CALL TO ORDER
MINUTES
Chairman Rich Wagner called the meeting to order at 3:30 p.m. in Conference Room #1, located
on the second floor of Auburn City Hall, One East Main Street, Auburn, Washington. Committee
members present were: Chairman Rich Wagner, Vice-Chair Sue Singer, and Member Bill Peloza.
Also present during the meeting were: Mayor Peter B. Lewis, Councilmember Partridge, Public
Works Director Dennis Dowdy, City Engineer/Assistant Director Dennis Selle, Assistant City
Engineer Ingrid Gaub, Utilities Engineer Dan Repp, City Attorney Dan Heid, Finance Director
Shelley Coleman, Project Engineer Ryan Vondrak, Traffic Engineer Pablo Para, Strom Drainage
Engineer Tim Carlaw, Engineering Aide Amber Mund, Financial Planning Manager Karen Jester,
Planning Manager Elizabeth Chamberlain, Environmental Protection Manager Chris Andersen,
and Department Secretary Jennifer Rigsby.
CONSENT AGENDA
A. APPROVAL OF MINUTES
It was moved by Vice-Chair Singer, seconded by Member Peloza, that the Committee approve
the Public Works Committee minutes for date, June 2010.
Motion carried 3-0.
B. PERMISSION TO ADVERTISE FORBIDS FOR PROJECT NO. CP1014, COMMERCIAL
BUILDINGS DEMOLITION PROJECT
Project Engineer Vondrak advised the Committee that the Parks and Recreation Department
will be relocating the Faces of Auburn murals that are on the Crites/Huff Building, prior to the
building's demolition.
Member Peloza asked the Committee if they had heard any information regarding the vacant
buildings on the W. Main Street block, which are not being demolished, referencing a
discussion at the May 3, 2010 Public Works Committee meeting. Chairman Wagner stated
that Mayor Lewis was going to communicate with the properties' owner regarding the buildings.
Member Peloza commented on how the remaining structures will affect the aesthetics of the
Downtown City Hall Extended Plaza. Assistant Director/City Engineer Selle stated that the
plan is to make improvements to the corner parcel on S. Division Street and W. Main Street
that are compatible with the plaza development at City Hall. Vice-Chair Singer pointed out that
the City is not able to demolish the buildings at the City's expense because the City does not
own the properties. The Committee discussed options for the properties. Member Peloza
suggested an agreement be made with the developer and the property owners to have the
buildings taken down. The Committee discussed possibly phasing the demolition project of the
Marvel and Crites/Huff buildings.
Assistant Director/City Engineer Selle spoke about the cost savings of demolishing both of the
proposed project sites rather than demolishing the Marvel building at Main and S Division
Street now and then the building at 1St Street SE and S Division Street later. Chairman
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Wagner suggested the conversation be postponed until Mayor Lewis arrives at the meeting to
contribute. The Committee agreed.
Committee discussion continued, with Mayor Lewis present. In response to questions asked
by Member Peloza, Mayor Lewis explained that a banking company currently owns the two
buildings west of the Marvel demolition site. Mayor Lewis stated that the bank had been
contacted by the City and was asked to stay in contact regarding the demolition cost of the two
buildings so they might work in conjunction with the City's contractor and possibly take
advantage of cost savings. The Committee and Mayor Lewis discussed the City's options for
working with the bank regarding the properties. Chairman Wagner asked if a Latecomer's
Agreement could be used in this situation. Finance Director Coleman will ask City Attorney
Heid if that would be possible.
The Committee and Mayor Lewis continued discussion regarding the properties. Chairman
Wagner asked if it would be beneficial for the project bids to be phased and have one phase
include the demolition of the bank owned properties. Mayor Lewis stated that the bank could
contact the City's low bidder to obtain a quote for demolition. City Attorney Heid stated
changes to the bid document could be made to include a request for the City's contractor to
cooperate with the other property owners but could not commit them to working for the other
property owners.
It was moved by Vice-Chair Singer, seconded by Member Peloza, that the Committee
recommend Council grant permission to advertise for bids for Project No. CP1014 Commercial
Buildings Demolition Project.
