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HomeMy WebLinkAbout08-15-2011 Council Agenda Packet City Council Meeting August 15, 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. Auburn International Farmers Market Art Contest Winners Market Manager Joanne Macnab to announce the Auburn International Farmers Market Art Contest winners. 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. August 8, 2011 Draft Minutes* (Peloza) B. Planning & Community Development 1. August 8, 2011 Minutes* (Norman) C. Public Works 1. August 1, 2011 Minutes* (Wagner) D. Finance 1. August 1, 2011 Minutes* (Backus) E. Les Gove Community Campus F. Downtown Redevelopment 1. August 9, 2011 Draft Minutes* (Norman) G. Council Operations Committee 1. August 9, 2011 Council Operations Committee* (Wagner) 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 August 1, 2011 Council Meeting* B. Claims Vouchers (Backus/Coleman) Claims check numbers 406538 through 406908 in the amount of $4,224,447.61 and dated August 15, 2011. C. Payroll Vouchers (Backus/Coleman) Payroll check numbers 531926 to 532022 in the amount of $831,015.21 and electronic deposit transmissions in the amount of $1,136,609.98 for a grand total of $1,967,625.19 for the pay period covering July 28, 2011 to August 10, 2011. D. Public Works Project No. CP0803* (Wagner/Dowdy ) City Council award Small Works Contract No. 11-04 to T Miller Construction on their low bid of $115,336.90 for Project No. CP0803, 37th St SE / R St SE Pedestrian Connector. E. Public Works Project No. CP1002* (Wagner/Dowdy) Approve Final Pay Estimate No. 10 to Contract No. 10-03 in the amount of $18,866.57 and accept construction of Project No. CP1002 - 2010 Local Street Pavement Preservation Project F. Consultant Agreement AG-C-406* (Norman/Snyder) City Council approve Consultant Agreement Number AG-C-406 with KPG, Inc., for design services for Project No. CP1115, NW City Hall Plaza Improvement. (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. 6369* (Norman/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, amending Chapters 18.04, 18.07, 18.31, 18.21 of the Auburn City Code for the purpose of allowing the keeping of chickens, miniature goats, and potbelly pigs as pets in some residential and commercial districts in the City of Auburn (ACTION REQUESTED: City Council introduce and adopt Ordinance No. 6369.) B. Ordinance No. 6371* (Norman/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, amending Ordinance No. 6321 to extend the effective date (ACTION REQUESTED: City Council introduce and adopt Ordinance No. 6371.) C. Ordinance No. 6372* (Norman/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, amending Chapter 10.40 of the Auburn City Code for the purpose of modifying the authorization and location for the three hour non-metered parking facilities in the downtown area of Auburn (ACTION REQUESTED: City Council introduce and adopt Ordinance No. 6372.) D. Ordinance No. 6374* (Wagner/Dowdy) An Ordinance of the the City Coiuncil of the City of Auburn, Washington, amending Section 2.94.020 of the Auburn City Code relating to the Citizen's Committee for Transportatin, Transit and Trails (Action Requested: City Council introduce and adopt Ordinance No. 6374.) E. Ordinance No. 6375* (Norman/Snyder) An Ordinance of the City Council of the City of Auburn, Washington, approving the request of Green River Community College for a rezone from R-5 Residential 5 DU/Acre to I Institutional to implement the comprehensive plan and amending the City's zoning maps accordingly (ACTION REQUESTED: City Council introduce and adopt Ordinance No. 6375.) IX. RESOLUTIONS A. Resolution No. 4737* (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to grant an easement to Puget Sound Energy for the purpose of relocating utilities for the M Street SE Underpass Project (C201A) (ACTION REQUESTED: City Council adopt Resolution No. 4737.) B. Resolution No. 4740* (Wagner/Heid) A Resolution of the City Council of the City of Auburn, Washington, amending the City Council Rules of Procedure as adopted by Ordinance No. 5802 and amended by Resolution Nos. 4282, 4429, 4467, 4615 and 4686 (ACTION REQUESTED: City Council adopt Resolution No. 4740.) C. Resolution No. 4741* (Wagner/Heid) A Resolution of the City Council of the City of Auburn, Washington, amending Resolution No. 4670 passed December 20, 2010 relating to the standing committees of the City Council of the City of Auburn (ACTION REQUESTED: City Council adopt Resolution No. 4741.) D. Resolution No. 4742* (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to accept a state grant from the Washington State Department of Transportation for the Auburn Way South Corridor Improvements, Dogwood Street SE to Fir Street SE (ACTION REQUESTED: City Council adopt Resolution No.4742.) E. Resolution No. 4743* (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to accept a federal grant to be administered through the Washington State Department of Transportation for the Auburn Way South Corridor Improvements, Dogwood Street SE to Fir Street SE (ACTION REQUESTED: City Council adopt Resolution No.4743.) F. Resolution No. 4744* (Wagner/Dowdy) A Resolution of the City of Council of City of Auburn, Washington, authorizing the Mayor to grant an easement to Puget Sound Energy for the purpose of relocating utilities for the South Division Street Promenade Project (CP1005) (ACTION REQUESTED: City Council adopt Resolution No.4744.) G. Resolution No. 4745* (Norman/Hursh) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and the City Clerk of the City of Auburn to enter into an Interlocal Cooperation Agreement between the City and King County, for the purposes of administering the Federal Home Investment Partnerships Program (HOME) (ACTION REQUESTED: City Council adopt Resolution No. 4745.) 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: August 8, 2011 Draft Minutes Date: August 10, 2011 Department: Municipal Services Attachments: Municipal Services Minutes - Draft 8/8/11 Budget Impact: $0 Administrative Recommendation: For Information Only Background Summary: Reviewed by Council Committees: Councilmember:Peloza Staff: Meeting Date:August 15, 2011 Item Number:MS.1 AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 1 MUNICIPAL SERVICES COMMITTEE August 8, 2011 __ MINUTES I. CALL TO ORDER 3 PM, AUBURN CITY HALL, 25 W. MAIN STREET, CONFERENCE ROOM NO. 3, 2ND FLOOR Chair Peloza called the meeting to order at 3:00 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, Principal Planner Jeff Dixon, Police Patrol Commander Steve Stocker, Police Secretary/Scribe Kathy Divelbiss.Others present: Wayne Osborne, citizen II. AGENDA MODIFICATIONS III. CONSENT ITEMS A. Approval of Minutes of the July 25, 2011 Municipal Services Committee Meeting Member Partridge moved to accept the Minutes. Chair Peloza concurred. MOTION CARRIED: 2-0 IV. ORDINANCES AND RESOLUTIONS (Action Items) V. INFORMATION / DISCUSSION ITEMS A. Resolution No. 4734* (Coleman) A Resolution of the City Council of the City of Auburn, Washington, amending the City of Auburn Fee Schedule relating to the Auburn Municipal Airport Director Coleman presented the proposed fee schedule for the airport for aircraft and vehicle parking. In addition a nominal fee will now be charged to the hobby aircraft group (line controlled aircraft flying). Chair Peloza requested a verbiage change which Director Coleman noted. B. Auburn Gateway Project* (Snyder) Principal Planner Jeff Dixon updated the Committee on this ongoing project in north Auburn for residential and commercial space. The project is managed by the Robertson Properties Group and is in the final stages MS.1 Municipal Services Minutes August 8, 2011 Page 2 of the environmental impact statement. Once the impact statement is completed the special area plan will be updated. Prior to developing the property, a development agreement will be presented to the Council for approval. C. Fireworks Update* (Lee) Commander Stocker presented the After Action Fireworks Report for 2011. There was a 55% increase in calls for service for the season. There were no significant events (injuries etc.) and it was relatively quiet until about 9:30 p.m. on the holiday itself. Recommendations for the future are to communicate earlier in the season with citizens, focus on neighborhoods where non-compliance was an issue and meet with the Muckleshoot Tribe regarding overall fireworks sales and discharge. The Fireworks Plan Special Committee will be meeting on September 12, 2011. D. Matrix* The Matrix was amended as follows: Item 10P – In Status the addtion of the language “Revised signage under construction” Item 20P- In Status, the addition of the following language: In addition Brenda Heineman will update the COW regarding the agreement between the City and the Auburn Valley Humane Society on August 29, 2011. Item 24P – In Status, the addition of the following language: The MSC will have a work session to draft a proposal for fireworks control. Date of meeting TBD. Item 25P – In Status, the addtion of the following language: Ribbon cutting September 8, 2011. VI. ADJOURN The meeting adjourned at 4:35 p.m. Next meeting August 22, 2011. Signed this ____ day of August 2011 _________________________________ _________________________________ Bill Peloza, Chair Kathy Divelbiss, Police Secretary/Scribe MS.1 AGENDA BILL APPROVAL FORM Agenda Subject: August 8, 2011 Minutes Date: August 10, 2011 Department: Planning and Development Attachments: August 8, 2011 Minutes Budget Impact: $0 Administrative Recommendation: Information only. Background Summary: Reviewed by Council Committees: Councilmember:Norman Staff: Meeting Date:August 15, 2011 Item Number:PCD.1 AUBURN * MORE THAN YOU IMAGINEDPCD.1 DRAFT PLANNING & COMMUNITY DEVELOPMENT COMMITTEE August 8, 2011 MINUTES I. CALL TO ORDER Chair Lynn Norman called the meeting to order at 5:30 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, Principal Planner Jeff Dixon, Environmental Planner Jamie Kelly, Senior Planner Hillary Taylor, Environmental Protection Manager Chris Andersen, Economic Development Manager Doug Lein, Contract Economic Development Planner Bill Thomas and Planning and Community Development Secretary Tina Kriss. Audience members present included: Terry Daynsh of Dorsey & Whitney LLP, representing Robertson Properties Group (RPG); Robert Whale of the Auburn Reporter, Joan Mason, and Wayne Osborne. II. ANNOUNCEMENTS AND AGENDA MODIFICATIONS There were no announcements or agenda modifications. III. CONSENT AGENDA A. July 25, 2011 Chair Norman pointed out there was an addition added under CALL TO ORDER after the draft was presented at City Council on August 1st explaining Member Partridge was not present for consent agenda and action item voting due to the Municipal Services meeting. Member Backus moved and Member Partridge seconded to approve the Consent Agenda as presented. MOTION CARRIED UNANIMOUSLY 3-0 IV. ACTION A. Ordinance No. 6369 Senior Planner Hillary Taylor provided background information on Ordinance No. 6369, an ordinance of the City Council of the City of Auburn, Washington, amending chapters 18.04, 18.07, 18.31 and 18.21 of the Auburn City Code for the purpose of allowing the keeping of chickens, miniature goats, and potbelly pigs as pets in some residential and commercial districts in the City of Auburn. Ms. Taylor stated a correction will be made to page four of thirteen to reflect the Planning Commission PCD.1 Planning and Community Development Committee Minutes August 8, 2011 Page 2 wishes regarding “Large size animals” whereby 1 additional large lot domestic animal may be kept per additional 21,780 sq. ft. rather than 43,560 sq. ft. Committee requested the following changes: •••• Committee asked that noise/smell code be referenced in the ordinance •••• Page four of thirteen, under “Large size animals”, should reflect “1 additional large lot domestic animal may be kept per additional 21,780 sq. ft.” instead of 43,560 sq. ft. Member Backus moved and Member Partridge seconded to forward Ordinance No. 6369 to full City Council for approval as amended. MOTION CARRIED UNANIMOUSLY 3-0 B. Ordinance No. 6371 Principal Planner Jeff Dixon provided the staff report on Ordinance No. 6371. On June 16, 2008 the Auburn City Council passed Ordinance No. 6183 which amended the City’s Comprehensive Plan (map and text amendments), zoning (map and text amendments) and included the adoption of a sub-area plan related to the development of the Auburn Gateway Project by Robertson Properties Group (RPG) (the Project Proponents). On December 1, 2008 the City Council passed Ordinance No. 6219 extending the effective date of Ordinance No. 6183 until August 31, 2009. On August 17, 2009 the City Council passed Ordinance No. 6259 extending the effective date of Ordinance No. 6219 until August 31, 2010. On August 16, 2010 the City Council passed Ordinance No. 6321 extending the effective date of Ordinance No. 6259 until August 31, 2011. Staff believes that a limited extension of the deadline for entering into a Development Agreement contained in Ordinance No. 6321 is necessary for the City and the Proponent to complete all agreements, tasks and legislative approval processes required of both parties to the Development Agreement and as such, recommends said extension occur through December 30, 2011. Member Backus moved and Member Partridge seconded to forward Ordinance No. 6371 to full City Council for approval. MOTION CARRIED UNANIMOUSLY 3-0 C. Ordinance No. 6372 Planning Manager Elizabeth Chamberlain provided the briefing for Ordinance No. 6372. Ordinance No. 6372 is an amendment to Chapter 10.40 of the Auburn City Code for the purposes of modifying the authorization and location for three hour non- metered parking facilities in the downtown area of Auburn. In answering Committee question how the change would be advertised, Ms. Chamberlain stated there will be signage posted on site, updated maps will be posted to the City web site, and also the Permit Center counter. Committee asked that the information be made available to the Auburn Reporter to be advertised. PCD.1 Planning and Community Development Committee Minutes August 8, 2011 Page 3 Mayor Lewis stated The Auburn Downtown Association will be letting businesses know the additional parking is available. Member Backus moved and Member Partridge seconded to forward Ordinance No. 6372 to full City Council for approval. MOTION CARRIED UNANIMOUSLY 3-0 V. DISCUSSION and INFORMATION A. Auburn Environmental Park – Parking Plans Environmental Protection Manager Chris Andersen provided information for discussion on parking plans for the auburn environmental park. Environmental Services staff has informally monitored use of the bird tower and parking area since late 2009, and have found that the use of the parking area to this point has been relatively light. In the future however, construction of the boardwalk is expected to compliment and provide greater access to the bird tower, which in turn is expected to create additional parking demand as the number of visitors to the AEP increases. Committee and staff reviewed potential parking solutions for the Auburn Environmental Park. Concurrent with the boardwalk project, the existing gravel parking lot on Western Avenue SW will be expanded to parking spaces, including one (1) van accessible space (paved). In addition, the expanded parking area will include an area for bicycle racks. Expansion of the existing parking area will fully implement the parking provisions shown in the Draft 2007 Master Plan. The cost estimate for the improvement will be $2,500.00. Mayor Lewis stated Director Dowdy is currently putting together a plan to establish parking on West Main Street. Committee stated it will be beneficial, with very limited signage, to have parking located off Main Street. B. Student Home Share Ordinance Planning Manager Elizabeth Chamberlain provided the staff report. The City was recently contacted by Kathy Eades concerning the concept of Student Home Share, specifically for the neighborhoods surrounding Green River Community College (GRCC). Currently Auburn City Code (ACC) 18.04.360 defines a family to mean a person living alone, two or more persons related by blood or marriage, or a group of eight or fewer residents who are not related by blood or marriage customarily living together as a single housekeeping unit and using common cooking facilities, as distinguished from a group occupying a hotel, club, boardinghouse or lodging house. For the purposes of this definition, minors living with a parent shall not be counted as part of the maximum number of residents. ACC 18.07.020/Table 18.07.020 specifies that the renting of rooms for lodging purposes only, to accommodate not more than two persons in addition to the immediate family is a permitted use in all single-family and multiple family zoning districts and that boarding houses are prohibited in all single-family zoning districts and are a conditional use in all multiple family zoning districts. Ms. Chamberlain PCD.1 Planning and Community Development Committee Minutes August 8, 2011 Page 4 stated this is not an isolated or uncommon question for the area. In reviewing various regulations at other jurisdictions, those definitions allow three to nine unrelated family members. Staff asked Committee to determine what, if any, potential policy considerations Committee and Council would like to consider for the best course of action, Committee provided the following feedback: • Vice-Chair Backus thought the City could be more generous in providing opportunities for students to live in the housing available for renting in the Green River Community College area. • Committee asked if there is a demand for this type of rental housing; is this common or isolated. Ms. Chamberlain stated it is a common theme and question asked on multiple occasions by property owners or potential renters. • Committee thinks it would be important to look at both the college’s view and neighborhood’s perspective. • Committee would like a letter sent to the attention of Dr. Ely of GRCC asking if they have a need to pursue policy changes on this matter and if they would like the City to move forward to pursue these changes. • Committee decided the first course of action is to send a letter to GRCC to see if they are interested in policy changes. If GRCC is interested Committee could begin to look into the perspective issues and concerns both the college and neighborhood have and begin to determine a zone around the college to include. C. Director’s Report There was no director’s report D. PCDC Status Matrix There were no changes to the matrix VI. ADJOURNMENT There being no further business to come before the Planning and Community Development Committee, Chair Norman adjourned the meeting at 6:11 p.m. APPROVED THIS ________ DAY OF ______________. Lynn Norman, Chair Tina Kriss, Planning and Development Secretary PCD.1 AGENDA BILL APPROVAL FORM Agenda Subject: August 1, 2011 Minutes Date: August 10, 2011 Department: Public Works Attachments: August 1, 2011 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Planning And Community Development, Public Works Councilmember:Wagner Staff: Meeting Date:August 15, 2011 Item Number:PW.1 AUBURN * MORE THAN YOU IMAGINEDPW.1 Public Works Committee August 1, 2011 - 3:30 PM Annex Room 2 MINUTES I.CALL TO ORDER 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, Utilities Engineer Dan Repp, Traffic Engineer Pablo Para, Engineering Aide Amber Mund, Project Engineer Robert Lee, Street Systems Engineer Seth Wickstrom, Project Engineer Jacob Sweeting, Project Engineer Leah Dunsdon, Principal Planner Jeff Dixon, Environmental Protection Manager Chris Andersen, Communications Manager Dana Hinman, and Public Works Secretary Jennifer Rigsby. Members of the public in attendance included: Stuart Elway, Elway Research Inc., Terrence Danysh, Partner, Dorsey & Whitney LLP representing the Robertson Properties Group (RPG), and Wayne Osborne. B.Announcements There were no announcements. C.Agenda Modifications There were no agenda modifications. II.CONSENT AGENDA A.Approval of Minutes Councilmember Peloza moved and Councilmember Haugen seconded to Approve the Public Works Committee Meeting minutes for date, July 18, 2011, as amended. Member Haugen requested that that Section IV, Item C, last paragraph be amended to reflect that Assistant City Engineer Gaub indicated that the Project No. CP0922 did come in under budget. Chairman Wagner suggested that the minutes be changed to read “… Assistant City Engineer Gaub answered that the project did come in under budget, the final pay amounts are being processed and action on that payment will go to the Downtown Redevelopment Committee.” Member Page 1 of 12 PW.1 Haugen agreed. After review of the recording by staff, the minutes were revised to read “Assistant City Engineer Gaub answered that the final pay estimate is being processed and it will go through the Downtown Redevelopment Committee when it is finalized. Gaub stated that she does not know what the final number is but the Capital Project Status Report reflects the current estimate.” Motion Carried Unanimously. 