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HomeMy WebLinkAbout07-05-2011 Agenda City Council Meeting July 5, 2011 - 7:30 PM Auburn City Hall AGENDA Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER A. Flag Salute B. Roll Call C. Announcements, Appointments, and Presentations 1. Intersection Safety Access Revisions (Wagner/Dowdy) Public Works Director Dowdy to present information on intersection safety access revisions. D. Agenda Modifications II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings No public hearing is scheduled for this evening. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. C. Correspondence There is no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services 1. June 27, 2011 Minutes* (Peloza) B. Planning & Community Development 1. June 27, 2011 Minutes* (Norman) C. Public Works 1. June 20, 2011 Minutes* (Wagner) D. Finance 1. June 20, 2011 Minutes* (Backus) E. Les Gove Community Campus F. Downtown Redevelopment G. Council Operations Committee IV. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on state, regional and local organizations. A. From the Council B. From the Mayor V. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the June 20, 2011 City Council Meeting* B. Claims Vouchers (Backus/Coleman) Claims check numbers 405246 through 405861 in the amount of $2,462,923.26 and dated July 5, 2011. C. Payroll Vouchers (Backus/Coleman) Payroll check numbers 531610 through 531713 in the amount of $349,345.52 and electronic deposit transmissions in the amount of $1,153,530.15 for a grand total of $1,502,875.67 for the period covering June 16, 2011 to June 29, 2011. D. Public Works Project No. C201A* (Wagner/Dowdy) City Council award Contract No. 11-17, to Buckley Recycle Center, Inc. on their low bid of $155,360.00 plus Washington State sales tax of $14,759.20 for a total contract price of $170,119.20 for Project No. C201A - Residential Buildings Demolition E. Public Works Project No. C410A* (Wagner/Dowdy) City Council approve Change Order No. 1 in the amount of $9,865.34 to Contract No. 11-12 for work on Project No. C410A, 277th Wetland Mitigation Monitoring (Annual). F. Public Works Project No. CP0803* (Wagner/Dowdy) City Council grant permission to advertise for bids for Project No. CP0803, 37th Street SE/R Street SE Pedestrian Connector. G. Public Works Project No. CP0916* (Wagner/Dowdy) City Council grant permission to advertise for bids for Project No. CP0916 - West Valley Highway Improvements. H. Public Works Project No. CP1002* (Wagner/Dowdy) City Council approve Change Order No. 1 in the amount of $75,000 to Contract No. 10-03 for work on Project No. CP1002 - 2010 Local Street Pavement Preservation Project. I. Public Works Project No. CP1108* (Wagner/Dowdy) City Council grant permission to advertise for bids for Project No. CP1108, 2011 City Wide Storm Pond Cleaning. J. Utility Leak Adjustment Request (Wagner/Coleman) City Council approve a water utility adjustment to account number 015891, for Libuse Moravec in the amount of $704.51 for a water leak. (ACTION REQUESTED: City Council approve the Consent Agenda.) VI. UNFINISHED BUSINESS There is no unfinished business. VII. NEW BUSINESS There is no new business. VIII. ORDINANCES A. Ordinance No. 6368* (Norman/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, amending Chapters 18.04, 18.26.020, 18.28.020, 18.29.053, 18.30.020, 18.32.020, 18.34.020 of the Auburn City Code for the purpose of allowing the following land uses in the Downtown Urban Core, and the Commercial and Industrial Zoning Districts: A Small Craft Distillery, and Small Craft Brewery, a Wine Production Facility, and to allow Tasting Rooms (ACTION REQUESTED: City Council introduce and adopt Ordinance No. 6368.) IX. RESOLUTIONS A. Resolution No. 4715* (Norman/Snyder) A Resolution of the City Council of the city of Auburn, Washington, related to the Auburn Environmental Park Wetlands Trail Boardwalk Project; providing for an exception to competitive bidding and authorizing the Mayor and City Clerk to execute an agreement between the City of Auburn and the Washington State Department of Ecology Washington Conservation Corps (ACTION REQUESTED: City Council adopt Resolution No. 4715.) B. Resolution No. 4718* (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a Cooperative Purchasing Agreement with Houston-Galveston Area Council for the purpose of purchasing general supplies and equipment (ACTION REQUESTED: City Council adopt Resolution No. 4718.) C. Resolution No. 4719* (Wagner/Dowdy) A Resolutoin of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a Cooperative Purchasing Agreement with the U.S. Communities for the purpose of purchasing general supplies and equipment (ACTION REQUESTED: City Council adopt Resolution No. 4719.) D. Resolution No. 4720* (Peloza/Lee) A Resolution of the City Council of the City of Auburn, Washington, formally accepting a grant from the State of Washington, Military Department in an amount not to exceed Eighty Seven and One-half percent (87.5%) of actual expenditures as reimbursement from the Federal Emergency Management Agency and the State of Washington for expenses incurred by the City of Auburn during the January 2011 storm event (ACTION REQUESTED: City Council adopt Resolution No. 4720.) E. Resolution No. 4721* (Peloza/Lee) A Resolution of the City Council of the City of Auburn, Washington, authorizing the acceptance of a grant from the Washington Service Corps to provide two full-time members to the City of Auburn, and authorizing the Mayor and City Clerk to execute the necessary agreements to accept said members (ACTION REQUESTED: City Council adopt Resolution No. 4721.) F. Resolution No. 4722* (Peloza/Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the City to apply for state grant funds in the amount of $9,895 from the Washington State Department of Transportation to rehabilitate the airport apron, update the Airport Master Plan, and to improve airport drainage and erosion control, and authorizing the execution of the grant agreement therefor (ACTION REQUESTED: City Council adopt Resolution No. 4722.) G. Resolution No. 4723* (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to award and execute an agreement with the lowest responsible bidder for construction of Public Works Contract Number 11-09 for Project CP1101, 2011 Local Street Pavement Preservation Project - Phase 1 (ACTION REQUESTED: City Council adopt Resolution No. 4723.) H. Resolution No. 4724* (Backus/Coleman) A Resolution of the City Council of the City of Auburn, Washington, declaring certain items of property as surplus and authorizing their disposal (ACTION REQUESTED: City Council adopt Resolution No. 4724.) I. Resolution No. 4725* (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor and City Clerk to negotiate and execute a Purchase Agreement with Covington Water District and King County Water District #111 (ACTION REQUESTED: City Council adopt Resolution No. 4725.) X. 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. AGENDA BILL APPROVAL FORM Agenda Subject: Intersection Safety Access Revisions Date: June 27, 2011 Department: Public Works Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: Background Summary: There will be an informational memo distributed to the City Council prior to the meeting. Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:July 5, 2011 Item Number:AN.0 AUBURN * MORE THAN YOU IMAGINEDAN.0 AGENDA BILL APPROVAL FORM Agenda Subject: June 27, 2011 Minutes Date: June 28, 2011 Department: Municipal Services Attachments: Municipal Services Draft Minutes - 6/27/11 Budget Impact: $0 Administrative Recommendation: Information only. Background Summary: Reviewed by Council Committees: Councilmember:Peloza Staff: Meeting Date:July 5, 2011 Item Number:MS.0 AUBURN * MORE THAN YOU IMAGINEDMS.0 Page 1 MUNICIPAL SERVICES COMMITTEE June 27, 2011 __ MINUTES I. CALL TO ORDER 3:30 PM, AUBURN CITY HALL, 25 W. MAIN STREET, CONFERENCE ROOM NO. 3, 2ND FLOOR Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room 3 on the second floor of City Hall, 25 West Main Street, Auburn WA. Members present: Chair Bill Peloza, Member John Partridge. Members absent : (excused): Vice Chair Sue Singer. Staff present: Mayor Pete Lewis, Police Chief Bob Lee, Finance Director Shelley Coleman, Assistant City Attorney Doug Ruth, Airport Manager Jamelle Garcia, Emergency Preparedness Manager Sarah Miller, Solid Waste & Recycling Coordinator Joan Nelson, Utilities/Accounting Services Manager Mark Gregg, Police Secretary/Scribe Kathy Emmert. Others present: Wayne Osborne, citizen and Waste Management representative Laura Moser II. AGENDA MODIFICATIONS III. CONSENT ITEMS A. Approval of Minutes of the June 13, 2011 Municipal Services Committee Meeting Member Partridge moved to accept the Minutes as presented. Chair Peloza concurred. MOTION CARRIED: 2-0 IV. ORDINANCES AND RESOLUTIONS (Action Items) A. Resolution No. 4720* (Lee) A Resolution of the City Council of the City of Auburn, Washington, formally accepting a grant from the State of Washington, Military Department in an amount not to exceed eighty seven and one-half percent (87.5%) of actual expenditures as reimbursement from the Federal Emergency Management Agency and the State of Washington for expenses incurred by the City of Auburn during the January 2011 storm event Member Partridge moved to forward Resolution No. 4720 to the full Council for acceptance. Chair Peloza concurred. MS.0 Municipal Services Minutes June 27, 2011 Page 2 MOTION CARRIED: 2-0 B. Resolution No. 4721* (Lee) A Resolution of the City Council of the City of Auburn, Washington, authorizing the acceptance of a grant from the Washington Service Corps to provide two full-time members to the City of Auburn, and authorizing the Mayor and City Clerk to execute the necessary agreements to accept said members Member Partridge moved to forward Resolution No. 4721 as amended to the full Council for acceptance. Chair Peloza concurred. MOTION CARRIED: 2-0 V. INFORMATION / DISCUSSION ITEMS A. Solid Waste Contract Implementation* (Coleman) Solid Waste & Recycling Coordinator Joan Nelson provided a timeline for the City of Auburn Solid Waste contract implementation with Waste Management as it relates to billing, outreach and operations. Also provided was a more detailed summary of the options and implementation schedule including the vendor’s transition to compressed natural gas equipment and commercial and multi-family complex communications, interaction and audits. B. Resolution No. 4722 - WSDOT Airport Aid Application* (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the City to apply for State grant funds in the amount of $9,895.00 from the Washington State Department of Transportation to rehabilitate the airport apron, update the airport master plan and to improve airport drainage and erosion control, and authorizing the execution of the grant agreement therefor Airport Manager Garcia and Finance Director Coleman requested that the Committee take action on this item as the grant application process now requires the formal support of the City prior to the awarding of the grant. Member Partridge moved to forward Resolution No. 4722 to the full Council for acceptance. Chair Peloza concurred. MOTION CARRIED: 2-0 C. Matrix* The Matrix was amended to reflect a January 2012 review date for the Police Chaplain’s program. MS.0 Municipal Services Minutes June 27, 2011 Page 3 VI. ADJOURN The meeting adjourned at 4:22 p.m. Signed this _______ day of ________, 2011 ____________________________________ ________________________________ Bill Peloza, Chair Kathy Emmert, Police Secretary/Scribe MS.0 AGENDA BILL APPROVAL FORM Agenda Subject: June 27, 2011 Minutes Date: June 29, 2011 Department: Planning and Development Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Information Only Background Summary: Reviewed by Council Committees: Councilmember:Norman Staff: Meeting Date:July 5, 2011 Item Number:PCD.0 AUBURN * MORE THAN YOU IMAGINEDPCD.0 DRAFT PLANNING & COMMUNITY DEVELOPMENT COMMITTEE June 27, 2011 MINUTES I. CALL TO ORDER Chair Lynn Norman called the meeting to order at 5:00 p.m. in Annex Conference Room 2 located on the second floor of One Main Building, 1 East Main Street, Auburn, WA. Committee members present were: Chair Lynn Norman, Vice Chair Nancy Backus and Member John Partridge. Staff members present included: Mayor Pete Lewis, Director Kevin Snyder, Planning Manager Elizabeth Chamberlain, Environmental Protection Manager Chris Andersen, Development Review Engineer Kim Truong, Senior Planner Hillary Taylor, Environmental Planner Jamie Kelly, Public Works Director Dennis Dowdy, and Planning and Community Development Secretary Tina Kriss. Audience members present included: Wayne Osborne and Robert Whale of the Auburn Reporter. II. ANNOUNCEMENTS AND AGENDA MODIFICATIONS There were no agenda modifications or announcements. III. CONSENT AGENDA A. June 13, 2011 Vice Chair Backus moved and Member Partridge seconded to approve the Consent Agenda as presented. MOTION CARRIED UNANIMOUSLY 3-0 IV. ACTION A. Resolution No. 4715 – Environmental Park Wetlands Trail Boardwalk Environmental Protection Manager Chris Andersen provided the briefing for Resolution No. 4715. Mr. Andersen distributed a revised Resolution showing underlined changes made by the legal department. The City of Auburn proposes to construct the Auburn Environmental Park (AEP) Wetlands Trail Boardwalk. The majority of the trail will consist of an approximately 1,100-foot elevated wooden boardwalk that is designed to minimize impacts to AEP wetlands, and will allow for year-round use of the trail. The boardwalk is designed as a six foot wide, elevated wooden structure supported on pin pile foundations, with curbing on both sides, and guard rails in locations where the boardwalk is more than 30 inches above ground surface and/or where there are areas of seasonal standing water. Vice Chair Backus moved and Member Partridge seconded to move Resolution No. 4715 to full City Council for consideration. MOTION CARRIED UNANIMOUSLY 3-0 PCD.0 Planning and Community Development Committee Minutes June 27, 2011 Page 2 V. DISCUSSION and INFORMATION A. Bicycle Task Force Recommendations for Sharrows Pilot Program and Bike Lane Striping. Director Dennis Dowdy reviewed the recommendations of the Bicycle Task Force for the sharrows pilot program and bike lane striping as presented at the June 20, 2011 Public Works Committee meeting by Terry Davis of the Bicycle Task Force. Director Dowdy then reviewed the Public Works Committee’s modified recommendations to assess if the City can stripe two bicycle lanes on R Street SE, between 8th Street NE and E Main Street, without removing parking restrictions on either side of the roadway. In the event that parking would be impacted, the committee & the Bicycle Task Force were in consensus that this segment would best be added to the Sharrows /share the road pilot project. Once staff have an assessment to review with the Mayor, the City will move forward this fall to crack seal the pavements before installing signage on E Main Street, between A Street NW and M Street NE, on E Main Street, between R Street NE and M Street NE, and on R Street SE to 8th St NE and from E Main Street to the railroad tracks at Auburn-Black Road. Committee and staff discussed funding. Staff intends to use this year’s bicycle funding to install the Sharrow Pilot project. Director Synder indicated that the Task Force has been working with our outreach staff to develop educational materials that can be helpful to inform the community in about the Sharrows Pilot in advance of implementation this fall. Planning and Community Development Committee and staff discussed safety issues and concurred that the Pilot should improve overall biking safety. There was general consensus among the Committee that the city should proceed with the Sharrows Pilot as discussed. Director Dowdy stated he will keep Committee informed of progress. B. Ordinance No. 6368 – Code Amendment to Allow Small Craft Breweries and Distilleries Senior Planner Hillary Taylor provided the staff report for Ordinance No. 6368. Ordinance No. 6368, allowing small craft breweries and distilleries was brought before Planning and Community Development Committee (PCDC) on October 11, 2010 and March 28, 2011 for discussion and feedback. Revisions were made based on PCDC feedback and information was presented to Planning Commission on May 17, 2011 for discussion. Staff added a definition for wine production and modified the definition for tasting rooms based on Planning Commission recommendations. On June 7, 2011 the Planning Commission held a public hearing and recommended that City Council approve ZOA11-0001 as presented by staff. Ms. Taylor reviewed the proposed ordinance with the Committee. It was determined that Ordinance No. 6368 was ready for a vote by the Committee to move forward to City Council. Vice Chair Backus moved and Member Partridge seconded to move Ordinance No. 6368 to full City Council for consideration. MOTION CARRIED UNANIMOUSLY 3-0 PCD.0 Planning and Community Development Committee Minutes June 27, 2011 Page 3 C. 2011 Comprehensive Plan Amendment Planning Manager Elizabeth Chamberlain reviewed the 2011 Comprehensive Plan Amendment docket and schedule outlining the timeline of submitted 2011 amendments. D. Director’s Report Planning Manager Elizabeth Chamberlain referenced a Downtown Parking Permit and Public Parking Map (presented at the May 23, 2011 meeting) during the discussion. Ms. Chamberlain stated the parking modifications detailed below have been implemented with new signage: • Red sections – three (3) hour public parking from 6:00 a.m. to 6:00 p.m. Monday through Friday, open nights and weekends • Blue sections – downtown business and auburn resident permit parking, $10.00/month • Yellow section – Green River Community College parking • Green section – South Division Street Promenade project construction staging parking. This Committee inquired about the “Kiss and Ride” lot that is operated by Sound Transit. The signage was re-installed stating 15 minute parking from 5:00 a.m. to 9:00 a.m. and three hour parking from 9:00 a.m. to 3:00 p.m. The removal of the signage was conditioned on any complaints received. A complaint was received so the signs were reinstalled. Director Kevin Snyder stated staff is working on a draft scope of work for a comprehensive parking work plan to share with Mayor Lewis before bringing to the Committee for review. In an effort to draw ideas, create the comprehensive parking plan, and move forward Committee would like to hear from The Downtown Auburn Association (TADA), Citizens, and Business Owners. E. PCDC Status Matrix Due to scheduling conflicts the Green Zone Summit for July, 2011 will be moved to fall. VI. ADJOURNMENT There being no further business to come before the Planning and Community Development Committee, Chair Norman adjourned the meeting at 5:52 p.m. APPROVED THIS ________ DAY OF ______________. Lynn Norman, Chair Tina Kriss, Planning and Development Secretary PCD.0 AGENDA BILL APPROVAL FORM Agenda Subject: June 20, 2011 Minutes Date: June 27, 2011 Department: Public Works Attachments: June 20, 2011 Minutes Budget Impact: $0 Administrative Recommendation: Information only. Background Summary: Reviewed by Council Committees: Public Works Councilmember:Wagner Staff: Meeting Date:July 5, 2011 Item Number:PW.0 AUBURN * MORE THAN YOU IMAGINEDPW.0 Public Works Committee June 20, 2011 - 3:30 PM Annex Room 2 MINUTES I.CALL TO ORDER Chairman Rich Wagner called the meeting to order at 3:30 p.m. in Conference Room #2, located on the second floor of Auburn City Hall, One East Main Street, Auburn, Washington. A.Roll Call Chairman Wagner, Vice-Chair Bill Peloza, and Member Haugen were present. Also present during the meeting were: Mayor Pete B. Lewis, Public Works Director Dennis Dowdy, City Engineer/Assistant Director Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer Dan Repp, Traffic Engineer Pablo Para, Engineering Aide Amber Mund, Street Systems Engineer Seth Wickstrom, Project Engineer Jacob Sweeting, Maintenance and Operations Manager Randy Bailey, Utility and Accounting Services Manager Mark Gregg, Finance Accounting Manager Rhonda Ewing, Planning Manager Elizabeth Chamberlain, Planner Hillary Taylor, Project Engineer Leah Dunsdon, Project Engineer Ryan Vondrak, Water Utility Engineer Cynthia Lamothe, and Public Works Secretary Jennifer Rigsby. Members of the public in attendance included: Largo Wales, Corey League with Earth Sound Strategies, Terry Davis with the Bicycle Task Force, Nick Perrius, and Robert Whale with the Auburn Reporter. B.Announcements There were no announcements. C.Agenda Modifications The following discussion occured following Discussion Item G. Vice-Chair Peloza asked that staff investigate the timing of the left turn signal at 3rd Street NE and Auburn Avenue, eastbound and the left turn signal on 15th Street NW at C Street NW, westbound. The Committee and staff discussed the yellow permissive left turn arrow signals that are being used in the City of Federal Way. Assistant Director/City Engineer Selle addressed questions about stormwater drainage in alleys in the Downtown that were asked by Member Haugen. Assistant Director/City Engineer Selle stated that staff tries to correct drainage problems in older alleys while doing utility projects. Assistant Page 1 of 11 PW.0 Director/City Engineer Selle described some of the engineering solutions that may be used. The Committee and staff reviewed the plans for the Activity Center parking lot. Member Haugen asked if the owners of the properties adjacent to the parking lot will be responsible for the maintenance of the proposed trees. Assistant Director/City Engineer Selle answered that the Project Manager, Steve Burke, is aware of issues regarding the trees and has been working with the contractor to make some modifications to the potential landscaping and still meet the code requirements. II.CONSENT AGENDA A.Approval of Minutes (Dowdy) Councilmember Peloza moved and Councilmember Haugen seconded to Approve as amended , the minutes from the June 6, 2011 Public Works Committee Meeting. Member Haugen asked that Consent Item C, first sentence of the fifth paragraph be amended to read, “Member Haugen asked how staff determines when streets should be treated with chip seal versus thin overlay,” so as not to imply she prefers one treatment over the other. Motion Carried Unanimously. 3-0. B.Right-of-Way Use Permit No. 11-08 (Mund) Councilmember Peloza moved and Councilmember Haugen seconded to Approve Right-of-Way Use Permit No. 11-08 for TOC Holdings/Sound Earth Strategies. Engineering Aide Mund stated that Right-of-Way Use Permit 11-08 is for monitoring wells that are already in the City Right-of-Way on Auburn Way N and Auburn Avenue. TOC Holdings and Sound Earth Strategies have applied for the permit which is essentially a renewal of their existing Right-of-Way Use Permit No. 05-49, which has recently expired. Chairman Wagner asked if the City received copies of the monitoring reports. Engineering Aide Mund stated that the City does receive copies of all reports as it is required by the conditions of the permit. Motion Carried Unanimously. 3-0. C.Public Works Project No. CP1102 (Wickstrom) Councilmember Peloza moved and Councilmember Haugen seconded to Approve that the Committee recommend the City Council grant permission to advertise for bids for Project No. CP1102, 2011 Arterial and Page 2 of 11 PW.0 Collector Street Pavement Preservation as discussed by the Committee. Street Systems Engineer Wickstrom stated that the 2011 Arterial and Collector Street Pavement Preservation project is ready to be advertised for bids and the locations included in the project’s scope are the same as those that were approved by the Committee in November 2010. Vice-Chair Peloza spoke about the poor condition of M Street SE, from Main Street to 4th Street SE and asked why that street was not considered for the project. Street Systems Engineer Wickstrom answered that in order to rehabilitate that portion of M Street, the street will need to be rebuilt. The focus of this year’s preservation project is to prevent continued deterioration of streets that have not yet failed to a rebuild condition by patching areas of damaged pavement. Assistant Director/City Engineer Selle spoke about past discussions with the Committee when it was determined that staff should use the limited funds available to complete patching work until there are more funds available to complete overlay or reconstruction of the roadways. This has been our strategy since we passed the 1% Utility Tax to partially fund the arterial preservation program with the understanding that we need to prevent as much as possible acceleration of pavement failures by performing deep patching where the roadway has not already reached a failed condition. Vice-Chair Peloza asked staff to reconsider including portions M Street SE in the project and possibly patching just the areas of the roadway that show the most wear in the wheel tracks. Chairman Wagner suggested that since that section of M Street SE will be closed during the construction of the M Street Underpass, staff wait until the underpass project is complete and then focus on making repairs to M Street SE. Chairman Wagner asked when staff anticipates the closing of that section of M Street. Project Engineer Sweeting answered that there is not an exact schedule for the closure but it should be in Spring or Summer of 2012. Chairman Wagner commented that maybe a year is too long to wait without doing something to temporarily improve the condition of M Street SE. Vice-Chair Peloza agreed. Assistant Director/City Engineer Selle said that after the bids for the preservation project are received, if the bids are good, staff may be able to add limited patching for M Street SE to the scope of the project. Selle also stated that due to the poor pavement condition of this portion of M Street, such limited patching versus a rebuild, would likely not hold up very long. The Committee and staff discussed using Change Orders to add or make substitutions to the scope of the project to keep the project on schedule. Chairman Wagner reiterated, that if the bid received for the project is low enough, patching of the section of M Street SE, from Main Street to 4th Street SE, will be added to the construction contract scope and if the bids are not low enough staff Page 3 of 11 PW.0 will reduce the work scope at other locations so that the M Street patching can be added to the construction contract. Assistant Director/City Engineer Selle answered questions asked by Member Haugen regarding the use of concrete panels when rebuilding 4th Street NE. Assistant Director/City Engineer Selle stated that limited patching of the roadway would likely include matching the existing pavement (asphalt or concrete) but if 4th Street NE were being completely rebuilt staff would design the new pavement using either asphalt or concrete to insure it is adequate for the roadway and traffic conditions. Chairman Wagner asked Street Systems Engineer Wickstrom to provide the Committee with the costs per square yard for the various pavement preservation options (asphalt, double chipseal, thin overlay, and concrete, etc.). Assistant Director/City Engineer Selle answered a question asked by Member Haugen regarding the different types of asphalt mixtures used. Chairman Wagner asked staff to see if they still have the asphalt technology video that was made available to Public Works Committee members several years ago and if they do have it, to make it available to Members Haugen and Peloza since they were not Public Works Committee Members when it was previously distributed. Motion Carried Unanimously. 