Motion carried 3-0.
C. PERMISSION TO ENTER INTO CONSULTANT AGREEMENT NO. AG-C-383 WITH KPG,
INC. FOR ENGINEERING SERVICES FOR PROJECT NO. CP1005, THE SOUTH DIVISION
STREET PROMENADE PROJECT
Referencing the Promenade Location Map, Chairman Wagner commented on the utility trench
restoration included in the project scope. Chairman Wagner asked for additional explanation
regarding the trench restoration, which includes only portions of 2nd Street and 1St Street.
Assistant Director/City Engineer Selle responded that staff has reviewed, comprehensively,
what is needed to provide utility service, and support future development on the four blocks
included in the project's scope. Selle stated that the majority of the improvements are to the
sanitary sewer lines, which will need to be relocated from the alleyways, and that some of the
storm and water improvements that were needed have already been completed as part of past
projects in the area. Selle stated that the scope of the project is consistent with the
comprehensive composites reviewed by the Committee previously that showed where the
existing utilities are and the proposed upgrades for the Downtown Area. Chairman Wagner
stated that, in his view, the objective of the Promenade Project is to prepare the streets and
utilities Downtown for development of the four block Auburn Junction area and questioned
whether storm drainage issues can be solved when only half of 1St Street SE, 2nd Street SW
and 2nd Street SE are included in the scope of the project. Assistant Director/City Engineer
Selle stated that this agreement will allow the design of the project to move forward and once
the design phase has started staff can come back to the Committee and review how the actual
design will serve the area for utilities and what restoration will need to be completed. Selle
said that design of the utilities is part of the scope for the consultant to complete.
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Selle responded to questions asked by Chairman Wagner regarding the project budget.
Mayor Lewis stated that it is the intent to ensure that the budgeted funds do set up the
Downtown blocks for new development. Chairman Wagner asked that staff and the consultant
be diligent in making sure that all of the needed utility work is included in the scope of the
project and that the project remains within budget.
Chairman Wagner and Vice-Chair Singer discussed whether or not the Washington State
University IDeX project would be expected to contribute to the Promenade Project. Chairman
Wagner spoke about how the use of pervious concrete in the project may help with mitigation
costs.
Member Peloza verified that there are no general funds monies being used in the project.
It was moved by Vice-Chair Singer, seconded by Member Peloza, that the Committee
recommend Council grant permission to enter into Consultant Agreement No. AG-C-383 with
KGP Inc for engineering services for Project No. CP1005, The South Division Promenade
Project.
Motion carried 3-0.
III. ISSUES
A. ORDINANCE NO. 6312 AMENDING SECTIONS 2.03.030 AND 12.04.050 OF THE AUBURN
CITY CODE RELATING TO AUTHORITY OF THE MAYOR
Assistant City Engineer Gaub answered questions asked by Vice-Chair Singer regarding the
memo reference to ACC 3.10.020. Gaub explained that ACC 3.10.020 is the purchasing
policy and the code states that unbudgeted items over $25,000.00 must be approved by
Council and it gives the Mayor the authority to approve unbudgeted items up to $25,000.00.
Chairman Wagner asked if the ordinance makes changes to City codes regarding
condemnation. Gaub answered that the ordinance does not authorize condemnation in any
manner. City Attorney Heid stated that condemnation would require completely separate
resolutions and ordinances that must be approved by Council for the specific condemnation
action.
Assistant City Engineer Gaub explained that the changes to the code would allow the Mayor to
negotiate agreements and execute documents necessary to complete property acquisition and
easements, which are needed for the completion of budgeted projects, as long as the costs
are within the approved budget, as per ACC 3.10.020. Assistant Director/City Engineer Selle
said that this process has not been clearly identified in the City Code, in response to questions
asked by Vice-Chair Singer.
City Attorney Heid said that what staff is trying to accomplish is to allow the City and the Mayor
to move forward with project negotiations as long as they are within the framework of the
budget and the project has already been identified. Chairman Wagner asked if "budget"
referred to the secured budget funds. Assistant City Engineer Gaub answered the secured
budget. Assistant Director/City Engineer Selle said that pending grants would not apply.
