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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 Page 1 Public Works Committee Minutes June 21, 2010 MINUTES 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. Page 2 Public Works Committee Minutes June 21, 2010 MINUTES 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. Page 3 Public Works Committee Minutes June 21, 2010 MINUTES 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. Page 4 Public Works Committee Minutes June 21, 2010 MINUTES 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. Page 5 Public Works Committee Minutes June 21, 2010 MINUTES 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 Page 6 Public Works Committee Minutes June 21, 2010 MINUTES 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. Page 7 Public Works Committee Minutes June 21, 2010 MINUTES 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. Page 8 Public Works Committee Minutes June 21, 2010 MINUTES 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. Page 9 Public Works Committee Minutes June 21, 2010 MINUTES 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 Page 10