3-0. D.Public Works Project No. CP0756 (Sweeting) Councilmember Peloza moved and Councilmember Haugen seconded to Approve that the Committee recommend City Council award Contract No. 11-02 to Hoffman Construction Inc. on their low bid $498,886.40 plus Washington State sales tax of $47,394.21 for a total contract price of $546,280.61 for Project No. CP0756 - Lea Hill Pump Station Decommissioning Phase 2. Project Engineer Sweeting reported that the bid came in 10% below the engineer’s estimate. Chairman Wagner asked what was included in Phase 1 of the project, at the City’s expense. Sweeting answered that Phase 1 installed the gravity sewer lines on 124th Avenue SE from Rainier Shadows Lift Station to the roundabout and from the roundabout midway to 118th Avenue SE and constructed a portion from the White Mountain Trails Lift Station to 118th Avenue SE to the unimproved section of 118th Avenue SE. Project Engineer Sweeting highlighted the location where the line goes into the Verdana development in response to a question asked by Member Haugen. Motion Carried Unanimously. 3-0. Page 4 of 11 PW.0 III.RESOLUTIONS A.Resolution No. 4717 (Gaub) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Award and Execute an Agreement with the Lowest Possible Responsible Bidder for Construction of Public Works Contract Number 11-13 for Project C207A, A Street NW Extension (A/B Corridor) Councilmember Peloza moved and Councilmember Wagner seconded to Approve that the Committee recommend City Council introduce and adopt Resolution No. 4717. Assistant City Engineer Gaub distributed the Bid Tabulation Summary to the Committee and reported the bid came in about 7% below the engineer’s estimate which puts the project within budget. Assistant City Engineer Gaub stated that staff is asking the Council to grant the Mayor the authority to award and execute the construction contract to the lowest responsible bidder and avoid delaying the construction start date by two weeks. Assistant City Engineer Gaub stated that the City is waiting for one final approval. Chairman Wagner asked how the funds for the Multicare half street improvements on 10th Street were separated from the rest of the project funding. Assistant City Engineer Gaub stated that the estimated amount of $430,855.00 for the improvements is a separate line item on the budget status sheet. Gaub stated that the cost of the half street improvements, which are in a separate bid schedule, was reduced by approximately 6%. Assistant City Engineer Gaub responded that if Multicare were to decide not to complete the half street improvements then only certain schedules of the contract would be awarded, in response to a question asked by Chairman Wagner. Gaub stated that Multicare has verbally indicated that they plan to proceed but the City has not received approval in writing. The Committee and staff discussed the construction contract and the pending approval of the half street improvements by Multicare. Gaub stated that the contract included the half street improvements as a separate additive scheduled so that if Multicare decided not to move forward with the improvements, the contract could be awarded without this additional work. The Committee and staff discussed the possibility of including the conditions of the contract with the permission to award Public Works Committee agenda item documents when the contact includes private parties. This would include only the highlights of the conditions since theses type of contracts are usually have many pages covering many aspects in addition to the conditions. Using the aerial location map, Assistant City Engineer Gaub highlighted the future Page 5 of 11 PW.0 location of the sound wall that is part of the project’s scope, in response to a question asked by Member Haugen. Member Haugen stated that she will not be voting in favor of adoption of Resolution No. 4717 because of the location of the sound wall. Motion Carried. 2-1. Those voting no: Haugen . IV.DISCUSSION ITEMS A.Bicycle Task Force Presentation (Terry Davis) Director Dowdy introduced Terry Davis from the Bicycle Task Force. Mr. Davis stated that since the Task Force’s meeting with the Committee of the Whole, the group produced a bicycle map and has been working with the school districts to identify key bicycle routes around the schools. The group also developed a list of locations for possible pilot projects. A bicycle event is also being planned by the Task Force for Earth Day 2012. Mr. Davis presented the Task Force’s recommendations for a pilot project for sharrows/share the road signs and other suggestions for bicycle lane improvements. The Task Force recommends the installation of sharrows/share the road signs on R Street SE, from E Main Street to the railroad tracks at Auburn-Black Road. This improvement would require shoulder improvements on both sides of R Street NE. The Task Force also recommends the installation of striped bicycle lanes on both sides of R Street NE between 8th Street NE and E Main Street. Parking may need to be restricted to one side of the street to accommodate two bicycle lanes. Sharrows/share the road signage were recommended on E Main Street, between A Street NW and M Street NE, on E Main Street, between R Street NE and M Street NE, and on Green River Road, between 277th Street and 8th Street NE. Chair Wagner asked whether the sharrows images that will be on the pavement in the travel lane will be made with paint or with thermoplastic material for longer life. Staff answered that for this pilot project, paint will be used, both to save money and to make removal easier if necessary. The recommendations are to be part of a pilot program. Mr. Davis stated that the Task Force would plan outreach meetings in September or October 2011 to gather feedback, following the implementation of the recommendations. The Committee, staff, and Mr. Davis discussed the safety concerns being addressed by the installation of the bicycle lanes, the cost of the shoulder work that would be needed on R Street SE in order to create wide enough lanes for Page 6 of 11 PW.0 sharrows, and the recommended locations for the sharrows and signage. The Committee agreed to support a pilot program that included: the striping of the two bicycle lanes on R Street SE, between 8th Street NE and E Main Street, with parking restrictions on one side of the roadway, provided a neighborhood meeting be held to discuss the parking restrictions. Sharrows /share the road signage on E Main Street, between A Street NW and M Street NE, on E Main Street, between R Street NE and M Street NE, and on R Street SE, from E Main Street to the railroad tracks at Auburn-Black Road. B.Resolution No. 4716 (Bailey) A Resolution of the City Council of the City of Auburn, Washington, Declaring Certain Items of Property as Surplus and Authorizing Their Disposal Maintenance and Operations Manager Bailey stated that the Honda Stow Trash Pump is used for pumping stormwater that contains debris, in response to a question asked by Member Haugen. The Committee supported introduction and adoption of Resolution No. 4716. C.Moravec Leak Adjustment Appeal (Gregg/Coleman) Councilmember Peloza moved and Councilmember Haugen seconded to Approve the leak adjustment appeal in the amount of $704.51 for account number 015831-000. Utilities and Accounts Manager Gregg discussed the circumstances that lead the customer to detecting the water leak. Chairman Wagner stated that the customer appeared to be very diligent in repairing the leak. Utilities and Accounts Manager Gregg explained that the total adjustment available to the customer is $1,909.01, of which $500.00 has already been credited. The remaining balance for consideration by the Committee is $1,409.01, of which the maximum adjustment is 50%, $704.51. The Committee supported granting the 50% adjustment of $704.51. Motion Carried Unanimously. 3-0. D.Ordinance No. 6365 (Taylor) An Ordinance of the City Council of the City of Auburn, Washington, amending Chapter 18.04 of the Auburn City Code and creating a new Chapter 18.47 of the Auburn City Code for the purpose of compliance with RCW 35.63.126 to allow the development of electric vehicle infrastructure. Planning Manager Chamberlain provided the Committee with background information on Ordinance No. 6365. In 2009 the State passed legislation requiring that jurisdictions have code which allows electric vehicle infrastructure. The code changes are required to be approved by July 1, 2011. Page 7 of 11 PW.0 Chamberlain explained that the ordinance makes code changes that allows for infrastructure for electric vehicles to be built on private property, however it does not require installation of such infrastructure. Planner Taylor answered questions asked by Chairman Wagner regarding Section No. 18.41.020 – Permitted locations, item 5. Planning Manager Chamberlain noted an error in the section reference “18.47.028”. Planner Taylor confirmed that rapid charging stations could not be installed in a private garage and must be part of an EV charging station, in response to a question asked by Chairman Wagner. Taylor explained that based on industry data about electrical vehicles, rapid charging stations will not be needed at private residences. Vice-Chair Peloza asked how people would install the necessary electrical port for an electrical vehicle in their homes. Taylor answered that the same connection and wiring that is used for ovens is used for electric vehicles. Vice-Chair Peloza suggested more research be done and information be provided to the Committee in order to answer questions from citizens. Planning Manager Chamberlain pointed out that in the definition of “vehicle charging station restrictions” is that the station is privately owned with restricted access. Member Haugen spoke about encouraging charging stations in all new construction in the future. Planning Manager Chamberlain stated that the Downtown development code requirements do encourage, but do not specifically require, the use of green technology, which could include the incorporation of charging stations. Planner Taylor discussed the primary locations that the electrical vehicle industry recommends for charging stations with the Committee. Taylor pointed out that additional elements can be added to the ordinance following its adoption. The Committee supports introduction and adoption of Ordinance No. 6365. E.Public Works Project No. CP1006 (Dunsdon) Lakeland Hills Reservoir 6 - Mural Discussion Project Engineer Dunsdon provided the Committee with a sample of the design for the mural which will be painted on the Lakeland Hills Reservoir 6. Dunsdon also showed the Committee samples of the three colors that will be used. Project Engineer Dunsdon stated that the addition of 3-6 birds to the mural would cost $1,200.00. The Committee discussed the possible addition of birds and potential locations for the birds on the reservoir. Page 8 of 11 PW.0 Member Haugen spoke in favor of adding birds and Chairman Wagner stated that his preference was to have the mural without birds. Project Engineer Dunsdon showed the Committee examples of the types of birds available and explained that the birds, if included, would not be visible from all angles when looking at the reservoir. It was decided that the mural would not contain birds. F.Promenade Presentation (Chamberlain/Vondrak) Using a PowerPoint presentation, Project Engineer Vondrak provided the Committee with a detailed breakdown of the construction costs for the S. Division Street Promenade Project. Project Engineer Vondrak reviewed all the utility costs within the project starting with the improvements to the water utility. Water mains will be installed down Division Street, from E Main Street to just past 2nd Street and down portions of W Main Street, 1st Street SW, 2nd Street SW and 2nd Street SE. The cost for the water utility improvements is $411,248.00 which is 10% of the overall project cost and includes 1,670 LF of water lines to be installed. The project also includes the installation of sanitary sewer lines down Division Street, from E Main Street to just past 2nd Street and down portions of W Main Street 1st Street SE and 1st Street SW. Chairman Wagner asked if any of the sewer lines are trunk lines. Project Engineer Vondrak answered that sewer lines in the alleys are being replaced with a new line in the roadway. The cost of the sanitary sewer improvements is $188,290.00 which is 5% of the overall project cost and includes 1,660 LF of sanitary sewer lines to be installed. Chairman Wagner asked if the sewer lines being installed will be able to accommodate an increase in use in the future. Project Engineer Vondrak answered the sewer lines will be able to accommodate the future development of all four blocks. This was evaluated through modeling of the sewer system incorporating the potential future development of the area as allowed by the City’s comprehensive planning. In addition, the project includes a 7,600 cubic feet stormwater detention facility, 705 LF of detention piping, the installation of 1,100 LF of storm lines and a 15,000 cubic feet rock stormwater storage reservoir under the pervious pavement. The cost of the storm utility improvements is $921,906 and is 22% of the overall project cost. Chairman Wagner asked why a detention facility was not installed on 2nd Street as well as 1st Street. Project Engineer Vondrak answered 2nd Street has recently been reconstructed and there are existing utilities within 2nd Street that make detention piping less cost effective. The project also includes street improvements. Portions of Main Street, 1st Street, Page 9 of 11 PW.0 2nd Street and N. Division Street will be reconstructed following the utility improvements. Alternating sections of impervious and regular concrete will be used to construct the promenade, along Division Street, from Main Street to 3rd Street. The cost of the street improvements is $2,169,592.00 which is 53% of the overall project cost. The street improvements include 11,618 SY of pavement, 1,650 LF of sidewalk, street trees, street lights, replacement of the signal at Main Street, and all of the other electrical work associated with the project. The cost of the streetscape enhancements is $403,875.00 and is 10% of the overall project costs. The enhancements include the Downtown gateway arch, benches, bicycle racks, trash/recycling receptacles, and the coloring of the concrete and sidewalks. Planning Manager Chamberlain answered questions asked by Vice-Chair Peloza regarding the design of the benches. Chairman Wagner asked if all of the trees will be planted in receptacles or in the ground. Project Engineer Vondrak answered that the street trees will be planted in tree pits and that there will be additional plantings within the planter beds. Member Haugen asked if the trees may damage the sidewalks in the future. Vondrak said that staff coordinated with the Parks Department to select appropriate trees for confined space and that root barriers will also be installed. Project Engineer Vondrak said that the street enhancement costs also include the irrigation for the planter beds. Chairman Wagner asked how many irrigated planting beds are included in the project scope. Vondrak answered approximately 12-20. In summary, the overall construction cost for the project is $4,094,911.33. The street infrastructure improvements are 53% of the cost at $2,169,592.00. The utility infrastructure improvements, including water, sanitary sewer, and storm, are 37% of the cost at $1,521,444.00 and the streetscape enhancements are 10% of the overall project cost at $403,875.00. Chairman Wagner asked if funds for the project had to be transferred between the enterprise accounts. Planning Manager Chamberlain answered that the project is funded by an EDA grant and Local Revitalization Financing bond funds, which are in an account separate from the enterprise accounts. Assistant Director/City Engineer Selle added that the plantworth, or infrastructure, will be documented as an asset for each utility enterprise. The Committee asked for copies of the PowerPoint presentation. Planning Manager Chamberlain and Project Engineer Vondrak answered questions asked by Chairman Wagner about the width of the promenade. Chairman Wagner asked if the signal being replaced on Main Street can be Page 10 of 11 PW.0 salvaged. Assistant Director/City Engineer Selle answered that the controller may be able to be salvaged and the poles and mast arms may be able to be used as replacements at other locations. Chairman Wagner asked if the street lamps being replaced will be reused. Chamberlain answered that the lamps on Main Street are very old and will not be reused. Project Engineer Vondrak stated that there will be isolated portions of the sidewalks on Main Street, 1st Street, and 2nd Street that will be patched following the utility work, in response to a question asked by Chairman Wagner. Chairman Wagner asked how far north from 3rd Street will the gateway arch be constructed. Project Engineer Vondrak answered approximately 65-75 feet from the northern sidewalk on 3rd Street. The Committee and staff discussed graffiti prevention along the project corridor. Project Engineer Vondrak responded to questions asked by Chairman Wagner regarding the curb-less design of the promenade. Chairman Wagner asked if the handicap ramp truncated domes will be yellow or a different color. Planning Manager Chamberlain answered that the truncated domes on the ramps will be red instead of yellow. Chairman Wagner asked when construction will start. Project Engineer Vondrak answered that construction has already started. G.Capital Status Report (Gaub) Item 19 – C201A – M Street Underpass: Member Haugen asked about the funding for the project. Chairman Wagner answered that the City has received the Public Works Trust Fund monies and staff is waiting to find out if a grant can be secured to reduce the amount of debt from that loan. Assistant City Engineer Gaub answered questions asked by the Committee regarding the cost of the project to the City. Gaub stated that the final costs will be known better at the time bids are received but it is unlikely that they City will be funding more then half of the project based on the known costs at this time. V.ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 5:33 p.m. Approved this 5th day of July, 2011. Page 11 of 11 PW.0 AGENDA BILL APPROVAL FORM Agenda Subject: June 20, 2011 Minutes Date: June 29, 2011 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Information only. Background Summary: Reviewed by Council Committees: Finance Councilmember:Backus Staff: Meeting Date:July 5, 2011 Item Number:FN.0 AUBURN * MORE THAN YOU IMAGINEDFN.0 Finance Committee June 20, 2011 - 6:00 PM Annex Room 1 MINUTES I.CALL TO ORDER Chair Nancy Backus called the meeting to order at 6:00 p.m. in Conference Room 1 located on the second floor of the City Hall Annex located at One East Main Street in Auburn. A.Roll Call Chair Backus, Vice Chair Lynn Norman and Member Rich Wagner were present. Also present during the meeting were City Attorney Daniel B. Heid, Public Works Director Dennis Dowdy, Chief of Police Bob Lee, Human Resources/Risk Management Director Brenda Heineman, Financial Services Manager Rhonda Ewing, Planning Manager Elizabeth Chamberlain, Environmental Protection Manager Chris Andersen, Development Review Engineer Kim Truong, and Deputy City Clerk Cathy Richardson. Members of the public in attendance included Wayne Osborne. B.Announcements There was no announcement. C.Agenda Modifications Ordinance No. 6342 was moved to discussion items under Item IV.A. II.CONSENT AGENDA A.June 6, 2011 Minutes Vice Chair Norman moved and Member Wagner seconded to approve the June 6, 2011 minutes. MOTION CARRIED UNANIMOUSLY. 3-0. B.Claims Vouchers (Coleman) Claims check numbers 404826 through 405245 in the amount of $4,035,745.78 and dated June 20, 2011. See Item II.C for action on claims vouchers. C.Payroll Vouchers (Coleman) Payroll check numbers 531511 to 531609 in the amount of $830,101.74 and electronic deposit transmissions in the amount of $1,159,986.82 for a grand total of $1,990,088.56 for the pay period covering June 2, 2011 to June 15, 2011. Page 1 of 7 FN.0 Committee members reviewed the claims and payroll vouchers and briefly discussed claims voucher numbers 404840, 404870, 404925, 404931, 404952, 404957, 405055, 405122, 405190, and 405192. Vice Chair Norman moved and Member Wagner seconded to approve the claims and payroll vouchers. MOTION CARRIED UNANIMOUSLY. 3-0. III.ORDINANCES A.Ordinance No. 6361* (Heid) An Ordinance of the City of Auburn, Washington, amending Ordinance No. 5250 adopted June 21, 1999, prohibiting social card games conducted as a commercial stimulant except for those establishments currently licensed by the Washington State Gambling Commission and/or lawfully operating in the City as of June 7, 1999; establishing penalties for violations; and providing that the moratorium on social card games conducted as a commercial stimulant as established under Ordinances 5249 and 5198 be terminated unless this ordinance is determined to be invalid or unenforceable for any reason Chair Backus noted that staff is currently aware of only Emerald Downs who may have the benefit of the clarification under Ordinance No. 6361. Member Wagner moved and Chair Backus seconded to forward Ordinance No. 6361 to the Council. MOTION CARRIED UNANIMOUSLY. 3-0. IV.RESOLUTIONS A.Resolution No. 4713 (Heineman) A Resolution of the City Council of the City of Auburn, Washington, approving the collective bargaining agreement between the City of Auburn and the Auburn Police Guild for 2011-2012 Director Heineman reported that the collective bargaining agreement includes zero COLA increases for 2011 and 2012. In an effort to support the City, there was an overwhelming majority for approval of the agreement by the Police Guild. Vice Chair Norman moved and Member Wagner seconded to forward Resolution No. 4713 to the Council. MOTION CARRIED UNANIMOUSLY. 3-0. B.Resolution No. 4716 (Coleman) A Resolution of the City Council of the City of Auburn, Washington declaring certain items of property as surplus and authorizing their disposal Committee members briefly discussed Resolution No. 4716. Page 2 of 7 FN.0 Vice Chair Norman moved and Member Wagner seconded to forward Resolution No. 4716 to the Council. MOTION CARRIED UNANIMOUSLY. 