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It was moved by Vice-Chair Singer, seconded by Member Peloza, that the Committee
recommend Council adopt Ordinance No. 6312.
Motion carried 3-0.
B. RESOLUTION NO. 4605 SETTING A PUBLIC HEARING FOR RIGHT-OF-WAY VACATION
NO. V5-09 FOR VACATION OF THE REMAINING PORTION OF ALLEY BETWEEN 3RD ST
NE AND 4T" STREET NE, EAST OF E STREET NE FOR THE AUBURN SCHOOL DISTRICT
NO 408
Engineering Aide Mund was present. There were no questions from the Committee.
It was moved by Vice-Chair Singer, seconded by Member Peloza, that the Committee
recommend Council adopt Resolution No. 4605.
Motion carried 3-0.
C. RESOLUTION NO. 4609 AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF AUBURN AND THE LOWEST RESPONSIBLE
BIDDER FOR PUBLIC WORKS CONTRACT NUMBER 09-04, PROJECT NUMBER CP0819,
PEASLEY CANYON RD CULVERT REPLACEMENT
Assistant City Engineer Gaub was present. Chairman Wagner asked if staff had heard if the
funds from the 15th Street Culvert Project were able to be transferred to the Peasley Canyon
Culvert Replacement Project. Environmental Protection Manager Andersen stated that there
has been no response to the City's request yet.
It was moved by Vice-Chair Singer, seconded by Member Peloza, that the Committee
recommend Council adopt Resolution No. 4609.
Motion carried 3-0.
IV. DISCUSSION AND INFORMATION
A. ORDINANCE NO. 6313 AMENDING ORDINANCE NO. 6215, THE 2009-2010 BIENNIAL
BUDGET ORDINANCE AS AMENDED BY ORDINANCE NOS. 6226, 6246, 6278, 6285 AND
ORDINANCE NO. 6299 AUTHORIZING AMENDMENT TO THE CITY OF AUBURN 2009-2010
BUDGET AS SET FORTH IN SCHEDULE "A"
Finance Director Coleman explained that the mid year budget amendment's focus is to adjust
beginning fund balances to agree to the ending balances of the previous year. Coleman
stated that the amendment also includes some bonds that fund the Promenade and Downtown
City Hall Plaza Projects, funds for property acquisition for the M Street Grade Separation
Project, funds for the Washington State University IDeX project for sustainable management of
storm water and billing from King County for levee work they did on the east side of the Green
River. Coleman reported that the Solid Waste Fund's revenues and expenses have been
revised due to the reduction in landfill revenues and reduction in fees collected from
commercial customers. The funding for the King County Animal Control Services is also
included in the amendment.
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Finance Director Coleman discussed the Animal Services Coordinator position and animal
services marketing and program costs, in response to questions asked by Member Peloza.
Vice-Chair Singer spoke about the ramifications of the Solid Waste Fund revenue being
reduced and monies being taken from the fund for the Community Center. Vice-Chair Singer
referenced the Planning and Community Development Committee Meeting minutes and the
possibility of a rate increase. Finance Director Coleman responded that a rate increase may
need to be considered because the ending working capital is being significantly reduced.
Director Coleman stated there is about two and a half years remaining in the waste
management contract and rate increases are not eminent and are not scheduled for this year.
Member Peloza commented that rates for solid waste have not been increased in a long time.
Mayor Lewis verified that it has been three years since a rate increase. Mayor Lewis stated
that a rate increase is not an immediate concern.
Director Coleman and Mayor Lewis answered questions asked by Member Peloza regarding
the Intergovernmental Service amendment requested and King and Pierce County election
costs.
Director Coleman provided clarification for the White River buffer enhancement line item, on
Page 7 of Schedule A, in response to questions asked by Chairman Wagner. A $2,000 grant
was received and the line item represents the expenditure of the grant funds.
Vice-Chair Singer asked if the line item for Animal Services would remain on the schedule if
the City did not contract with King County for longer than six months. Mayor Lewis stated that
there would be another budget amendment brought forward if that was the case.