3-0. B.Right-of-Way Use Permit No. 11-13 (Mund) Councilmember Peloza moved and Councilmember Haugen seconded to Approve Right-of-Way Use Permit No. 11-13 for The Auburn Downtown Association for the Wine and Music Festival. Engineering Aide Mund explained that The Auburn Downtown Association (TADA) has applied for a Right-of-Way Use permit to use portions of the City Right-of-Way to hold a new event, the Wine and Music Festival. TADA has requested to use the B Street Plaza, portions of Main Street, and TADA is working with the City to use the City Hall Plaza, the Park Plaza, and the B Street Parking Lot. Chairman Wagner asked if there needed to be specific conditions included to allow space for Girl Dog Inc. hotdog vendor. Engineering Aide Mund answered that the owner of Girl Dog Inc. is part of TADA, but special conditions can be included. Chairman Wagner stated that if the vendor is a member of TADA, the special conditions will not be necessary. Member Haugen voiced her concern about use of the parking lot on B Street NE and the condition of the lot. Motion Carried Unanimously. 3-0. C.Right-of-Way Use Permit No. 11-14 (Mund) Councilmember Peloza moved and Councilmember Haugen seconded to Appeal Right-of-Way Use Permit No. 11-14 for the Auburn Good Ol’ Days Festival and Fun Run. Engineering Aide Mund stated that Auburn Good Ol’ Days has applied for their annual Right-of-Way Use Permit. Mund distributed an additional map, indicating the location of Girl Dog Inc., the hot dog vendor. Chairman Wagner asked if the Fun Run route is the same as in previous years. Engineering Aide Mund answered that the route is slightly different than last year’s because in 2010 there was construction on F Street and Page 2 of 12 PW.1 changes to the route had to be made, but the route is the same as those used prior to 2010. Engineering Aide Mund pointed out the locations where police will be present using the Auburn Good Ol’ Days Fun Run map, following a question asked by Chairman Wagner. Vice-Chair Peloza asked where the Fun Run will start. Engineering Aide Mund identified the starting location of the Fun Run, near the intersection of E Main Street and G Street SE. Member Haugen voiced her concern about use of the parking lot on B Street NE and the condition of the lot. Motion Carried Unanimously. 3-0. D.Public Works Project No. CP1109 (Lee) Councilmember Peloza moved and Councilmember Haugen seconded to Approve to grant permission to initiate Project No. CP1109, 2011 Storm Pipeline Repair and Replacement. Chairman Wagner asked if the slide gate, included in Phase 1 of the project’s scope, is manually operated. Project Engineer Lee answered that staff is able to use a drill to operate the gate. Chairman Wagner asked how staff determines when the gate needs to be opened. Lee answered that the purpose of the gate is to isolate the upstream portion of the storm drain pipe to allow it to be cleaned. Standard procedure is to open the gate once a month to keep it in working order, but the gate is not actually in use unless needed for cleaning. Assistant Director/City Engineer Selle stated that the gate can also be used for flood control by stopping the water from coming back from Mill Creek, allowing for the installation of a portable pump, but the main purpose it to allow for maintenance of the storm pipe. Assistant Director/City Engineer Selle responded to a question asked by Vice-Chair Peloza regarding the use of the gate during the City’s last storm event. Motion Carried Unanimously. 3-0. E.Public Works Project No. CP1102 (Wickstrom) Councilmember Peloza moved and Councilmember Haugen seconded to Approve to recommend that City Council award Contract No. 11-10 to Puget Paving and Construction on their low bid of $1,259,845.00 for Project No. CP1102, 2011 Arterial and Collector Page 3 of 12 PW.1 Pavement Preservation. Chairman Wagner asked if there would be funds available to include patching on M Street in the scope of the project, as discussed by the Committee at previous meetings. Street Systems Engineer Wickstrom answered that the entire budget for the project will be spent and work in some of the areas in the project’s scope will be scaled back to make it possible to include some of the requested patching on M Street SE to be added to the scope. Assistant Director/City Engineer Selle stated that there is flexibility within every street location included in the scope of the project and staff will be monitoring work closely to ensure that a portion of M Street SE can be included. Vice-Chair Peloza asked if the condition of M Street SE, south of Main Street, is in worse condition that E Main Street. Street Systems Engineer Wickstrom answered that M Street SE needs to be rebuilt but the condition of the roadway is the worst at the intersections. Wickstrom stated that he is proposing the areas at the intersections be patched at this time. The Committee and staff discussed how work could be managed to include the patching on M Street SE. Director Dowdy reminded the Committee that there are plans to stripe E Main Street for bicycles and staff had hoped to get the roadway into better condition prior to striping. The Committee and staff reviewed the project vicinity map, number 4 of 5, which identifies the proposed patch areas on M Street SE. Motion Carried Unanimously. 3-0. III.RESOLUTIONS A.Resolution No. 4714 (Sweeting) A Resolution of the City Council of the City of Auburn, Washington, Dedicating Property Acquired by the City of Auburn for the M Street Underpass Project as Right-of-Way Councilmember Peloza moved and Councilmember Haugen seconded to Approve to recommend that the City Council adopt Resolution No. 4714. Project Engineer Sweeting explained that the properties listed in the resolution have been acquired by the City and now need to be officially dedicated as City Right-of-Way. Page 4 of 12 PW.1 The Committee and Project Engineer Sweeting reviewed the aerial map identifying the properties. Project Engineer Sweeting answered a question asked by Chairman Wagner regarding the width of the Right-of-Way near 600 M Street SE. Sweeting stated that King County Housing Authority preferred to have a square property line, creating the change in Right-of-Way width. Sweeting explained that some of the Right-of-Way also varied in width due to efforts made to protect some of the trees along the roadway. Motion Carried Unanimously. 3-0. B.Resolution No. 4732 (Sweeting) 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- 11 for Project CP0916, West Valley Highway Improvements Councilmember Peloza moved and Councilmember Haugen seconded to Adopt to recommend that the City Council adopt Resolution No. 4732. Project Engineer Sweeting reported that bids for the project are being accepted on Thursday, August 4, 2011 and in order to complete the project this year, staff needs the contract to be awarded before the next scheduled Public Works Committee Meeting, August 15, 2011. Mayor Lewis assured the Committee that if the lowest responsible bidder is not within the project budget, the contract will not be awarded, following questions asked by Chairman Wagner. Vice-Chair Peloza asked how long West Valley Highway will be closed. Sweeting answered that the road closure is anticipated to begin the last week of August and end the third week of October, a 45 calendar day closure. The Committee and Project Engineer Sweeting discussed the detour route. Sweeting stated that there will be variable message boards on SR167, north of 15th Street NW, and on SR18, to try and keep commuting traffic on the state routes. Mayor Lewis spoke about the positive response from the public recognizing the need to complete the project even though the temporary road closure is inconvenient. Motion Carried Unanimously. 3-0. C.Resolution No. 4735 (Dunsdon) Page 5 of 12 PW.1 A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor and City Clerk to Negotiate and Execute an Interlocal Agreement with the Muckleshoot Indian Tribe to Design and Construct Improvements to the Auburn Way South Corridor Between Fir Street SE and Hemlock Street SE Councilmember Peloza moved and Councilmember Haugen seconded to Approve to recommend that the City Council adopt Resolution No. 4735. There were no questions from the Committee. Chairman Wagner commented that he is pleased with the agreement. Motion Carried Unanimously. 3-0. D.Resolution No. 4736 (Dunsdon) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Accept a Grant from the Washington State Transportation Improvement Board for Improvements to the Auburn Way South Corridor Between Fir Street SE and Hemlock Street SE Councilmember Peloza moved and Councilmember Haugen seconded to Approve to recommend that the City Council adopt Resolution No. 4736. There were no questions from the Committee. Motion Carried Unanimously. 3-0. IV.DISCUSSION ITEMS A.Auburn Gateway Project Briefing (Dixon) Discussion of Item A occurred following discussion of Item B. Principal Planner Dixon explained that the purpose of the discussion is to talk about the extension of previous City Council approvals. Dixon listed the materials that were included in the Public Works Committee Meeting agenda packet. Principal Planner Dixon provided a background summary of the Auburn Gateway Project to the Committee. For the last several years, the City of Auburn has been negotiating with Robertson Properties Group (RPG) on future development of approximately 60 acres located in the northern part of the City, referred to as the Auburn Gateway Project. The negotiations have included the preparation of Environmental Impact Statement (EIS) documents, amendments to the City’s Comprehensive Plan and Zoning Code, preparation of a draft Development Agreement (DA) and preparation of a draft Planned Action Ordinance. Page 6 of 12 PW.1 Dixon explained that the zoning map and text amendments, the Comprehensive Plan map and text amendments, and the Special Area Plan were provisionally passed by the City Council in 2008 and were extended in August 2010 for one year. The extension expires on August 31, 2011 and staff is seeking for the Council to extend that time for a limited period of time (4 months) because significant progress has been made on the policy and decision documents which staff anticipates presenting to the City Council before the end of the year. Dixon pointed out that the designations do not become permanent until the City Council approves a Development Agreement. Principal Planner spoke about the progress that staff has made working with RPG to complete required studies, negotiations and documentation that would provide the City Council with policy making opportunities that would aid in the phased development of the Auburn Gateway Project. Dixon reviewed the reasons why an addendum to the original EIS is necessary. The EIS addendum is now nearing completion; the only remaining portion is the traffic analysis. Additional progress that has been made is related to drafting a Development Agreement (DA) to be brought forward that can carry a favorable recommendation to the City Council. A key component of the DA is to include architectural and site design standards to demonstrate that the development will be high quality. Principal Planner Dixon explained that Exhibit 2 has been provided to the Committee for review of specific information about Development Agreements, such as what the provisions are allowed under the State law, how the City has approached agreements under its regulations, and the typical key elements of Development Agreements. Dixon spoke about previously repealed City Code that related to Development Agreements. Dixon explained that at the time of repeal there were two projects that were vested to the ability to go through that process and a Development Agreement is a voluntary agreement that the City Council can choose to enter into but RPG was vested to make an application for the agreement. Principal Planner Dixon addressed questions asked by Mayor Lewis pertaining to the actions that can and can not be taken by the City Council, in regards to entering into a Development Agreement, if the continued conditional effectiveness of the Comprehensive Plan and zoning to the Auburn Gateway Project is not extended past August 31, 2011. The question was answered that without the city’s specific code provisions for development agreements, state law provides general provisions for development agreements that could be requested. Page 7 of 12 PW.1 Dixon reviewed the key elements of the former Auburn City Code Section 14.21 which generally provides that a development agreement can allow greater flexibility in the development standards of the existing zoning districts in exchange for public and community benefits. The code specifies that the City may consider a development agreement for a nonresidential or mixed use project in areas designated for office, commercial, industrial or institutional use in the Comprehensive Plan or in a designated special plan area. Principal Planner Dixon summarized the Summary of a Planned Action Ordinance (PAO) for the Committee (Exhibit 3). The PAO is a mechanism under the State Environmental Policy Act (SEPA) whereby by designating a project as a planned action, where an EIS has been prepared, environmental review of a project can be more streamlined at the later project stage. Staff is also working on an update to the NE Auburn Special Area Plan that was previously adopted. Staff is proposing to make the update part of the annual Comprehensive Plan amendment process. The changes would be presented to the council prior to the end of the year. Principal Planner Dixon responded that the City has determined that RPG has submitted an application that was sufficient for processing so RPG can operate under the repealed codes but the DA is still a voluntary contract that the City Council can choose to enter into that process or not in response to questions asked by Chairman Wagner regarding Exhibit 2: Summary of a Development Agreement. Planning Director Snyder added that would apply under the previous regulations repealed by Council or the existing State statute, entering into a Development Agreement is a voluntary action of the City Council. Mayor Lewis responded to questions asked by Chairman Wagner about insurance issues related to Development Agreements. Assistant City Attorney answered a question asked by Chairman Wagner regarding what provisions may be included in a Development Agreement that would prevent a developer from taking legal action against the City. Gross spoke primarily about clarifying the terms of a Development Agreement prior to entering into the agreement. Chairman Wagner indicated that in past instances of development agreements he had not seen a listing of the flexibility requested and the community benefits accruing and asked Principal Planner Dixon that a list of flexibility requested and benefits accruing be included in any agreement. Mayor Lewis asked the Committee if they had any concerns regarding building height in the proposed Auburn Gateway Project area. Chairman Page 8 of 12 PW.1 Wagner stated that he personally has no concerns. Vice-Chair Peloza agreed that he also did not have concerns. Member Haugen stated that she had some concerns. The Committee had no additional questions. B.Citizen Survey Results (Hinman) Mayor Lewis asked that Item B be discussed prior to Item A. Stuart Elway from Elway Research Inc. presented the results of the 2011City of Auburn Citizens’ Opinions of City and City Government survey to the Committee. Mr. Elway explained the reason for weighing the data for renters versus the data for homeowners and described the methods used to collect the data, in response to a request from Chairman Wagner. Mr. Elway reported that his staff called between approximately 4,000 – 5,000 residents, spoke with approximately 1,000 – 1,200 residents and 500 residents agreed to be interviewed. Of the 500 adult heads of household that were interviewed, there is a margin of sampling of error of 4.5% so the results of the survey are within 4.5% of the results if every resident had been interviewed. Mr. Elway reviewed the respondent profile with the Committee. Mr. Elway stated that the conclusion of the survey is that Auburn residents continue to have generally a positive perception of City government. The ratings of City amenities increased and there is a greater appreciation for Auburn’s strongest attributes, which included atmosphere and location. Mr. Elway reviewed the detailed survey results with the Committee. Chairman Wagner asked how the results of the survey will be presented to the Auburn Reporter. Mayor Lewis answered that he had met with the reporter from the newspaper, Robert Whale, and provided him with a copy of the survey. C.Auburn Environmental Park - Parking Plans (Andersen) Director Dowdy explained to the meeting attendees that the subject of the Auburn Environmental Park (AEP) parking plans is a subject that would normally be reviewed by the Planning and Community Development Committee (PCDC) however the subject was included on the Public Works Committee Meeting agenda at the request of Chairman Wagner. Chairman Wagner spoke about the limited boardwalk trail-head parking currently available on Western Avenue and the need to provide parking on Page 9 of 12 PW.1 Main Street. Environmental Protection Manager Andersen provided background information on the current Auburn Environmental Park (AEP) Boardwalk Project. The project is funded, in part, by a grant from the State. The grant funds are for the building of the boardwalk, the planting of native trees and shrubs at the margins of the AEP along SR167, but the grant did not fund parking facilities. Andersen explained that the current parking facility is a three stall gravel lot on Western Avenue that serves the AEP Birding Tower. Andersen stated that usage of the lot tends to be light so in anticipation of the increase in usage of the Birding Tower and boardwalk, staff has been looking at options that may accommodate the additional parking demand. Environmental Protection Manager Andersen said that staff has looked at ways to expand the existing parking facility on Western Avenue utilizing upland areas that do not include wetlands. Andersen stated that staff will be expanding the current parking facility to add four additional stalls as part of the current boardwalk project. Planning Director Snyder assured that Committee that staff has been working with the Planning and Community Development Committee on parking for the AEP. Development Review Engineer Truong reviewed an aerial map of the AEP with the Committee. Truong identified the current parking area and explained that staff is proposing expanding the lot to a four foot wide bicycle area, four additional parking stalls, one being van accessible. Truong stated that staff is also developing a monitoring program for the lot to determine usage. Chairman Wagner stated that parking may still be needed along Main Street. Member Haugen suggested the addition of wayfinding signs for the AEP to increase usage of the park and Birding Tower. Mayor Lewis stated that improving the existing parking, the addition of signage, and monitoring the parking with be a staged process and the construction of the boardwalk is the beginning of the process. Chairman Wagner commented that he feels parking on Main Street is still needed at this time, possibly needed more than the parking expansion on Western Avenue due to the higher visibility on Main Street. Assistant Director/City Engineer Selle stated that the City is working on updating the Master Plan for the AEP and following an update, staff can look strategically at where parking should be ultimately located. Selle stated that staff will look to see if there is capacity for designated parking on Main Page 10 of 12 PW.1 Street and/or the feasibility of a separate parking facility in the vicinity of the Main Street trail-head. Assistant Director/City Engineer Selle also spoke about the opportunities to add parking along Western Avenue. Chairman Wagner spoke about the benefits of people entering the AEP from Main Street versus Western Avenue. Mayor Lewis explained that staff will be moving forward with the parking facility expansion on Western Avenue and spoke about future plans to increasing the AEP visibility from Main Street. Environmental Protection Manager Andersen pointed out that there will be entrances to the boardwalk on both Main Street and Western Avenue and there will be entry signage at both entrances in addition to wayfinding signs, as mentioned by Member Haugen. Member Haugen asked if staff has received feedback from any of the bird watching groups that use the AEP. Mayor Lewis stated that there has been positive feedback and input from bird watching groups regarding the boardwalk project. The Committee and staff continued discussing parking. The Committee asked staff to evaluate the cost of adding parking on Main Street. D.Capital Project Status Report (Selle) Item 12 – C524A – SCADA System Improvement: Chairman Wagner asked for clarification of the project status. Assistant Director/City Engineer Selle briefly explained the preliminary design efforts that have been completed to date and the current design work that is ongoing. Chairman Wagner spoke about the length of the project and the potential for overrun of the budget and/or lack of performance. Assistant Director/City Engineer Selle responded that staff has utilized this time to the advantage of the City allowing detailed coordination with the City’s consultant and the IS Department to take place in an effort to provide a more cost effective, efficient, and reliable SCADA system. Chairman Wagner requested a project update in late 2011. Item 3 – CP0920 – 2009 AC Water Main Replacement: Assistant Director/City Engineer Selle provided a definition of a punchlist at the request of Member Haugen. Item 19 – CP0803 – 37th Street SE/R Street SE Pedestrian Connector: Assistant Director/City Engineer Selle confirmed that the bid opening is still scheduled for the current week, in response to a inquiry from Vice-Chair Peloza. Page 11 of 12 PW.1 Item 29 – CP1024 – Auburn Way S and M Street SE Intersection Improvements: Chairman Wagner asked how the public is being notified of the pending restrictions of left turn movements at the 17th Street SE/M Street SE intersection. Assistant Director/City Engineer Selle stated the notified process includes advanced placement of a message sign, a specific notice to the neighborhood, a general press release, and a posting on the City’s website. Item D – MS0802 – Airport Re-roof: Vice-Chair Peloza reported that the Airport Advisory Board is still trying reviewing the project. Vice-Chair Peloza asked about the timing at the traffic signal at the 3rd Street NE/Auburn Avenue intersection. Assistant Director/City Engineer Selle spoke about how the timing of the individual signal may not seem appropriate, but in part, the timing of this signal is impacted by other nearby signals in an attempt to provide efficient signal progression along the Auburn Avenue corridor. Selle stated that staff is still investigating the timing concern raised at this location. V.ADJOURNMENT Page 12 of 12 Rich Wagner Jennifer Rigsby Chairman Public Works Department Secretary PW.1 AGENDA BILL APPROVAL FORM Agenda Subject: August 1, 2011 Minutes Date: August 5, 2011 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: For information only. Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff: Meeting Date:August 15, 2011 Item Number:FN.1 AUBURN * MORE THAN YOU IMAGINEDFN.1 Finance Committee August 1, 2011 - 6:00 PM Annex Conference Room 1 MINUTES I.CALL TO ORDER Chair 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 were: Mayor Peter B. Lewis, City Attorney Daniel B. Heid, Finance Director Shelley Coleman, Chief of Police Bob Lee, Planning and Development Director Kevin Snyder, Public Works Director Dennis Dowdy, Planning Manager Elizabeth Chamberlain, and City Clerk Danielle Daskam. B.Announcements There was no announcement. C.Agenda Modifications There was no change to the agenda. II.CONSENT AGENDA A.July 18, 2011 Minutes Vice Chair Norman moved and Member Wagner seconded to approve the July 18, 2011 minutes. MOTION CARRIED UNANIMOUSLY. 3-0. B.Claims Vouchers (Coleman) Claims check numbers 406215 through 406537 in the amount of $1,922,333.75 and three wire transfers in the amount of $204,197.50 and dated this 1st day of August, 2011. C.Payroll Vouchers (Coleman) Payroll check numbers 531828 through 531925 in the amount of $330,258.26 and electronic deposit transmissions in the amount of $1,202,060.05 for a grand total of $1,532,318.31 for the period covering July 14, 2011 to July 27, 2011. Committee members reviewed the claim and payroll vouchers and briefly discussed claims voucher numbers 125, 406259, 406449, 406241, 406263, 406285, 406408, 406457 and 406497. Page 1 of 4 FN.1 Vice Chair Norman moved and Member Wagner seconded to approve the claims and payroll vouchers. MOTION CARRIED UNANIMOUSLY. 3-0. III.DISCUSSION ITEMS A.Resolution No. 4731 (Lee) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to accept grant funds from the U.S. Department of Justice for a Byrne Memorial Justice Assistance Grant Chief of Police Lee explained that Resolution No. 4731 accepts a Byrne Memorial Grant from the U.S. Department of Justice in the amount of $33,631.00. The funds will be used for several community policing efforts, such as overtime for Teen Late Night, crime prevention, block watch meetings, DUI enforcement, racer emphasis patrols, the citizens academy, and fireworks. B.Resolution No. 4730 (Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an agreement for building, planning, and code enforcement services with the City of Algona Planning Manager Chamberlain explained that Resolution No. 4730 will authorize the Mayor to execute an interlocal agreement with the City of Algona to provide planning, building and advisory code enforcement services to the City of Algona. The City of Auburn has been providing building services, including plan review and building inspections, to Algona since 2005. The planning services will include a planner at Algona City Hall two days per week for four hours a day. The City of Auburn will receive full cost recovery for the services provided. Director Snyder explained that the rates for services outlined on Exhibit C include a billable rate and a basic overhead cost. C.Resolution No. 4714 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, dedicating property acquired by the City of Auburn for the M Street Underpass Project as right-of-way Public Works Director Dowdy stated that Resolution No. 4714 completes the dedication of various properties acquired for the M Street Underpass Project as right-of-way. Due to the significant amount of properties that required total taking, the properties were acquired using standard Warranty Deeds, which conveyed the properties as City property. All properties have been acquired for the project. In order to meet right-of-way certification with the State, the City must dedicate portions of the total takes as right-of-way for the street project. Page 2 of 4 FN.1 D.Resolution No. 4732 (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 11-11 for Project CP0916, West Valley Highway Improvements Public Works Director Dowdy advised that Resolution No. 4732 grants the Mayor the authority to award and execute Public Works Contract No. 11-11 for Project CP0916, West Valley Highway Improvements. The resolution is recommended in order to avoid delaying the construction start by two weeks. The bids will be opened on August 4th and the resolution will allow the Mayor to award the bid to the lowest responsible bidder. The project will close the West Valley Highway from Main Street to Peasley Canyon for forty-five days. Detours will be established. E.Resolution No. 4735 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to negotiate and execute an Interlocal Agreement with the Muckleshoot Indian Tribe to design and construct improvements to the Auburn Way South Corridor between Fir Street SE and Hemlock Street SE Public Works Director Dowdy explained that Resolution No. 4735 authorizes an agreement with the Muckleshoot Indian Tribe (MIT) for their participation in the construction and design work for the Auburn Way South Corridor improvements between Fir Street SE and Hemlock Street SE. The MIT will provide matching funds in the amount of $600,000 for the $2.4 million grant from the Washington State Transportation Improvement Board grant for the project. F.Resolution No. 4736 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to accept a grant from the Washington State Transportation Improvement Board for improvements to the Auburn Way South Corridor between Fir Street SE and Hemlock Street SE The City, in partnership with the Muckleshoot Indian Tribe (MIT), was granted a Washington State Transportation Improvement Board grant in the amount of $2,426,400 for the design and construction of improvements to the Auburn Way South corridor between Fir Street SE and Hemlock Street SE. The twenty percent matching requirement will be provided by the MIT. Resolution No. 4736 authorizes the acceptance of the grant from the Washington State Transportation Improvement Board. IV.ADJOURNMENT There being no further business to come before the Committee, the meeting adjourned Page 3 of 4 FN.1 at 6:26 p.m. APPROVED THE ________ DAY OF AUGUST, 2011. _____________________________ ______________________________ Nancy Backus, Chair Danielle Daskam, City Clerk Page 4 of 4 FN.1 AGENDA BILL APPROVAL FORM Agenda Subject: August 9, 2011 Draft Minutes Date: August 10, 2011 Department: Planning and Development Attachments: Downtown Redevelopment Committee Draft Minutes Budget Impact: $0 Administrative Recommendation: Information only. Background Summary: Reviewed by Council Committees: Councilmember:Norman Staff: Meeting Date:August 15, 2011 Item Number:DR.1 AUBURN * MORE THAN YOU IMAGINEDDR.1 Page 1 DRAFT DOWNTOWN REDEVELOPMENT COMMITTEE AUGUST 9, 2011 MINUTES I. CALL TO ORDER Chair Lynn Norman called the meeting to order at 4:00 p.m. in Annex Conference Room 2, located on the second floor of One East Main Street, Auburn, Washington. Committee Members present were: Chair Lynn Norman, Vice Chair Nancy Backus, and Member Rich Wagner. Staff present included: Planning Manager Elizabeth Chamberlain and Support Clerk Bobbie Hodgkinson. Audience Members present were: Ronnie Roberts, Gosanko Chocolates II. CONSENT AGENDA A. Meeting Minutes – July 12, 2011 Vice Chair Backus moved and Member Wagner seconded to approve the consent agenda items as presented. MOTION CARRIED UNANIMOUSLY 3-0 III. ACTION A. Consultant Agreement AG-C-406 Planning Manager Elizabeth Chamberlain stated this is part of the next round of projects to accomplish with the balance of the Local Revitalization Funds (LRF). At the May 24, 2011 Downtown Redevelopment Committee meeting, the Committee provided direction to staff on which projects to move forward with. One of these projects is remodeling the NW City Hall plaza entrance. The recommendation is for a consultant agreement with KPG, Inc., to perform the design work for the northwest City Hall Plaza improvement. As outlined in the Agenda Bill, the scope of the consultant agreement includes designing improvements that will be similar to the existing plaza improvements completed recently at the southeast corner of City Hall. It includes possible sidewalk improvements, pavement improvements, ADA ramp, possible lighting improvements, City Hall wall sign, and related site furnishings and landscape. The consultant contract is anticipated to not exceed $63,000. Ms. Chamberlain noted that we will be looking at carrying through some of the design features of the front plaza. The ADA ramp is included in case improvements are needed, and some additional survey work will be required to determine whether the ramp meets current ADA standards. Sidewalk improvements are also included because, until the actual design, it is not known how much of the sidewalk might need to be replaced to meet standards. DR.1 Downtown Redevelopment Committee Minutes August 9, 2011 Page 2 The Budget Status Sheet has the design at about $63,000 which leaves some cushion in case something comes up during the design phase. The estimate came back a little less which leaves some surplus in Fund 330. Member Wagner inquired if the $63,000 falls within the small works contact threshold. Ms. Chamberlain responded that the professional services roster through Municipal Research Service Center was used to select three consultants for the review and selection process. It was not an advertised bid process. Member Wagner wanted to know what will be done in the way of pavement on this project. Ms. Chamberlain indicated it is primarily the lower level below the staircase area similar to the SE corner of City Hall working in that similar paver pattern and would not include the upper part near the doorway. Chair Lynn Norman asked about the infrastructure. Ms. Chamberlain indicated this is more of a surface project; it is a much smaller area and the level of grading and excavation is minimal. There is an existing storm drain that will be improved to meet current standards. The handrails appear to meet ADA standards but, as part of the survey work, the height of the railings will be checked for compliance. The Committee would like part of the design scope to look into adding railings to the staircase as what was done with new City Hall Plaza. Vice Chair Backus moved and Member Wagner seconded the motion to forward Consultant Agreement AG-C-406 to full Council for consideration. IV. DISCUSSION / INFORMATION A. Matrix Ms. Chamberlain noted, Item 10, Downtown Incentives, that the Economic Development staff may be ready to bring this item back for discussion at the next Downtown Redevelopment meeting. The focus is on reviewing new incentives; however, the Committee agreed that existing incentives should be included for a complete picture. Director Snyder and Ms. Chamberlain met with the consultant for the market analysis last week to provide comments and changes to the draft market analysis before sharing with the Mayor and the Committee. As a result, that date can be bumped out. V. ADJOURNMENT There being no further business to come before the Downtown Redevelopment Committee, Chair Norman adjourned the meeting at 4:11 p.m. APPROVED THIS DAY OF . Lynn Norman, Chair Bobbie Hodgkinson, Support Clerk DR.1 AGENDA BILL APPROVAL FORM Agenda Subject: August 9, 2011 Council Operations Committee Date: August 11, 2011 Department: Administration Attachments: August 9, 2011 Council Operations Committee Agenda Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Council Operations Committee Councilmember:Wagner Staff: Meeting Date:August 15, 2011 Item Number:COC.0 AUBURN * MORE THAN YOU IMAGINEDCOC.0 Page 1 COUNCIL OPERATIONS COMMITTEE August 9, 2011 5:00 PM CONFERENCE ROOM 3 CITY HALL, 2ND FL AGENDA I. CALL TO ORDER – 5:00 PM II. APPROVAL OF MINUTES A. August 4, 2011 III. ORDINANCE NO. 6373 An Ordinance of the City Council of the City of Auburn, Washington, amending Section 2.51.020 of the Auburn City Code relating to compensation of Council members and the Deputy Mayor VI. ADJOURNMENT COC.0 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the August 1, 2011 Council Meeting Date: August 5, 2011 Department: Administration Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:August 15, 2011 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A City Council Meeting August 1, 2011 - 7:30 PM Auburn City Hall MINUTES I.CALL TO ORDER A.Flag Salute Mayor Peter B. Lewis 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, Bill Peloza, Lynn Norman, and Virginia Haugen. Councilmember John Partridge was excused. Directors and staff members present included: Chief of Police Bob Lee, City Attorney Daniel B. Heid, Parks, Arts and Recreation Director Daryl Faber, Planning and Development Director Kevin Snyder, Public Works Director Dennis Dowdy, Finance Director Shelley Coleman, Economic Development Manager Doug Lein, and City Clerk Danielle Daskam. C.Announcements, Appointments, and Presentations 1.Miss Auburn and Miss Auburn's Outstanding Teen Mayor Lewis and City Council to honor Miss Auburn Daniela Ferrell and Miss Auburn's Outstanding Teen Naomi Moore on their great job representing Auburn at each of their state competitions where they each placed in the Top 5. Mayor Lewis welcomed Miss Auburn Daniela Ferrell and Miss Auburn's Outstanding Teen Naomi Moore. Mayor Lewis was joined by Councilmember Nancy Backus, who serves as president of the Miss Auburn Scholarship Program. Councilmember Backus reported this year was a very successful year for the Miss Auburn Scholarship Program. Miss Auburn's Outstanding Teen Naomi Moore placed as third runner-up in the state Outstanding Teen Program and Miss Auburn Daniela Ferrell placed as fourth runner-up to Miss Washington and was named a preliminary talent winner. Councilmember Backus thanked the many volunteers who contribute to the success of the program, particularly Mayor Lewis who gives his time and support to the program. Mayor Lewis stated that the Miss Auburn Scholarship Program is the largest local program of its type in the United States. He thanked Councilmember Backus for her service and leadership as president of the program. Page 1 of 9 CA.A Councilmember Backus also announced the dates of upcoming program events: the Miss America Program will be held January 16, 2012, the second annual Miss Auburn's Outstanding Teen program will be held January 21, 2012, and the fiftieth anniversary of the Miss Auburn Scholarship Program will be held February 3 and 4, 2012. Miss Auburn Daniela Ferrell introduced and thanked her mother, Elsa Ferrell, who was also in attendance. Miss Auburn's Outstanding Teen Naomi Moore also introduced and thanked her mother, Rebecca, who accompanied her this evening. D.Agenda Modifications There was no change to the agenda. II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A.Public Hearings No public hearing was 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. No one from the audience requested to address the Council. C.Correspondence There was no correspondence for Council review. III.COUNCIL COMMITTEE REPORTS A.Municipal Services Chair Peloza reported the Municipal Services Committee met July 25, 2011. The Committee reviewed Resolution No. 4696 authorizing a contract with Collette Vacation Tours to act as a travel agent for the City's Senior Center Program. The Committee also reviewed Ordinance No. 6367 relating to solid waste, recycling, and compostables. The Committee discussed a proposed contract for animal services with the Auburn Valley Humane Society, the animal control licensing program quarterly report, red light photo signage, parking signage at the Kiss and Ride lot at the transit center, speed limits in alleyways, parking space identification in public right-of-way, the shopping cart semi-annual report, the quarterly reports on the golf course restaurant and the golf course operation, Resolution No. 4731 accepting a Byrne Memorial Justice Assistance Grant in the amount of $34,000 from the U.S. Department of Justice, and the committee project matrix. The next regular meeting of the Municipal Services Committee is scheduled for August 8, 2011 at 3:00 p.m. Page 2 of 9 CA.A B.Planning & Community Development Chair Norman reported the Planning and Community Development Committee met July 25, 2011. The Committee approved Resolution No. 4730 authorizing an agreement with the City of Algona for planning and advisory code enforcement services. The City of Auburn will be compensated for the services, and City of Auburn will have first priority for staff. The Committee reviewed the results of the recent citizens survey conducted by Elway Research of a cross-section of 500 residences. In general, the results stayed the same or increased in satisfaction. Parks and Recreation is the most used service. Transit use has increased, and Police, Parks, and Internet Access were the "stars" of the survey. The Committee also reviewed Resolution No. 4696 authorizing a contract with Collette Vacation Tours for the Senior Center Program, the Auburn Gateway Project by Robertson Properties Group for development of approximately 60 acres south of 277th and west of the I Street NE extension, a proposed code amendment to allow keeping of urban farm animals, and downtown parking. The next regular meeting of the Planning and Community Development Committee is scheduled for August 8, 2011 at 5:30 p.m. C.Public Works Chair Wagner reported the Public Works Committee met this afternoon at 3:30. The Committee approved right-of-way use permits for the Auburn Downtown Association's wine and music festival and the Auburn Good Ol' Days Festival and Fun Run. The Committee also reviewed Public Works Project No. CP1109 for storm pipeline repair and replacement and Public Works Project No. CP1102, the 2011 Arterial and Collector Street Pavement Preservation Project. The Committee also reviewed Resolution No. 4714 dedicating property acquired for the M Street Underpass Project as right-of-way, Resolution No. 4732 authorizing the bid award for Project CP0916 West Valley Highway Improvements to the lowest responsible bidder, Resolution No. 4735 authorizing an interlocal agreement with the Muckleshoot Indian Tribe for their participation in the Auburn Way South Corridor Project, and Resolution No. 4736 accepting a grant from the Washington State Transportation Improvement Board for the Auburn Way South Corridor between Fir and Hemlock Streets SE. The Committee received a briefing on the Auburn Gateway Project, the results of the citizens survey, and parking plans for the Auburn Environmental Park. The next regular meeting of the Public Works Committee is scheduled for August 15, 2011 at 3:30 p.m. D.Finance Chair Backus reported the Finance Committee met this evening at 6:00. The Committee approved claims and payroll vouchers. The claims vouchers included payments to Waste Management in the amount of $656,000 for June solid waste services, Gibson & Jarvey in the amount of $140,000 for a parcel on H Street SE which is part of the Community Development Block Grant capital program, Mountain West Construction in the amount of $314,000 for a water main replacement project on Lea Hill, Puget Sound Energy in the amount of $131,000 for power during the month of June, and Redflex Traffic Systems in the amount of Page 3 of 9 CA.A $74,000 for red light photo enforcement. The Committee discussed Resolution No. 4731 accepting a Byrne Memorial Justice Grant, Resolution No. 4730 authorizing an interlocal agreement with the City of Algona for planning and advisory code enforcement services, Resolution No. 4714 dedicating property acquired for the M Street Underpass Project as right-of-way, Resolution No. 4732 related to the West Valley Highway Improvements Project, Resolution No. 4735 authorizing an interlocal agreement with the Muckleshoot Indian Tribe for their participation in the Auburn Way South Corridor Project, and Resolution No. 4736 accepting a grant from the Washington State Transportation Improvement Board for the Auburn Way South corridor between Fir Street SE and Hemlock Street SE. The next regular meeting of the Finance Committee is scheduled for August 15, 2011 at 6:00 p.m. E.Les Gove Community Campus The Les Gove Community Campus Committee has not met since the last Council meeting. F.Downtown Redevelopment Chair Norman reported that the Downtown Redevelopment Committee has not met since the last Council meeting. The next regular meeting of the Downtown Redevelopment Committee is scheduled for August 9, 2011 at 4:00 p.m. G.Council Operations Committee Chair Wagner reported the Council Operations Committee met July 28, 2011, and discussed comparative salaries for Councilmembers, Council rules of procedure, and Council committee meeting schedules. The next meeting of the Council Operations Committee is scheduled for August 4, 2011 at 4:00 p.m. 