3-0. V.DISCUSSION ITEMS A.Ordinance No. 6342 (Snyder) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 3.60.035 of the Auburn City Code regarding construction sales tax exemption Planning Manager Elizabeth Chamberlain explained that Ordinance No. 6342 allows for a construction sales tax exemption for certain types of businesses including new construction, redevelopment of existing vacant buildings of 25,000 square feet or greater, or expansion of an existing commercial building that creates new floor area that generates sales tax. It applies to specific zone districts within the City including the Downtown Urban Center (DUC), C3 (Heavy Commercial District), and C4 (Mixed Use Commercial). The exemption is for a maximum of $100,000 and is for construction materials, fixed equipment, and labor and services. The costs are paid up front by the applicant, who would then go through a reimbursement process in order to regain those costs. Ordinance No. 6342 is geared towards sales tax generating businesses which enables the City to recoup the cost of the exemption over time. Manager Chamberlain reviewed the highlighted changes to Ordinance No. 6342 including clarification for existing structures and the addition of hotels. Committee members briefly discussed Ordinance No. 6342. B.Resolution No. 4715 (Snyder) Auburn Environmental Park Boardwalk Trail Informational Briefing Environmental Protection Manager Chris Andersen distributed draft Resolution No. 4715 and proposed contract and explained that, in 2007, the City received approximately $572,000 in grant funds for the Auburn Environmental Park (AEP) Boardwalk Trail project from the Washington State Recreation and Conservation Office under an urban wildlife grant program. The funds were to be used for development of a mitigation bank and trail system through the park. As the City evaluated the mitigation bank concept, it was determined that there was not enough uncommitted land available to make a certified mitigation bank viable. In 2008, the City received authorization to use a portion of the grant funds for design and construction of the bird observation tower, which was constructed in 2009. In 2010, the City received authorization to use the balance of grant proceeds for acquiring the Auburn Land Company property of approximately 29 acres located on the north end and east side of the AEP. The acquisition was completed in the Fall of 2010. The remaining balance of the grant was approximately $127,350 which, with the City match, left an approximate balance of $255,000 for the project. The remaining component of the project entails the Page 3 of 7 FN.0 design and construction of a boardwalk, trail system, and native buffer plantings along State Route (SR) 167. Project Engineer Kim Truong displayed a vicinity map and rendering of the boardwalk and reviewed the preliminary cost estimate, which was originally approximately $700,000. Staff has reviewed both design and construction in an effort to reduce costs to allow completion of the project with the available funding. Some cost cutting measures include a reduction in curbing and minimizing overall length, curvature and width of the boardwalk. It was originally proposed to have handrails the entire length of the boardwalk, which has also been reduced to those areas including standing water or elevation greater than 30 inches above the surface. The entire length of the boardwalk is approximately 1,200 lineal feet, which includes about 1,100 lineal feet of elevated boardwalk with 600 lineal feet of handrail and includes the ramp to the birding tower. Three platforms were also added and there are kicker curbs along the length of the boardwalk. Staff anticipates beginning the project August 1, 2011 with completion of the main portion of the boardwalk anticipated around mid-September. The landscape buffer along the east side of SR 167 will be the second component and includes approximately 2,500 native trees and shrubs covering approximately 93,000 square feet of planting area with planting anticipated to begin this fall. Manager Andersen stated that a number of citizens and community groups have expressed an interest in contributing or participating in the project. Additional cost cutting efforts include a proposed contract with the Washington Conservation Corps (WCC) with regard to boardwalk construction. WCC utilizes young adults of 18 to 25 year of age which are funded, in part, by AmeriCorps and sponsorships, which in this case would be the City of Auburn. WCC participants have constructed hundreds of miles of trails, bridges, and boardwalks throughout Washington and are very familiar with the scope of the project. If approved by Council, staff proposes the interlocal agreement with WCC, subject to a finding of special market condition which provides an exception to the competitive bidding process. Manager Andersen explained that staff is working with Mayor Lewis with regard to donations and sponsorships for the AEP boardwalk project. There are a number of ancillary elements to the trail that were removed from the original professional design firm's contract in order to save money. These include items such as bicycle racks, entry landscaping, picnic lunch area near the birding tower, benches on the boardwalk and/or trailheads, and an interpretive signage program element. Such features offer great opportunities for contributions by the community and organizations. In response to questions by Vice Chair Norman, Manager Andersen stated that staff originally anticipated a 10 foot wide boardwalk, including railing which would have accommodated bicyclists. Due to monetary constraints and reduction of the width of and railing for the boardwalk, it will no longer accommodate bicyclists safely. Bicycle racks will be installed at both ends of the trail. Page 4 of 7 FN.0 In response to questions by Member Wagner, Manger Andersen explained that WCC staff will be supervised by a WCC team member, but the City's consultant contract with AHBL provides for project construction oversight. City staff will also monitor construction and provide technical input as needed. Discussion followed regarding dispute resolution. C.Resolution No. 4717 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to award and execute an Agreement with the lowest possible responsible bidder for construction of Public Works Contract Number 11-13 for Project C207A, A Street NW Extension (A/B Corridor) Public Works Director Dennis Dowdy distributed a bid tabulation for Project No. C207A, A Street NW Extension. There is one remaining component to be completed prior to award of Project No. C207A which is the completion of half street improvements on 10th Street by Multicare. Staff anticipates correspondence from Multicare indicating that they would like to include their bid schedule in the contract award in the next few days. Resolution No. 4717 provides authorization for the Mayor to award the project once this last item is received. All permits have been acquired and the bids received are competitive, some of which were below the engineer's estimate. D.Ordinance No. 6364 (Lee) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 10.36.360 of the Auburn City Code and creating new Sections 10.36.215 and 10.36.216 of the Auburn City Code, relating to parking Police Chief Bob Lee reported that complaints have been received with regard to people blocking in their cars to avoid impoundment. Ordinance No. 6364 allows for a two foot setback from vehicles already parked, both in front and in back of the vehicle, that would enable vehicles to be towed if necessary. Before a vehicle is cited or towed for violation, staff must receive a complaint regarding vehicles that are illegally parked. City Attorney Daniel B. Heid explained that there are two parts to Ordinance No. 6364. One entails issues where an individual is blocked in by someone else making it impossible for that individual to leave or move and the other issue entails vehicle owners who intentionally block another of their vehicles in order to prevent it from being towed. E.Ordinance No. 6366 (Lee) An Ordinance of the City Council of the City of Auburn, Washington, creating a new section 10.04.015 of the Auburn City Code and a new Chapter 3.90 of the Auburn City Code, relating to the recoupment of law enforcement costs for responding to incidents involving intoxicated persons Chief Lee reported that State law allows law enforcement to recoup some Page 5 of 7 FN.0 emergency response costs for response to those incidents involving individuals driving while under the influence (DUI) of alcohol. The recoupment is provided through the court by asking the court to assess an additional fine of up to $1,000 in addition to the sentencing of offenders. Chief Lee stated that DUI investigations are lengthy and costly. Ordinance No. 6366 provides a mechanism to recoup some of those costs. City Attorney Heid pointed out that Ordinance No. 6366 includes Revised Code of Washington (RCW) code authorizing recovery of costs from convicted persons. Committee members briefly reviewed statutory regulations with regard to the DUI cost recovery program. F.Auburn School District Impact Fees (Coleman) Committee members briefly reviewed the Auburn School District annual report regarding impact fees. G.April 2011 Financial Report (Coleman) Financial Services Manager Rhonda Ewing distributed a sales tax summary sheet and reviewed the April 2011 financial report including General Fund revenues, sales tax revenues, developmental revenues, recreational class fees, and revenues collected from fines. Expenses are running below budget by approximately $3.1 million primarily due to the timing of payments to SCORE, debt service, and under expenditures in professional fees. Manager Ewing reported that the Water Utility Enterprise Fund, is operating at a loss primarily due to the loss of the City of Covington as a wholesale customer and a general decline in water sales. The Sewer Utility is also running at a loss primarily due to a one time adjustment in April to correct prior years' consumption reads and timing of payments to Metro for sewer services. Golf Course revenues are trailing 2010 revenues due to the current economic climate and inclement weather conditions. Member Wagner referred to page 12 of the financial report and requested that reports for Enterprise Funds include working capital in addition to beginning fund balances. Chair Backus requested that staff provide an update on the shared Resource Conservation Manager. VI.ADJOURNMENT There being no further business to come before the Committee, the meeting adjourned at 7:05 p.m. APPROVED THE _____ DAY OF JULY, 2011. Page 6 of 7 FN.0 ___________________________ _____________________________ Nancy Backus, Chair Cathy Richardson, Deputy City Clerk Page 7 of 7 FN.0 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the June 20, 2011 City Council Meeting Date: June 29, 2011 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: City Council approve the June 20, 2011 City Council minutes. Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:July 5, 2011 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A City Council Meeting June 20, 2011 - 7:30 PM Auburn City Hall MINUTES I.CALL TO ORDER A.Flag Salute Deputy Mayor Sue Singer called the meeting to order at 7:30 p.m. and led those in attendance in the Pledge of Allegiance. B.Roll Call Councilmembers present: Rich Wagner, Sue Singer, Nancy Backus, Lynn Norman, and Virginia Haugen. Councilmember Bill Peloza arrived at 7:31 p.m. Councilmember John Partridge arrived at 7:32 p.m. Directors and staff members present: Public Works Director Dennis Dowdy, City Attorney Daniel B. Heid, Planning Manager Elizabeth Chamberlain, Economic Development Manager Doug Lein, Financial Planning Manager Rhonda Ewing, Parks, Arts and Recreation Director Daryl Faber, and Deputy City Clerk Cathy Richardson. C.Announcements, Appointments, and Presentations There were no announcements, appointments or presentations. D.Agenda Modifications There was no change to the agenda. II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A.Public Hearings There was no public hearing scheduled. B.Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. Councilmember Peloza arrived at this time. Bob Darrigan, 104 South 305th Place, Federal Way On behalf of the Lions Club, Mr. Darrigan thanked Councilmembers, Director Faber and Parks Maintenance Manager Mike Miller for their contributions, assistance, and facilitation of the special needs fishing derby. Mr. Page 1 of 10 CA.A Darrigan reported on participation in the event by the Washington State Department of Fish and Wildlife and contributions by Auburn Sports and Marine and various businesses. It was a very successful event and there were approximately 150 participants. Mr. Darrigan displayed pictures of some of the participants and the large fish they caught. Mr. Darrigan thanked Councilmembers and the City of Auburn for their support of this event. Councilmember Partridge arrived at this time. David Bryan, Lions Club Alliance Zone 19C3 Chairman On behalf of the Lions Club, Mr. Bryan presented a certificate to the City of Auburn expressing their appreciation for the City's support of the Special Needs Fishing Derby. Vernon Hill, 635 7th Street NE #207, Auburn Mr. Hill stated that he is a supporter of Working Washington. Mr. Hill distributed and read an open letter on behalf of Working Washington. Mr. Hill urged Council to promote policies that create good jobs within the Auburn community. Mr. Hill was accompanied by a number of supporters of Working Washington. Sam Pace, 29839 - 154th Avenue SE, Kent Mr. Pace spoke on behalf of the Seattle/King County Realtors and expressed their support of Ordinance No. 6342 regarding construction sales tax exemption and Ordinance No. 6365 regarding development of electric vehicle infrastructure. With regard to Ordinance No. 6342, Mr. Pace spoke of the downturn in the financial market and the lack of financing for project development. Mr. Pace commended the actions by the City of Auburn with regard to expanding their means to encourage development within the city and spoke regarding the benefits that the ordinance will provide, if adopted. Mr. Pace also commended the City Council for consideration of Ordinance No. 6366 and the common-sense approach to be part of the solution with regard to new vehicle technology. C.Correspondence There was no correspondence. III.COUNCIL COMMITTEE REPORTS A.Municipal Services 1.June 13, 2011 Minutes (Peloza) Chair Peloza reported that the Municipal Services Committee met on June 13, 2011 at 3:30 p.m. The Committee approved the consent agenda and discussed Ordinance No. 6364 regarding amendment of the parking code which authorizes police officers to issue citations and impound vehicles for violations with regard to obstructing other parked vehicles on public streets. The Committee also discussed Ordinance No. 6366 relating to law enforcement cost recovery for emergency responses to incidents involving citizens driving while under the influence of alcohol. The Committee also Page 2 of 10 CA.A discussed animal control and rescue and was advised that a draft professional services agreement is being reviewed by the Auburn Valley Humane Society. The Committee received a report on the Airport Master Plan, which was established in 2001. The plan is currently being reviewed by the Airport Advisory Board. The Committee also addressed noise concerns of residents living near the Muckleshoot Indian Tribe (MIT) fireworks stands and pyrotechnic discharge area with regard to recent vendor demonstrations of fireworks. The Committee discussed the noise issues including possibly banning fireworks within the City. Mayor Lewis corresponded with the MIT addressing this issue and MIT reminded those selling fireworks to adhere to MIT regulations governing fireworks sales and discharge. City Council representatives will also be meeting with the Muckleshoot Tribal Council regarding this issue in the near future. The Committee matrix was also reviewed and revised. The next meeting of the Municipal Services Committee is scheduled for June 27, 2011 at 3:30 p.m. B.Planning & Community Development 1.June 13, 2011 Minutes (Norman) Chair Norman reported that the Planning and Community Development Committee met on June 13, 2011 at 5:00 p.m. The Committee approved Ordinance No. 6365 regarding development of electric vehicle infrastructure and Ordinance No. 6342 regarding construction sales tax exemption. The Committee also received a report on various parks projects, events such as the Special Olympics and Petpalooza, Auburn Senior Center, Discovery Park, Auburn Activity Gymnasium, a pilot project for an off-leash dog park, and Park Board volunteers. Chair Norman reported that it has been a successful year despite current economics. The Committee also received a report from the Urban Tree Board which has done a great job working with the public and assisting residents in obtaining protection of significant or historical trees. The Urban Tree Board is currently developing a quarterly article to be published online and in the Auburn Reporter regarding proper techniques for tree pruning and care. The Committee also discussed Resolution No. 4715 regarding the Environmental Park Wetlands Trail boardwalk which will provide an opportunity for visitors to get an up-close view of vegetation and wildlife. Chair Norman commended staff efforts to reduce construction costs for the boardwalk project which includes, among other savings, obtaining participation in the project by the Washington Conservation Corps. The Committee also discussed the Planning and Community Development Committee matrix. The next regular meeting of the Planning and Community Development Committee is scheduled for June 27, 2011 at 5:00 p.m. C.Public Works 1.June 6, 2011 Minutes (Wagner) Chair Wagner reported that the Public Works Committee met this afternoon at 3:30. The Committee approved a right-of-way use permit for groundwater monitoring for wells located in the City's right-of-way. The Committee also Page 3 of 10 CA.A approved contract administration items including CP1102, 2011 Arterial and Collector Street Pavement Preservation project, and CP0756, Lea Hill Pump Station Decommissioning Phase 2 project. The Committee also approved Resolution No. 4717 regarding the A Street NW Extension project which is approximately 85% federally funded. Improvement of approximately 1 1/2 miles of A Street NW will greatly improve north/south access into the City. The Committee also received a presentation from the Bicycle Task Force which included suggestions for areas where the City might test the "Sharrow" concept, which is a signage system that is installed to alert citizens that the road is being shared by bicycles. Also presented were potential locations for additional bike lanes. The test project for the "Sharrow" concept will be located on East Main Street, then turn and go partially down R Street. If successful, the City will consider installing "Sharrow" signage in many parts of the City used by bicyclists. The Committee also approved a water leak adjustment and discussed surplus property Resolution No. 4616, Ordinance No. 6365 regarding electric vehicle infrastructure, and a mural at the new reservoir in the Lakeland area. The Committee also received a presentation on the Division Street Promenade project and reviewed the capital status report. The next regular meeting of the Public Works Committee is scheduled for Tuesday, July 5, 2011 at 3:30 p.m. D.Finance 1.June 6, 2011 Minutes (Backus) Chair Backus reported that the Finance Committee met this evening at 6:00. The Committee approved claims and payroll vouchers. Chair Backus reported that there were 419 claims which included payables to Waste Management for $633,000, Association of Washington Cities for $64,000, King County Finance for $82,000, and RW Scott for $158,000 for the Save Our Streets (SOS) program. The Committee also approved Ordinance No. 6361 which provides clarification on the moratorium on social card games, Resolution No. 4713, a Collective Bargaining Agreement with the Police Department, and surplus property Resolution No. 4716. Chair Backus commended the significant negotiation and mediation efforts by the Police Guild, Director Brenda Heineman and Human Resources staff. The Committee also discussed Ordinance No. 6342 regarding construction sales tax exemption, Resolution No. 4715 regarding the Auburn Environmental Park Boardwalk Trail and an agreement with the Washington Conservation Corps, Resolution No. 4717 regarding the A Street NW Extension, Ordinance No. 6364 regarding amendment to the parking code, Ordinance No. 6366 regarding recoupment of law enforcement costs, Auburn School District impact fees, and the April 2011 financial report. The next regular meeting of the Finance Committee is scheduled for Tuesday, July 5, 2011 at 6:00 p.m. E.Les Gove Community Campus The Les Gove Community Center meeting has not met since the last Council meeting. Page 4 of 10 CA.A F.Downtown Redevelopment Chair Norman reported that the Downtown Redevelopment Committee has not met since the last Council meeting. The next meeting of the Downtown Redevelopment Committee is scheduled for July 12, 2011 at 4:00 p.m. G.Council Operations Committee The Council Operations Committee has not met since the last Council meeting. IV.REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on state, regional and local organizations. A.From the Council Councilmember Wagner reported that he attended the Pierce County Regional Council meeting at which the City of Auburn received an endorsement for an additional representative on the Puget Sound Regional Council advisory boards for the suburban cities of King County. Councilmember Norman reported that she attended the grand opening of Mary Olson Farm which was well attended even though it was raining. She also attended the groundbreaking for the South Division Street Promenade project which was also well attended. Councilmember Norman also reported that the Campus Corner Apartments at Green River Community College honored Charles Poe for his participation and responsibility for that project. Councilmember Norman also commended all the dance companies in the area for their efforts and dedication on behalf of the youths in the Auburn community. Councilmember Backus reported that she and Councilmember Partridge attended the Leadership Institute of South Puget Sound graduation ceremony. Councilmember Backus commended Councilmember Norman for her leadership as the Director of the Leadership Institute of South Puget Sound for the past thirteen years and congratulated her on her upcoming retirement. She also attended the Senior Center Coffee Hour, South Division Street Promenade groundbreaking, Valley Regional Fire Authority Board meeting, Auburn International Farmers Market, and the Association for Persons in Supported Employment (APSE) Employers Leadership Forum at which King County Executive Dow Constantine gave the keynote address on the importance of including persons with disabilities in our workforce and the benefits received by doing so. Auburn School District Superintendent Dr. Kip Herren served as a panelist at the Forum and provided a great deal of information on individuals with disabilities hired by the School District and the rewards gained by the employer and the community. Councilmember Backus noted that Auburn High School former student and current volunteer, Bobby Vogel, received an honorary diploma from Auburn High School. She also attended the Washington Elementary School DARE graduation. Page 5 of 10 CA.A Councilmember Peloza reported that he attended a Suburban Cities Association (SCA) Public Issues Committee meeting to discuss the Veterans and Human Services levy, flood control on the Seattle seawall, the Ten Year Plan to End Homelessness, and levee certifications. He also attended a Solid Waste Advisory Committee meeting to discuss the King County capital projects schedule, including the Cedar Hills Landfill which will close in 2024. Councilmember Peloza urged citizens to recycle in order to extend the life of the landfill and reported on the King County interlocal agreement for waste disposal. Councilmember Peloza also reviewed the direct disposal payment system. He also attended an Airport Advisory Board meeting at which they reviewed policy on parking of vehicles at the Airport, the Airport Master Plan, hangar rows 9 and 10 roofing, runway lighting project completion, annual hangar inspection report, Airport security procedures, and best environmental practices for the washing of airplanes. He also attended a King County Flood Control District meeting to discuss the 2012 Budget and 2017 Capital Projects plans, the South Division Street Promenade project groundbreaking, an ecology meeting on the total maximum daily load on the Green River, and the Mary Olson Farm grand opening. Councilmember Peloza also reported on the grand opening of the 2011 Auburn International Farmers Market. Councilmember Haugen reported that she attended the Mary Olson Farm grand opening. Deputy Mayor Singer reported that she attended DARE graduations at Dick Scobee and Chinook Elementary Schools. She also visited the Puget Sound Regional Council to introduce Auburn City Council candidate Largo Wales and to attend a Transportation Priorities Workshop at which they made great strides on making maintenance a priority in the regional transportation planning process. She chaired the Auburn Tourism Board meeting at which they discussed ways to utilize Mary Olson Farm for various events. She also attended the grand opening of the Mary Olson Farm and commissioned two new police officers this morning. Deputy Mayor Singer reported that letters of intent have been signed by new tenants for the old Wal-Mart building. Deputy Mayor Singer also pointed out that there is a great newspaper article about Bobby Vogel receiving an honorary diploma in the Seattle Times this morning. B.From the Mayor Mayor Lewis was not present as he is attending the United States Conference of Mayors this week. V.CONSENT AGENDA A.Minutes of the June 6, 2011 City Council Meeting B.Claims Vouchers (Backus/Coleman) Claims check numbers 404826 through 405245 in the amount of $4,035,745.78 and dated June 20, 2011. C.Payroll Vouchers (Backus/Coleman) Payroll check numbers 531511 to 531609 in the amount of $830,101.74 and Page 6 of 10 CA.A electronic deposit transmissions in the amount of $1,159,986.82 for a grand total of $1,990,088.56 for the pay period covering June 2, 2011 to June 15, 2011. D.Public Works Project No. CP0756 (Wagner/Dowdy) City Council award Contract No. 11-02 to Hoffman Construction Inc. on their low bid $498,886.40 plus Washington State sales tax of $47,394.21 for a total contract price of $546,280.61 for Project No. CP0756 - Lea Hill Pump Station Decommissioning Phase 2. E.Public Works Project No. CP1102 (Wagner/Dowdy) City Council grant permission to advertise for bids for Project No. CP1102, 2011 Arterial and Collector Street Pavement Preservation.