Chairman Wagner asked for additional details regarding the Fund 102 Arterial Streets
Revenue line item Federal Grant-Indirect. Assistant City Engineer Gaub explained that the
current budget includes almost $4 million in grant dollars for the M Street Grade Separation
project that the City has not receive yet. The line item corrects that and adds the funds for the
Right-of-Way acquisition from REET 2, Traffic Impact Fees, and Traffic Mitigation Fees, as
previously discussed with the Committee.
Finance Director Coleman answered questions asked by Chairman Wagner regarding the
Fund 119 Community Development Block Grant.
Chairman Wagner asked if the City is disputing the King County billing for installing the
eastside levee, listed on Page 12, Fund 432 Storm Drainage Revenues, Intergovernmental
Services. Assistant Director/City Engineer Selle stated the City has requested additional
information regarding the billing and it is under review, but a dispute has not yet been filed.
The Committee and staff reviewed billing for Fund 434 Solid Waste Revenues. Chairman
Wagner asked if projected residential growth rates caused the budget to be too high. Director
Coleman stated that some of the over budgeting was due to construction loss and some
because the growth projection was too high.
After reviewing Fund 518 Information Services, Chairman Wagner asked if a reduction in
charges to the departments is being considered due to the amount of Working Capital.
Coleman stated that a rate reduction is being reviewed for next year's budget.
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Finance Director Coleman provided more explanation regarding Fund 501 Insurance, following
a request from Member Peloza. Chairman Wagner asked if there have been any changes in
the insurance rates following Council's relinquishment of quasi-judicial authority. Mayor Lewis
stated that the insurance rates did not increase and insurance services were not discontinued.
Chairman Wagner voiced his concern that the scope of the City Hall Plaza project had
expanded and increased in cost. Mayor Lewis stated only the cost of demolition had
increased.
Mayor Lewis asked that Planning Manager Chamberlain provide the Council with additional
copies of the conceptual design of the Downtown Plaza and Promenade.
Chairman Wagner and Mayor Lewis discussed the City's acquisition of the Marvel Deli
property. Vice-Chair Singer spoke about the presentations given by staff regarding the
Extended City Hall Plaza at the Downtown Redevelopment Committee Meetings and how the
plaza space will increase the value of the surrounding properties and act as an economic
engine for the revitalization of Downtown. Chairman Wagner voiced his objection to a
downtown park concept and the redistribution of funds that could be spent on the Promenade
Project, which may experience an unanticipated increase in engineering costs for utility
improvements, to the plaza. Mayor Lewis pointed out that there is a certain amount of the
Local Revitalization Funds that have been allocated to the plaza and there have not been
many adjustments made to the plaza budget with the exception of adding the demolition.
Finance Director Coleman reviewed the Local Revitalization Fund and City Hall Plaza budget.
Coleman stated that there are still monies in the range of $600,000 that need to be dedicated
in the fund and there is also a large contingency in the Promenade Project. Mayor Lewis
spoke about the how the recent reduction in bids has created a surplus for most projects.
Chairman Wagner stated that he would like the Local Revitalization Fund surplus to be
reserved for utilities in the Promenade Project.
Chairman Wagner discussed his meeting with Assistant Director/City Engineer Selle, Utilities
Engineer Repp and Intern Jim Erwin-Svoboda regarding pervious pavements and storm
drainage issues that may be addressed in the plaza. It does not appear it will be worth
incorporating pervious concrete into the plaza design, but it may still be included in the design
of the promenade. Mayor Lewis spoke about the design and appearance of the plaza and
promenade, following questions from Vice-Chair Singer.
The Committee discussed the stormwater features that will be incorporated into the designs of
the plaza and promenade.
Finance Director Coleman distributed a summary spreadsheet that tied the budget
amendments to the original budget. Chairman Wagner asked what restrictions are on using
traffic impact fee funds. Coleman stated that traffic impact fees can be used on any capacity
project in the City and the traffic mitigation fee can be used on any City project.