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 Deputy Mayor Singer reported that she attended the groundbreaking ceremony for the A/B Street Corridor Project, the groundbreaking for the new boardwalk at the Auburn Environmental Park, and the ribbon cutting ceremony for ACAP at their new facility at the United Methodist Church on Main Street. Deputy Mayor Singer also attended a Regional Economic Development Board meeting where she was able to ensure that south King County was represented among their focus groups. Councilmember Wagner reported that he attended the South Correctional Entity (SCORE) open house. The $22 million SCORE facility is owned by the cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila, and can house of up to 800 misdemeanant inmates. Page 4 of 9 CA.A Councilmember Norman reported that she attended the groundbreaking ceremony for the new boardwalk at the Auburn Environmental Park. Councilmember Norman also attended the Auburn Area Chamber of Commerce's Leaders Luncheon where Senator Joe Fain spoke regarding the last legislative session. Councilmember Backus reported that she attended the groundbreaking ceremony for the new boardwalk at the Auburn Environmental Park and the ribbon cutting ceremony for ACAP at their new facility at the First United Methodist Church on Main Street. Councilmember Backus announced that this evening is her fourteenth wedding anniversary and thanked her husband for his support. Councilmember Backus also welcomed back Deputy Mayor Singer following a brief illness and announced the birth of Mason John Cox, the new grandson of Executive Assistant Tamie Bothell. Councilmember Peloza reported that he met with a property owner and toured several tributaries of the northwest Auburn drainage area. Subsequently, the property owner submitted a proposal to King County for funding possibilities through King County, the King Conservation District, and the Water Resource Inventory Area (WRIA) 9 to improve the drainage issues in the agricultural northwest area of Auburn. Councilmember Peloza also attended the Auburn Airport Advisory Board meeting where topics included the use of the airport by a model aircraft flying group, a new policy on storage and parking of vehicles at the airport, an alternative airport washing area, and bids for new roofs on hangars 9 and 10. Councilmember Peloza also attended the WRIA 9 management committee meeting where they discussed a funding mechanism and drafting of a watershed investment district as a means of funding the salmon habitat plan. Councilmember Peloza also attended the King County Flood Control District meeting, the U.S. Corps of Engineers change in command ceremony, the SCORE open house, the groundbreaking ceremony for the new boardwalk at Auburn Environmental Park, and the ribbon cutting ceremony for the new ACAP location. Councilmember Peloza reminded that the Auburn International Farmers Market is held on Sunday. Councilmember Haugen reported that she attended the ACAP ribbon cutting ceremony. B.From the Mayor Mayor Lewis reported that he attended the ACAP ribbon cutting ceremony at their new location at Auburn United Methodist Church. Mayor Lewis also attended the Bon Odori Festival and received a series of visitors this past week, including youth ambassadors from the Sister City of Tamba, Japan and several youth from Okinawa and Tokyo, Japan. Mayor Lewis also participated in the groundbreaking ceremony for the new boardwalk at the Auburn Environmental Park and the A/B Street Corridor Project groundbreaking. He also attended the King County Flood Control District Advisory Committee where the focus of the meeting was the budget and funding from FEMA for the cost of placing and removing the flood control barriers along the Green River. Page 5 of 9 CA.A V.CONSENT AGENDA A.Minutes of the July 18, 2011 Council meeting. B.Payroll Vouchers (Backus/Coleman) Payroll check numbers 531828 through 531925 in the amount of $330,258.26 and electronic deposit transmissions in the amount of $1,202,060.05 for a grand total of $1,532,318.31 for the period covering July 14, 2011 to July 27, 2011. C.Public Works Project No. CP1102 (Wagner/Dowdy) City Council award Contract No. 11-10, to Puget Paving and Construction on their low bid of $1,259,845.00 for Project No. CP1102, 2011 Arterial and Collector Street Pavement Preservation Deputy Mayor Singer moved and Councilmember Wagner seconded to approve the Consent Agenda. Councilmember Haugen requested the removal of the claims vouchers from the Consent Agenda. MOTION TO APPROVE THE CONSENT AGENDA, EXCEPTING THE CLAIMS VOUCHERS, CARRIED UNANIMOUSLY. 6-0. VI.UNFINISHED BUSINESS A.Claims Vouchers (Backus/Coleman) Claims check numbers 406215 through 406537 in the amount of $1,922,333.75 and three wire transfer in the amount of $204,197.50 and dated this 1st day of August, 2011. Deputy Mayor Singer moved and Councilmember Wagner seconded to approve the claims vouchers. Councilmember Haugen questioned vouchers 406450 to Public Benefit Technology and 406222 to A Agro Tree Inc. Additional information was conveyed to Councilmember Haugen in response to her questions. MOTION CARRIED UNANIMOUSLY. 6-0. VII.NEW BUSINESS There was no new business. VIII.ORDINANCES A.Ordinance No. 6367 (Peloza/Coleman) An Ordinance of the City Council of the City of Auburn, Washington, amending Chapter 8.08 of the Auburn City Code relating to solid waste Councilmember Peloza moved and Deputy Mayor Singer seconded to introduce and adopt Ordinance No. 6367. Page 6 of 9 CA.A MOTION CARRIED UNANIMOUSLY. 6-0. IX.RESOLUTIONS A.Resolution No. 4696 (Peloza/Faber) A Resolution of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn, to execute an agreement with Collette Vacations to act as travel agent for the City's Senior Center Program Councilmember Peloza moved and Deputy Mayor Singer seconded to adopt Resolution No. 4696. Deputy Mayor Singer noted that local travel agents were given an opportunity to provide these services. MOTION CARRIED UNANIMOUSLY. 6-0. B.Resolution No. 4714 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, dedicating property acquired by the City of Auburn for the M Street Underpass Project as right-of-way Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4714. MOTION CARRIED UNANIMOUSLY. 6-0. C.Resolution No. 4730 (Norman/Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an agreement for building, planning, and code enforcement services with the City of Algona Councilmember Norman moved and Councilmember Backus seconded to adopt Resolution No. 4730. In response to questions from Deputy Mayor Singer, Director Snyder advised that the agreement provides for full cost recovery for all services. The department capacity was evaluated to confirm that the service level requested by Algona could be met; City of Auburn demands will always be a priority. MOTION CARRIED UNANIMOUSLY. 6-0. D.Resolution No. 4732 (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 11-11 for Project CP0916, West Valley Highway Improvements Councilmember Wagner moved and Councilmember Peloza seconded to adopt Page 7 of 9 CA.A Resolution No. 4732. There was brief discussion regarding the detour routes during construction of the project. Councilmember Haugen requested all Councilmembers receive the information that was given to the Public Works Committee earlier today. Mayor Lewis stated that information regarding the project and the detour routes will be available on the City's web site, in the newspaper, through written notification, and through the use of electronic signs. MOTION CARRIED UNANIMOUSLY. 6-0. E.Resolution No. 4735 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor and City Clerk to negotiate and execute an Interlocal Agreement with the Muckleshoot Indian Tribe to design and construct improvements to the Auburn Way South Corridor between Fir Street SE and Hemlock Street SE Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4735. Councilmember Wagner explained that the resolution provides for an interlocal agreement with the Muckleshoot Indian Tribe, who will be contributing approximately twenty percent of the cost of the project. MOTION CARRIED UNANIMOUSLY. 6-0. F.Resolution No. 4736 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to accept a grant from the Washington State Transportation Improvement Board for improvements to the Auburn Way South Corridor Between Fir Street SE and Hemlock Street SE Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4736. Councilmember Wagner explained that Resolution No. 4736 accepts a grant from the Washington State Transportation Improvement Board in the amount of $2.4 Million for design and construction of improvements to the Auburn Way South corridor between Fir Street Se and Hemlock Street SE. MOTION CARRIED UNANIMOUSLY. 6-0. X.ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 8:37 p.m. DATED AND SIGNED THIS ________ DAY OF AUGUST, 2011. Page 8 of 9 CA.A _____________________________ ______________________________ Peter B. Lewis, Mayor Danielle Daskam, City Clerk Page 9 of 9 CA.A AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers Date: August 10, 2011 Department: Finance 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:August 15, 2011 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers Date: August 10, 2011 Department: Finance 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:August 15, 2011 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP0803 Date: August 10, 2011 Department: Public Works Attachments: Budget Status Sheet Bid Tabulation Summary Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council award Small Works Contract No. 11-04 to T Miller Construction on their low bid of $115,336.90 for Project No. CP0803, 37th St SE / R St SE Pedestrian Connector Background Summary: The purpose of this project is to 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. The project includes lighting and fencing. The total project cost is estimated to be $197,708. A project budget contingency of $19,011 remains in the 102 (Arterial Street) Fund. O4.9.1 CP0803 Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:August 15, 2011 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINEDCA.D Project No: CP0803Project Title: Project Manager: Leah Dunsdon Project Initiation Initiation Date: September 8, 2009 Permision to Advertise Advertisement Date: _July 21, 2011___ 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 9,41983,00092,419 Total20,99016,314179,4150216,719 Activity Prior Years 20102011 Future Years Total Design Engineering - City Costs20,99016,31410,00047,304 Construction Contract Bid 115,337115,337 Authorized Contingency (20%)23,06723,067 Other (WSDOT Design & Construction Costs)1,0001,000 Construction Engineering - City Costs 11,00011,000 Total 20,990 16,314 160,404 0 197,708 Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) BUDGET STATUS SHEET 37th Street SE / R Street SE Pedestrian Connector Date: August 8, 2011 The "Future Years" column indicates the projected amount to be requested in future budgets. Total 20,990 16,314 160,404 0 197,708 Prior Years 20102011 Future Years Total *102 Funds Budgeted ( )(20,990)(16,314)(179,415)0(216,719) 102 Funds Needed 20,99016,314160,4040197,708 *102 Fund Project Contingency ( )00(19,011)0(19,011) 102 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City has available. 102 Arterial Street Fund Budget Status H:\PROJ\CP0803 37th Street SE, R Street SE Ped. Connector\Budget\CP0803.BudgetStatusSheet.xls1 of 1 CA.D CA.D CA.D AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1002 Date: August 10, 2011 Department: Public Works Attachments: Budget Status Sheet Final Pay Estimate Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council approve Final Pay Estimate No. 10 to Contract No. 10-03 in the amount of $18,866.57 and accept construction of Project No. CP1002 2010 Local Street Pavement Preservation Project Background Summary: The 2010 Local Street Pavement Preservation project rehabilitated deficient pavement on 1.4 miles of local streets in and around the City's downtown area. This rehabilitation was 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 was funded by the 103 (Local Street) Fund. This project is also replaced 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 also replaced 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 was funded by the 430 (Water) fund and the 432 (Storm) fund. A project increase of $3,336 within the 103 (Local Street Preservation) fund will be necessary, however it will not require a budget adjustment since it is anticipated that the budgeted expenditures in the 103 fund will not be exceeded this year. A project budget contingency of $2,405 remains in the 105 (Arterial/Collector Street Preservation) fund. A project budget contingency of $149,208 remains in the 430 (Water) fund. A project budget contingency of $11,792 remains in the 432 (Storm) fund. Reviewed by Council Committees: AUBURN * MORE THAN YOU IMAGINEDCA.E Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:August 15, 2011 Item Number:CA.E AUBURN * MORE THAN YOU IMAGINEDCA.E 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 103 Fund - Local Street Preservation 291,572 479,267 105 Fund - Arterial/Collector Street Preservation Fund 131,0136,000 430 Fund - Water 2,327310,700 432 Fund - Storm 2,49355,000 328 Fund - Traffic Signal Budget 18,500 Total 0427,405869,4670 Activity Prior Years 20102011 Future Years Design Engineer - City Costs*4,095 Construction Estimate 420,663498,086 Change Order No. 1 85,993 Change Order No. 2 75,000 Line Item Changes 37,698 Construction Engineering - City Costs*2,64712,550 Total 0427,405709,3270 * City staff costs are charged against the Engineering Budget and not the Project Budget, and are not shown here. Prior Years 20102011 Future Years **103 Funds Budgeted ( )0(291,572)(479,267)0 103 Funds Needed 0291,572482,6030 **103 Fund Project Contingency ( )0000 103 Funds Required 003,3360 Prior Years 20102011 Future Years **105 Funds Budgeted ( )0(131,013)(6,000)0 105 Funds Needed 0131,0133,5950 **105 Fund Project Contingency ( )00(2,405)0 105 Funds Required 0 0 0 0 Prior Years 20102011 Future Years **430 Funds Budgeted ( )0(2,327)(310,700)0 430 Funds Needed 02,327161,4200 **430 Fund Project Contingency ( )00(149,280)0 430 Funds Required 0 0 0 0 105 Arterial and Collector Preservation Budget Sta 430 Water Budget Status BUDGET STATUS SHEET 2010 Local Street Pavement Preservation Date: August 103 Local Street Preservation Budget Status The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.806.1.BudgetStatusSheet.xlsx 1 of 4CA.E 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 **432 Funds Budgeted ( )0(2,493)(55,000)0 432 Funds Needed 02,49343,2080 **432 Fund Project Contingency ( )00(11,792)0 432 Funds Required 0 0 0 0 328 Traffic Signal Budget Status Prior Years 20102011 Future Years **328 Funds Budgeted ( )0(18,500)0 328 Funds Needed 018,5000 **328 Fund Project Contingency ( )0000 328 Funds Required 0 0 0 0 ** ( # ) in the Budget Status Sections indicates Money the City has available. C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.806.1.BudgetStatusSheet.xlsx 2 of 4CA.E Total 770,839 137,013 313,027 57,493 18,500 1,296,872 Total 4,095 918,748 85,993 75,000 37,698 15,197 1,136,732 Total (770,839) 774,175 0 3,336 Total (137,013) 134,608 (2,405) 0 Total (313,027) 163,748 (149,280) 0 get Status August 8, 2011 Status C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.806.1.BudgetStatusSheet.xlsx 3 of 4CA.E Total (57,493) 45,701 (11,791) 0 Total (18,500) 18,500 0 0 C:\Program Files\Neevia.Com\Document Converter\temp\PDFConvert.806.1.BudgetStatusSheet.xlsx 4 of 4CA.E CA.E CA.E CA.E CA.E CA.E CA.E CA.E AGENDA BILL APPROVAL FORM Agenda Subject: Consultant Agreement AG-C-406 Date: August 10, 2011 Department: Planning and Development Attachments: Budget Status Sheet Vicinity Map Budget Impact: $63,000 Administrative Recommendation: City Council approve Consultant Agreement No. AG-C-406 with KPG, Inc., for design services for Project No. CP1115, NW City Hall Plaza Improvement. Background Summary: The City Council passed Resolution No. 4502 which authorized the use of local revitalization financing and authorized the submittal of applications to the Washington State Department of Revenue. On May 3, 2010, the City Council passed Ordinance No. 6305 which authorized the issuance of limited tax general obligation bonds a portion of which would fund downtown infrastructure improvements. As a result of the favorable bidding climate and project budget contingency, there is a remaining Local Revitalization Funds (LRF) balance of $1,076,000 that is not committed to other projects. At the May 24, 2011 Downtown Redevelopment Committee meeting, the Committee provided direction to staff on which projects would be accomplished with the LRF fund balance. One of those projects is remodeling the NW City Hall plaza entrance. The scope of the consultant agreement includes designing improvements that will be similar to the existing plaza improvements completed recently at the SE corner of City Hall, including possible sidewalk improvements, pavement improvements, ADA Ramp, possible lighting improvements, City Hall wall sign, and related site furnishings and landscape.. The consultant contract is anticipated to not exceed $63,000. O4.4.1 CP1115, A3.16.7 Reviewed by Council Committees: Downtown Redevelopment Councilmember:Norman Staff:Snyder Meeting Date:August 15, 2011 Item Number:CA.F AUBURN * MORE THAN YOU IMAGINEDCA.F AUBURN * MORE THAN YOU IMAGINEDCA.F Project No: CP1115 Project Title: Project Manager: Elizabeth Chamberlain Project Initiation Initiation Date: _________ Permision to Advertise Advertisement Date: ________ Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funding Prior Years 20112012 2013 Total 330 Local Revitalization Funds 93,977 93,977 328 Funds Transferred to 330 Fund 382,000 382,000 Total 093,977382,0000475,977 Activity Prior Years 20112012 2013 Total Design Engineering - City Costs 25,000 25,000 Design Engineering - Consultant Costs 63,000 63,000 Construction Estimate 291,800 291,800 Project Contingency (15%)43,770 43,770 Construction Engineering - City Costs 20,000 20,000 ConstructionEngineering-ConsultantCosts 15000 15000 Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) BUDGET STATUS SHEET North City Hall Plaza Improvement Date: July 5, 2011 The "Future Years" column indicates the projected amount to be requested in future budgets. Construction Engineering - Consultant Costs 15,000 15,000 Total 088,000370,5700458,570 Prior Years 20112012 2013 Total *330 Funds Budgeted ( )0(93,977)(382,000)0 (475,977) 330 Funds Needed 088,000370,5700 458,570 *330 Fund Project Contingency ( )0 (5,977)(11,430)0(17,407) 330 Funds Required 00000 * ( # ) in the Budget Status Sections indicates Money the City has available. 