(ACTION REQUESTED: City Council approve the Consent Agenda.) Councilmember Wagner moved and Councilmember Backus seconded to approve the Consent Agenda. Councilmember Wagner reviewed the items on the consent agenda. MOTION CARRIED UNANIMOUSLY. 7-0. VI.UNFINISHED BUSINESS There was no unfinished business. VII.NEW BUSINESS There was no new business. VIII.ORDINANCES A.Ordinance No. 6342 (Norman/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, amending section 3.60.035 of the Auburn City Code regarding construction sales tax exemption Councilmember Norman moved and Councilmember Backus seconded to introduce and adopt Ordinance No. 6342. Councilmember Haugen expressed opposition to Ordinance No. 6342. MOTION CARRIED. 6-1. Councilmember Haugen voted no. B.Ordinance No. 6361 (Backus/Heid) An Ordinance of the City of Auburn, Washington, amending Ordinance No. 5250, adopted June 21, 1999, prohibiting social card games conducted as a commercial stimulant except for those establishments currently licensed by the Washington State Gambling Commission and/or lawfully operating in the City as of June 7, 1999; establishing penalties for violations; and providing that the moratorium on social card games conducted as a commercial stimulant as established under Ordinances 5249 and 5198 be terminated unless this ordinance is determined to Page 7 of 10 CA.A be invalid or unenforceable for any reason Councilmember Backus moved and Councilmember Wagner seconded to introduce and adopt Ordinance No. 6361. MOTION CARRIED UNANIMOUSLY. 7-0. C.Ordinance No. 6364 (Peloza/Lee) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 10.36.360 of the Auburn City Code and creating new Sections 10.36.215 and 10.36.216 of the Auburn City Code, relating to parking Councilmember Peloza moved and Councilmember Partridge seconded to introduce and adopt Ordinance No. 6364. MOTION CARRIED UNANIMOUSLY. 7-0. D.Ordinance No. 6365 (Norman/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, amending chapter 18.04 of the Auburn City Code and creating a new Chapter 18.47 of the Auburn City Code for the purpose of compliance with RCW 35.63.126 to allow the development of electric vehicle infrastructure( Councilmember Norman moved and Councilmember Backus seconded to introduce and adopt Ordinance No. 6365. MOTION CARRIED UNANIMOUSLY. 7-0. E.Ordinance No. 6366 (Peloza/Lee) An Ordinance of the City Council of the City of Auburn, Washington, creating a new section 10.04.015 of the Auburn City Code and a new Chapter 3.90 of the Auburn City Code, relating to the recoupment of law enforcement costs for responding to incidents involving intoxicated persons Councilmember Peloza moved and Councilmember Partridge seconded to introduce and adopt Ordinance No. 6366. MOTION CARRIED UNANIMOUSLY. 7-0. IX.RESOLUTIONS A.Resolution No. 4713 (Backus/Heineman) A Resolution of the City Council of the City of Auburn, Washington, approving the collective bargaining agreement between the City of Auburn and the Auburn Police Guild for 2011-2012 Councilmember Backus moved and Councilmember Norman seconded to adopt Resolution No. 4713. Councilmember Haugen expressed opposition to Resolution No. 4713. Page 8 of 10 CA.A MOTION CARRIED. 6-1. Councilmember Haugen voted no. B.Resolution No. 4716 (Backus/Coleman) A Resolution of the City Council of the City of Auburn, Washington declaring certain items of property as surplus and authorizing their disposal Councilmember Backus moved and Councilmember Norman seconded to adopt Resolution No. 4716. MOTION CARRIED UNANIMOUSLY. 7-0. C.Resolution No. 4717 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to award and execute an agreement with the lowest possible responsible bidder for construction of Public Works Contract Number 11-13 for Project C207A, A Street NW Extension (A/B Corridor) Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4717. Councilmember Wagner expressed appreciation for the efforts of Senator Patty Murray and Representative Dave Reichert in obtaining federal funding for this project. The project, improving approximately 1 1/2 miles of A Street NW, will greatly improve north/south access into the City and will alleviate some traffic off of Auburn Way. Councilmember Haugen expressed opposition to the sound wall portion of this contract and expressed concerns about the single-family residential neighborhood in that area. Deputy Mayor Singer pointed out that the sound barrier is a federal requirement . Councilmember Wagner stated that the City is using a high-tech material that has rubber and plastic embedded in it which enables it to absorb sound better than materials previously used for sound barriers. The City opted to build the sound barrier at a greater height than federal requirements dictate. The sound barrier will be located near a multi-family housing neighborhood. MOTION CARRIED. 6-1. Councilmember Haugen voted no. X.EXECUTIVE SESSION There was no executive session. XI.ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:42 p.m. APPROVED THE ______ DAY OF JULY, 2011. Page 9 of 10 CA.A Peter B. Lewis, Mayor Cathy Richardson, Deputy City Clerk Page 10 of 10 CA.A AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers Date: June 29, 2011 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve the claims vouchers. Background Summary: Reviewed by Council Committees: Finance Councilmember:Backus Staff:Coleman Meeting Date:July 5, 2011 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers Date: June 29, 2011 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve the payroll vouchers. Background Summary: Reviewed by Council Committees: Finance Councilmember:Backus Staff:Coleman Meeting Date:July 5, 2011 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. C201A Date: June 28, 2011 Department: Public Works Attachments: Budget Status Sheet Bid Tab Summary Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council award Contract No. 11-17, to Buckley Recycle Center, Inc. on their low bid of $155,360.00 plus Washington State sales tax of $14,759.20 for a total contract price of $170,119.20 for Project No. C201A Residential Buildings Demolition Background Summary: The City has purchased and vacated eight residential properties for the M Street SE Underpass project. All Structures on these properties are to be demolished as part of the City's property management efforts and will help the City maintain a safe and secure area. Trees, shrubs, and other vegetation will be left in place and gravel will be set where the existing structures are removed. The City will also demolish the City owned residential structure at 9404 South 352nd Street, which is in Cedar Lane Park. This structure formerly housed the park's caretaker but since the caretaker is no longer needed, the residence has been vacated. The cost to bring the structure up to standards where it may be rentable is $50,000 - $60,000, which exceeds the cost of demolition. The property will return to park land upon demolishing the structure. The total cost of demolitions is anticipated to be $271,119 of which $30,000 is from the City's facilities management budget and $250,000 is from the overall budget for the M Street SE Underpass project. A project contingency of $8,881 remains in the M Street SE Underpass project budget. O4.9.1 C201A Contract 11-17 Reviewed by Council Committees: Public Works AUBURN * MORE THAN YOU IMAGINEDCA.D Councilmember:Wagner Staff:Dowdy Meeting Date:July 5, 2011 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINEDCA.D Project No: C201AProject Title: Project Manager: Jacob Sweeting Initiation/Consultant Agreement Initiation Date: 2/24/2003 (M St Underpass) Permision to Advertise Advertisement Date: 6/14/2011 Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funding Prior Years 20112012 Future Years Total 102 Fund - Traffic Impact Fees (M Street Underpass)250,000 250,000 Facilities Demolition Budget 30,000 30,000 0 Total 0280,00000280,000 ActivityPrior Years 20112012 Future Years Total Demolition Construction Contract 170,119 170,119 Authorized Contingency 50,000 50,000 Demolition - City Inspection and Mangement10,000 10,000 Demolition - Asbestos Abatement 41,000 41,000 Total 0271,11900271,119 Prior Years 20112012 Future Years Total *102 Funds Budgeted ( )0(250,000)00(250,000) 102 Funds Needed 0241,11900241,119 *102 Fund Project Contingency ( )0 (8,881)00(8,881) 102 Funds Required 00000 Prior Years 20112012 Future Years Total *Funds Budgeted ( )0(30,000)00(30,000) Funds Needed 030,0000030,000 *Fund Project Contingency ( )00000 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City has available. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) BUDGET STATUS SHEET Residential Buildings Demolition Date: 6/28/11 The "Future Years" column indicates the projected amount to be requested in future budgets. 102 Arterial Street Budget Status Facilities Management Budget CA.D CA.D CA.D CA.D AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. C410A Date: June 28, 2011 Department: Public Works Attachments: Budget Status Sheet Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council approve Change Order No. 1 in the amount of $9,865.34 to Contract No. 11-12 for work on Project No. C410A, 277th Wetland Mitigation Monitoring (Annual). Background Summary: The purpose of this project is to monitor and maintain the wetlands created under the S. 277th St Reconstruction Project, Project No. PR562, in order to meet permit requirements during the 10 year monitoring period. The project is currently in year 8 of the monitoring period. The City has been working with the Watershed Company and Raedeke Associates to evaluate the performance of the wetlands and prepare construction and permit documents to address the deficiences. In May 2011, Contract No. 11-12 was awarded to Nordic Construction to implement a supplemental mitigation plan for the main site located southeast of West Main Street and West Valley Highway. In June, the Department of Ecology (DOE) met with the City and as a result, several changes were made to the supplemental mitigation plan for the main site and a supplemental mitigation plan was prepared for the Frontage Road site. Change Order No. 1 includes the DOE recommended changes to the main site and also adds the recommended work for the Frontage Road site. The work is anticipated to be completed in late fall, 2011. A project increase of $14,000 within the 102 (Arterial Street) Fund will be necessary, however it will not require a budget adjustment since it is anticipated that the budgeted expenditures in the 102 (Arterial Street) Fund will not be exceeded this year. O4.9.1 C410A Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy AUBURN * MORE THAN YOU IMAGINEDCA.E Meeting Date:July 5, 2011 Item Number:CA.E AUBURN * MORE THAN YOU IMAGINEDCA.E Project No: C410A Title: Project Manager: Leah Dunsdon Project Initiation Initiation Date: _July 19, 2010___ Permision to Advertise Advertisement Date: _April 21, 2011__ Contract Award Award Date: May 16, 2011_ Contract Final Acceptance Monitoring Period FundingPrior Years20112012Future YearsTotal 102 Fund - Unrestricted126,220102,40025,00025,000278,620 Total126,220102,40025,00025,000278,620 ActivityPrior Years20112012Future YearsTotal Design Engineering & Monitoring - City Costs15,6186,5005,000 5,00032,118 Design Eng. & Monitoring - Consultant Costs66,28524,5007,5007,500105,785 Construction Estimate33,2637,5007,50048,263 Construction Contract Bid 53,605 53,605 Authorized Contingency (20%)10,721 10,721 Change Order #1 9,865 9,865 Other - Anticipated payment from PSE (1,291)(1,291) Other - Water Meter Permit Fees6,464 6,464 Construction Engineering - City Costs4,2707,5003,0003,00017,770 Construction Engineering - Consultant Costs3205,0002,0002,0009,320 Total126,220116,40025,00025,000292,620 Prior Years20112012Future YearsTotal 102 Funds Budgeted(126,220)(102,400)(25,000)(25,000)(278,620) 102 Funds Needed126,220116,40025,00025,000292,620 (102 Fund Project Contingency) 00000 102 Funds Required 0 14,000 0 0 14,000 102 Arterial Street Budget Status Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) BUDGET STATUS SHEET 277th Wetland Mitigation Monitoring (Annual) Date: June 27, 2011 CA.E CA.E AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP0803 Date: June 28, 2011 Department: Public Works Attachments: Budget Status Sheet Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council grant permission to advertise for bids for Project No. CP0803, 37th Street SE/R Street SE Pedestrian Connector. Background Summary: The purpose of this project is to design and construct a 10-foot wide, non-motorized trail from the end of 37th Street SE approximately 400 feet to connect to the existing sidewalk along R Street SE. A budget of $40,000 from the 102 (Arterial Street) Fund is included in proposed Budget Amendment No. 3, which is anticipated to go to City Council for approval on July 18, 2011. With Budget Amendment No. 3, a project budget contingency of $7,915 will remain in the 102 (Arterial Street) Fund. O4.9.1 CP0803 Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:July 5, 2011 Item Number:CA.F AUBURN * MORE THAN YOU IMAGINEDCA.F Project No: CP0803Project Title: Project Manager: Leah Dunsdon Project Initiation Initiation Date: September 8, 2009 Permision to Advertise Advertisement Date: ________ Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funding Prior Years 20102011 Future Years Total 102 Fund - State Grant 11,57116,31496,415124,300 102 Fund 9,41943,00052,419 **102 Fund (Proposed Budget Amendment #3)40,00040,000 Total20,99016,314179,4150216,719 Activity Prior Years 20102011 Future Years Total Design Engineering - City Costs20,99016,31420,00057,304 Construction Estimate 130,000130,000 Project Contingency (10%)13,00013,000 Other (WSDOT Design & Construction Costs)1,0001,000 Construction Engineering - City Costs 7,5007,500 Total20,99016,314171,5000208,804 Prior Years 20102011 Future Years Total *102 Funds Budgeted ( )(20,990)(16,314)(179,415)0(216,719) 102 Funds Needed 20,99016,314171,5000208,804 *102 Fund Project Contingency ( )00(7,915)0(7,915) 102 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City has available. ** Budget Amendment #3 is anticipated to be approved at the July 18, 2011 City Council meeting. 102 Arterial Street Fund Budget Status Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) BUDGET STATUS SHEET 37th Street SE / R Street SE Pedestrian Connector Date: June 27, 2011 The "Future Years" column indicates the projected amount to be requested in future budgets. H:\PROJ\CP0803 37th Street SE, R Street SE Ped. Connector\Budget\CP0803.BudgetStatusSheet.xls1 of 1 CA.F CA.F AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP0916 Date: June 28, 2011 Department: Public Works Attachments: Budget Status Sheet Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council grant permission to advertise for bids for Project No. CP0916 West Valley Highway Improvements. Background Summary: The West Valley Highway Improvement Project will re-construct and widen West Valley Highway between West Main Street and the SR18 off-ramp. The improved roadway will include a sidewalk, bicycle lanes, lighting, center landscaped median, and low impact development (LID) drainage features such as pervious sidewalks, bio-retention swales, and compost amended vegetated filter strips (CAVFS). The project will improve drainage to allow hillside runoff to drain through an improved conveyance system and prevent water from damaging the roadway. The existing traffic signal at the intersection of West Valley Highway and Main Street will be replaced and the intersection widened to improve turning movements. The roadway construction requires the full closure of West Valley Highway for up to 2 months while the existing roadway and roadbed is removed, widened, and replaced. An incentive is proposed for the Contractor to work double shifts to shorten the closure duration. Signs will be placed on West Valley Highway at least two weeks prior to the closure. The City has secured a permit with WSDOT to place signs on SR18 and SR167 to warn drivers of the closure. Detour routes will be posted on West Main Street, C Street SW, and 15 Street SW. The total anticipated project costs are $3,842,710. The total project budget is $3,912,336, of which $2,323,626 is funded by a State Transportation Improvement Board (TIB) safety grant, $800,000 is funded by bond proceeds from the 432 Storm Utility Fund, and $705,000 is funded from the 102 Arterial Street Fund and $83,710 is funded from the 124 Traffic Mitigation Fund. A project contingency of $14,626 is anticipated in the 102 Arterial Street Fund. AUBURN * MORE THAN YOU IMAGINEDCA.G O4.9.1 CP0916 Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:July 5, 2011 Item Number:CA.G AUBURN * MORE THAN YOU IMAGINEDCA.G Project No: CP0916 Project Manager: Jacob Sweeting Date: June 27, 2011 Consultant Agreement Initiation Date: January 17, 2008 Permision to Advertise Advertisement Date: ________ Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funding Prior Years 20102011 Future Years Total 102 Fund - Unrestricted Street Revenue 55,00055,000 102 Fund - TIB Grant 261,3002,062,3262,323,626 102 Fund - Traffic Impact Fees 25,000530,000555,000 124 Fund - Traffic Mitigation Fund8,71075,000 83,710 432 Fund - Storm Utility Fund 800,000800,000 102 Fund - from REET2 (Budget Amendment #1)95,000 95,000 Total8,710456,3003,447,32603,912,336 Activity 2009 (Actual)2010 2011 Future Years Total BUDGET STATUS SHEET The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Costs (Funds Needed) Activity (Actual)2010 2011 Years Total Design Engineering (Consultant)261,320313,680575,000 Design Engineering (City)8,71023,00050,00081,710 Right of Way 0 Construction Estimate 2,660,0002,660,000 Contractor Incentive 140,000140,000 Construction Contingency (10%)266,000266,000 Construction Engineering 120,000120,000 Total8,710284,3203,549,68003,842,710 2009 20102011 Future Years Total *102 Funds Budgeted ( )(8,710)(381,300)(2,592,326)0(2,982,336) 102 Funds Needed 8,710209,3202,749,68002,967,710 *102 Fund Project Contingency ( )0(171,980)00(14,626) 102 Funds Required 00157,35400 Prior Years (Actual)20102011 Future Years Total *124 Funds Budgeted ( )0(75,000)00(75,000) 124 Funds Needed 075,000075,000 *124 Fund Project Contingency ( )00000 124 Funds Required 00000 102 Arterial Street Budget Status 124 Traffic Mitigation Funds Budget Status 432 Storm Budget Status 1 of 2 CA.G Project No: CP0916 Project Manager: Jacob Sweeting Date: June 27, 2011 BUDGET STATUS SHEET Prior Years (Actual)20102011 Future Years Total *432 Funds Budgeted ( )00(800,000)0(800,000) 432 Funds Needed 00800,0000800,000 *432 Fund Project Contingency ( )00000 432 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City has available. 2 of 2 CA.G CA.G AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1002 Date: June 28, 2011 Department: Public Works Attachments: Budget Status Sheet Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council approve Change Order No. 1 in the amount of $75,000 to Contract No. 10- 03 for work on Project No. CP1002 2010 Local Street Pavement Preservation Project. Background Summary: The 2010 Local Street Pavement Preservation project is rehabilitating deficient pavement on 1.4 miles of local streets in and around the City's downtown area. This rehabilitation is being accomplished by replacing damaged concrete pavement panels on 0.9 miles of streets, overlaying 0.3 miles of streets, and reconstructing the pavement on 0.1 miles of streets. This work is funded by the 103 (Local Street Fund). This project is also replacing the damaged concrete pavement panels on 1st St NE between Auburn Way N and Auburn Ave (0.1 miles). This work was funded by the 105 (Arterial/Collector Street Preservation) fund. This project includes replacing the undersized water main and storm drainage lines on 3rd St NE between K St NE and M St NE and replaced a portion of the shallow water mains on 1st and 3rd St NE between Auburn Way N and D St NE. This work is funded by the 430 (Water) fund and the 432 (Storm) fund. Change Order No. 2 includes the following additional items of work: 1) Removal of broken concrete pavement panels and unsuitable soil material that was discovered under existing asphalt pavement during the pavement patching work on 3rd St NW (between C St NW and D St NW) and A/2nd St NE (between 3rd St NE and Auburn Avenue). 2) Adjustment of catch basins and regrading of pavement to address drainage issues along 3rd St NE between Auburn Way N and D St NE. AUBURN * MORE THAN YOU IMAGINEDCA.H 3) Additional saw cutting at various locations required as part of the concrete pavement panel replacement work that was previously unanticipated. A project increase of $79,267 within the 103 (Local Street Preservation) fund will be necessary, however it will not require a budget adjustment since these costs were previously anticipated and the budget needed has already been accounted for in the 103 fund this year. A project budget contingency of $2,405 remains in the 105 (Arterial/Collector Street Preservation) fund. A project budget contingency of $149,636 remains in the 430 (Water) fund. A project budget contingency of $11,792 remains in the 432 (Storm) fund. O4.9.1 CP1002 Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:July 5, 2011 Item Number:CA.H AUBURN * MORE THAN YOU IMAGINEDCA.H Project No: CP1002 Project Title: Project Manager: Seth Wickstrom Project Initiation Initiation Date: _December 7, 2010____ Permision to Advertise Advertisement Date: _July 27, 2010___ Contract Award Award Date: _August 16, 2010______ Change Order Approval Contract Final Acceptance Funding Prior Years 20102011 Future Years Total 103 Fund - Local Street Preservation 291,572 400,000 691,572 105 Fund - Arterial/Collector Street Preservation Fund 131,0136,000137,013 430 Fund - Water 2,327310,700313,027 432 Fund - Storm 2,49355,00057,493 328 Fund - Traffic Signal Budget 18,50018,500 Total 0427,405790,20001,217,605 Activity Prior Years 20102011 Future Years Total Design Engineer - City Costs*4,095 4,095 Estimated Cost (Funds Needed) BUDGET STATUS SHEET 2010 Local Street Pavement Preservation Date: June 24, 2011 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Construction Estimate 420,663498,086918,748 Authorized Contigency 35,55535,555 Change Order No. 1 85,99385,993 Change Order No. 2 75,00075,000 Construction Engineering - City Costs*2,64711,00013,647 Total 0427,405705,63401,133,039 * City staff costs are charged against the Engineering Budget and not the Project Budget, and are not shown here. Prior Years 20102011 Future Years Total **103 Funds Budgeted ( )0(291,572)(400,000)0(691,572) 103 Funds Needed 0291,572479,2670770,839 **103 Fund Project Contingency ( )00000 103 Funds Required 0079,267079,267 Prior Years 20102011 Future Years Total **105 Funds Budgeted ( )0(131,013)(6,000)0(137,013) 105 Funds Needed 0131,0133,5950134,608 **105 Fund Project Contingency ( )00(2,405)0(2,405) 105 Funds Required 0 0 0 0 0 Prior Years 20102011 Future Years Total **430 Funds Budgeted ( )0(2,327)(310,700)0(313,027) 430 Funds Needed 02,327161,0640163,391 **430 Fund Project Contingency ( )00(149,636)0(149,636) 430 Funds Required 0 0 0 0 0 105 Arterial and Collector Preservation Budget Status 430 Water Budget Status 103 Local Street Preservation Budget Status 1 of 2CA.H Project No: CP1002 Project Title: Project Manager: Seth Wickstrom BUDGET STATUS SHEET 2010 Local Street Pavement Preservation 432 Storm Budget Status Prior Years 20102011 Future Years Total **432 Funds Budgeted ( )0(2,493)(55,000)0(57,493) 432 Funds Needed 02,49343,208045,701 **432 Fund Project Contingency ( )00(11,792)0(11,791) 432 Funds Required 0 0 0 0 0 328 Traffic Signal Budget Status Prior Years 20102011 Future Years Total **328 Funds Budgeted ( )0(18,500)0(18,500) 328 Funds Needed 018,500018,500 **328 Fund Project Contingency ( )00000 328 Funds Required 0 0 0 0 0 ** ( # ) in the Budget Status Sections indicates Money the City has available. 2 of 2CA.H CA.H AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1108 Date: June 28, 2011 Department: Public Works Attachments: Budget Status Sheet Vicinity Maps Budget Impact: $0 Administrative Recommendation: City Council grant permission to advertise for bids for Project No. CP1108, 2011 City Wide Storm Pond Cleaning. Background Summary: This project is part of the 2011 Storm Drainage Repair and Replacement Program and will remove vegetation and accumulated sediments/debris in the detention cells at the following Storm Drainage sites: Lakeland Hills Way Detention Ponds, Lake Tapps Parkway Detentions Pond, Trillium Detention Ponds, 21st Street SE Detention Pond, Mill Pond Bioswale, Hillcrest East Detention Pond, and Royal Detention Pond This project is anticipated to be completed October, 2011. The project is within the proposed budget for 2011. O4.8.1 CP1108 Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:July 5, 2011 Item Number:CA.I AUBURN * MORE THAN YOU IMAGINEDCA.I Project No: CP1108Project Title: Project Manager: Robert Lee Project Initiation Initiation Date: _________ Permision to Advertise Advertisement Date: ________ Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funding Prior Years 20112012 Future Years Total 432 Fund - Storm Drainage0450,00000450,000 Total 0450,00000450,000 Activity Prior Years20112012Future Years Total Design Engineering - City Costs050,0000050,000 Construction Estimate 0325,00000325,000 Project Contingency (10%)032,5000032,500 Construction Engineering - City Costs042,5000042,500 Total 0450,00000450,000 Prior Years20112012Future Years Total *432 Funds Budgeted ( )0 (450,000)00(450,000) 432 Funds Needed 0450,00000450,000 *432 Fund Project Contingency ( )00000 432 Funds Required 00000 * ( # ) in the Budget Status Sections indicates money the City has available. 