B. IRON HORSE CASINO
Finance Director Coleman reported that the Iron Horse Casino is requesting a reduction in their
card room tax, which is 12%. The casino currently owes the City approximately $317,000.00 in
back taxes. Coleman reviewed the casino's financial statements, dated back from 2005 and,
in her opinion, if there is not a reduction in the tax rate the casino will close. The casino has
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requested a four-year reduction. Staff is recommending a two-year reduction, from 12% to
4%, at this time.
Chairman Wagner supported the two-year reduction. The Committee concurred. Member
Peloza recommended that a payment schedule for the back taxes owed be included in the
promissory note. Coleman stated that a schedule would be included.
Chairman Wagner asked if the financial statements showed the earnings from each specific
type of card table. Director Coleman said the statements did not show that detail, only gross
amounts.
The Committee was in consensus with a two-year reduction, as proposed by staff.
C. PROPOSED CITY CODE RELATED TO LATECOMERS AGREEMENTS FOR STREET
IMPROVEMENTS
Assistant City Engineer Gaub stated that staff used the current RCW, examples from
surrounding jurisdictions and guidance from City Attorney Heid to develop the City's proposed
Street Latecomer's Agreement code. Chairman Wagner asked if any of the other jurisdictions
were facing lawsuits regarding their Latecomer's Agreements. City Attorney Heid answered
they did not indicate so.
Chairman Wagner asked at what time, within the 15 year period for assessment
reimbursement, would the party being assessed by agreement have to start paying it back.
Assistant City Engineer Gaub stated the payment would occur when the property is actually
developed. City Attorney Heid provided additional clarification.
Chairman Wagner asked why delay improvement agreement extensions beyond 15 years
could not be included in the Latecomer's Agreement, as they are in the Local Improvement
District Agreements. City Attorney Heid answered that the statute puts a deadline on being
able to go back and require payment in this instance, 15 years is the maximum.
Section 12.70.010 Definitions, Item 2: Chairman Wagner asked if the definition should be
more specific. Assistant Director/City Engineer Selle stated that the ordinance gives the
authority to evaluate the assessment area on a case-by-case basis to ensure the area meets
the test of a benefit. Selle said that when the actual agreement is written with the assessment
area, the agreement would go through the Council process for approval. Chairman Wagner
suggested "as determined by traffic analysis," be included in the definition. City Attorney Heid
spoke about the review and modification process and suggested the definition not be made
too specific. Assistant City Engineer Gaub pointed out that Section 12.70.090 addressed the
formulation of the reimbursement area and the City Engineer bringing the preliminary
determination on the assessment reimbursement area and method of assessment to a hearing
of the City Council. It was decided that this covered the concern and the definition did not
need to be modified.
Section 12.70.070 Application - Contents: Chairman Wagner asked what the amount of the
application fee would be. Assistant City Engineer Gaub answered that fee has not been
determined yet. Assistant Director/City Engineer Selle stated that staff would be coming back
to the Committee with a recommendation that will probably be similar to the utility payback
agreement fees but may be slightly higher given the requirement for a hearing in the proposed
code.
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Assistant Director/City Engineer Selle answered questions asked by Chairman Wagner
regarding the affect the Latecomer's Agreement will have on the requirements for Half-Street
Requirements. Chairman Wagner asked that the last paragraph of section 12.70.080 be
clarified per the discussion.
Section 12.70.090 Formation of reimbursement area: Chairman Wagner recommended the
time to publish the notice of hearing on propose ordinances be extended longer than 10 days
and would prefer to see 20 days.
The Committee agreed that the proposed ordinance should move forward in the Council
process.
D. PUYALLUP RIVER CORPS GENERAL INVESTIGATION STUDY (Repp)
Mayor Lewis stated that Pierce County sent the City a proposed request and schedule for
becoming a member agency involved in a Corps General Investigative Study of the Puyallup
River. The Mayor stated that the formula used in the proposed cost sharing does not fit the
City's situation since the City's cost share would likely be more based on population that the
City's General Fund so the amount they are proposing appears to be more that a fair share for
Auburn. Mayor Lewis asked staff to respond; proposing to participate based on a more
equitable basis such as the City's area or assessed value located in Pierce County. Chairman
Wagner commented on the importance of maintaining an open dialogue with Pierce County.