330 Local Revitalization Funds Budget Status E:\AGENDA\DRC\2011 DRC\8.09.11 DRC\Construction\BudgetStatusSheet North Plaza.xls1 of 1 CA.F Vicinity Map North City Hall Plaza Project  ASt r e e t SW So u t h Di v i s i o n St r e e t 1stStreetNE WestMainStreet Project Area CA.F AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6369 Date: August 9, 2011 Department: Planning and Development Attachments: Ordinance No. 6369 Environmental Checklist DNS Expeditied state review letter Budget Impact: $0 Administrative Recommendation: City Council introduce and adopt Ordinance No. 6369. Background Summary: Ordinance No. 6369 contains amendments to Chapters 18.04, 18.07 and 18.31 of the Auburn City Code for the purposes of allowing individuals to keep a variety of small animals as pets in the residential districts and in some commercial districts. The Planning and Community Development Committee initially discussed ideas and issues for the expansion of the pet definition at the April 25, 2011 meeting and gave staff direction to proceed with initial policy development. In May 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 June 7, 2011 and duly noticed public hearing on July 6, 2011. Following the close of the public hearing, the Planning Commission recommended to the City Council on a 5-0 vote with 2 member absent approval of the policy changes contained in the Ordinance. The Planning and Community Development Committee considered the Planning Commission's recommendation during the August 8, 2011 meeting and on a unanimous motion recommended approval of Ordinance No. 6369 to the City Council. City staff complete 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 21, 2011. The City also completed and submitted a 60 day review sent on June 17, 2011 to the Washington State Department of Commerce Growth Management Services Division in accordance with RCW 36.70A.106. O3.4.2.1.2 Reviewed by Council Committees: AUBURN * MORE THAN YOU IMAGINEDORD.A Finance, Planning And Community Development Other: Planning Commission; Legal Councilmember:Norman Staff:Snyder Meeting Date:August 15, 2011 Item Number:ORD.A AUBURN * MORE THAN YOU IMAGINEDORD.A ORDINANCE NO 6 36 9 AN ORDINANCE OF THECITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AMENDING SECTIONS 1804495 1807020 18 21010 AND 1821020 OF THE AUBURN CITY CODE AND CREATING NEW SECTIONS 1804325 1804622 1804742 1831210 AND 1831211 OF THE AUBURN CITY CODE FOR THE PURPOSE OF ALLOWING THE KEEPING OF CHICKENS MINIATURE GOATS AND POTBELLY PIGS AS PETS IN SOME RESIDENTIAL AND COMMERCIAL DISTRICTS IN THE CITY OF AUBURN WHEREAS there is interest in the keeping of chickens potbelly pigs and miniature goats as pets in some residential and commercial districts in the City of Auburn and WHEREAS the question of whether to allow individuals to keep chickens potbelly pigs and miniature goats as pets was raised by Staff to the Planning and Community Development Committee in April of 2010 and WHEREAS Staff gained further direction from the Planning and Community Development Committee at the May 9 2011 meeting and WHEREAS a Determination of NonSignificance was issued for the proposed amendments on June 21 2011 with no comments or appeals filed and WHEREAS pursuant to RCW 3670A106 the proposed zoning code amendments were sent to the Washington State Department of Commerce and other state agencies as required for an expedited review were received by Department of Commerce on June 17 2011 and WHEREAS Staff presented the proposed ordinance to the Planning Commission on June 7 2011 as a workshop and at the July 6 2011 meeting as a public hearing and Ordinance No 6369 August 11 2011 Page 1 of 14 ORD.A WHEREAS the Planning Commission recommended that the CityCouncil adopt the proposed ordinance amendments and WHEREAS the City Council finds that the proposed amendments to the Auburn City Code are in accordance with Section 3670A 130 RCW NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON DO ORDAIN as follows Section 1 Amendment to City Code That Section 1804495 of the Auburn City Code be and the same hereby is amended to read as follows 1804495 Household pet Household pet means a domesticated animal of ordinary species that lives or is commonly known to be capable of living within the confines of a residence Animals considered to be common household pets included but are not necessarily limited to the following dogs cats rabbits indoor birds small rodents and fish miniature goats potbelly pigs and domestic fowl Animals not considered to be common household pets include but are not necessarily limited to the following horses cows goats sheep hU swine donkeys full size swine and full size goats GhGkens endangered or exotic species and any similar species i 11 a Ord 6245 3 2009 Ord 5777 1 2003 Ord 4229 2 1987 Formerly 1804720 Section 2 Amendment to City Code That Section 1807020 of the Auburn City Code be and the same hereby is amended to read as follows 1807020 Uses Table 1807020 Permitted Use Table Residential Zoning Designations P Permitted A Administrative C Conditional Use X Not Permitted Land Uses Zoning Designations R R R R R R R C 1 6 7 10 16 20 Ordinance No 6369 August 11 2011 Page 2 of 14 ORD.A Table 1807020 Permitted Use Table Residential Zoning Designations P Permitted A Administrative C Conditional Use X Not Permitted Land Uses Zoning Designations R R R R R R R C 1 5 7 10 16 20 A Residential Uses Accessory dwelling units P P P P X X X Accessory use residential P P P P P P P Adult family home P P P P P P P Bed and breakfast P P P P P P P Boardinghouses with three or more boarders X X X X C C C Duplexes provided that minimum lot size of zoning designation is met and subject to compliance with Chapter 1825 ACC Infill X X A P P P X Residential Development Standards Foster care homes P P P P P P P Group residence facilities 7 or more residents X X X X C C C Group residence facilities 6 or fewer residents P P P P P P P Paz PatP2PazpatPazPaz Keeping household pets 4 Multiplefamily dwellings X X X X A P P Neighborhood recreational buildings and facilities owned and Azs A6 A79 As P P managed by the neighborhood homeowners association Renting of rooms for lodging purposesonly to accommodate not P P P P P P P more than two persons in additionto the immediate family Residential care facilities including butnot limited to assisted living P P X X A P P facilities convalescent homes continuing care retirement facilities Singlefamily detached dwellings new P P P P P P X Supportive housing subject to the provisions of ACC 1831160 X X X X X P P Swimming pools tennis courts and similar outdoor recreation uses P P P P EP P P only accessory to residential or park uses Ordinance No 6369 August 11 2011 Page 3 of 14 ORD.A Table 1807020 Permitted Use Table Residential Zoning Designations P Permitted A Administrative C Conditional Use X Not Permitted Land Uses Zoning Designations R R R R R R R C 1 5 7 10 16 20 Townhouses attached X X X X P P P B Commercial Uses Commercial horse riding and bridle trails A X X X X X X Commercial retail included as part of mixeduse development and X X X X A A A not a home occupation in compliance with Chapter 1860 ACC Daycare limitedto a mini daycare centerDaycare center preschool or nursery school may also be permitted but must be X A A A A A A located on an arterial Homebased daycare as regulated by RCW 3563185 and through P P P P P P P receipt of approved city business license Home occupations subject to compliance with Chapter 1860 ACC P P P P P P P Mixeduse development43 X X X X P P P Nursing homes X X X X C C C Private country clubs and golf courses excluding driving ranges X X C C C X X Privately owned and operated parks and playgrounds and not X A A A A P P homeowners associationowned recreational area Professional offices included as part of mineduse development X X X X A A A and not a home occupation in compliance with Chapter 1860 ACC C Resource Uses Agricultural type uses are permitted provided they are incidental and secondary to the singlefamily use Agricultural crops and open field growing commercial P X X X X X X Barns silos and related structures P X X X X X X Commercial greenhouses P X X X X X X R 42 X X X X X Ordinance No 6369 August 11 2011 Page 4 of 14 ORD.A Table 1807020 Permitted Use Table Residential Zoning Designations P Permitted A Administrative C Conditional Use X Not Permitted Land Uses Zoning Designations R R R R R R R C 1 5 7 10 16 20 provided that there shall not be merethan one horse bow doFkey 6AMitinmtotheMinim Pasturing and grazing a P X X X X X X Public and private stables a P X X X X X X Roadside stands for the sale of agricultural products raised on the premises The standcannot exceed 300 square feet in area and P X X X X X X must meet the applicable setback requirements Fish hatcheries C X X X X X rx D Government Institutional and Utility Uses Civic social and fraternal clubs X FX7 X X A A A Government facilities A A A A A A A Hospitals except animal hospitals X X X X X C C Municipal parks and playgrounds A P P P P P P Museums X X X X A A A Religious institutions less than one acre lot size A A A A A A A Religious institutions one acre or larger Iotsize C C C C C C C Transmitting towers C C C C C C C Type 1D Wireless Communication Facility see ACC 1804912J P P P P P P P Utility facilities and substations C 65 C 65 C 65 G65 C65 C65 C65 1 An accessory dwelling unit may be permitted with an existing singlefamily residence pursuant to ACC 1831120 2 petsPlease see the supplemental development standards foranimals inSection 1831210 ACC Ordinance No 6369 August 11 2011 j Page 5 of 14 ORD.A 3 Nip mnre than fOUr Pet6 allowed the R R20 ones T his limit r0hall not inGlude birds fiGh OF GUGkliRg young of pets 4 Individual uses that make up a mixeduse development must be permitted within the zone If a use making up part of a mixeduse development requires an administrative or conditional use permit the individual use must apply for and receive the administrative or conditional useapproval as applicable 54 Proximity of pasture or livestock roaming area to wells surface waters and aquifer recharge zones is regulated by the King or Pierce County board of health and property owners shall comply with the provisions of the King County board of health code 65 Excludes all public and private utility facilities addressed under ACC 1802040E 76 Administrative use permit not required when approved as part of a subdivision or binding site plan Ord 6269 3 2009 Ord 6245 5 2009 Section 3 Amendment to City Code That Section 1821010 ofthe Auburn City Code be and the same hereby is amended to read as follows 1821010 Lea Hill overlay A Purpose The purpose of this section is to provide for additional development standards to address the area commonly referred to as the Lea Hill annexation areaasannexed under city of Auburn Ordinance Nos 5346 and 6121 and identified on thecity of Auburn comprehensive zoning map While the intent is that the development standards for zones in the Lea Hill annexation area will be similar to if not the same as corresponding zones in other areas of the city some variations are needed to recognize previous development allowed by King County zoning Unless otherwise provided for in this section all other provisions and requirements of this title shall apply to properties Within the Lea Hill overlay B Development Standards Lots Previously Approved 1 For any residential lot that had received final plat approval final short plat approval or preliminary plat approval or that King County had received and determined the application complete fora preliminary plat or short plat prior to the effective date of annexation into the city of Auburn the development standards in the following table shall apply The property ownerapplicant shall be responsible to provide to the city evidence of these previous approvals 2 Any further subdivision of any lot and its subsequent use must conform to the permitted uses and standards referenced in the applicable zoning chapters of this title exceptas modified by this section For farm animals subsection E of this section or I subsection 1831210 shall apply Min Setbacks Building Height Min Lot Min Lot Area Max Lot SideLotSide Zone Area Sq Coverage Front Rear Main Accessory Width Interior Street Sq Ft Ft Ft Ft Ft Ft Ft Ft Ft per Unit R1 r8000 NA 35 35 20 5 5 10 35 35 Ordinance No 6369 August 11 2011 Page 6 of 14 ORD.A Min Setbacks Building Height Min Lot Min Lot Area Max Lot Zone Area Sq Lot Coverage Front Rear Side Side Main AccessoryWidthoInteriorStreet Sq Ft Ft o Ft Ft Ft Ft Ft Ft Ft per Unit R5 2500 NA 30 35 10 5 5 10 35 16 R7 2500 6000 30 35 10 5 5 10 35 16 R10 2500 4300 30 40 10 5 5 10 35 35 R16 21500 2700 30 55 10 5 5 10 35 35 R20 2500 2175 30 55 10 5 5 10 35 35 Garages and other similar structures with a vehicular access require a 20foot setback from any street C Prior King County Approvals The city of Auburn will recognize the terms of any King Countyapproved plat PUP conditional use permit contract rezone or similar contractual obligations that may have been approved prior to the effective date of the annexation of the subject property The conditions of any project that was approved by King Countyshallbe required to be fulfilled in the city of Auburn D Planning Director Authorization The planning director shall be authorized to interpret the language of any King County permit plat or condition thereof and effectuate the implementation of same to the fullest extent possible If there is a conflict between a previous King County approval and the Auburn regulation then the most restrictive provision shall apply as determined bythe planningdirector E Farm Animals 1 For properties greater than an acre 4nin the R1 R5 and R7 zones it is permissible to keep farm animals excluding goats and swine in the R5 and R7 zones provided there shall not be more than one horse cow donkey or other similar large animal or four small animals such as sheep or 12 poultry rabbits or similar size animals per each acre of enclosed usable pasture or roaming area This acreage requirement is in addition to the minimum lot size requirements of the zonePropertyownersofmorethananacreintheLeaHillOverlaymaychoosetoapplythese standards or the standards in subsection 1831210 2 Shelters provided for farm animals shall be constructed no closer than 50 feet from any adjoining lot and shall be 100 feet from any public street or alley Any corral exercise yard or arena shall maintain a distance of 35 feet from any property line This excludes pasture area 3 For those properties that do not meet the requirements of subsection E1 of this section and farm animals were present prior to annexation the farm Ordinance No 6369 August 11 2011 Page 7 of 14 ORD.A animals may remain as legal nonconforming uses In such case the number of farm animals allowed may be the same as what the county zoning provisions had allowed prior to the effective date of the annexation of the subject property F Lot Averaging R1 Zone It may bepossible to subdivide land in the R1 zone into lots smaller than 35000 square feet if the property has a significant amount of nonbuildable land due to steep slopes wetlands or similar features that would be in the publics best interest to maintain The following regulations shall apply in situations where lot averaging is permitted or required 1 At least 50 percent of the subdivision must be set aside as open space Critical areas ie steep slopes wetlands can count towards the 50 percent requirement Maintenance of the open space tract or easement shall be the responsibility of the property owner andor a homeowners association 2 The number of allowable lots in a subdivision shall be determined by multiplying the total number of acres in the subdivision by one Any fraction shall be rounded to the nearest whole number with onehalf being rounded up 3 The minimum size of any lot shall be 8000 square feet For lots less than 35000 square feet the minimum lot width shall be consistent with the requirements of the R5 zone Chapter 1807 ACC All other applicable development standards related to the R1 zone will continue to apply 4 Lots within the subdivision shall be clustered so as to provide for continuity of open spacewithin the subdivision and where possible with adjoining parcels 5 Each lot within a subdivision shall illustrate a building areawithin which the house accessory structures and parking areas shall be constructed The building area shall be exclusive of setbacks nonbuildable areas or any required buffers from the nonbuildable areas Any preliminary plat final plat or short plat shall illustrate the building area for each lot Any futureconstruction will be limited to the identified building area 6 A native growth protection easement or similar device which may include provisions for the limited removal of vegetation and passive use of the easement that perpetually protects the nonbuildable areas must be recorded with the final plat or short plat Ord 6245 13 2009 Section 4 Amendment to City Code That Section 1821020 of the Auburn City Code be and the same hereby is amended to read as follows 1821020 West Hill overlay A Purpose The purpose of this section is to provide for additional development standards to address the area commonly referred to as the West Hill annexation area as annexed under city of Auburn Ordinance No 6122 and identified on the city of Auburn comprehensive zoning map While the intent is that the development standards for zones in the West Hill annexation area will be similar to if not the same as corresponding zones in other areas of the city some variations are needed to recognize previous development allowed by King County zoning Unless otherwise Ordinance No 6369 August 11 2011 Page 8 of 14 ORD.A provided for in this section all other provisions and requirements of this title shall apply to properties within the West Hill overlay B Development Standards Lots Previously Approved 1 For any residential lot that had received final plat approval final short plat approval preliminary plat approval or that King County had received and determined the application complete for a preliminary plat or short plat prior to the effective date of annexation the development standards in the following table shall apply The property ownerapplicant shall be responsible to provide evidence of these previous approvalsdecisions 2 Any further subdivision of any lot and its subsequent use must conform to the permitted uses and standards referenced in the applicable zoning chapters of this title except as modified bythis section For farm animals subsection E of this section or I subsection 1831210 shall apply Min Setbacks Building Height Min Lot Min Lot Area Max Lot Lot Covera a Side Side Zone Area Sq g Front Rear Accessory Width Interior Street Main Sq Ft Ft N Ft Ft Ft Ft Ft Ft Ft per Unit R1 8000 NA 35 35 20 5 5 10 35 35 R5 2500 NA 30 35 10 5 5 10 35 16 R7 2500 6000 30 35 10 5 5 10 35 16 Garages and other similar structures with a vehicular access require a 20foot setback from any street C Prior King County Approvals The city of Auburn will recognize the terms of any King Countyapproved plat PUD conditional use permit contract rezone or similar contractual obligations that may have been approved prior to the effective date of the annexation of the subject property The conditions of any project that was approved by King County shall berequired to be fulfilled in the city of Auburn D Planning Director Authorization The planning director shall be authorized to interpret the language of any King County permit plat or condition thereof and effectuate the implementation of same to the fullest extent possible If there is a conflict between a previous King County approval and the Auburn regulation then the most restrictive provision shall apply as determined bythe planning director E Farm Animals 1 For properties greater than an acre Inin the R1 R5 and R7 zones within the West Hill overlay it is permissible to keep farm animals excluding goats and swine in the R5 and R7 zones provided there shall not be more than one horse Ordinance No 6369 August 11 2011 Page 9 of 14 ORD.A cow donkey or other similar large animal or four small animals such as sheep or 12 poultry rabbits or similar size animals per each acre of enclosed usable pasture or roaming area This acreage requirement is in addition to the minimum lot size requirements of the applicable zone Propely owners of more than an acre in the West Hill Overlay district may choose to apply these standards or the standards in subsection 1831210 2 Shelters provided for farm animals shall be constructed no closer than 50 feet from any adjoining lot and no closer than 100 feet from any public street or alley Any corral exercise yard or arena shall maintain a distance of 35 feet from any property line This excludes pasture areas 3 For those properties that do not meet the requirements of subsection E1 of this section and farm animals were present prior to annexation the farm animals may remain as legal nonconforming uses In such case the number of farm animals allowed may be the same as what the county zoning provisions had allowed prior to the effective date of the annexation of the subject property Ord 6245 13 2009 Section 5 Creation of New Section to City Code Domestic Fowl That a New Section 1804325 of the Auburn City Code be and the same hereby is created to read as follows 1804325 Domestic fowl Domestic fowl includes all species of chickens turkeys geese and ducks Section 6 Creation of New Section to City Code Miniature Goats That a New Section 1804622 of the Auburn City Code be and the same hereby is created to read as follows 1804622 Miniature goat Miniature goats include species of goats commonly known as Pygmy Capra hircus hircus pygmy or Nigerian Dwarf Capra hircus hircus nigerian dwarf and Miniature Goats Section 7 Creation of New Section to City Code Potbelly Pig That a New Section 1831210 of the Auburn City Code be and the same hereby is created to read as follows Ordinance No 6369 August 11 2011 Page 10 of 14 ORD.A 1804742 Potbelly pig Miniature potbelly pigs are that type of swine commonly known as Vietnamese Chinese or Asian Potbelly Pig Sus scrofa bittatus Section 8 Creation of New Section to City Code Permitted animals That Section 1831210 of the Auburn City Code be and the same hereby is created to read as follows 1831210 Permitted animals A Domestic fowl Domestic fowl may be kept as small animals if the owner complies with the following 1 Roosters are not permitted 2 Structures housing domestic fowl must comply with accessory structure setbacks applicable in the zoning district where the shelter is to be located 3 Up to 4 domestic fowl can be kept on lots thatare at least 6000 gross squarefeet in size On lotsthatare larger than 6000 grosssquare feet 1 additional small lot domestic animal may be kept per additional 2000 gross square feet as shown in chart 1831211 4 Please reference section 828010 regarding noise section 812020 regarding nuisances and section 624020regardingslaughtering B Miniature Goats Miniature goats may be keptas small animals if they are licensed as follows 1 Male miniature goats must be neutered 2 All miniature goats must be dehorned 3 Nursing offspringof miniaturegoats licensed according to the provisions of this Code may be kept until weaned but no longer than 12 weeks from birth 4 Shelter location must comply with accessory structure setbacks applicable in the zoning district where the shelter is to be located 5 Licensingmust be done in accordance with Auburn City Code Title 6 Animal Control which incorporates the provisions of King County Code Title11 Animal Care and Control 6 Up to 2 miniature goats are allowed on lots that are at least 12500 gross squarefeet in size On lots that are greater than 12500 gross square feet 1 additional medium size domestic animal may