432 Storm Drainage Budget Status Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) BUDGET STATUS SHEET 2011 City Wide Storm Pond Cleaning Date: June 27, 2011 The "Future Years" column indicates the projected amount to be requested in future budgets. H:\PROJ\CP1108-2011 Citywide Storm Pond Cleaning\Budget\Pond R&R Budget Status.xls 1 of 1 CA.I CA.I CA.I CA.I AGENDA BILL APPROVAL FORM Agenda Subject: Utility Leak Adjustment Request Date: June 27, 2011 Department: Finance Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve a water utility adjustment to account number 015891, for Libuse Moravec in the amount of $704.51 for a water leak. Background Summary: Linda Moravec submitted a request for leak adjustment on behalf of her mother, Libuse Moravec, on May 2, 2011. The leak adjustment was approved by Utility Billing staff for the maximum $500.00 initial adjustment. An appeal was filed on May 27, 2011 requesting additional relief on the remaining amount. Public Works Committee recommended the account be further adjusted for the maximum additional adjustment available under the Policy. The calculated maximum adjustment is $704.51. F4.5.2 Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Coleman Meeting Date:July 5, 2011 Item Number:CA.J AUBURN * MORE THAN YOU IMAGINEDCA.J AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6368 Date: June 28, 2011 Department: Planning and Development Attachments: Ordinance No. 6368 Environmental Checklist Determination of Non-Significance 10-day Expedited Review Budget Impact: $0 Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6368. Background Summary: Ordinance No. 6368 contains amendments to Chapter 18.04 and Sections 18.26.020, 18.28.020, 18.29.053, 18.30.020,18.32.020 and 18.34.020 of the Auburn City Code for the purposes of allowing small craft distilleries , small craft breweries, wine production facilities and tasting rooms in the Downtown Urban Center, C1 (Light Commercial District), C2 (Central Business District), C3 (Heavy Commercial District), M1 (Light Industrial District) and M2 (Heavy Industrial District) zoning districts. The Planning and Community Development Committee initially discussed ideas and issues for the potential allowance of small craft breweries in October 2010 and gave direction to staff to proceed with initial policy development. In March 2011, staff presented initial policies to the Planning and Community Development Committee and received input and direction to proceed to Planning Commission. The Planning Commission conducted a policy review work session on May 17, 2011 and a duly noticed public hearing on June 7, 2011. Following the close of the public hearing, the Planning Commission recommended to the City Council on a 7-0 vote with one member absent approval of the policy changes contained in the Ordinance. The Planning and Community Development Committee considered the Planning Commission's recommendation on June 27, 2011 and on a unanimous motion recommended approval of Ordinance No. 6368 to the City Council. City staff completed an environmental review of the proposed policy changes pursuant to the City's adopted SEPA standards and issued a Determination of Non-Significance on June 1, 2011. The City also completed and submitted a 10-day expedited review on May 26, 2011 to the Washington State Department of Commerce Growth Management AUBURN * MORE THAN YOU IMAGINEDORD.A Services Division in accordance with RCW 36.70A.106. O3.4.2.1.2 Reviewed by Council Committees: Finance, Planning And Community Development Other: Legal, Planning Commission Councilmember:Norman Staff:Snyder Meeting Date:July 5, 2011 Item Number:ORD.A AUBURN * MORE THAN YOU IMAGINEDORD.A ORDINANCE NO 6 3 68 AN ORDINANCE OF THECITY COUNCIL OF THE CITY OF AUBURN V1IASHINGTON REPEALING SECTION 1804185 OF THE CITY CODE CREATING SECTIONS 1804623 1804855 1804894 AND 1804911 OF THECITY CODE AND AMENDING SECTIONS 1826020 1828020 1829053 1830020 1832020 1834020 OF THE AUBURN CITY CODE FOR THE PURPOSE OF ALLOWING THE FOLLOWING LAND USES IN THE DOWNTOWN URBAN CORE AND THE COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS SMALLCRAFT DISTILLERIES SMALL CRAFT BREWERIES WINE PRODUCTION FACILITIES AND TASTING ROOMS WHEREAS there is currently what is referred to as abeer renaissance which is all about choice flavor and the art of brewing and WHEREAS the Pacific Northwest is one of the major areas of baHey production in the country it is expected that the support for small craft breweries and distillerieswill remain and WHEREAS the industry has an associated elementof tourism small business promotion and local economy of buying and selling products and WHEREAS the question of whether to allow small craftbreweries was raised by staff to fhe Planning and Community Development Committee in October of 2010 and WHEREAS staff gained further direction from the Planning and Community Devel opment Committee at the March 28 2011 meeting and WHEREAS staff presenfed tFie proposed ordinance to the Planning Commission on May 3 2011 as a workshop andatthe May 17 2011 meeting as a public hearing and WHEREAS the Planning Commission recommended that the Cify Council adopt the proposed ordinance amendments Ordinance No 6368 June 29 2011 Page 1 of 15 ORD.A NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHING TON DO ORDAIN as follows Section 1 Repeal of City Code Section That Section 1804185 of the Auburn City Code be and the same hereby is repealed Section 2 Creation of new Sections to City Code That a new Section 1804623 of the Aubum City Code Microbrewery or a small craft brewery be and the same hereby is created to read as follows 1804623 Microbrewery or a small craft brewery Microbrewery or a small craft brewery means a production facility that manufactures beer A microbrewery may sell beer of its own production at refail for on and offpremises consumption and may act as a distributor for beer of its own production Section 3 Creation of new Sections to City Code That a new Section 1804855 of the Aubum City Code Small craft distillery be and the same hereby is created to read as follows 1804855 Small craftdistillery Small craft distillery means a production facility that manufactures distilled spirits thaf can contract distilled spirits for and sell distilled spirits to holders of distillery license manufacturers licenses and growers licenses Section 4 Creation of new Sections to City Code That a new Section 1804894 of the Aubum City Code Tasting room be and the same hereby is created to read as follows 1804894 Tasting room Tasting room means a location separate from or on the same site as the productionmanufacturing site that allows customers to taste samples of wine beer or other alcoholic beverage and has a State of Washington issued liquor license to operate a tasting room In addition to sampling of alcoholic beverages a tasting room may include refail sales for offpremise consumption Ordinance No 6368 June 29 2011 Page 2 of 15 ORD.A Section 5 Creation of new Sectiores to City Code That a new Section 1804911 of the Aubum City Code Wine pcoduction facility be and the same hereby is created to read as follows 1804911 Wine production facility Wine production facility means a productiqn facility that manufactures wine A wine production facility may sell wine of its own production at retail for on and off premises consumption and may act as a distributor for wine of its own production Section 6 Amendment to Section 1826020 C1 Light Commercial District That Section 1826020 of the Auburn City Code be and the same hereby is amended to read as fol lows 1826020 Permitted uses Hereafter all buildings structures or parcels of land shall only be used for the fol lowing unless otherwise provided for in this title A Art music and photography studios B Automobile parking facilities C Bakery and pasfry shops products made must be sold at retail on premises D Banking and related financial institutions excluding drivein facilities E Bowling alleys F Caretaker aparfinent G Civic social and fraternal clubs H Daycare including homebased mini daycare daycare center preschools or nursery schools 1 Delicatessens J Dry cleaning and laundry services K Funeral homes L Grocery stores M Hobby shops N Hospitals to include small animal but does not allow outside runs or kennels 0 Hotels P Laundry self service Q Liquor store R Massage parlors S Meeting roomsandorreception facilities T Motels U Newsstands V News syndicate services W Nursing home X Personal serviceshops Y Pharmacies Z Printing and publishing AA Professional offices Ordinance No 6368 June 29 2011 Page 3 of 15 ORD.A BB Radio and television broadcasting studios CC Retail stores and shops including department and variety stores which offer for sale the following and similar related goods 1 Antiques 2 Art supplies 3 Automobile parts and accessories excluding service and machine shops 4 Baked goods 5 Beverages 6 Bicycles 7 Books and magazines 8 Candy nuts and confectionery 9 Clothing 10 Computers 11 Dairy products 12 Dry goods 13 Flowers and house plants 14 Fruits and vegetables 15 Fumiture and home fumishings 16 Hardware ineluding electrical heating plumbing glass paint wallpaper and related goods 17 Home garden supplies 18 Household appliances 19 Household pets 20 Housewares 21 Jewelry and clocks 22 Meat fish and poultry preprocessed 23 Notions 24 Office supplies and equipment 25 Photographic equipment including finishing 26 Radio television and stereos 27 Shoes 28 Sporting goods 29 Stationery 30 Toys DD Religious institutions EE Restaurant including oufdoor seating but excluding drivein facilities Sale of alcoholic beverages is a secondary use and is limited to onpremises consumption FF Schools including art business barber beauty dancing martial arts and music GG Secretarial services HH Theaters except drivein II Other uses may be permitted by the planning director or designee if the use is determined to be consistent with the irrtent of the zone and is of the same general char acter of the uses permitted in this section JJ Apartments within the North Aubum Business Area as established by Reso lution 2283 provided they are located in a multistory building and at least 50 percent of the gross floor area of the ground floor must contain a permitted use orcombination of uses other than parking as listed in this section The remaining 50 percent or portion thereofl of the ground floor may be apartments conditionally permitted uses lobby area Ordinance No 6368 June29 2011 Page 4 of 15 ORD.A recreation or other uses needed to maintain the building There are no minimum lot area per dwelling unit density calculations to apply to determine the maximum number of dwelling units allowed rather density shall be limited by the application of other required development regulations to the proposal including but not limited to offstreet parking setbacks and landscaping KK Mixeduse development provided that each use is a permitted or conditional use withinthe zone LL Multiplefamily dwellings as part of a mixeduse developmentprovided that compliance to all of the following is demonstrated 1 Multiplefamily dwellings shall only occur concurrent with or subsequent to the development and construction of nonresidential components of the mixeduse develop ment 2 Applications for mixeduse development inclusive of multiplefamily residential dwellings shall include transportation and traific analyses appropriate to the type and scale of the proposed development based on the concurrent deteRnination of the plan ning direcfor and city engineer The planning director and city engineer may require the analysis to address including but notiimited to am or pm traffic impacts andor area circulation planning for motorized and nonmotorized modes of travel and connectivity andor transportation demand management TDM strafegies 3 Applications for the mixeduse development inclusive of multifamily residential dwellings shall include written and plan information demonstrating compliance to appli cable design standards for mixeduse development contained in the city of Aubum multi family and mixeduse design standards 4 Applications for the mixeduse development inclusive of multifamily residential dwellings shall comply as applicable with the neighborhood review meeting require ments of ACC 1802130 Neighborhood review meeting 5 Mixeduse development comprised of a maximum of one building on a devel opment site shall have the entire ground floor comprised of one or more commercial re tail entertainment or office uses that are permitted outright or conditionally provided that uses normal and incidental to the building including but not limited to interior en trance areas elevators and associated waiting areas mechanical rooms and gar bagerecycling areas may be allowed on the ground floor except that nonstreet front age vehicle garages located on the ground floor together with all other normal and inci dental uses shall occupy a maximum of 50 percent of the ground floor space and 6 Mixeduse development that is geographically distributed on a development site amongst two or mote buildings shall have a minimum of 50 percent of the cumula tive building ground floorsquare footagecomprised of one or more commercial refail entertainment or office uses that are permitted outright or conditionally MM BFew pubsWine production facilitv Small craft distillerv Small craft brew erv and tastinq room NN Household goods storage provided the following requirements are met 1 No more than finro main enfrances andor exits to the building and access to the individual storage areas shall bq from the inside of the building 2 Landscaping and architecturaf improvements required to ensure compatibility with present and potentialC1 uses in the vicinity Ord 6269 8 2009 Ord 6253 1 2009 Ord 5666 1 2002 Ard 4547 4Exh B 1992 Ord 4229 2 1987 Ordinance No 6368 June 29 2011 Page 5 of 15 ORD.A Section 7 Amendment to Section 1828020 C2 Central Business District That Section 1828020 of the Auburn City Code be and the same hereby is amended to read as fol lows 1828020 Permitted uses Hereaffer all buildings structures or parcels of land shall only be used for the following unless otherwise provided for in this title A Apartments provided they are located in a multisfory building the ground floor of which must contain a permitted use as listed in subsections B through HH of this sec tion No density limitations shall apply B Art music and photography studios C Automobile parking facilities D Bakery and pastry shops products made must be sold at retail on premises E Banking and related financial institutions For drivein facilities see ACC 1828025C F Caretaker apartment G Civic social and fraternal clubs H Daycare including homebased mini daycare daycare center preschools or nursery schools 1 Delicatessens J Dry cleaning and laundry services K Grocery stores L Healthand physical fitness clubs M Hobby shops N Hospitals to include small animal but does not allow outside runs or kennels 0 Hotels P Laundry self service Q Liquor store R Massage therapy S Meeting rooms andor reception facilities T Motels U Newsstands V News syndicate services W Nursing homes X Personal service shops Y Pharmacies Z Printing and publishing AA Professional offices BB Radio and television broadcasting studios CC Retail stores and shops including department and variety stores which offer for sale the following and similar related goods 1 Antiques 2 Art supplies 3 Automobile parts and accessories excludes sencice and machine shops 4 Baked goods 5 Beverages 6 Bicycles Ordinance No 6368 June 29 2011 Page 6 of 15 ORD.A 7 Booksand magazines 8 Candy nuts and confectionery 9 Clothing 10 Computers 11 Dairy products 12 Dry goods 13 Flowers and houseplants 14 Fruits and vegetables 15 Fumiture and home furnishings 16 Hardware including electrical heatingplumbing glass paint wallpaper and related goods 17 Home garden supplies 18 Household appliances 19 Household pets 20 Housewares 21 Jewelryand clocks 22 Meat fish and poultry preprocessed 23 Notions 24 Office supplies and equipment 25 Photographic equipment including finishing 26 Radio television and stereos 27 Shoes 28 Sporting goods 29 Stationery 30 Toys DD Religious institutions EE Restaurants including outdoor seating For drivein facilities see ACC 1828025C Sale of alcoholic beverages is only allowed pursuant to ACC 1804804 FF Schools including art business barbec beauty dancing martial arts and music GG Secretarial services HH Theaters except drivein II Other uses may be permitted by the planning director or designee if the use is defermined to be consistent with the intent of the zone and is of the same general cha racter of the uses permitted in this section JJ Commuter rail sfations and bus transfer stations KK Commercial recreation Outdoor recreation areas may be allowed but must be part ofi and incidental to the principally permitted commercial recreation use The out door area can be no larger than 25 percent of the floor area of the building of the asso ciated commercial recreation use The entire perimeter of the outdoor recreation area must be landscaped with a fivefoot width ofType III landscaping pursuant to ACC 1850040C unless existing building walls are used I LL BFew pubsffne production facilitv SmaU craft distillerv Small craft brewerv and tastinQ room MM Apartments no density limitations are applied The first floor of any apart ment building that has frontage on Main Street shall contain a use other than residential or parking which is otherwise permitted by the G2 zone Only that portion of the first floor that fronts on Main Streefi needs to be occupied by the nonresidential use All apartment projects on Main Street mustmeet these requirements and then will be consi Ordinance No 6368 June 29 2011 Page 7 of 15 ORD.A sidered a permitted use and therefore a conditional use permit is not required Ord 6269 102009 Ord 5555 1 2001 Ord 5510 1 2001 Ord 5193 1 1998 Ord 4914 1 1996 Otd 4229 2 1987 Section 8 Amendment to Section 1829053 Usesactivites requiring an admin isfrative use permit in the DUC Downtown Urban Center District That Section 1829 of the Aubum City Code beand the same hereby is amended to read as follows 1829053 Usesactivities requiring an administrative use permit The following usesactivifies may be permitted when an administrative use permit has been issued pursuant to the provisions of Chapter 1864 ACC A Expansions of existing automobile maintenance and repair businesses B Expansions of existing gasoline stations C Animal daycare businesses that feature outdoor exercise areas andor ken nelsi D Wine production facilitv Small craft distillerv Small craft brewerv a tastinq room is an outriqht allowed use in the DUG zone Ord 6269 32 2009 Section 9 Amendment to Section 1830020 permitted uses in the C3 Heavy Commercial District That Section 1830020 of theAuburn City Code be and the same hereby is amended to read as follows 1830020 Permitted uses Hereafter all buildings structures or parcels of land in the C3 district shall only be used for the following unless otherwise provided for in this title A Arcades B Art music and photography studios C Auction houses exclading animals D Automobile parking facilities E Automobile repair services F Automobile sales new andor used G Automobile and triack rental H Automobile seryice stations 1 Automobile washes J Bakery and pastry shops products made must be sold at retail on the prem ises K Banking andrelated financial institutions L Bingo halls M Building contractor services including storage yards N Bus passenger terminals 0 Caretaker apartments P Civic social and frafemal associations Q Commercial recreation Ordinance No 6368 June 29 2011 Page 8 of 15 ORD.A R Dancehalls S Daycare including home based mini daycare daycare centers preschool or nursery schools T Delicatessens U Drycleaning and laundry services V Equipment rental and leasing does not include heavy constru ction equipment W Food locker services X Funeral homes Y Grocery stores Z Health and physical fitness clubs AA Hobby shops BB Hospitals to include small animal but does not allow outside runs or ken nels CC Notels DD Laundry selfservice EE Liquor store FF Lumber yards GG Manufacturedmobile home sales lots HH Massage parlor II Meeting rooms andor reception facilities JJ Ministorage warehouses KK Motels LL Motorcycle sales and service MM Newsstands NN News syndicate services 00 Personal secvice shops PP Pharmacies QQ Printing and publishing RR Professionaloffices SS Radio and television broadcasting studios TT Recreational vehicle parks UU Recreational vehicle sales lots W Restaurants W1N Retail stores and shops including department and variety stores which of ferfor sale fhe following and similar related goods 1 PAntiques 2 Art supplies 3 Automobile parts and accessories 4 Baked goods 5 Beverages 6 Bicycles 7 Books and magazines 8 Candy nuts and confectionery 9 Clothing 10 Computers 11 Dairy producfs 12 Dry goods 13 Flowers and house plants 14 Fruitsand vegefables Ordinance No 6368 June 29 2011 Page 9 of 15 ORD.A 15 Fumiture and home furnishings 16 Garden and farm supplies 17 Hardware including electrical heating plumbing glass paint wallpaper and related goods 18 Home garden supplies 19 Household appliances 20 Household pets 21 Housewares 22 Jewelry and clocks 23 Meat fish and poultry preprocessed 24 Notions 25 Nursery and horticultural products 26 Office supplies and equipment 27 Photographic equipment including fihishing 28 Radio television and stereos 29 Shoes 30 Sporting goods 31 Stationery 32 Toys XX Reupholstery and fumiture repair YY Schools including ait business barber beauty dancing driving martial arts and music ZZ Secretarial services AAA Skating arenas BBB Storage warehousing limited to being incidental to principal permitted use on property CCC Suntanning beds DDD Tavems EEE Theaters including drivein FFF Truck sales with repair as a secondary use GGG Otheruses may be permitted by the planning director if the use is deter mined to be consistent withthe intent of the zone and is of the same general character of the uses permitted in this section HHH 13Fewp6U Wine production facilitv Small craft distillerv Smallcraft brew erv and tasting room III Sexually oriented businesses as provided in Chapter 1874 ACC Ord 5835 3 2004 Ord 5383 1 2000 Ord 4910 1 1996 Ord 4229 2 1987 Section 10 Amendment to Section 1832020 permitted uses in the M1 Light In dustrial District That Section 1832020 of he Aubum Cify Code be and the same hereby is amended to read as follows 1832020 Permitted uses Hereafter all buildings strucfures or parcels of land in an M1 light industrial dis trict shall only be used for the following unless othecwise provided for in this title A Automobile service and repair Ordinance No 6368 June 29 2011 Page 10 of 15 ORD.A B Automobile washes C Banks and financial institutions D Building and construction contractor services E Caretaker quarters not more than one per establishment F Cold storage plants G Daycare including mini daycare centers daycare centers preschools or nur sery schools H Equipment rental and leasing 1 Gasoline filling station J General offices K Health and physical fitness clubs L Horticultural nurseries excluding soil mixing M Household movers and storage N Janitorial services 0 Job training and vocational rehabilitation P Manufacturing assembling and packaging of articles products and merchan dise when conducted entirely within an enclosed building Q Ministorage warehouses R Motels and hotels S Multiplefamily dwellings provided they are located in a multistory building the ground floor of which must contain one of the following uses listed in subsections C J K T W X Z and AA of this section The ground floor may contain entrance and lobby areas which serve the dwellings T Personal service shops U Printing publishing and allied industries including such processes as lithog raphy etching engraving binding blueprinting photocopying and film processing V Research development and testing W Restaurants X Retail sales of all types Y Retail sales and rental of automobiles trucks motorcycles recreational vehi cles and boats Z Reupholstery and fumiture repair AA Small appliance repair BB Warehousing and distribution facilities to include wholesale trade not open to the general public This includes motor freight transportation as an incidental use but specifically excludes motor freight transportation as the principal use of the property CC Other similar uses and accessory uses and buildings appurtenarrt to a prin cipal use whichthe planning direcfor or designee finds compatible with the principal permitted uses described in this chapter and consistent with the purpose and intent of the M1 zone bD Sexually oriented businesses as provided in Chapter 1874 ACC EE Commercial recreation including animal race tracksi FF Wine production facilitv Small craft distillerv Smallcraft brewerv and tastinq room Ord 6269 14 2009 Ord 6120 1 2007 Ord 6033 1 2006 Ord 5863 1 2004 Ord 5835 5 2004 Ord 4910 1 1996 Ord 4294 115 1988 Ord 4249 1 1987 Ord 4229 2 1987 Ordinance No 6368 June 29 2011 Page 11 of 15 ORD.A Section 11 Amendment to Section 1834020 permitted uses in the M2 Heavy In dustrial District That Section 1834 of the Aubum City Code be and the same hereby is amended to read as follows 1834020 Permitted uses Hereafter all buildings stnictures or parcels of land in an M2 