Director Dowdy distributed the proposed Near Term Funding spreadsheet for the Puyallup
River General Investigation, which demonstrated the proposed distribution of local match to
the Committee. Dowdy reported that Pierce County has formed a countywide flood control
district but it is not funded yet.
The Committee and Director Dowdy reviewed the spreadsheet. Dowdy stated that the entire
basin would be included in the general investigation study, which will take approximately 4 to 5
years to complete. The spreadsheet represents the Corps total budget with the local
contributors paying half.
Member Peloza asked for clarification on the purpose of the study. Director Dowdy
responded, explaining that the purpose of a general investigation study is to look at the
potential for flooding issues associated with the river and work up benefits and costs for doing
improvements within the basin. Dowdy described some of the improvements that may be
considered by the Corps.
Environmental Protection Manager Andersen explained the process the Corps uses for
identifying projects on a basin-wide scale.
The Committee and staff reviewed how the proposed distributed contributions from the Cities
where calculated. Director Dowdy stated that he spoke with a representative from Pierce
County and explained how the City participates in King County's Flood Control District, through
the property tax base. This is a fair way of assessing the property owners in the county for the
benefits of what the Flood Control District is doing for that property. Director Dowdy suggested
that the proposed formula does not fit the City very well. Director Dowdy spoke about his
discussion with the County.
The Committee and staff discussed funding options to participate in the study.
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Environmental Protection Mangers spoke about the regional implication of the flood threat on
the Puyallup River and economical development impacts in Auburn.
The Committee discussed the rezoning of the Auburn-Riverside High School property.
Member Peloza suggested using the WIRA9 agreement as a model for an agreement with
Pierce County.
Chairman Wagner stated he was in favor of working with Pierce County, but not using the
proposed contribution distribution of funding. The Committee agreed.
E. CAPITAL PROJECT STATUS REPORT
Item 7 - Project No. CP0701 - 8th & R Street Traffic Signal: Chairman Wagner asked about
the timeline for the project. Assistant City Engineer Gaub said that there is not a strict deadline
for the projects construction and the project can be awarded at the July 6th Public Works
Committee and Council Meetings.
Item 6 - Project No. CP0817 - 2009 Sewer & Storm Pump Station Replacement - Phase A
Dogwood: Assistant City Engineer Gaub responded to questions asked by Member Peloza
regarding the estimated date for material delivery. Staff is waiting to receive a delivery date
from the manufacturer and the date will be included on the CPS Report once received.
Item 15 - Project No. CP1011 - Tacoma Pipeline 5 & B St NE Intertie: Director Dowdy
explained that the pipeline is needed to take advantage of the settlement agreement with
Cascade, in response to questions by Member Peloza. Member Peloza asked if the project is
in the Lea Hill area, as stated on the CPS Report. Director Dowdy stated it is not and the
report will be corrected.
Chairman Wagner asked if the project includes just the valve or also the pipes that connect to
the City system. Assistant City Engineer Gaub answered that the entire connection is included
as well as the pressure reducing station needed.
Item 33 - Project No. CP0638 - 15th Street NW Culvert Maintenance: Assistant City Engineer
Gaub explained that the culvert cleaning portion of the project and the design work is on hold
and the Planning Department is still working on coordinating with a volunteer group to do the
planting in the ditch.
Item 24 - Project No. CP0756 - Lea Hill Pump Station Decommissioning Phase 2: Assistant
City Engineer Gaub responded to questions asked by Vice-Chair Singer regarding the
Verdana development.
Item 8 - Proiect No. CP1012 - 2010 Arterial/Collector Pavement Preservation Proiect:
Member Peloza asked when construction on I Street will begin. Assistant City Engineer Gaub
answered that I Street is part of the Arterial Street Project and the bid opening for the project
will take place on June 22, 2010 and construction of the overall project will start in July, the
exact schedule for I Street will depend on the Contractor's scheduling of the work.
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V. ADJOURNMENT
There being no further business to come before the Public Works Committee, the meeting was
adjourned at 5:27 p.m.
Approved this 6th day of July, 2010.
Rich Wagner
Chairman
Jennifer Rigsby
Public Works Department Secretary
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