be kept per additional7500 gross square feet as shown in Table 1831211 7 Please reference section 828010 regarding noise section 812020 regarding nuisances and section 624020 regarding slaughtering C Potbelly pigs Miniature potbelly pigs may be kept as a small animal provided that no swine that is greater than 22 inches in height at the shoulder or more than 150 pounds in weight may be kept in the city Ordinance No 6369 August 11 2011 Page 11 of 14 ORD.A 1 Nursing offspring of potbelly pigs licensed according to the provisions of this Code may be keptuntil weaned but no longer than 12 weeksfrom birth 2 Shelter location must comply with accessory structure setbacks applicable in the zoning district where the shelter istobe located 3 Licensing must be done in accordance with Auburn City Code Title 6 Animal Control which incorporates the provisions of Kiang County Code Title 11 Animal Care and Control 4 2 potbelly pigs can be kept on lots that are at least 12500 gross square feet in size On lots that are greater than 12500 gross square feet 1 additional medium size domestic animal may be kept peradditional 7500 gross square feet as shown in chart 1831211 5 Please reference section 828010 regarding noise section 812020 regarding nuisances and section 624020 regarding slaughtering Section 9 Creation of New Section to City Code Table of Allowed districts That a New Section 1831211 of the Auburn City Code be and the same hereby is created to read as follows 1831211 Table of Allowed districts The allowable numbers of animals permitted outright provided the minimum lot size is met are detailed in the following table The specified minimum lot sizes are absolute requirements No variances waivers andor modifications under the Auburn City Code may be granted The keeping of animals that require lesser lot size is allowed to be cumulative when lotsize requirements have been met Licensing of pets and animal control is governed by Auburn City Code Title 6 Animal Control which incorporates the provisions of King County Code Title 11 Animal Care and Control RC R1 R5 R7 R10 R16 R20 RO C1 C2 C3 GOATS Y Y Y Y C C C N N N Y PIGS Y Y Y Y C C C N N N Y 77111ENS Y Y Y Y C C C N N N Y Y YES N NO C CONDITIONAL Permitted as an outright use if more than 50 of the property is not covered with impervious surface If the property is more than 50 covered with impervious surface Ordinance No 6369 August 11 2011 Page 12 of 14 ORD.A then the applicant must apply for an administrative use permit pursuant to section 1864 These applications will not be processed as conditional use permits Maximum Number of Animals Permitted Type of Animal Outright Household Pets dogs cats rabbits 4 per dwelling or commercial building caged indoor birds small rodents and regardless of lot size A pet license is if weighing less than 10 pounds any required for each cat or dog nonvenomous reptiles and amphibians Domestic Fowl 4on lots that are at least 6000 gross sq ft in size On lots that are larger than 6000 grosssq ft 1 additional small lot domestic animal may be kept per additional 2000 gross sq ft Medium size animals pot belly pigs 2 on lots that are at least 12500 gross sq and miniature goats that are smaller ft in size On lots that are greater than than 24 inches at the shoulder andor 12500 gross sq ft 1 additional medium lot not more than 150 pounds in weight domestic animal may bekept per additional 7500 gross sq ft Large size animals horses ponies 2 on lots that are at least 1 gross acre in donkeys cows standard size goats size On lots that are larger than 1 gross llamas oxen standard size pigs acre 1 additional large lot domestic animal may be kept per additional 21780 sq ft Includes foster animals Section 5 Implementation The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation Section 6 Severability The provisions of this ordinance are declared to be separate and severable The invalidity of any clause sentence paragraph subdivision section or portion of this ordinance or the invalidity of the application thereof to any Ordinance No 6369 August 11 2011 Page 13 of 14 ORD.A person or circumstance shall not affect the validity of the remainder of this ordinance or the validity of its application to other persons or circumstances Section 7 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 APP VED AS TO FORM iel B Hei City Attorne Published Ordinance No 6369 August 11 2011 Page 14 of 14 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: Ordinance No. 6371 Date: August 9, 2011 Department: Planning and Development Attachments: Ordinance No. 6371 Budget Impact: $0 Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6371. Background Summary: On June 16, 2008 the Auburn City Council passed Ordinance No. 6183 which amended the City's Comprehensive plan (map and text), zoning (map and text) and included the adoption of a sub-area plan related to the development of the Auburn Gateway Project at the Valley 6 Theater site and surrounding properties by Robertson Properties Group (RPG). The zoning and comprehensive plan approvals have been extended three times (Ordinance No. 6219 extending to August 31 2009; Ordinance No. 6259 extending to August 31, 2010 and Ordinance No. 6321 extending to August 31, 2011.) The continued effectiveness of Ordinance No. 6321 expires on August 31, 2011 unless the City Council authorizes an additional extension. The comprehensive plan and zoning designations currently applied to the Auburn Gateway Project are conditioned upon the successful execution of a development agreement between the City and Robertson Properties Group. These designations do not become permanent until the City Council conducts a public hearing and approves the development agreement. Planning & Development, Public Works and Legal Department staff has been actively working with RPG to complete required studies, negotiations and documentation in order to provide the City Council with substantive policy making opportunities that would facilitate the phased development of the Auburn Gateway Project. There has been significant progress on the part of the City and RPG since the Council's last extension authorization and staff is requesting Council authorization for a limited extension (maximum of four months - December 30, 2011) of the conditional comprehensive plan and zoning designations for the Auburn Gateway Project. This limited extension will provide the City Council, staff and RPG adequate opportunity complete negotiations, documentation and substantive policy making. AUBURN * MORE THAN YOU IMAGINEDORD.B The PCD Committee had an introductory discussion of Ordinance No. 6371 at its July 25, 2011. The PW committee had an introductory discussion of Ordinance No. 6371 at its August 1, 2011 meeting. At its August 8, 2011 meeting, the PCD committee forwarded Ordinance No. 6371 for council consideration and it was discussed at the Municipal Services Committee on August 8, 2011 and it was discussed at the Public Works Committee on August 15, 2011. O3.4.2.1.2 Reviewed by Council Committees: Planning And Community Development, Public Works Other: Legal Councilmember:Norman Staff:Snyder Meeting Date:August 15, 2011 Item Number:ORD.B AUBURN * MORE THAN YOU IMAGINEDORD.B ORDINANCE NO 6371 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AMENDING ORDINANCE NO 6321 TO EXTEND THE EFFECTIVE DATE WHEREAS on June 16 2008 the Auburn City Council passed Ordinance No 6183 which amended the Citys Comprehensive Plan map and text amendments zoning map and text amendments and included the adoption of a subarea plan related to the development of the Auburn Gateway Project by Robertson Properties Group RPG the Project Proponents and WHEREAS on December 1 2008 the City Council passed Ordinance No 6219 extending the effective date of Ordinance No 6183 until August 31 2009 and WHEREAS on August 17 2009 the City Council passed Ordinance No 6259 extending the effective date of Ordinance No 6219 until August 31 2010 and WHEREAS on August 16 2010 the City Council passed Ordinance No 6321 extending the effective date of Ordinance No 6259 until August 31 2011 and WHEREAS the City staff and the Project Proponents have conducted substantive negotiations for the Development Agreement required by the Ordinance such that it is ready to be presented to the City Council have substantively completed an Environmental Impact Statement addendum necessitated by the Proponents inclusion of additional properties within the Ordinance No 6371 August 1 2011 Page 1 of 4 ORD.B project area and necessitated by changes in circumstances over the intervening time and have begun the process of seeking approval of the Development Agreement and its associated Planned Action Ordinance through the City Council and WHEREAS staff believes that a limited extension ofthe deadline for entering into a Development Agreement contained in Ordinance No 6321 is necessary for the City and the Proponent to complete all agreements tasks and legislative approval processes required of both parties to the Development Agreement and as such recommends said extension occur through December 30 2011 NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON HEREBY RESOLVES AS FOLLOWS Section 1 Section 1 of Ordinance No 6321 amending Ordinance No 6259 which amended Section 1 of Ordinance No 6219 which amended Section 13 of Ordinance No 6183 is amended to read as follows Section 13 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 provided that his ordinance shall not take effect unless the City and RPG executed a development agreement for the Auburn Gateway Project by ugust 31 2011 December 30 2011 Section 2 Code provisions renumbered The Code Reviser is authorized and directed to renumber the provisions of Ordinance 6183 as amended that are to be codified from 1831 to 1839 Ordinance No 6371 August 1 2011 Page 2 of 4 ORD.B Section 3 Code Amended Ordinance No 6183 and City Code Chapter 1839 is amended by adding a new section to read as follows 1839060 Sunset provision The provisions of this Chapter shall automatically sunset with no further action of the City Council required fifteen 15 years after the execution date of the Development Agreement if the Development Agreement between the City and Auburn Properties or its successors is terminated before the expiration date set forth in the Development Agreement Section4 Implementation The Mayor is hereby authorized to implement suchadministrative procedures as may be necessary to carry out the directions of this legislation Section 5 Constitutionality or Invalidity If any section subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remainingportions of this Ordinance as it is being hereby expressly declared that this Ordinance and each section subsection sentence clause and phrase hereof would have been prepared proposed adopted and approved and ratified irrespective of the fact that any one or more section subsection sentence clause or phrase be declared invalid or unconstitutional Section 6 Recordation Upon the passage approval and publication of this Ordinanceas provided by law the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Records Elections and Licensing Services Division Ordinance No 6371 August 12011 Page 3 of 4 ORD.B Section 7 Effective Date This ordinance shall take effect and be in force five 5 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 APPR ED A O FORM D ni B Heid City Attorney Published Ordinance No 6371 August 1 2011 Page 4 of 4 ORD.B AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6372 Date: August 9, 2011 Department: Planning and Development Attachments: Ordinance No. 6372 Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council introduce and adopt Ordinance No. 6372. Background Summary: Ordinance No. 6372 proposes to change the surface parking lot located at the SE corner of A Street NW and 1st Street NW from City employee parking to 3-hour public parking. Attached is a vicinity map showing the parking lot location. The primary purpose for a modification to this surface parking lot is to provide additional public parking in the vicinity of city hall for customers to city offices as well as for customers to downtown businesses. With this proposed parking change, there remains sufficient parking for City employees within the parking garage located at the NE corner of A Street NW and 1st Street NW and the surface parking lot located at the NW corner of A Street NW and 1st Street NW. There are 39 employee parking spaces in the "Mel's Lot" and 94 parking spaces in the parking garage giving a total of 133 employee parking spaces. Appropriate signage will be installed notifying the public that the parking lot is available for 3-hour Public Parking Monday-Friday and open parking on weekends. O1.2 Reviewed by Council Committees: Planning And Community Development, Public Works Other: Legal Councilmember:Norman Staff:Snyder Meeting Date:August 15, 2011 Item Number:ORD.C AUBURN * MORE THAN YOU IMAGINEDORD.C ORDINANCE NO 63 7 2 AN ORDINANCE OF THECITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AMENDING CHAPTER 1040 OF THE AUBURN CITY CODE FOR THE PURPOSE OF MODIFYING THE AUTHORIZATION AND LOCATION FOR THREE HOUR NONMETERED PARKING FACILI TIES IN THE DOWNTOWN AREA OF AUBURN WHEREAS Chapter 1040 ofthe Auburn City Code establishes standards pro cedures locations and penalties for the operation of municipal offstreet parking facili ties and WHEREAS Section 1040020 of the Auburn City Code identifies and establish es specific locations for three hour nonmetered parking facilities unless otherwise post ed and further identifies that 11 A Street NW Parcel No 7816200100 is an employee parking facility and WHEREAS Section 1040035 of the Auburn City Code establishes Auburn city vehicle parking and Auburn city employee permit parking facilities inclusive of 11 A Street NW and WHEREAS in the last several years additional parking facilities for city employee parking have been constructed and WHEREAS the City Council finds that that there is a need for additional three hour nonmetered parking to support local business activity and WHEREAS the City Council has determined that this additional parking need can be met by converting the existing city employee parking designation for 11 A Street NW to threehour nonmetered parking and that this conversion is in the public interest Ordinance No 6372 August 3 2011 Page 1 of 5 ORD.C NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASH INGTON DO ORDAIN as follows Section 1 Amendment to City Code That Section 1040020 of the Auburn City Code be and the same hereby is amended by creating and adding the following Sections of the City Code to read as follows 1040020 Municipal offstreet parking facilities A Unless posted otherwise or as otherwise indicated in ACC 1040035 or in this or anothersection ofthe city code the municipal offstreet parking facilities operated by the city listed hereinbelow are established as threehour nonmetered parking zones which threehour parking limitation shall exist from 9 OOam to 600 pm daily excluding Sundays and holidays 1 110 A Street NW parcel number 0492000370 2 115 A Street NW parcel number 0492000461 employee parking 3 11 A Street NW parcel number7816200100 empleyee can 4 36 W Main Street parcel number 7815700115 51 First Street NE parcel number 04292000595 6 110 Second Street SWparcel number 7815700815 Auburn Station parking garage 7 21 S Division Street parcel number 7815700135 8 180 First Street NE parcel number 0483000080 9 137 E Main Street parcel number 0489000040 10 7 B Street SE parcel number 733140135 11 359 E Main Street parcel number0489000005 12 222 A Street SW parcel number 0492000115 Ordinance No 6372 August 3 2011 Page 2 of 5 ORD.C 13 23 A Street SW parcel number 7815700170 It is provided however that parking at 23 A Street SW shall be shortterm 15minute parking between the hours of 500 am to 900 am and 500 pm to 630 pm Monday through Friday B Unless posted otherwise or as otherwise indicated in ACC 1040035 or in this or another section of the city code the municipal offstreet parking facilities operated by the city listed hereinbelow are established as twohour nonmetered parking zones which twohour parking limitation shall exist from 700 am to 600 pm daily excluding Saturdays Sundays and holidays 340 E Main Street parcel numbers 7331400460 7331400485 7331400486 7331400500 and 7331400510 Auburn Justice Center provided that vehicles with daily stamped parking passes issued by the Auburn municipal court or the police department may park for longer than two hours C The Auburn police chief is herewith granted subject to the approval of the mayor authority to declare parking moratoriums on parking lots where he finds such moratoria in the best interest of the citizens of Auburn During such moratoria the Auburn police chief is further granted subject to the approval ofthe mayor authority to declare restrictions on parking and uses for such parking to control parking and vehicular traffic within the city Ord 5857 1 2004 Ord 5740 2 2003 Ord 5111 2 1998 Ord 4603 2 1993 Ord 4055 1 1985 Ord 3748 2 1982 1957 code 926010 Section 2 Amendment to City Code That Section 1040035 of the Auburn City Code be and the same hereby is amended by creating and adding the following Sections of the City Code to read as follows 1040035 Auburn city vehicle parking and Auburn city employee permit parking established A Parking for Auburn city vehicles and permit parking for Auburn city employees is established at the following locations A StFeets Northwest 11 A StFeet NeFthwesw 1 2L The leased lot at 222 A Street Northwest off of Third Street Northwest 2 3 The municipal offstreet parking lot located at 115 A Street Northwest Ordinance No 6372 August 3 2011 Page 3 of 5 ORD.C 3 4 The parking lot at 120 124 and 128 A Street Northwest B The lots included in subsection A of this section shall be posted with signs reading Parking by Permit Only Monday through Friday 700 am to 600 pm Others Impounded and Free Unlimited Parking Evenings Weekends and Holidays C Parking for Auburn city vehicles and permit parking for Auburn city employees which is not available for Free Unlimited Parking Evenings Weekends and Holidays is established at the following locations 1 20 D Street Southeast parcel number 8698100030 2 102 D Street Southeast parcel number 8698100040 3 26 D Street Southeast parcel number 8698100035 D Parking spaces exclusively for assigned city vehicle parking on municipal offstreet parking lots shall be marked by the traffic engineer at the direction ofthe mayor Ord 5872 1 2004 Ord 5857 3 2004 Ord 5730 1 2003 Ord 5653 1 2002 Ord 5111 2 1998 Ord 4977 1 1997 Ord 4360 2 1989 Ord 3711 2 1982 Section 3 Implementation The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation Section 4 Severability The provisions of this ordinance are declared to be separate and severable The invalidity of any clause sentence paragraph subdivision section or portion of this ordinance or the invalidity of the application thereof to any per son or circumstance shall not affect the validity of the remainder of this ordinance or the validity of its application to other persons or circumstances Section 5 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 Ordinance No 6372 August 3 2011 Page 4 of 5 ORD.C INTRODUCED PASSED APPROVED CITY OF AUBURN PETER B LEWIS MAYOR ATTEST Danielle E Daskam City Clerk APP ED AS TO FOR Daniel B He ity Attorney Published Ordinance No 6372 August 3 2011 Page 5 of 5 ORD.C Employee Parking to 3-Hour Public Parking Printed Date: Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map Created by City of Auburn eGIS 8/3/2011 ORD.C AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6374 Date: August 10, 2011 Department: Public Works Attachments: Ordinance No. 6374 Budget Impact: $0 Administrative Recommendation: City Council introduce and adopt Ordinance No. 6374. Background Summary: The current provisions of the Auburn City Code provide for not less than seven members on the Citizen's Committee for Transportation, Transit and Trails. There are currently eight members who serve on the committee. There are people who are interested in serving on the committee who would be able to contribute to the purposes of the committee and it is advantageous to have an identified "odd " number of members on the committee so that tie votes would be less frequent. Ordinance No. 6374 amends committee membership from seven to nine members. A3.8.26 Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:August 15, 2011 Item Number:ORD.D AUBURN * MORE THAN YOU IMAGINEDORD.D ORDINANCE NO6 3 7 4 i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AMENDING SECTION 294020 OF THE AUBURN CITY CODE RELATING TO THE CITIZENS COMMITTEE FOR TRANSPORTATION TRANSIT AND TRAILS WHEREAS the current provisions of the Auburn City Code provide for not less than seven members on the Citizens Committee for Transportation Transit and Trails and WHEREAS there are currently eight members who served on the committee and WHEREAS there are people who are interested in serving on the committee who would be able to contribute to the purposes of the committee and WHEREAS it is advantageous to have an identified odd number of members on the committee so that tie votes would be less frequent NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON DO ORDAIN as follows Section 1 Amendmentto City Code That section 294020 of the Auburn City Code be and the same hereby is amended to read as follows 294020 Membership There shall be not less than snine members of the committee who shall be appointed by the mayor and confirmed by the city council and who shall serve