district shall only be used for the following unless otherwise provided for in this title A Automobile and vehicle sales service and repair B Automobile washes C Banks and financial institutions D Basic wood processing including sawmills planing mills veneering and lami nating of wood E Building and construction contractor services including storage yards F Building movers G Caretaker quarters not more than one per establishment H Convenience grocery stores 1 Enameling galvanizing and electroplating J Equipment rental and leasing and sales K Equipment repair and storage L Gasoline filling station M General offices including corporate headquarters N Health and physical fitness clubs 0 Heavy equipment and truck repair P Household movers and storage Q Janitorial services R Job training and vocational education S Lumber yards T Manufacturing assembling and packaging of articles products or merchan dise U Ministorage warehouses V Motor freight terminals and transportation W Onsite daycare serving a specified permitted use X Outside storage yards Y Personal service shops Z Printing publishing and allied industries including such processes as lithogra phy etching engraving binding blueprintingphotocopying and film processing AA Research development and testing BB Restaurants CC Retail sales of the foqowing and similar related products 1 Bottled gas 2 Computers 3 Farm and garden supplies 4 Hardware and equipment 5 Lumber and building materials 6 Office supplies DD Refail and wholesale trade of products manufactured processed or assem bled onsite Ordinance No 6368 June 29 2011 Page 12 of 15 ORD.A EE Reupholstery and fumiture repair FF Small appliance repair GG Warehousing and distribution facilities to include wholesale trade not open to general public HH Other similar uses and accessory uses and buildings appurtenant to a prin cipal use which the planning director finds compatible with the principal permitted uses described inthis chapter and consistent with the purpose and intent of the M2 zone 11 Sexually oriented businesses as provided in Chapfer 1874 ACC LL Wine qroduction facilitv Small craft distillery Small craft brewerv and tastinQ room Ord 6033 2 2006 Ord 5835 7 2004 Ord 4910 1 1996 Ord 4662 2 1994 Ord 4304 120 23 1988 Ord 4229 2 1987 Section 12 Imalementation The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry outthe directions of this legislation Section 13 Severabilitv The provisions of this ordinance are declared to be sepa rate and severable The invalitlity of any clause sentence paragraph subdivision section or portion of this ordinance or the invalidity of the application thereof to any person or circum stance shall not affeeC the validity of the remainder of this ordinance or the validity of its applica tion to other persons or circumstances Section 14 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 ATTEST Danielle E Daskam City Clerk Ordinance No 6368 June 29 2011 Page 13 of 15 ORD.A APPRO AS TO FORM DamreflB ei ity Attomey Published Ordinance No 6368 June 29 2011 Page 14 of 15 ORD.A TEXT OF CODE SECTION BEING REPEALED 1804185 Brew pub Brew pubn alsoknown as amicrobrewery means an eating and drinking estabiish ment whicfi includes the brewing of beer ale or malt beverage as an accessory use to a fullservice restaurant The amount of beverage produced on the premises cannot be less than 240 barrels or exceed 2400 barrels in any calendar year No more than 30 percent of the prodact brewed may be sold offpremises in either bottles or kegs A loading and unJoading area must then be provided for A fullservice testaurant as de fined by ACC 1804804 must occupy at least 54 percent ofthe gross floor area of the brew pub and restaurarrt combined Any brew pub that does not meet the requirements of this definition will be considered a tavern as defined by ACC 1804895 Ord 6245 3 2009 Ord 5382 1 2000 Ordinance No 6368 June 29 2011 Page 15 of 15 ORD.A ORD.A ORD.A ORD.A ORD.A ORD.A ORD.A ORD.A ORD.A ORD.A ORD.A ORD.A ORD.A ORD.A ORD.A ORD.A ORD.A ORD.A AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4715 Date: June 28, 2011 Department: Planning and Development Attachments: Resolution No. 4715 Draft WCC Contract Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4715. Background Summary: The City of Auburn proposes to construct the Auburn Environmental Park (AEP) Wetlands Trail Boardwalk as an element of City project # C412A0, funded in part with a Washington Wildlife and Recreation Program Urban Wildlife Grant from the Washington State Recreation and Conservation Office. The boardwalk trail is an approximately 1,200-foot pedestrian trail through the AEP that will run between and connect West Main Street with the AEP bird and wildlife viewing tower located on Western Avenue. The majority of the trail will consist of an approximately 1,100-foot elevated wooden boardwalk that is designed to minimize impacts to AEP wetlands, and will allow for year- round use of the trail, including the seasonal periods when water levels in the AEP wetlands are elevated. The boardwalk is designed as a six foot wide, elevated wooden structure supported on pin pile foundations, with curbing on both sides, and guard rails in locations where the boardwalk is more than 30 inches above ground surface and/or where there are areas of seasonal standing water. The boardwalk project also includes the planting of approximately 2,500 native trees and shrubs in seven planting zones covering approximately 93,000 square feet along portions of the AEP bordering the east side of State Route 167 and the north side of West Main Street. For construction of the boardwalk trail, staff proposes to contract with the Washington Conservation Corps (WCC). The WCC was established by the state legislature in 1983 to conserve, rehabilitate, and enhance the state's natural and environmental resources while providing educational opportunities and meaningful work experiences for young adults (ages 18 to 25). The WCC is administered by the Washington State Department of Ecology, and has worked with local, state, and federal agencies to complete numerous restoration, recreation, and stewardship projects across the state, including a number of elevated wooden bridges and boardwalks. WCC currently has 180 Corps AUBURN * MORE THAN YOU IMAGINEDRES.A members working state-wide throughout the year, and is funded by sponsor organizations, state funding, and an AmeriCorps grant from the Corporation for National and Community Service. Resolution No. 4715 establishes the existence of a special market condition pursuant to the public works competitive bidding exemptions in RCW 39.04.280, and authorizes the execution of an agreement between the City of Auburn and WCC for construction of the boardwalk trail. O5.2 C412A0 Reviewed by Council Committees: Finance, Planning And Community Development Other: Legal Councilmember:Norman Staff:Snyder Meeting Date:July 5, 2011 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A RESOLUTIOPI NO 4 7 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON RELATED TO THE AUBURN ENVIRONMENTAL PARK WETLANDS TRAIL BOARDWALK PROJECT PROVIDING FOR AN EXCEPTION TO COMPETITIVE BIDDING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND THE WASHINGtON STATE DEPARTMENT OF ECOLOGY WASHINGTON CONSERVATION CORPS WHEREAS the Auburn Environmental Park AEP is an innovative project that seeks to create a regionally signifcant open space in an urbanized area that offers opportunities for wetland ecosystem restoration fish and wildlife enhancement water quality improvement economic development stormwater detention and flood control public education and recreation and WHEREAS as part of its ongoing management of the AEPthe City proposes to construct a boardwalk in order allow greater access through the AEPwhile protecting and preserving its natural functions the Boardwalk Project and WHEREAS as they have in the past several local community and service organizations have expressed interest in contributing funds materials and labor to this project as a community or service project and WHEREAS the Washington State Department of Ecologys Washington Conservation Corps Corps is organized under the provisions of chapter 43220 RCW to provide a program that enables youth to learn the values of hard work public spiritedness group achievement and cooperation resource conservation and environmental appreciation by working on public works projecfs relafed to natural historic environmental and recreational resources and Resolution No 4715 June 15 2011 Page 1 RES.A WHEREAS the wock that would be involved in connection with Auburn Environmental Park Wetlands Trail Boardwalk Project is the specific type of workthat the Corps was set up to provide in that it wilf addresses statewide priorities by enhancing natural resources creating recreational trails and making outdoor resources available for public enjoyment NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN KING COUNTY WASHINGTON HEREBY RESOLVES as follows Section 1 The City Council of the City of Auburn finds as follows 1 The unique community recreation and educational nafure of the AEP lends itself to joint publicprivafe projects hat enhance the accessibility of the AEP while creating a sense of community ownership in the AEP and 2 The Corps mission complements the purpose and goals of the AEP in that they both enhancethe publics access to environmental resources and working together on the Boardwalk Project will benefit both the Corps and the City and 3 Allowing community organizations to participate in the Boardwalk Project through donations of money materials and labor will enhance the AEPs status as a community asset Section 2 The City Council concludes that the findings adopted in Section 1 create a special rnarket condition justifying awarding project contracts for labor andor materials without competitive selecion Section 3 The Mayor of the Cify of Auburn and theAuburn City Clerk are hereby authorized to execute an Agreement befinreen the City of Auburn and the Washington State Department of Ecology Washington Conservation Corps for construction of the Aubum Environmental Park Wetlands Trail Boardwalk Project in an amount not to exceed FortyFive Thousand Dollars 4500000 wfiich agreement shall be in Resolution No 4715 June 15 2011 Page 2 RES.A substantial conformity with the Agreement a copy of which is attached hereto marked as Exhibit A and incorporated herein by this reference Section 4 The Mayor is hereby authorized to implement such administrative procedures as may be necessaryto carry out the directives of this legislation Section 5 This resolution shall be in full force and effect upon passage and signafures hereon Dated and Signed this day of 2011 CITY OF AUBURN PETER B LEWIS MAYOR ATTEST Danielle E Daskam City Clerk APPR D S TO FORM Da el B Ci ttorn Resolution No 4715 June 15 2011 Page 3 RES.A Page 1 of 5 (excluding Figures) EXHIBIT “A” WCC AGREEMENT NO. THIS CONTRACT made by and between the State of Washington Department of Ecology Conservation Corps, hereinafter referred to as the "DEPARTMENT," and that entity whose name appears in item 1, below, hereinafter referred to as the "SPONSOR." 1 .S P O N S O R :C i t y o f A u b u r n 2 .C O N T A C T S 3 .A D D R E S S :2 5 W e s t M a i n S t . DEPT. PROJECT LEADER Nicholas Mott (360) 407-6946 Auburn, WA 98001 SPONSOR CONTACT Chris Andersen, Environmental Mgr. (253) 876-1962 CREW SUPERVISOR OTHER SPONSOR FISCAL OFFICER Shelley Coleman, Finance Director (253) 804-5019 4 .P R O J E C T T I T L E /D E S C R I P T I O N :A u b u r n E n v i r o n m e n t a l P a r k W e t l a n d s T r a i l B o a r d w a l k 5 .P R O J E C T L O C A T I O N : 413 Western Avenue NW, Auburn, WA 6 .S C O P E O F W O R K :SEE ATTACHMENT ‘A’ 7 .P E R I O D O F P E R F O R M A N C E : CONTRACT BEGINS: July 15, 2011 CONTRACT ENDS: October 31, 2011 8 .M A X I M U M B U D G E T REIMBURSED to DEPARTMENT by Sponsor Provided by DEPARTMENT Cost Provided by SPONSOR/DONATIONS COST WCC Crew $ 45,000 Total DEPARTMENT Cost $ Total SPONSOR COST $ 45,000 TOTAL Above cost Not to be Exceeded 1 0 .S p e c i a l T e r m s a n d C o n d i t i o n s No ⌧ Yes (See VII.) 11. B i e n n i a l C l o s u r e s : In accordance with biennial closing procedures, the sponsor must reimburse the DEPARTMENT no later than June 30, 2012 for services or material supplied under this contract when submitted for payment on properly itemized vouchers (Form A-19). REMARKS A F R S A C C O U N T C O D E TRANS CODE FUND APPN INDEX PROG INDEX PROJECT SUB PROJ PROJ PHAS ORG INDEX CO. OBJ SUB OBJ AMOUNT RES.A Page 2 of 5 (excluding Figures) IN CONSIDERATION OF THE GENERAL TERMS AND CONDITIONS OF THIS CONTRACT, THE PARTIES AGREE AS FOLLOWS: I. All rights and obligations of the parties to this contract shall be subject to and governed by those General Terms and Conditions contained in the text of this contract instrument and Section XVII. 'SPECIAL TERMS AND CONDITIONS." II. In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) Applicable Federal & State Statutes & Regulations, (b) Special Terms and Conditions, and (c) General Terms and Conditions. III. This contract and its appendices, if any, contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. IV. This contract shall be subject to the written approval of the authorized representative of the DEPARTMENT and shall not be binding until so approved. Only the authorized representative by writing (delegation to be made prior to action) shall have the expressed, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by the authorized representative. V. AUTHORITY AND PURPOSE: A. Authority The Legislature enacted Chapter 43.220 RCW which created the Washington Conservation Corps, hereinafter referred to as the "WCC," and named the DEPARTMENT as one of six state agencies having implementation authority. B. Purpose The purpose of this contract is to establish a formal understanding between the DEPARTMENT and the SPONSOR to accomplish the project described in Section 7. "SCOPE OF WORK." This contract is designed to specify the kinds and amounts of goods and services to be used and/or exchanged by the DEPARTMENT and the SPONSOR to their mutual benefit through a WCC project. The SPONSOR acknowledges that participation in the WCC program shall not result in the displacement of currently employed workers, including partial displacement such as reduction in hours of nonovertime work, wages, or other employment benefits, nor in the impairment of existing contracts for services. VI. DEFINITIONS: A. "SPONSOR Contact" shall mean the person who serves as the SPONSOR's lead on the project and shall cooperate with all parties concerned to promote successful completion of the project described in Section 7. 'SCOPE OF WORK.' B. "SPONSOR Work Director" shall mean the person who specifies work to be performed onsite; outlines, describes, and delegates work to be accomplished; supplies necessary orientation and training for use of special equipment and procedures; and is responsible for directing WCC crew supervisor(s) regarding specific project tasks as described in Section 7. "SCOPE OF WORK." C. "DEPARTMENT Project Leader' shall mean the person who is responsible for developing and facilitating the project and shall serve as liaison between the DEPARTMENT and SPONSOR. PROJECT LEADER assumes ultimate responsibility to ensure adequate coordination of the project. D. "Corps Member" shall mean an individual enrolled in the WCC program. Corps members shall not be considered regular state employees. Provisions of law relating to civil service, hours of work, rate of compensation, sick leave, unemployment compensation, state retirement plans, and vacation leave do not apply to the Corps members. However, medical aid and state industrial insurance will be provided by the DEPARTMENT for each Corps member. E. "Crew Supervisor" shall mean the person who is responsible for matters relating to personnel administration and overall project direction. He/she supervises Corps members (generally four or more) regarding work to be accomplished and is responsible for individual crew safety, daily crew supervision and discipline, completes Corps member training plans, and provides a written evaluation of each Corps member's job performance and skills acquired after two months and at termination of employment. VII. SCOPE OF WORK: Both parties agree to compete in a satisfactory and proper manner the services described under the Section "SCOPE OF WORK" of this contract, and to provide materials and supplies necessary to ensure satisfactory completion of the project, including any special equipment required by special work conditions, and to procure any necessary permits such as right of entry. The DEPARTMENT agrees to provide Corps members who will be used to complete said work. All equipment provided by either the DEPARTMENT or the SPONSOR shall be returned to the provider within fifteen (15) days after termination of this contract, unless otherwise specified in Section XVII, "SPECIAL TERMS AND CONDITIONS." RES.A Page 3 of 5 (excluding Figures) VIII. PERFORMANCE: A. Time for Performance: Any work performed prior to the effective date of this SPONSOR CONTRACT, or continuing after the completion date of same, unless otherwise agreed upon in writing herein, will be in violation of this contract and will be at the SPONSOR's expense. B. Compliance With All Laws: The SPONSOR agrees to observe all federal and state laws, regulations, and policies affecting performance under this contract. C. Release of Information or Materials: The SPONSOR will not release any information or materials developed pursuant to this contract without prior written authority from the DEPARTMENT. D. Final Report Evaluation: Within 15 days after termination of this contract, the SPONSOR shall provide the DEPARTMENT with a written evaluation of the project. At a minimum, the following shall be evaluated: 1. Benefit to Corps members 4. Whether the overall goals and objectives of the project were obtained 2. Environmental benefits 5. Suggestions for program improvement 3. Department cooperation/coordination 6. Revised estimates of alternate supplier cost and SPONSOR cost/donation IX. TERMINATION OF CONTRACT: A. Termination by SPONSOR for Cause: If the DEPARTMENT fails to fulfill in a timely and proper manner its obligations under this contract, or if DEPARTMENT shall violate any of the covenants, agreements, assurances, or stipulations of the contract, SPONSOR shall have the right to terminate this contract by giving written notice specifying the effective termination date to the DEPARTMENT at least seven (7) days before such date. B. Termination by DEPARTMENT for Cause: If SPONSOR fails to fulfill in a timely and proper manner its obligations under this contract, or if SPONSOR shall violate any of the covenants, agreements, assurances, or stipulations of the contract, DEPARTMENT shall have the right to terminate this contract by giving written notice specifying the effective termination date to the SPONSOR at least seven (7) days before such date. C. Termination by DEPARTMENT for Convenience: The DEPARTMENT may terminate this contract by giving written notice to SPONSOR of such termination and specifying the effective date thereof at least ten (10) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described above shall be delivered to DEPARTMENT for its review. After the review at the option of DEPARTMENT such documents or material or portions thereof shall become its property. D. Insufficient Funding: In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the after the effective date of this contract and prior to normal completion, the DEPARTMENT may terminate the contract under Section IX.C "Termination by DEPARTMENT for Convenience" clause, subject to renegotiation under those new funding limitations and conditions. X. LIABILITY: A. When direct supervision is provided by the DEPARTMENT employed crew supervisor, the DEPARTMENT agrees that WCC members working under this contract are agents of the DEPARTMENT, and therefore the DEPARTMENT shall be liable for personal injury or property damage caused by WCC Corps member negligence. B. When direct supervision is provided by the SPONSOR, the SPONSOR agrees that WCC Corps members working under this contract are agents of the SPONSOR, and therefore the SPONSOR shall be liable for personal injury or property damage caused by WCC Corps member negligence. C. To the extent that the Constitution and laws of the State of Washington permit, all parties to this contract shall be responsible for damage to persons or property resulting from the negligence on the part of itself, its employees, its agents, or its officers. None of the parties assume any responsibility to the other parties for the consequences of any act or omission of any person, firm, or corporation not a party to this contract. XI. NON-DISCRIMINATION: The DEPARTMENT and the SPONSOR agree to be bound by all federal and state laws, regulations, and policies against discrimination and agree not to discriminate in employment, either directly or indirectly, because of a person's age, sex, sexual orientation, marital status, creed, color, national origin, or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification. RES.A Page 4 of 5 (excluding Figures) XII. DISPUTES: Except as otherwise provided in this contract, when a bona fide dispute arises between the DEPARTMENT and the SPONSOR and it cannot be resolved, either party may request a dispute resolution with the DEPARTMENT The parties agree that this dispute resolution process shall precede any action in a judicial tribunal. Either party's request for a dispute resolution must: A. be in writing; B. state the disputed issues; C. state the relative positions of the parties; D. state the SPONSOR's name, address, and WCC Agreement number; E. be mailed to the DEPARTMENT within thirty (30) days after the party could reasonably be expected to have knowledge of the issue(s) which are now in dispute. XIII. INVOICE VOUCHERS: Reimbursable expenditures under the terms and conditions of this contract shall in no event exceed the amount set forth herein. The SPONSOR shall reimburse the DEPARTMENT for services performed when submitted on a properly itemized voucher (Form A-19) in accordance with Section 9. "MAXIMUM BUDGET' Reimbursement shall be made by the SPONSOR within thirty (30) days of receipt of said voucher. XIV. AMENDMENTS: Changes in the scope of this contract which cause an increase or decrease in the cost of, or the time required for the performance of any part of the scope of work under this contract, shall be accomplished by written amendment and executed by both parties prior to implementation. XV. SUBCONTRACTS: The SPONSOR shall not enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the DEPARTMENT'S PROJECT LEADER. XVI. RECORDS RETENTION: Both parties shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of the SPONSOR CONTRACT These records shall be subject at all reasonable times to inspection, review, or audit by duly authorized personnel for six years after the contract end date. XVII. SPECIAL TERMS AND CONDITIONS: Special terms and conditions of this contract contained in the box below are made a part of this contract (requires initials). Department Sponsor XVII. ENTIRE CONTRACT: This document contains the entire and integrated contract between the parties, and no statement, promise, inducement or agreement made by the DEPARTMENT or its agents or employees that are not contained in this written contract shall be valid or binding. No alteration, addition, or modification of any of the terms or conditions of this contract shall be effective if not in writing and signed by the authorized representatives of the SPONSOR and the DEPARTMENT SIGNATURES: SPONSOR DEPARTMENT BY: BY: TITLE: Mayor, City of Auburn TITLE: Field Operations Coordinator DATE: DATE: Pre-Approved as to form by the Assistant Attorney General Ecology is an Equal Opportunity and Affirmative action employer. For special accommodation needs, contact the Washington Conservation Corps at (206) 407-6947. The TDD number is (206) 407-6006. A t t a c h m e n t ‘A ’S c o p e o f S e r v i c e s . RES.A Page 5 of 5 (excluding Figures) ATTACHMENT ‘A’ Scope of Services In the event of a conflict between the provisions of Attachment ‘A’ and other portions of this contract, the provisions of this Attachment ‘A’ shall control. 1. The contract is for services for an amount not to exceed $45,000.00. Services will be paid at a rate of $3,500 per crew per week. 2. DEPARTMENT shall construct a pedestrian trail and elevated boardwalk per attached plan set [Figure A: Auburn Environmental Park – Boardwalk by AHBL Inc. (Daniel E. Wojtala), April 25, 2011] including all related components such as, but not limited to gravel ramp, concrete headwall, concrete pad, bollards, and viewing platforms, but not including the two entry signs (sheet L1.04, Detail 1) and native planting work shown on sheet L2.01 (Planting Plan). 3. DEPARTMENT shall provide all necessary transportation, tools, equipment, and general training to perform work as specified in this contract. 4. SPONSOR shall provide all materials specified in the material list (Figure B), but not including the two entry signs (sheet L1.04, Detail 1) and the native planting materials shown on sheet L2.01 (Planting Plan) 5. DEPARTMENT and SPONSOR will not be using each others equipment, unless consent by both parties. 6. DEPARTMENT shall complete the work as specified in this contract by the end of the period of performance (page 1). 