at the pleasure of the city council The members shall be residents of the city Ord 6171 1 2008 Ord 6158 1 2008 Ordinance No 6374 August 9 2011 Page 1 of 2 ORD.D Section 2 Implementation The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation Section 3 Severability The provisions of this ordinance are i declared to be separate and severable The invalidity of any clause sentence paragraph subdivision section or portion of this ordinance or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance or the validity of its application to other persons or circumstances Section 4 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 a CITY OF AUBURN PETER B LEWIS MAYOR I ATTEST P Danielle E Daskam City Clerk AP VE FO i ity A Zory I Published Ordinance No 6374 August 9 2011 Page 2 of 2 ORD.D AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6375 Date: August 11, 2011 Department: Planning and Development Attachments: Ordinance No. 6375 Hearing Examiner Recommendation Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 17 Budget Impact: $0 Administrative Recommendation: City Council introduce and adopt Ordinance No. 6375 Background Summary: The applicant proposes to construct a new 65,000 square foot single story building that will be for Green River Community College (GRCC) trades classes such as carpentry, automobile repair, and welding. The subject site is approximately 9 acres and located at the intersection of SE 320th Street and 124th Avenue SE. The site is currently developed as a public park that includes baseball fields, tennis courts, and playground. A rezone is required for the proposed Trades Building to allow for the proposed uses on the subject property. The subject site is currently zoned R-5 (5 du/acre) and the proposal is to rezone the subject site to Institutional. The comprehensive plan land use designation for the subject site is Public/Quasi-Public. O3.8 REZ10-0001 Reviewed by Council Committees: Councilmember:Norman Staff:Snyder Meeting Date:August 15, 2011 Item Number:ORD.E AUBURN * MORE THAN YOU IMAGINEDORD.E ORDINANCE NO 6 3 7 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON APPROVING THE REQUEST OF GREEN RIVER COMMUNITY COLLEGE FOR A REZONE FROM R5 RESIDENTIAL 5 DUACRE TO I INSTITUTIONAL TO IMPLEMENT THE COMPREHENSIVE PLAN AND AMENDING THE CITYS ZONING MAPS ACCORDINGLY WHEREAS the City of Auburn on August 18 1986 adopted a Comprehensive Plan by Resolution No 1703 whichincludes a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City and WHEREAS on April 17 1995 the City of Auburn adopted Comprehensive Plan Amendments by Resolution No 2635 to comply with the Washington StateGrowth Management Act and WHEREAS the City of Auburn on September 5 1995 reaffirmed that action by Ordinance No 4788 and WHEREAS Green River Community College the applicant submitted a rezone application for the Green River Community College Trades Project rezone on September 13 2010 for tax parcel 0921059020 and WHEREAS the environmental impacts of proposed rezone were considered in accordance with procedures of the State Environmental Policy Act and WHEREAS after proper notice published in the Citys official newspaper at least ten 10 days prior to the date of hearing the City of Auburn Hearing Examiner on July 20 2011 conducted a public hearing on the proposed Green River Community College Trades Project Rezone and Ordinance No 6375 August 10 2011 Page 1 ORD.E WHEREAS at the public hearing the City ofAuburn Hearing Examiner heard public testimony and took evidence and exhibits into consideration and WHEREAS thereafter the City of Auburn Hearing Examiner made a recommendation to the City Council on the proposed GreenRiver Community College Trades Project Rezone and WHEREAS on August 15 2011 the Auburn City Council considered the proposed Green River Community College Trades Project Rezone as recommended by the City of Auburn Hearing Examiner and NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON DO ORDAIN AS FOLLOWS Section 1 The City Council Council adopts and approves the Green River Community College Trades Project Rezone from R5 Residential 5duacre to I Institutional and directs that the rezone application and all related documents be filed along with this Ordinance with the Auburn City Clerk and be available for public inspection Section 2 The Zoning Map amendment is herewith designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act by the Citys responsible environmental official in accordance with RCW 4321C060 Section 3 The Council adopts the Findings of Fact and Conclusions of Law in the Hearing Examiners recommendation outlined below Ordinance No 6375 August 10 2011 Page 2 ORD.E FINDINGS OF FACT Procedural 1 Applicant The applicant is Green River Community College 2 Hearing The Hearing Examiner conducted a hearing on the application at 530 pm at Auburn City Hall in the Council Chambers on July 20 2011 Substantive 3 SiteProposal Description The applicant has requested a rezone to change approximately 9 acres from R5 Residential to Institutional at the intersection of SE 320th Street and 124th Avenue SE The comprehensive plan designation is PublicQuasiPublic TheInstitutional zoning designation is consistent with the uses contemplated in the comprehensive plans QuasiPublic use designation The applicant GreenRiver Community College College proposes to construct a new 65000 square foot Trades and IndustryBuilding Trades Project that will house courses in carpentry automobile repair and welding The existing Trades and Industry programs are housed in functionally obsolete space on themain campus The existing buildings will be demolished and the area will be redesigned as a new entrance to the main campus of the College The subject site is currently owned by the City of Auburn City and is used as a City park Lee Hill Park The College and City have negotiated a memorandum of understanding Exhibit 3 that will facilitate a land exchange The City will exchange the Lee Hill Parksite for a site immediately to the north and currently owned by the College Prior to initiating constructionof the Trades Project the College would demolish the current Lee Hill Park and construct a new park on the exchange property The City is currently working on a master plan for the new park 4 Characteristics of the Area The subject site is adjacent to the south to the main campus of Green River Community College To the east and west the site is surrounded by single family residential The property to the north is mainly vacant land with a daycare The property to the north and east is zoned R5 Residential The property to the west is zoned R7 Residential The property to thesouth is zoned Institutional 5 Adverse Impacts The College has conducted an impressive series of four neighborhoodmeetings to identify and mitigate potential issues caused by the project Probably at least in part due to these community meetings no one spoke against the project at the public hearing The project has been designed to mitigate for aesthetics wetland impacts noise and transportation issues The proposal will add a negligible amount of new trips to SE 124th Avenue under 25 trips in the peak hours Ordinance No 6375 August 10 2011 Page 3 ORD.E while providing for a proportionate share of intersection improvements already identified in the Citys Transportation Improvement Plan ASEPA MDNS was issued on June 9 2011 The Examiner concludes as conditioned by the MDNS there are no potential adverse impacts if the proposed rezone is granted CONCLUSIONS OF LAW Procedural 1 Authority of Hearing Examiner ACC 1868030B1a grants the Hearing Examiner withthe authority to review and make a recommendation on rezone requests to the City Council if the planning director determines that the rezone requests are consistent with the comprehensive plan The planning director has determined that the rezone request is consistent with the comprehensive plan The comprehensive plan land use map designation for the property is PublicQuasiPublic Substantive 2 Zoninq Designation The property is currently zoned R5 Residential 3 Case Law Review Criteria and Application The Auburn City Code does not contain any standards for rezones Washington appellate courts have imposed some rezone criteria requiring that the proponents of a rezone must establish that conditions have substantially changed since the original showing and thatthe rezone must bear a substantial relationship to the public health safety morals or welfare See AhmannYamane LLC v Tabler 105 Wn App 103 111 2001 If a rezone implements the Comprehensive Plan a showing that a change of circumstances has occurred is not required Id at 112 There is no question that the project is consistent with and implements the comprehensive plan which designates the property PublicQuasiPublic The current R5 zoning designation is inconsistent with the comprehensive plan PublicQuasiPublic designation and the proposed rezone should be approved to remove the inconsistency The rezone bears a substantial relationship to the public health safety morals and welfare of the community because it will allow for the expansion of an essential public facility a regional college The rezone provides for the welfare of the community by expanding the opportunity for members of the community to learn valuable and vital skills in the trades Additionally the rezone will allow for the implementation of the memorandum of understanding between the City and College resulting in the replacement of an older park with a newer modern park facility in essentially the same location The public health is protected in several ways including the preservation of wetlands the proposed use of noise abatement and visual buffers from the campus to the surrounding residential areas and the improvement of the local transportation system to provide for more efficient and safer travel Ordinance No 6375 August 10 2011 Page 4 ORD.E HEARING EXAMINER RECOMMENDATION The Hearing Examiner recommends approval of REZ100001 Section 4 Upon the passage approval and publication of this Ordinance as provided by law the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Recorder Section 5 If any section subsection sentence clause phrase or portion of this Ordinance or any of the Zoning Map amendments adopted herein is for any reason held invalid or unconstitutional by any Court of competent jurisdiction such portion shall be deemed a separate distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof Section 6 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Section 7 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 Peter B Lewis Mayor Ordinance No 6375 August 10 2011 Page 5 ORD.E ATTEST Danielle E Daskam City Clerk APPROVED AS TO FORM h niel B Heid City Attorney Published Ordinance No 6375 August 10 2011 Page 6 ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E Exhibit 1 Number of Pages 7 AGENDA BILL APPROVAL FORM Agenda Subject: Green River Community College Trades Project; Application No: REZ10-0001 Date: July 6, 2011 Department: Planning and Development Attachments: See Exhibit List Budget Impact: N/A Administrative Recommendation: Hearing Examiner recommend to the City Council approval of the rezone. Background Summary: OWNER/ APPLICANT: Property Owner: City of Auburn, 25 West Main Street, Auburn, WA 98001 Applicant: Green River Community College, 12401 SE 320th Street, Auburn, WA 98092 REQUEST: Rezone of approximately 9 acres from R-5 (Residential 5 du/acre) to Institutional. LOCATION: At the intersection of SE 320th Street and 124th Avenue SE; Parcel No: 0921059020 EXISTING LAND USE: City park; includes ball fields and tennis courts COMP. PLAN DESIGNATION: Public/Quasi-Public SEPA STATUS: A Mitigated Determination of Non-Significance was issued June 9, 2011. Comment deadline was June 23, 2011 and the appeal deadline is July 14, 2011. Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Information Services Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Staff: Chamberlain Meeting Date: July 20, 2011 Item Number: ORD.E Agenda Subject: Green River Community College Trades Project; Application No: REZ10-0001 Date: July 6, 2011 Page 2 of 7 The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties are (include map as shown below): Comprehensive Plan Zoning Land Use Project Site Public/Quasi Public R-5 (Residential 5 du/acre) City Park North Single Family Residential R-5 (Residential 5 du/acre) Vacant Land and Day care South Public/Quasi Public Institutional Green River Community College Campus East Single Family Residential R-5 (Residential 5 du/acre) Single Family Residential West Single Family Residential R-7 (Residential 7 du/acre) Single Family Residential Green River Community College Subject Site ORD.E Agenda Subject: Green River Community College Trades Project; Application No: REZ10-0001 Date: July 6, 2011 Page 3 of 7 FINDINGS OF FACT: 1. The applicant proposes to construct a new 65,000 square foot single story building that will be for Green River Community College (GRCC) trades classes such as carpentry, automobile repair, and welding. The subject site is approximately 9 acres and located at the intersection of SE 320th Street and 124th Avenue SE. The site is currently developed as a public park that includes baseball fields, tennis courts, and playground. 2. A rezone is required for the proposed Trades Building to allow for the proposed uses on the subject property. The subject site is currently zoned R-5 (5 du/acre) and the proposal is to rezone the subject site to Institutional. The comprehensive plan land use designation for the subject site is Public/Quasi- Public. 3. The subject site is currently owned by the City of Auburn. Green River Community College (GRCC) and the City of Auburn have negotiated a land exchange that will transfer the subject site to GRCC and property owned by GRCC just north of the subject site to the City of Auburn for a new park site. A Memorandum of Understanding for this land exchange was executed between the City of Auburn and GRCC on February 5, 2010. The City of Auburn is working on a master plan for the new park site and soliciting input from the community. 4. The subject site was annexed into the City of Auburn for municipal purposes through Ordinance No. 5983, effective January 27, 2006, pursuant to RCW 35A.14.300. 5. GRCC was annexed into the City of Auburn through Ordinance No. 6121, effective January 1, 2008, as part of the Lea Hill Annexation Area. GRCC campus occupies approximately 212 acres south of SE 320th Street. The majority of the campus property is leased from the Department of Natural Resources. 6. Pursuant to Auburn City Code Section 18.64.020(B) the City of Auburn Hearing Examiner is authorized to conduct a duly noticed public hearing and render a recommendation on the rezone application. The Hearing Examiner’s recommendation is forwarded to the City Council for a decision. The City Council’s decision is appealable to the Superior Court of the applicable county government. The public hearing notice was published on July 6, 2011 in the Seattle Times, posted at the subject site on July 7, 2011, and mailed to property owners within 500 feet of the subject property (Exhibit 6). 7. Pursuant to ACC 18.68.030 and 18.68.040, all applications for a rezone shall be reviewed by the planning director prior to the scheduling of a public hearing. After review of the application, the director shall determine which of the following two processes should occur to properly hear the rezone: a. If the rezone is consistent with the comprehensive plan, then the hearing examiner shall conduct a public hearing on the rezone and make a recommendation to the city council pursuant to ACC 18.66.170. This application is consistent with the comprehensive plan, as outlined below in the conclusions. 8. The subject property is within the City’s Water and Sanitary sewer service areas. 9. The applicant’s report: GRCC Trades and Industry Facility Critical Areas Report prepared by Keith Fabing, Inc., dated August 6, 2010 identifies that the subject site has one wetland located at the SE corner of the site and an off-site wetland to the north, its buffer impacts the subject site. The onsite wetland is categorized as a Class III wetland with a minimum 25 foot buffer. The off-site wetland has ORD.E Agenda Subject: Green River Community College Trades Project; Application No: REZ10-0001 Date: July 6, 2011 Page 4 of 7 also been categorized as a Class III wetland with a minimum 25 foot buffer. The proposed project does not impact any buffer or wetland. The on-site wetland has been fenced at the 25 foot buffer line and appropriately signed as part of the improvements to 124th Avenue SE. The off-site wetland buffer that impacts the subject site will require fencing and signage to prevent intrusion into the. The proposed project does not impact any buffer or wetland area. (Exhibit 12) 10. The subject site is relatively flat with the steepest slope at 3%. Detailed quantities of cut and fill have not been determined at this stage of the project. Based on preliminary design plans, cuts of five to ten feet would occur along a portion of the west access driveway and fills up to approximately six feet would occur along the edge of the building on SE 320th Street. 11. The applicant’s report: Trades Replacement Complex Green River Community College Transportation Study, prepared by Transportation Engineering Northwest LLC, dated August 5, 2010, revised January 3, 2011 and May 13, 2011, and the trip generation analysis revised May 12, 2011 determined the trip generation for the proposed project and GRCC campus has decreased since 2003 and 2010. The trip generation rate for the GRCC campus is 2.11 per 1,000 gross floor area in the AM peak hour and 1.25 per 1,000 gross floor area in the PM peak hour. Frontage improvement will be required for the subject site frontage along SE 320th Street and 124th Avenue SE (which were completed in 2010). Mitigation proposed by the applicant also includes an internal trail system through the subject site that will connect into the City’s future parking north of the subject site. The discussion about traffic impact fees on Page 29 and 30 of the revised traffic impact study is for reference purposes only. The City of Auburn will review the costs for the 124th Avenue SE improvements made by GRCC and then determine the eligibility of a potential traffic impact fee credit. The proposed project also impacts the intersection of 124th Avenue SE/SE 312th Street (City’s TIP Project #41). The applicant is responsible for a proportional share of the improvements at this intersection based on the project’s impact to the intersection. x 2015 total entering volumes of 1,998 trips; 23 trips are new project trips and the proportional share is 1.2% The proposed project impacts the intersection of 124th Avenue SE/SE 314th Street and 124th Avenue SE/SE 316th Street. x 2015 total directional volumes on 124th Avenue SE of 1,368 trips of which 23 trips are new project trips equates to a proportional share of 1.7% A parking management program is recommended to be developed, submitted prior to building permit approval, and implemented for the Trades Replacement Complex. (Exhibit 16) 12. King County Metro Route 180 currently serves Green River Community College and Lea Hill. An existing bus stop is located along the subject site frontage on SE 320th Street. 