7. SPONSOR to obtain all necessary development permits and rights of entry to construct trail and boardwalk in accordance with Figure A. 8. SPONSOR shall not provide direct supervision. However, Sponsor’s architect/engineer may provide technical guidance, such as answering questions regarding interpretation of plans. This technical guidance shall not be considered as “direct supervision of the work” as set forth in Section X, and shall not affect the parties’ respective liability as set forth in Section X of this Agreement. 9. SPONSOR will not release any information or materials developed pursuant to this contract without prior written authority from the DEPARTMENT, except as required by law. 10. Typically crew weeks are Monday – Thursday 7:00am – 4:00pm. Alternative work schedules may be coordinated if necessary. 11. DEPARTMENT and SPONSOR shall attend a site orientation/pre-construction meeting one week prior to the start of construction. 12. DEPARTMENT shall provide SPONSOR no less than 4 weeks notice for crew scheduling to allow for SPONSOR sufficient time to procure any materials needed. 13. DEPARTMENT shall obtained an Auburn Business License and L&I Registration prior to the start of construction. RES.A AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4718 Date: June 27, 2011 Department: Public Works Attachments: Resolution No. 4718 Exhibit A Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4718. Background Summary: The City of Auburn has an ongoing need to purchase goods and equipment and staff is recommending that the City enter into an agreement to cooperatively purchase supplies and equipment from the HGACBuy Program at a cost savings. The intended use of this purchasing agreement will be for procuring equipment and vehicles, such as vacuum trucks, sweepers, etc, that can not be purchased from local vendors within the City of Auburn. This agreement provides a nation wide system to allow multiple vendors to have an approved bid for each type of equipment unlike Washington State General Services Administration (State Contract) which normally has only one bid from one vendor for each type of equipment approved. The proposed agreement provides the City more flexibility to secure lower bids for some of our specialized equipment. This agreement is similar to the agreement proposed in Resolution 4719 because neither system covers all types of equipment the City may purchase. One may cover combination vacuum trucks but not sweepers and the other may cover one, both, or neither. The Houston-Galveston Area Council is a regional council of governments operating under the laws of the State of Texas and governed by a board comprised of 35 elected officials from the 13 county regions. The HGACBuy Program is over 30 years old and specializes in high ticket, capital intensive products and services that require technical, detailed specifications and extensive professional skills to evaluate bid responses. All products offered through HGACBuy have been awarded by virtue of a public competitive process that complies with Washington State requirements. RCW 39.34.020 AUBURN * MORE THAN YOU IMAGINEDRES.B allows the City to enter into agreements with other public agencies, including those from other states, to cooperatively purchase supplies and equipment. Participation in the HGACBuy program does not obligate the City to make any purchases, and there is no cost for the City to participate. A copy of the Cooperative Purchasing Agreement with the Houston-Galveston Area Council is attached to the resolution as Exhibit "A". F4.8 Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:July 5, 2011 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B RESOLUTION NO 4 7 1 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYORTO EXECUTE A COOPERATIVE PURCHASING AGREEMENT WITH THE HOUSTONGALVESTON AREA COUNCIL FOR THE PURPOSE OF PURCHASING GENERAL SUPPLIES ANDEQUIPMENT WHEREAS The City of Auburn has an ongoing need to purchase goods and equipment and WHEREAS the HoustonGalveston Area Council is a regional council of governments operating under the laws of the State of Texas and governed by a board comprised of 35 elected officials from the 13 county regions The HGACBuy Program is over 30 years old and specializes in high ticket capital intensive products and services that require technical detailed specifications and extensive professional skills to evaluate bid responses All products offered through HGACBuy have been awarded by virtue of a public competitive process thaf complies with Washington State requirements and WHEREAS RC1N 3934020 allows the City to enter into agreements with other public agencies including those from other sfates to cooperative purchase supplies and equipment and WHEREAS participation in the HGACBuy program does not obligate the City to make any purchases and does not cost the City anything to participate NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN HEREBY RESOLVES as follows Resolution No 4718 June 15 2011 Page 1 of 2 RES.B Section 1 That the Mayor is hereby authorized to execute a Cooperative Purchasing Agreement with the HoustonGalveston Area Council in substantial conformity with the agreement attached hereto as Exhibit A and incorporated herein for the purpose of utilizing the CounciPs contracts with various vendors Section 2 That the Mayor 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 2011 CITY OF AUBURN PETER B LEWIS MAYOR ATTEST Danielle E Daskam City Clerk APPR VE S TO FO an I B Her Cify Att ney Resolution No 4718 June 15 2011 Page 2 of 2 RES.B INTERLOCAL CONTRACT ILC FOR COOPERATIVE PURCHASING No.: Permanent Number assigned by H - GAC THISINTERLOCALCONTRACT (Contract), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 91, Texas Government Code (the Act), by and between the Houston- Galveston Area Council, hereinafter referred to as "H-GAC," having its principal place of business at 3555 Tim mons Lane, Suite 120, Houston, Texas 77027, and * , a local government, a state agency, or a non - profit corporation created and operated to provide one or more governmental functions and services, hereinafter referred to as End User, having its principal place of business at * W I T N E S S E T H WHEREAS , H - GAC is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS , pursuant to the Act, H - GAC is authorized to contract with el igible entities to perform governmental functions and services, including the purchase of goods and services; and WHEREAS , in reliance on such authority, H - GAC has instituted a cooperative purchasing program under which it contracts with eligible entities under the Act; and WHEREAS, End User has represented that it is an eligible entity under the Act, that its gove rning body has authorized this Contract on * (Date), and that it desires to contract with H - GAC on the terms set forth below; NOW, THEREFORE , H - GAC and the End User do hereby agree as follows: ARTICLE 1:LEGAL AUTHORITY The End User represents and warrants to H - GAC that (1) it is eligible to contract with H - GAC under the Act because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state), or a combination of two or more of those entities, a state agency (an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non-profit corporation created and operated to provide one or more governmental functions and services, and (2) it possesses adequate legal authority to enter into this Contract. ARTICLE 2:APPLICABLE LAWS H - GAC and the End User agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Contract. ARTICLE 3:WHOLE AGREEMENT This Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 4:PERFORMANCE PERIOD The period of this Contract shall be for the balance of the fiscal year of the End User, which began * and ends * . This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year, provided that such renewal shall not have the effect of extending the period in which the End User may make any payment due an H- GAC contractor beyond the fiscal year in which such obligation was incurred under this Contract. ARTICLE 5:SCOPE OF SERVICES The End User appoints H - GAC its true and lawful purchasing agent fo r the purchase of certain products and services through the H - GAC Cooperative Purchasing Program. End User will access the Program through HGACBuy.com and by submission of any duly executed purchase order, in the form prescribed by H - GAC to a contractor ha ving a valid contract with H - GAC. All purchases hereunder shall be in accordance with specifications and contract terms and pricing established by H - GAC . Ownership (title) to products purchased through H - GAC shall transfer directly from the contractor to the End User. (over) EXHIBIT A Resolution No. 4718 Exhibit A July 15, 2011 Page 1 of 3 RES.B ARTICLE 6:PAYMENTS H - GAC will confirm each order and issue notice to contractor to proceed. Upon delivery of goods or services purchased, and presentation of a properly documented invoice, the End User shall promptly, and in any case within thirty (30) days, pay H - GACs contractor the full amount of the i nvoice . All payments for goods or services will be made from current revenues available to the paying party.In no event shall H - GAC have any financial liability to the End User for any goods or services End User procures from an H- GAC contractor. ARTICLE 7:CHANGES AND AMENDMENTS This Contract may be amended only by a written amendment executed by both parties, except that any alterations, additions, or deletions to the term s of this Contract which are required by changes in Federal and State law or regulations are automatically incorporated into this Contract without written amendment hereto and shall become effective on the date designated by such la w or regulation. H - GAC reserves the right to make changes in the scope of products and services offered through the H - GAC Cooperative Purchasing Program to be performed hereunder. ARTICLE 8:TERMINATION PROCEDURES H - GAC or the End User may cancel this Contract at any time upon thirty (30) days written notice by certified mail to the other party to this Contract.The obligations of the End User, including its obligation to pay H - GACs contractor for all costs incurred under this Contract prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Contract, until performed or discharged by the End User. ARTICLE 9:SEVERABILITY All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this Contract, which shall continue in full force and effect. ARTICLE 10:FORCE MAJEURE To the extent that either party to this Contract shall be wholly or partially prevented from the performance wit hin the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of wa r, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party’ s control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obliga tion solely to pay funds.Determination of force majeure shall rest solely with H - GAC. ARTICLE 11:VENUE Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of purchase. THIS INSTRUMENT H AS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: * Name of End User (local government, agency, or non - profit corporation) * Mailing Address * City State ZIP Code * By: Signature of chief elected or appointed official * Typed Name & Title of Signatory Date Houston - Galveston Area Council 3555 Timmons Lane, Suite 120, Houston, TX77027 By: Executive Director Attest: Manager D ate: * Denotes required fields rev. 03/11 Resolution No. 4718 Exhibit A July 15, 2011 Page 2 of 3 RES.B * Request for Information To expedite service, please complet e the following blanks relevant to your agencys administrative/elective personnel and return the completed form to H - GAC, Cooperative Purchasing Program, P.O. Box 22777, Houston, TX77227 - 2777 . Name of End User Agency : __ County Name : (Municipality / County / District / etc.) Mailing Address : (Street Address/P.O. Box) (City) (State) (ZIP Code) Main Telephone Number : FAX Number: Physical Address :_ (Street Address, if different from mailing address) (City) (State) (ZIP Code) Web Site Address: Authorized Official: Title : _ (City manager / Executive Director / etc.) Ph No.: Mailing Address: Fx No.: (Street Address/P.O. Box) E - Mail Address : (City) (State) (ZIP Code) Official Contact: Title: (Purchasing Agent/Auditor etc.) Ph No.: Mailing Address: Fx No.: (Street Address/P.O. Box) Email Address : (City) (State) (ZIP Code) Official Contact: Title: (Public Works Director/Police Chief etc.) Ph No.: Mailing Address: Fx No.: (Street Address/P.O. Box) Email Address : (City) (State) (ZIP Code) Official Contact: Title: (EMS Director/Fire Chiefetc.) Ph No.: Mailing Address: Fx No.: (Str eet Address/P.O. Box) Email Address : (City) (State) (ZIP Code) Resolution No. 4718 Exhibit A July 15, 2011 Page 3 of 3RES.B AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4719 Date: June 27, 2011 Department: Public Works Attachments: Resolution No. 4719 Exhibit A Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4719. Background Summary: The City of Auburn has an ongoing need to purchase goods and equipment and staff is recommending that the City enter into an agreement to cooperatively purchase supplies and equipment from the U.S. Communities Government Purchasing Alliance program. The intended use of this purchasing agreement will be for procuring equipment and vehicles, such as vacuum trucks, sweepers, etc, that can not be purchased from local vendors within the City of Auburn. This agreement provides a nation wide system to allow multiple vendors to have an approved bid for each type of equipment unlike Washington State General Services Administration (State Contract) which normally has only one bid from one vendor for each type of equipment approved. The proposed agreement provides the City more flexibility to secure lower bids for some of our specialized equipment. This agreement is similar to the agreement proposed in Resolution 4718 because neither system covers all types of equipment the City may purchase. One may cover combination vacuum trucks but not sweepers and the other may cover one, both, or neither. The U.S. Communities Government Purchasing Alliance is a nonprofit government purchasing cooperative, founded by the National Association of Counties, National League of Cities, Association of School Business Officials International, the United Conference of Mayors, and the National Institute of Governmental Purchasing. As part of the alliance, certain public agencies agree to act as "lead public agencies" that enter into competitively-bid contracts for general supplies and equipment. RCW 39.34.020 allows the City to enter into agreements with other public agencies, including AUBURN * MORE THAN YOU IMAGINEDRES.C those from other states, to cooperatively purchase supplies and equipment. Participation in the U.S. Communities program does not obligate the City to make any purchases, and there is no cost for the City to participate. A copy of the Cooperative Purchasing Agreement with the U.S. Communities Government Purchasing Alliance is attached to the resolution as Exhibit "A". F4.8 Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:July 5, 2011 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINEDRES.C RESOWTION NO 4 7 1 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR TO EXECUTE A COOPERATIVE PURCHASING AGREEMENT WITH THE US COMMUNITIES FOR THE PURPOSE OF PURCHASING GENERAL SUPPUES AND EQUIPMENT WHEREAS The City of Auburn has an ongoing need to purchase goods and equipment and WHEREAS the US Communities govemment purchasing alliance is a nonprofit govemment purchasing cooperative founded by the National Association of Counties National League of Cities Association of School Business Officials International the United Conference of Mayors and the National Institute of Governmental Purchasing As parfi of the alliance certain public agencies agree to act as lead public agencies that enter into competitivelybid contracts for general supplies and equipment and WHEREAS RCW 3934020 allows the City to enter into agreements with other public agencies including those from other states to cooperatively purchase supplies and equipment and WHEREAS participation in the US Communities program does not obligatethe City to make any purchases and does not costhe Cityanything to participate NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN HEREBY RESOLVES as follows Resolution No 4719 June 15 2011 Page 1 of 2 RES.C Section 1 That the Mayor is hereby authorized to register the City as a Participating Public Agency with the US Communities program on terms in substantial confocmity with the terms attached hereto as ExhibitA and incorporatedherein for fhe purpose of utilizing US Communities contracts with various vendors Section 2 That the Mayor 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 2011 CITY OF AUBURN PETER B LEWIS MAYOR ATTEST Danielle E Daskam City Clerk APP aTO R M Dan el B Heid City Atto Resolution No 4719 June 15 2011 Page 2 of 2 RES.C MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT 7KLV0DVWHU,QWHUJRYHUQPHQWDO&RRSHUDWLYH3XUFKDVLQJ$JUHHPHQW ³$JUHHPHQW´ LVPDGHEHWZHHQFHUWDLQJRYHUQPHQW DJHQFLHVWKDWH[HFXWHD/HDG3XEOLF$JHQF\&HUWLILFDWH FROOHFWLYHO\³/HDG3XEOLF$JHQFLHV´ WREHDSSHQGHGDQGPDGHD SDUWKHUHRIDQGRWKHUJRYHUQPHQWDJHQFLHV ³3DUWLFLSDWLQJ3XEOLF$JHQFLHV´ WKDWDJUHHWRWKHWHUPVDQGFRQGLWLRQVKHUHRI through the U.S. Communities registration process and made a part hereof. RECITALS WHEREAS, after a competitive solicitation and selection process by Lead Public Agencies, in compliance with their own policies, procedures, rules and regulations, DQXPEHURIVXSSOLHUV HDFKD³&RQWUDFW6XSSOLHU´ KDYHHQWHUHGLQWR0DVWHU Agreements with Lead Public Agencies to provide a variety of goods, products and services based on national and LQWHUQDWLRQDOYROXPHV KHUHLQ³3URGXFWVDQG6HUYLFHV´  WHEREAS, Master Agreements are made available by Lead Public Agencies through U.S. Communities and provide that Participating Public Agencies may purchase Products and Services on the same terms, conditions and pricing as the Lead Public Agency, subject to any applicable local purchasing ordinances and the laws of the State of purchase; WHEREAS, the parties desire to comply with the requirements and formalities of the Intergovernmental Cooperation Act as may be applicable to the laws of the State of purchase; WHEREAS, the parties hereto desire to conserve resources and reduce procurement cost; WHEREAS, the parties hereto desire to improve the efficiency, effectiveness and economy of the procurement of necessary Products and Services; NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties agree as follows: 1. That each party will facilitate the cooperative procurement of Products and Services. 2. That the procurement of Products and Services subject to this Agreement shall be conducted in accordance with and subject to the relevant statutes, RUGLQDQFHVUXOHVDQGUHJXODWLRQVWKDWJRYHUQHDFKSDUW\¶VSURFXUHPHQWSUDFWLFHV 3. That the cooperative use of solicitations obtained by a party to this Agreement shall be in accordance with the terms and conditions of the solicitation, except as modification of those terms and conditions is otherwise allowed or required by applicable law. 4. That the Lead Public Agencies will make available, upon reasonable request and subject to convenience, information which may assist in improving the effectivenessHIILFLHQF\DQGHFRQRP\RI3DUWLFLSDWLQJ3XEOLF$JHQFLHV¶SURFXUHPHQWRI Products and Services 5. That the Participating Public Agency will make timely payments to the Contract Supplier for Products and Services receive d in accordance with the terms and conditions of the procurement. Payment, inspections and acceptance of Products and Services ordered by the Participating Public Agency shall be the exclusive obligation of such Participating Public Agency. Disputes between the Participating Public Agency and Contract Supplier are to be resolved in accord with the law and venue rules of the State of purchase. 6. The Participating Public Agency shall not use this Agreement as a method for obtaining additional concessions or reduced prices for similar products or services. 7. The Participating Public Agency shall be responsible for the ordering of Products and Services under this Agreement. A Lead Public Agency shall not be liable in any fashion for any violation by a Participating Public Agency, and the Participating Public Agency shall hold the Lead Public Agency harmless from any liability that may arise from action or inaction of the Participating Public Agency. 8. The exercise of any rights or remedies by the Participating Public Agency shall be the exclusive obligation of such Participating Public Agency. 9. This Agreement shall remain in effect until termination by a party giving thirty (30) days prior written notice to U.S. Communities at 2033 N. Main Street, Suite 700, Walnut Creek, CA 94596. 10. This Agreement shall become effective after execution of the Lead Public Agency Certificate or Participating Public Agency registration, as applicable. EXHIBIT A Resolution No. 4719 Exhibit A July 15, 2011 Page 1 of 16 RES.C Resolution No. 4719 Exhibit A July 15, 2011 Page 2 of 16 RES.C Resolution No. 4719 Exhibit A July 15, 2011 Page 3 of 16 RES.C Resolution No. 4719 Exhibit A July 15, 2011 Page 4 of 16 RES.C Resolution No. 4719 Exhibit A July 15, 2011 Page 5 of 16 RES.C EXAMPLEOFLEADPUBLICAGENCYCER' Iherebyacknowledge,onbehalfafthepublic agel1cy identified (the"~PublicAgency")thatIhave readandagreetothegeneraltermsandconditionssetforthintheencldsedMa.~terIntergovernmental CooperativePurchasingAgreement(MICPA)regulatingtheuseoftheMas ~ rAgreementsandpurchaseof ProductsthatfromtimetotimearemadeavailablebyLeadPublicAgency.ParticipatingPublicAgencies nationwidethroughU.S.Communities.CopiesofMasterAgreementsandoyamendmentsthereto made available by LeadPublicAgencywillbeprovidedtoSuppliersand u.s.C~nnmunitiegtofacilitateuse by ParticipatingPublicAgencies. IunderstandthatthepurchaseofoneormoreProductsundertheprovisionsloftheMICPAisatthesole andcompletediscretionoftheParticipatingPublicAgency. ,eadGovemInentAgency Q.y: JoeSandoval,DivisioqManager Purchasing &Contra~Services CountyofLosAngele~ /-2-{)(c Date VOt,I.O Resolution No. 4719 Exhibit A July 15, 2011 Page 6 of 16 RES.C LEADPUBLICAGENCYCERTIFICATE i herebyacknowledge,onbehalfofUSD259,WichitaPublicSchools,KS(the"LeadPublicAgency")that IhavereadandagreetothegeneraltermsandconditionssetforthintheenclosedMaster IntergovernmentalCooperativePurchasingAgreement(MICPA)regulatingtheuseoftheMaster AgreementsandpurchaseofProductsthatnomtimetotiffiearemadeavailablebyLeadPublicAgencyto ParticipatingPublicAgenciesnationwidethroughU.S.Communities.CopiesofMasterAgreementsand anyamendmentstheretomadeavailablebyLeadPublicAgencywillbeprovidedtoVendorsandU.s. CommunitiestofacilitateusebyParticipatingPublicAgencies. IunderstandthatthepurchaseofoneormoreProductsundertheprovisionsoftheMICPAisatthesole andcompletediscretionoftheParticipatingPublicAgency. RequestforProposal ROOFINGSUPPLIESANDRELATEDSERVICES No.06-40021 UnifiedSchoolDistrict259- Wichita(KS)PublicSchools BOEApproval06/12/2006 AuthorizedSignature. DarrenMuci,DivisionDirector NameandTitleofSigner June14,2006 Date Resolution No. 4719 Exhibit A July 15, 2011 Page 7 of 16RES.C LEADPUBLICAGENCYCERTIFICATE Iherebyacknowledge,onbehalfoftheCityofLosAngeles(the"LeadPublicAgency")thatIhaveread andagreetothegeneraltermsandconditionssetforthintheenclosedMasterIntergovernmental CooperativePurchasingAgreement(MICPA)regulatingtheuseoftheMasterAgreementsandpurchaseof ProductsthatfromtimetotimearemadeavailablebyLeadPublicAgencytoParticipatingPublicAgencies nationwidethroughU.S.Communities.CopiesofMasterAgreementsandanyamendmentstheretomade availablebyLeadPublicAgencywillbeprovidedtoSuppliersandU.S.Communitiestofacilitateuseby ParticipatingPublicAgencies. IunderstandthatthepurchaseofoneormoreProductsundertheprovisionsoftheMICPAisatthesole andcompletediscretionofthePaJiicipatingPublicAgency. .xo'~-*ll ~w;wi1_ AuthorizedSignature,LeadGovern~entAgency J?'&-01 Date Resolution No. 4719 Exhibit A July 15, 2011 Page 8 of 16 RES.C Resolution No. 4719 Exhibit A July 15, 2011 Page 9 of 16 RES.C Resolution No. 4719 Exhibit A July 15, 2011 Page 10 of 16 RES.C Resolution No. 4719 Exhibit A July 15, 2011 Page 11 of 16 RES.C Resolution No. 4719 Exhibit A July 15, 2011 Page 12 of 16 RES.C Resolution No. 4719 Exhibit A July 15, 2011 Page 13 of 16 RES.C Resolution No. 4719 Exhibit A July 15, 2011 Page 14 of 16 RES.C Resolution No. 4719 Exhibit A July 15, 2011 Page 15 of 16 RES.C Resolution No. 4719 Exhibit A July 15, 2011 Page 16 of 16 RES.C AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4720 Date: June 23, 2011 Department: Police Attachments: Resolution No. 4720 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4720. Background Summary: The City of Auburn incurred expenses due to a severe winter storm that occurred in January 2011. The severity of the storm caused the Governor to declare a disaster that included King County and to request a Presidential Disaster Declaration. This request was granted, making money available to local jurisdictions for reimbursement of storm related expenses. The Federal government has approved reimbursement of 75% of local expenses and the State of Washington legislature has approved an additional 12.5% reimbursement. Reimbursement is expected to be approximately $73,200, based on the expenses the City has submitted for consideration. F5.2 Reviewed by Council Committees: Finance, Municipal Services Councilmember:Peloza Staff:Lee Meeting Date:July 5, 2011 Item Number:RES.D AUBURN * MORE THAN YOU IMAGINEDRES.D RESOWTION NO 4 7 2 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON FORMALLY ACCEPTING A GRANT FROM THE STATE OF WASHINGTON MILITARY DEPARTMENT IN AN AMOUNT NOT TO EXCEED EIGHTY SEVEN AND ONE HALF PERCENT 875 OF ACTUAL EXPENDITURES AS REIMBURSEMENT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND THE STATE OF WASHINGTON FOR EXPENSES INCURRED BY THE CITY OF AUBURN DURING THE JANUARY 2011 STORM EVENT WHEREAS the City incurred expenses for emergency response activities related to a severe storm event in January 2011 and WHEREAS the President of the United States declared a major disaster for that event making aVailable monetary assistance through the Federal EmergencyManagement Agency and the Washington State Legislature included additional funds for said event in the 2011 State budget and WHEREAS the Washington State Milifary Department Emergency Management Division will approve payment to the City of Auburn in an amount not to exceed Eighty Seven and OneHalf Percenf 875 from both sources NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON HEREBY RESOLVES AS FOLLOWS Section 1 Purpose The Auburn Cify Council does hereby accept the Washington State Military Department Emergency Management Division offer of a grant in an amount not to exceed Eighty Seven and One Half Percent 875 as reimbursement of expenses incurred during the January 2009 storm event Resolution No 4720 June 21 2011 Page 1 of 2 RES.D Section 2 Implementation The Mayor of the City of Aubum is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this resolution Section3 Effective Date This Resolution shall take effect and be in full force upon passage and signatures hereon DATED and SIGNED THIS DAY OF 2011 CITY OF AUBURN PETER B LEWIS MAYOR ATTEST Danielle E Daskam City Clerk AP VE TO FOR aniel B Hei City Attomey Resolution No 4720 June 21 2011 Page 2 of 2 RES.D AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4721 Date: June 23, 2011 Department: Police Attachments: Resolution No. 4721 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4721. Background Summary: The City of Auburn has a continued need to provide disaster education to the public. For the past five years, we have utilized the AmeriCorps VISTA program to coordinate this function and deliver public education. This year, we applied to the program jointly, with the Cities of Algona and Pacific, who currently have no disaster education programs. The program provides two full-time volunteers to the cities, to be managed by Auburn, but to work 50% in Auburn, 25% in Algona, and 25% in Pacific. The program requires a $3000 local match per position. Auburn's portion of $3000 will be paid using Emergency Management Performance Grant funds, while Algona and Pacific will each remit $1500 to the City of Auburn. A Memorandum of Agreement has been created to define the agreement between the three cities. F5.2.18 Reviewed by Council Committees: Finance, Municipal Services Councilmember:Peloza Staff:Lee Meeting Date:July 5, 2011 Item Number:RES.E AUBURN * MORE THAN YOU IMAGINEDRES.E RESOLUTION NO 4 7 21 A RESOLUTION OF THECITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE WASHINGTON SERVICE CORPSTO PROVIDE TWO FULLTIME MEMBERS TO THE CITYOF AUBURN AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY AGREEMENTS TO ACCEPT SAID MEMBERS WHEREAS the City of Auburn has an Office of Emergency Management dedicated to preparing the City and its residents for disaster and WHEREAS the Washington Service Corps provides fulltime disaster education volunteers to 1ocal programs through the AmeriCorps VISTA ReadyCorps program and WHEREAS the City of Auburn desires to collaborate withthe cities of Algona and Pacific in providing disaster education to area residents through a Memorandum of Agreement and WHEREAS the City of Aubum hasbeen accepted as a host site for two 20112012 VISTA members to be sharedbetween he three cities NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON DO ORDAIN AS FOLLOWS Section 1 Purpose The City Council of the City of Auburn hereby accepts a grant from the Washington Service Corps of two VISTA members from September 2 2011 to August 31 2012 in substantial conformity with the Memorandum of Agreement marked as Exhibif A hereto and incorporated herein by this reference Resolution No 4721 June 21 2011 Page 1 RES.E Section 2 Implementation The Mayor of the City of Auburnis hereby authorized to implement such administrative procedures as may be necessary to carry out the directions ofthis resolution Section 3 Effective Date This Resolution shall be in full force and effect upon passage and signatures hereon SIGNED and DATED this day of July 2011 CITY OF AUBURN PETER B LEWIS MAYOR ATTEST Danielle Daskam City Clerk APP VE TO FORM Daniel B Heid City Attorney Resolution No 4721 June 21 2011 Page 2 RES.E Memorandum Of Agreement between the Cities of Auburn Algona anc Pacific Relating to AmeriCorps VISTA Services This is a Memorandum of Agreement among the Cities of Auburn Pacifc and Algona the Cities to allocate among them finro AmeriCorps VISTA members to work on Community Disaster Education Recitals 1 The Cities all have emergency management responsibilities Among those responsibilities is disaster education and volunteer recruitment While Auburn has full time dedicated emergency mangagement staff Algona and Pacific do not 2 To helpimprove readiness within and among the Cities they jointly applied to the Washington State Service Corps for staffing under the Corps ReadyCorps program 3 Having been approved for the program in June 2011 the Citieswish to memorialize their agreement on allocation of the finro AmeriCorps VISTA members NOW THEREFORE the Cities of Aubum Algona and Paciifc hereby agree as follows 1 GENERAL 11 The Cities agree to share jointly develop a work and supervisory plan for the Corps members in accordance with the Washignton Service Corps Request for Application and VISTA Memorandum of Understanding 12 Auburn will receive 40hours per week of member time while Algona and Pacific will each receive 20 hours per week of member time 13 Each City will be responsible for transportation costs incurred on theic behalf during work hours Pursuant to the WSC agreement each City is responsible for providing transportation for senrice related activities either by providing a vehicle for the member to use or by reimbursing the member at the current IRS standard mileage rate for use of their own vehicle 2 AUBUR9VS RESPONSIBILITIES 21 Serve as the lead agency Execute the MOU with the Washington Service Corps and will provideprimary training orientation and supervision of the VISTA members 22 Provide office space transportation phone computer and other ancillary support 23 Coordinate scheduling and project work with the other Cities VISTA Agreement 2011 1 Exhibit A RES.E 3 ALGONA AND PACIFICS RESPONSIBILITIES 311 Designate an onsite supervisor for the VISTA members 312 Provide project work descriptions goals and deliverables to Auburn no later than September 30 2011 These may be amended upon agreement of all the parties 313 Provide fransportation or reimbursement to members for activities that require travel on behalf of the respective cities 4 PERSONNEL AND EQUIPMENT 41 Each City is acting hereunder as an independent contracfor so that control of personnel standards of performance discipline and all other aspects of performance of each Citys employees shall be goVerned entirely by each City 42 Control ofthe VISTA members shall be in aceordance with the VISTA MOU 43 The Cities agree that the VISTA members shall not be considered employees of any City but that they may be treated as volunteers for purposes of workers tiackground checks driving history checks and facility access 44 Workmens compensation insurance is provided through the AmeriCorps VISTA program and is not the responsibility ofiany of the cities 5 COMPENSATION 51 The VISTA program requires a cash match of 3000 per member assigned to the agency Auburn will pay 3000 and Algona and Pacific will each pay 1500 Algona and Pacifc will pay thier share to the City no later than September 15 2011 Aubum will make the fnal payment directly to the Washington State Corps no later than October 15 2011 6 DURATION This agreement begins June 15 2011 and will remain in effect until August 31 2012 Any party may terminatethis agreement with 90 days written notice 7 INDEMNIFICATION 71 Each City shall indemnify and hold harmless the other Cities and its officers agents and employees or any of them from any and all claims actions suits liability loss costs expenses and darriages of any nafure whatsoever by reason of or arising out of any act or omission of the City its officers agents and employees or any of them in the performance of this Agreement 72 In the event that any suit based on such a claim action loss or damage is brought against one City based on the actions of an employee ofanother City the City for whom the employee works shall defend the same at its sole costs and expense provided that the City against whomthe suit was filed retains the right to participate in said suit VISTA Agreement 2011 2 Exhibit A RES.E 8 AUDITS AND INSPECTIONS The records and documents with respect to all matters covered by this contract shall be subject to inspection review or audit by any City during the term of this contract and for three 3 years after termination 9 Al1AENDMENTS The Agreement may be amended at any time by mutual written agreement of the parties 10 ENTIRE AGREEIVIENT The parties agree that this Agreemenf is the complete expression of the terms hereto and any oral representations or understanding not incorporated herein are excluded 11 CONTRACT ADIIAINISTRATIOIV The parties have each appointed the following representatives to administer this MOU AUBURN ALGONA PACIFIC Sarah Miller AW Buster McGehee John Calkins Emergency Police Chief Police Chief Preparedness Manager 402Warde Street 133 3rd Avenue SE 25 W Main Street Algona WA 98001 Pacific WA 98047 Auburn WA 98001 2538312743 2539291130 2538761909 PoliceChief@cityofalgonacom jcalkins@cipacificwaus skmiller@auburnwagov The contract administrators will meet as needed with any of the parties authorized to call a meeting with ten days written notice to the other 12 MISCELLAIVEOUS Any problem which cannot be resolved by the parties designated representatives shall be referred to the Cities mayors for settlement VISTA Agreement 2011 3 Exhibit A RES.E IN WITNESS WHEREOF the parties have executed this agreement City of Auburn City of Algona Petec B Lewis Mayor Mayor Date Date Attest Attest Danielle Daskam City Clerk City Clerk Date Date Appr ed to m Approved as to Form City AttomeyityoyVYC Dafe Date City of Pacific Mayor Date Attest City Clerk Date Approved as to Form City Attorney VISTA Agreement2011 4 ExHibit A RES.E AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4722 Date: June 27, 2011 Department: Finance Attachments: Resolution No. 4722 Budget Impact: $395,800 Administrative Recommendation: City Council adopt Resolution No. 4722. Background Summary: The City's Airport is in need of several capital improvements. These include apron rehabilitation, a mid-term update to the 2000-2020 master plan, and drainage/erosion control improvements to address standing water issues. The total cost of these improvements is estimated to total $395,800. The City has submitted an application for Airport Aid funding from the Washington State Department of Transportation. Funding for these improvements will be as follows: Funding Source Amount Percentage Local Funds (Airport Fund #435): $ 9,895.00 2.5 State Airport Aid Fund 9,895.00 2.5 Federal Funds (FAA) 376,010.00 95.0 Total $395,800.00 100.0% Before the State is able to award these funds, a resolution must be approved by the City including a specific statement of support. City Council approval of proposed Resolution No. 4722 is requested to comply with the State of Washington guidelines prior to approval of the grant funds. F5.2.15, O4.4.9.3 AUBURN * MORE THAN YOU IMAGINEDRES.F Reviewed by Council Committees: Finance, Municipal Services, Council Operations Committee Councilmember:Peloza Staff:Coleman Meeting Date:July 5, 2011 Item Number:RES.F AUBURN * MORE THAN YOU IMAGINEDRES.F RESOLUTION NO 4 7 2 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE CITY TO APPLY FOR STATE GRANT FUNDS IN THE AMOUNT OF 9895 FROM THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION TO REHABILITATE THE AIRPORT APRON UPDATE THE AIRPORT MASTER PLAN AND TO IMPROVE AIRPORT DRAINAGE AND EROSION CONTROL AND AUTHORIZING THE EXECUTION OF THE GRANT AGREEMENT THEREFOR WHEREAS theAuburn Municipal Airport is in need of apron rehabilitation and WHEREAS the Aubum Municipal Airport is in need of a midterm update to its current master plan which covers the period 2000 through 2020 and WHEREAS the Auburn Municipal Airport is in need of drainage and erosion control improvements to address flooding and standing water issues and WHEREAS the City of Auburn has submitted to the Washington State Department of Transportation Aviation Division a request for state grant funds in the amount of Nine Thousand Eight Hundred and Ninety Five Dollars 9895 from fhe Washington State Department of Transportation Aviation Division representing funds to be used fowards the apron rehabilitation master plan update and drainagerosion control as specfied above and WHEREAS by virtue of this Resolution the City Council has expressed its statement of support of this project and Resolution No 4722 June 27 2011 Page 1 of 3 RES.F WHEREAS the City of Auburn is willing to provide its 2 of the funds needed for these airport projects in the amount of Nine Thousand Eight Hundred and Ninety Five Dollars 9895 subject to funding approval from the Federal Aviation Administration in the amount of Three Hundred and Seventy Six Thousand and Ten Dollars 376010 and the State of Washington in the amount of Nine Thousand Eight Hundred and Ninety Five Dollars 9895 and WHEREAS the Aubum Municipal Airport has available for these projects funds sufficient to provide this 2 h match to the States amount and WHEREAS the Washington State Department of Transportation requires a resolutionfrom the City of Auburn expressing support of this project priorto award of state grant funding NOW THEREFORE THECITY COUNCIL OF THE CITY OF AUBURN WASHINGTON HEREBY RESOLVES AS FOLLOWS Section 1 Purpose The Auburn City Council does hereby express its statement of support for the following projects apron rehabilitation midterm update of the Auburn Municipal Airport master plan and improve drainageerosion control The Aubum City Council does hereby authorizethe Citys expenditure of Nine Thousand Eight Hundred and Ninety Five Dollars 9895 as its 2z match of the funds needed to complete these projects The Mayor of the City of Aubum is hereby authorized to accept the Washington State Department of Transportation Aviafion Division grant should it be awarded to the City of Aubum Resolutibn No 4722 June 27 2011 Page 2 of 3 RES.F Section 2 Implementation The Mayor of the City of Aubum is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this resolution Section 3 Effective Date This Resolution shall fake effect and be in full force upon passage and signatures hereon DATED and SIGNED THIS DAY OF 2011 CITY OF AUBURN PETER B LEWIS MAYOR ATTEST Danielle E Daskam City Clerk APPROVED AS TO FORM Daniel B Heid City Attorney Resolution No 4722 June27 2011 Page3 of 3 RES.F AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4723 Date: June 28, 2011 Department: Public Works Attachments: Resolution No. 4723 Budget Status Sheet Vicinity Maps Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4723. Background Summary: The 2011 Local Street Pavement Preservation Project - Phase 1 will rehabilitate deficient pavement on 6.8 miles of local streets throughout the City. This rehabilitation will be accomplished by patching 1.1 miles of streets, overlaying 2.6 miles of streets, and chip sealing 3.0 miles of streets as shown on the attached maps. The bid opening was held on June 30th, which did not allow enough time for staff to compile the bid tabulation prior to the Public Works Committee and City Council packet development. Resolution 4723 would grant the Mayor the authority to award and execute the construction contract to the lowest responsible bidder and avoid delaying the construction start date by 2 weeks. The total estimated cost for this project is $1,783,603. Based on this estimate staff is anticipating a project budget contingency of 16,397 will remain in the 103 (Local Street Preservation) fund. O4.9.1 CP1101 Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:July 5, 2011 Item Number:RES.G AUBURN * MORE THAN YOU IMAGINEDRES.G RESOLUTION NO 4723 A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF AUBURN WASHINGTON AUTHORIZING THE MAYOR TO AWARD AND EXEGUTE AN AGREEMENT WITH THE LOWEST RESPONSIBLE BIDDER FOR CONSTRUCTION OF PUBLIC WORKS CONTRACT NUMBER 1109 FOR PROJECT CP1101 2011 LOCAL STREET PAVEMENT PRESERVATION PROJECT PHASE 1 WHEREAS the City Council of the City of Aubum has approved a project to design and construct pavement rehabilitation on existing local streets consisting of 11 miles of asphalt pavement patching 26 miles of asphalt overlaying and 30 miles of chip sealing and WHEREAS a project Bid Opening for the construction of the roadway took place on June 30 2011 which did not allow enough time for staff to complete bid verification prior to the City Council meeting and WHEREAS waiting to award the construction contract until the next regularly scheduled meeting would result in a finro week delay of the construction start date and WHEREAS the City of Aubum Public Works Department will assess the bids received and identify the Lowest Responsible Bidder and WHEREAS ifi is in the public interest to award and execute public works construction conract 1109 with all expediency to take advantage of the remaining construction season NOW THEREFORE THE CITY COUNCIL OF THECITY OF AUBURN KING COUNTY WASHINGTON HEREBY RESOLVES as follows Resolution No 4723 June 23 2011 Page 1 of 2 RES.G Section 1 The Mayor of the City of Auburn is hereby authorized to review bids award and execute an Agreement between the City of Aubum and the Lowest Responsible Bidder for Project Nurriber CP1101 Public Works ContractNumber 11 09 2011 Local Street PaVement Preservation Project Phase 1 which agreement shall conform with the Bid Documents provided that the bid amount does not exceed the project budget Section 2 The Mayor is hereby authorized to implement such administrafive pcocedures 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 Dated and Signed this day of 2011 CITY OF AUBURN PETER B LEWIS MAYOR ATTEST Danielle E Daskam City Clerk APP ED S TO FORW D n H ttom Resolution Na 4723 June 23 2011 Page 2 of 2 RES.G Project No: CP1101 Project Title: Project Manager: Seth Wickstrom Project Initiation Initiation Date: _December 6th, 2010___ Permission to Advertise Advertisement Date: _June 16th, 2011_ Contract Award Award Date: _____________________ Change Order Approval Contract Final Acceptance Funding Prior Years 20102011 Future Years Total 103 Fund - Local Street Preservation* 1,800,0001,800,000 Total 001,800,00001,800,000 * The 103 Fund noted are a portion of the 2011 Budget allocated to this project only. Activity Prior Years 20102011 Future Years Total Design Engineer - City Costs**1,000 1,000 Construction Estimate 1,688,193 1,688,193 Authorized Contingency (5%)84,410 84,410 Construction Engineering - City Costs**10,000 10,000 Total 001,783,60301,783,603 ** City staff costs are charged against the Engineering Budget and '2011 SOS Administration Budget' and not the Project Budget, and are not shown here. BUDGET STATUS SHEET 2011 Local Street Pavement Preservation - Phase 1 Date: June 24, 2011 The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) ** City staff costs are charged against the Engineering Budget and '2011 SOS Administration Budget' and not the Project Budget, and are not shown here. Prior Years 20102011 Future Years Total ***103 Funds Budgeted ( )00(1,800,000)0(1,800,000) 103 Funds Needed 001,783,60301,783,603 ***103 Fund Project Contingency ( )00(16,397)0(16,397) 103 Funds Required 00000 *** ( # ) in the Budget Status Sections indicates Money the City has available. 103 Local Street Preservation Budget Status 1 of 1 RES.G RES.G RES.G RES.G RES.G RES.G AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4724 Date: June 28, 2011 Department: Police Attachments: Resolution No. 4724 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4724. Background Summary: The Police Department has a vehicle that has been forfeited to the City pursuant to drug forfeiture statutes and which the Department retained for official use as authorized by drug forfeiture statutes. The Police Department no longer needs this vehicle and therefore recommends the City surplus the property and dispose of it by auction or other sale mechanism as deemed most expedient. F4.6.1 Reviewed by Council Committees: Finance Councilmember:Backus Staff:Coleman Meeting Date:July 5, 2011 Item Number:RES.H AUBURN * MORE THAN YOU IMAGINEDRES.H RESOLUTION NO 4 7 24 A RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF AUBURN WASHINGTON DECLARING CERTAIN ITEMS OF PROPERTY AS SURPLUS AND AUTHORIZING THEIR DISPOSAL WHEREAS the police department is in possession of a vehicle that has been forfeited to the City pursuant to the drug orFeiture statutes and WHEREAS following forFeiture the Aubum Police Department retainedthe yehicle for official use as authorized by drug forfeifure statutes and WHEREAS the Aubum Police Department no longer needs the vehicle for official use and WHEREAS staff recommends that the City surplus the property and dispose of if by auction or other sale mechanism as deemed most expedient by the Mayor NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON HEREBY RESOLVES as follows Section 1 That the propertyidentfied below is declared to be surplus and the Mayor is authorized to dispose of and convey such property through appropriate sale 2003 Chevy Express Box Van Washington License Number 42592D VIN 1 GBJG31 U631137286 Section 2 That the Mayor 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 andbe in full force upon passage and signatures hereon Resolution No 4724 June 23 2011 Page 1 of 2 RES.H Dated and Signed this day of 2011 iCITY OF AUBURN PETER B LEWIS MAYOR ATTEST Danielle E Daskam City Clerk APPROVED AS TO FORM Daniel B Heid City Attomey Resolution No 4724 June 23 2011 Page 2 of 2 RES.H AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4725 Date: June 28, 2011 Department: Public Works Attachments: Resolution No. 4725 Budget Impact: $0 Administrative Recommendation: City Council to introduce and adopt Resolution No. 4725. Background Summary: Resolution No. 4725 authorizes the Mayor to negotiate and execute a Purchase Agreement between the City of Auburn and Covington Water District and King County Water District #111 (Districts). The City of Auburn is constructing a connection to the Tacoma Public Utilities (TPU) 60- inch Pipeline 5 at the existing turnout to the City's water system on 132nd Ave SE (CP1103, 132nd Ave SE Tacoma Pipeline 5 Intertie Project). Connection to the City system requires construction of approximately 1230 lineal feet of water main along 132nd Ave SE from the PRV station to the City's existing system. The Districts have an existing water main on 132nd Ave SE that is surplus to their needs and that they are willing to sell to the City. Purchasing the main meets the City's project needs and provides significant benefit to the City by eliminating the need to design and build the water main. Staff anticipates the purchase cost at approximately $350.00 per lineal foot plus tax for a total of approximately $472,000. This project is a portion of the larger Intertie Infrastructure Project, which included construction of the Tacoma Pipeline 5 B St NW Intertie Project in 2010. A project budget contingency of $193,000 remains in the 430 Water fund for 2011 for the project. A budget adjustment may be required in 2012 to fund construction of the project. A3.13.4, O4.11 Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:July 5, 2011 Item Number:RES.I AUBURN * MORE THAN YOU IMAGINEDRES.I AUBURN * MORE THAN YOU IMAGINEDRES.I RESOLUTION NO 4 7 2 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CJTY CLERK TO NEGOTIATE AND EXECUTE A PURCHASE AGREEMENT WITH COVINGTON WATER DISTRICT AND KING COUNTY WATER DISTRICT 111 WHEREAS the Covington Water District and King County Water District 111 the Districts have surplus infrastructure in fhe form of a water main on 132d Ave Southeast and WHEREAS the City has a need for an additional water main on 132d Ave SE as part of a programmed capital project and WHEREAS the Districts are willing to sell the water main to the City and WHEREAS purchase of the water main will avoid various environmental and traffic impacts and the risk associated with construction ofa new main and WHEREAS purchase of the water main will eliminate theadditional burden on finite staff resourcesto design and construct a new water main i NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON HEREBY RESOLVES as follows Section 1 That the Mayor is authorized to negotiate an Agreement with Covington Water District and King County Water District 111 and the Mayor and the City Clerk are authorized to execute such agreement as negotiated within budgetary and scoping parameters Section 2 That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Resolution No 4725 June 24 2011 Page 1 of 2 RES.I Secfion 3 That this Resolution shall take effect and be in full force upon passage and signatures hereon Dated and Signed this day of 2011 CITY OF AUBURN PETER B LEWIS MAYOR ATTEST Danielle E Daskam City Clerk APPED ASTO FORM Danie B Heid City Attorney Resolution No 4725 June 24 2011 Page 2 of 2 RES.I