13. A geotechnical report was prepared by GeoEngineers dated June 3, 2010, for the proposed Trades Project. The report concluded that there are no unstable soils onsite and provided recommendations on designing the building foundation, wall foundations, and infiltration rates. (Exhibit 9) 14. A Phase I Environmental Site Assessment was conducted for the project by GeoEngineers and the report is dated May 19, 2010. A small residential building used to exist on the subject property and utilized an oil-burning heating system. Conclusions of the report determined there is a low to moderate risk of soil, groundwater, or surface water contamination at the subject property in areas where historical heating oil underground storage tanks (UST) may still be present. If an UST is ORD.E Agenda Subject: Green River Community College Trades Project; Application No: REZ10-0001 Date: July 6, 2011 Page 5 of 7 discovered during excavation, then property removal procedures, soil testing, and notification to Department of Ecology will be required. (Exhibit 10) 15. A preliminary storm drainage report was prepared by Reid Middleton, dated August 2010. The subject site is within Ground Water Protection Zone 4 which means best management practices shall be implemented during construction for water resource protection. (Exhibit 13) 16. Noise is regulated by Auburn City Code Chapter 8.28. The applicant’s report: Green River Community College Trades Building, Noise Study prepared by The Greenbusch Group, dated August 20, 2010 analyzed the noise impacts from the proposed Trades Building. (Exhibit 14) 17. The applicant’s report: Cultural Resources Review for Lea Hill Park and Martin Property prepared by Northwest Archaeological Associates, Inc. dated June 16, 2010 concluded there are no buildings or structures 50 years or older that require further study and consideration as significant historical properties. (Exhibit 15) 18. Green River Community College conducted an outreach program with the adjacent residential neighborhoods to the proposed Trades Project. The outreach program included a series of three initial neighborhood meetings, which were held on consecutive weeks in April 2010 and a follow-up meeting held on June 23, 2010. Each meeting included a presentation about the proposal, a question/answer session, and additional opportunity to review the presentation materials and discuss concerns with the project team. The applicant took the comments received at the three initial meetings, incorporated revisions to the site and building design, then presented those changes at the June 2010 follow-up meeting. The College held additional community meetings on August 24, 2010, January 13, 2011 and May 24, 2011. (Exhibit 17) 19. A Mitigated Determination of Non-Significance (MDNS) was issued on June 9, 2011 by SEPA Responsible Official. The comment period ended June 23, 2011 with no comments received. The appeal period ends July 14, 2011. (Exhibit 7) CONCLUSIONS: ACC Chapter 18.68 provides certain criteria for approval of a rezone: 1. The rezone must be consistent with the Comprehensive Plan. Staff Comment The subject property was annexed into the City of Auburn for municipal purposes effective January 27, 2006 pursuant to Ordinance No. 5983. For those properties lying within the Lea Hill Area and not zoned by the City prior to annexation the property shall assume the LHR-1 designation upon annexation (Ordinance No. 5354). As the City did not zone the subject property prior to annexation, the property was automatically zoned LHR-1 Lea Hill Single Family Residential District (now R-5, Residential 5 du/acre). The proposed rezone by GRCC from R-5 (Residential 5 du/acre) to Institutional is consistent with the Auburn Comprehensive Plan. In fact, the current zone of the property R-5 is inconsistent with the comprehensive plan. In researching historic Comprehensive Land Use Maps, the City determined the subject property has been designated Public/Quasi-Public at least since 2005. Pursuant to Chapter 14 of the Auburn Comprehensive Plan, Institutional is an implementing zone for the Public/Quasi-Public land use designation. The purpose of the Public/Quasi-Public land use designation is to designate areas of significant size needed to provide public and quasi-public ORD.E Agenda Subject: Green River Community College Trades Project; Application No: REZ10-0001 Date: July 6, 2011 Page 6 of 7 services to the community. Compatible uses appropriately designated under this category include schools. Policy CF-63 states: “Public and quasi-public facilities which attract a large number of visitors (City Hall, museums, libraries, educational, permit or license offices, and health or similar facilities) should be sited in areas which are accessible (within ¼ mile) by transit.” The subject site is served by transit. There is an existing King County Metro bus stop located on the south side of the subject site serving the Green River Community College campus. Policy LU-5 states: “Link together regionally significant land uses such as the SuperMall, Green River Community College, Boeing, Emerald Downs, and commercial uses on Auburn Way…” The proposed rezone will allow Green River Community College to move towards their goal of relocating the Trades Programs at the subject site. Green River Community College is a regionally significant land use that provides education in the trades industry for the community and provides an educated work force for local businesses. Rezoning the subject site to Institutional is consistent with the Comprehensive Land Use Map, the Auburn Comprehensive Plan policies, and implements the Public/Quasi-Public land use designation. 2. The rezone must be initiated by someone other than the City in order for the Hearing Examiner to consider the request. Staff Comment The rezone has been initiated by Green River Community College with the consent of the City of Auburn, who is the property owner. RECOMMENDATION Based upon the application, Findings of Fact, and Conclusions of the staff report, staff recommends that the Hearing Examiner recommend to the City Council approval of the rezone no conditions of approval. Staff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of this report EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Vicinity Map Exhibit 3 Application Materials Exhibit 4 Site Plan Exhibit 5 Notice of Application Exhibit 6 Public Hearing Notice with affidavits Exhibit 7 Mitigated Determination of Non-Significance Exhibit 8 Expanded Environmental Checklist Exhibit 8 Aerial Photograph Exhibit 9 Geotechnical Report, prepared by GeoEngineers, dated June 3, 2010 Exhibit 10 Phase I Environmental Site Assessment, prepared by GeoEngineers, dated May 19, 2010 Exhibit 11 Air Quality Memorandum, prepared by Environ, dated August 13, 2010 Exhibit 12 Critical Areas Report, prepared by Keith Fabing, Inc., dated August 6, 2010 Exhibit 13 Preliminary Storm Drainage Report, prepared by Reid Middleton, dated August 2010 ORD.E Agenda Subject: Green River Community College Trades Project; Application No: REZ10-0001 Date: July 6, 2011 Page 7 of 7 Exhibit 14 Noise Study, prepared by The Greenbusch Group, dated August 20, 2010 Exhibit 15 Cultural Resources Review, prepared by Northwest Archaeological Associates, Inc., dated June 16, 2010 Exhibit 16 Transportation Impact Study, prepared by Transportation Engineering Northwest, dated August 5, 2010 and revised January 3, 2011 and May 13, 2011 Exhibit 17 Neighborhood Meeting Summary Information ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E GreenRiverCommunityCollege TradesBuildingProject NeighborhoodMeetingsSummary  Introduction GreenRiverCommunityCollege(GRCC)heldthreeneighborhoodmeetingsinApril2010toshare informationaboutitsplanstoconstructanewTradesBuildingatthesiteoftheexistingLeaHillPark,in Auburn,WA.ThesiteislocatedattheintersectionofSE320thStreetand124thAveSE,justnorthofthe campusandacrossthestreetfromtheGRCCstudenthousingcomplex.Aspartofaproposedland exchangewiththeCityofAuburn,GRCCplanstoconstructthenewTradesBuildingonthecurrentLea HillParksite.TheCitywillbuildanewcityparkonpropertiescurrentlyownedbytheGRCCFoundation andGreenRiverCommunityCollege,justnorthoftheGRCCchildcarecenteron124thAveSE,asite currentlyknownastheMartinproperty. Thepurposeofthemeetingswasto: x ShareinformationabouttheTradesBuildingProject x Talkwithresidentsabouttheproject x Answerquestions x Hearconcernsearlyinthedesignprocess MeetingDates&Locations ThemeetingswereheldinAuburnatthefollowingdatesandlocations: x Monday,April19,2010,atFamilyofGraceLutheranChurch,31317124thAveSE,6  GRCCTradesBuildingProject NeighborhoodOutreachMeetings Summary–May2010 2  Inaddition,afirst  GRCCTradesBuildingProject NeighborhoodOutreachMeetings Summary–May2010 3  x ChuckWarsinske,landscapearchitectwithSusanBlack&AssociatesworkingontheTrades BuildingProjectandnewparkprojectwiththeCityofAuburn Transportation x MikeRead,TransportationEngineeringNW,trafficengineerfortheTradesBuildingProjectand 124thAveSEstreetimprovements Other x RichardWeinman,landuseconsultant x MelindaPosner,facilitator  TradesPresentation FacilitatorMelindaPosnerwelcomedeveryonetothemeetings,introducedprojectteammembers, outlinedthemeetingformatandsharedgroundrulesforproductivedialogue.SheintroducedSamBall, whosharedthefirstofseveralkeycomponentsabouttheprojectincluding: x Needandpurposeoftheproject x Projectschedule x Interestincommunicatingearlywithresidents x Plansforconductingeffectiveoutreach JerryOsbornfromS.M.StemperArchitectstalkedabouthisfirm’smanyyearsofexperiencewithGRCC, theneedandinteresttodesignthisbuildingcompatiblywiththeneighborhood,andunderscoredthe significanceofdesigningthisbuildingasthecollege’sfuture“frontdoor.”HeintroducedSaraWilder, keydesignerforthesitelayout.Saratalkedaboutbuildingorientation,screening,useofmaterials,and strategiestoreducenegativeimpactstoneighborsfromnoise,views,andparking.Saraintroduced ChuckWarsinske,whoshareddetailsaboutthelandscapingplans,stormwatermanagementand integrationoftheTradesBuildingwiththenewcitypark.TransportationengineerMikeReaddiscussed the124thAveSEimprovementsplannedforthissummer,howfuturecirculationwillbeaddressedin thefuture,andopportunitiesandconstraintstoimprovingthetrafficsituationcurrentlyfacedby residents.RepresentativesfromtheTrades&Technologyprogramssharedinformationaboutthefive Tradesprograms(Welding,AutoBody,Automotive,Carpentry,andManufacturing),notedthe importanceoftrainingstudentsforlocaljobs,Tradesprogramservicesthatmeetcommunityneeds,and benefitsofanewbuildingwithupdatedequipmentandtechnology. Teammemberssharedthatameetingsummarywouldbedevelopedanddistributedtoallattendees andmadeavailableontheGRCCWebsite.GRCCrepresentativesindicatedthatafuturemeetingwillbe heldtoshowdesignprogressandhowtheprojectteamaddressedconcernsandissuesoftheneighbors. ORD.E  GRCCTradesBuildingProject NeighborhoodOutreachMeetings Summary–May2010 4  GRCCrepresentativesindicatedtheywillinitiatequarterlymeetingswithneighborstocommunicate moreregularly,shareupdatesaboutprojectslikeTrades,andotherprograms/projectsthatmight impactresidentsinthearea.ContactinformationcollectedattheTradesoutreachmeetingswillbeused tocontactresidentsinadvanceofthesemeetings.Thefirstmeetingwilllikelybeheldthissummer. Questions&Comments Questionsandcommentsfromallthreemeetingshavebeenconsolidatedandorganizedbytopic. MeetingparticipantswereencouragedtosharecommentsintheQ&Aportionofthepresentation,write commentsonprojectcommentcards,providecommentselectronicallythroughtheGRCCWebsite, and/orcontactJohnRamseydirectly. TradesBuildingDesign,SitePlan,Aesthetics&Landscaping ƒ Isthereapictureofwhatthebuildingwilllooklikewhenresidentsdriveby? ƒ Oneresidentlikestheideaofkeepingthebuildingsurroundedbytrees.Aresidentwasgladtohear thatsoundwillbetested.Fromwheretheylive,theydon’thearnoisefromtheexistingTrades building. ƒ Currentviewsofexistingparkandopenspacewillbechangedwithnewbuilding. ƒ Howwilltheperspectiveofhomeownersbeconsidered?Forexample,howwilltheteamdetermine whatitlookslikefromhomesthatlookintothebuilding? ƒ WillthenewTradesBuildingbefenced? ƒ Willthesitebeopentothepublic24hoursperday? ƒ WillthenewTradesBuildingbewaterandenergyefficient?Willittakemoreorlesspower? ƒ Willthenewbuildinguserainwater,forusesbeyondvegetation? ƒ Whatabouttheuseofgraywaterinthenewbuilding? ƒ Plansto“daylight”existingnaturalwaterwaysarearealplusforthisproject,especiallywhen incorporatedalongthepathways. ƒ Whatkindoftreeswillbeplanted? ƒ Whatsizeoftreeswillbeplanted? ƒ Whatwillbeplantedalong124thAveSE? ƒ Willtheprojectincludecedars? ƒ Isthereaconcernaboutplantingverylargetreesandthengoingthroughaverywetrainyseason? ƒ Willthetreeshavefoliageallthewaytothegroundorwillresidentsseetrunksprimarily? ƒ Theplansoundslikeitwilllooklush–thatisagoodthing. ƒ HowwillthetreesontheTradessitelookatdifferentseasons?Concernedthatareaswith deciduoustrees(thosethatloseleavesinfall/winter)willnotbeverynicetolookat. ƒ Willthepathwaybelightedatnight? ƒ TheclosestresidenttothenewTradesBuildingisconcernedaboutpropertyvalues.Abuildingin placeofaparkdoesn’tseemtobeanimprovement.  ProgramOperation,Noise ORD.E  GRCCTradesBuildingProject NeighborhoodOutreachMeetings Summary–May2010 5  ƒ WhatisthescheduleofclassesatTrades?Willitcreatemoreimpactsatthealreadyimpactful times?Orisit“off  GRCCTradesBuildingProject NeighborhoodOutreachMeetings Summary–May2010 6  ƒ Thereisaconcernaboutparkingforuseofthepark.Willthisincreaseparkingonthestreet?There isalotofparkingon316th.Willtherebeenoughparkingonsite? ƒ Isaparkinggaragereallyplanned? ƒ HowwillfutureGRCCstudentgrowthaffecttraffic? ƒ Arethereplannedsignalimprovementsat318th? ƒ Isthereaplantocontinue124thAveSEsouth,straightintothecampus? ƒ Atpeaktraffictimes,crossing124thAveSEtogotoandfromtheparkwillbeveryunsafe.Howwill thatbeaddressed? ƒ Widening124thAveSEwillincreasetrafficspeedsandmakeitmoreunsafeforpedestrians. ƒ Howwillresidentsontheeastof124thAveSEgettotheparksafely? ƒ WhentheCityeventuallycompletestrafficimprovementsonthewestsideof124thAveSE,will therebeenoughroomforthoseimprovementswithouttakingportionsofresidents’backyards? ƒ Ifthelong  GRCCTradesBuildingProject NeighborhoodOutreachMeetings Summary–May2010 7  ƒ Thepolicemaybeneglectingsecurityattheparkrightnowbecauseofthefutureplans.Theyshow upwhencalledbutjustchasefolksaway. ƒ Willthesitehavelighting? ƒ Willthesitehavesurveillancecameras? ƒ Willtherebelightingwhenschoolisnotinsession?WillGRCCpatrol24/7?  FuturePark  ƒ Whenwillthenewparkbedeveloped? ƒ Willtheparkbeco GreenRiverCommunityCollege TradesBuildingProject June23,2010NeighborhoodMeeting Summary  Introduction GreenRiverCommunityCollege(GRCC)heldafollow  GRCCTradesBuildingProject Follow  GRCCTradesBuildingProject Follow  GRCCTradesBuildingProject Follow  GRCCTradesBuildingProject Follow Appendix A x Neighborhood Meetings Notification Postcard x Trades Building Project Fact Sheet x Trades Building Project Comment Card x Trades Building Project Web Site Text x Auburn Reporter Article April 8, 2010 x Auburn Reporter Article April 22, 2010 x Neighborhood Meeting Sign-in Sheet April 19, 2010 x Neighborhood Meeting Sign-in Sheet April 26, 2010 x Neighborhood Meeting Sign-in Sheet April 28, 2010 ORD.E Capital Projects 12401 SE 320th St. Auburn, WA 98092-3622 Nonprofit Org. U.S. Postage PAID Auburn, WA Permit No. 184 SAVE THE DATE! Upcoming meetings to discuss Green River Community College New Building Plans Meeting 1 Monday, April 19 6-8 p.m. Meeting 2 Monday, April 26 6-8 p.m. Meeting 3 Wednesday, April 28 5-7 p.m. or Current Resident ORD.E Meeting 2 Monday, April 26 6-8 p.m. Family of Grace Lutheran Church 31317 124th Ave SE To learn more about the Trades Building Project, please visit www.greenriver.edu/facilities/tradesbuilding THE TRADES BUILDING PROJECT The Trades Building Project will combine state-of-the- art equipment and facilities with mature landscaping, green building materials and sensitive site design. Attend the meeting most convenient for you. Each will follow the same format and provide the same information. Call (253) 288-3360 to learn more. Green River Community College is hosting three neighborhood meetings to talk with residents about replacing the existing 40-year-old Trades building at a new site on SE 320th Street. Meeting 1 Monday, April 19 6-8 p.m. Family of Grace Lutheran Church 31317 124th Ave SE Meeting 3 Wednesday, April 28 5-7 p.m. Lea Hill Clubhouse 12120 SE 319th Place ORD.E TRADES BUILDING PROJECT Green River Community College is embarking on an exciting new project to upgrade its Trades Building. The new facility, which has been funded by the State of Washington, will include updated equipment and new plumbing, electrical, and HVAC systems, which are now poorly functioning. Currently, the College’s Trades programs are housed in five aging buildings, many of which were built more than 40 years ago (1966). They have exceeded their life cycles, are unable to meet current safety requirements, and are no longer adequate to support the instructional programs. The new Trades Building will facilitate enhanced student learning in a modern instructional environment and help meet local employers’ demands for qualified graduates. Green River Community College is committed to a new building design that is sensitive to the surrounding com- munity and minimizes impacts to neighbors. For More Information Please call John Ramsey at (253) 288-3360 or visit www.greenriver.edu/trades-building City Approval Process Construction of the new Trades building requires approval from the City of Auburn for rezoning the site to “Institutional Use,” the same zone that applies to the main GRCC campus. The rezone process requires a public hearing and must com- ply with the State Environmental Policy Act. The Auburn City Council will make the final decision about rezone approval. An administrative use per- mit is also required. THE TRADES BUILDING PROJECT ORD.E THE TRADES BUILDING PROJECT The new Trades Building will achieve a LEED Silver Certification Level The Leadership in Energy and Environmental Design certification is based on construction and design techniques that address: ® Water and energy efficiency ® Site sustainability ® Use of renewable materials, reuse and resources ® Indoor environmental quality ® Innovation in design Trades Programs Auto Body, Automotive, Carpentry, Manufacturing, and Welding comprise the College’s instructional programs in the trades. Each of these programs pre- pare students for immediate employment in these fields. Project Schedule April 2010 Neighborhood Outreach Meetings Summer 2010 Trades Rezone Application Submittal Fall 2010 Auburn City Council Action on Rezone Application 2013 Anticipate Construction to Begin 2015 Trades Construction Complete Trades Building Fast Facts Building Size: One-story, 65,000 sq. feet Cost: $20 million Features: ® Preservation of wetlands ® Dense, mature landscaping with walking paths ® Construction techniques to reduce noise impacts ® Modular construction to reduce building “mass” ® Enhanced streetscape ® Natural lighting ® Green roofs Trades Program Fast Facts ® Serves 430 students per year ® About 20% of Trades students are under age 20 and 25% are over age 40 ® Trains and places students quickly – over 1,000 certificates awarded in last 5 years ORD.E ORD.E NAME: AFFILIATION: ADDRESS: CITY/STATE/ZIP: EMAIL: PHONE: To learn more about the Trades Building Project, please visit www.greenriver.edu/trades-building COMMENT CARD: The Trades Building Project Please share your comments about the Trades Building Project. Thank you. Your time and participation are appreciated. (e.g. neighborhood group, organization, etc.) ORD.E TradesBuildingProject ProjectDescription 3/22/2010 ProjectDescription Green River Community College is embarking on an exciting new project to upgrade its Trades Building. The new facility, which has been funded by the State of Washington, will include updated equipment and new plumbing, electrical, and HVAC systems, which are now poorly functioning. Combining state-of-the-art facilities with mature landscaping, “green” materials and sensitive site design, the new Trades Building will facilitate enhanced student learning in a modern instructional environment and help meet local employers’ demands for qualified graduates. Currently, the College’s Trades programs are housed in five aging buildings. Many of the structures were built more than 40 years ago (1966); they have exceeded their life cycles, are unable to meet current safety requirements, and are no longer adequate to support the Trades instructional programs. The combined structures have interrelated systems problems including: x Old and worn building structure, roofs, exteriors and interiors x Deficient HVAC and plumbing systems x Failing single-paned windows x Leaking, corrosion and blockages in water piping system x Lack of fire sprinklers and alarm system x Aged electrical service x Presence of hazardous materials (asbestos) x Inadequate facilities for male and female students The new Trades Building will be designed and constructed to meet campus standards, a minimum 50-year life expectancy, and achieve a LEED (Leadership in Energy and Environmental Design) Silver Certification Level. UpcomingNeighborhoodMeetings Green River Community College will host three neighborhood meetings to talk with residents about the Trades Building Project. Future meetings with the College community and broader Auburn community are also being planned. (link to postcard with meeting dates/locations) CityofAuburnParkPlans The college and the City of Auburn signed a Memorandum of Understanding to support a property exchange between the city-owned Lea Hill Park and the GRCC/Green River Community College Foundation-owned Martin property, located a few blocks north of 320th Street. The new Trades Building will be constructed on the existing Lea Hill park site and a new park will be constructed on the Martin property. 124thStreetImprovements Street improvements planned for construction this summer will reduce traffic backups during rush hour, enhance pedestrian safety, and improve the visual experience along the roadway. ORD.E Construction will include installation of pedestrian-friendly sidewalks with mature landscaping, removal of overhead power lines, and improved street lighting, as well as roadway modifications to improve traffic flow that includes a new center left turn lane. (link to street improvement map) TradesProgram Auto Body, Automotive, Carpentry, Manufacturing, and Welding comprise the College’s instructional programs in the trades. Each of these programs is designed to prepare students for immediate employment. (link to each Trades program) ForMoreInformation Contact John Ramsey at (253) 288-3360 or click here to send us our comments tradesbuilding@greenriver.edu Project Images (to come) Progress Reports (to come) ORD.E Auburn Reporter Article Officials set talks over GRCC, City of Auburn land swap By ROBERT WHALE Auburn Reporter News reporter Apr 08 2010 Green River Community College uses the 8.97-acre Lea Hill Park to the north more than the residents of Lea Hill do, primarily as a practice field for intercollegiate sports. But the tennis court is wretched and the baseball diamond is so unfit for college ball that the Gators play their games at nearby Auburn Mountainview High School. The upshot is that the park at South 320th Street and 124th Avenue no longer answers the needs of a growing Lea Hill, which includes kids, college students and seniors Coincidentally, GRCC needs land for the replacement of the 45-year-old Trades and Industry building, part of the college’s master plan for the long-term growth and capital needs of the campus. Now the City and GRCC have a solution to both problems – a land swap. Per agreement, the City will give the college Lea Hill Park, and the school will build the new Trades Building there. In exchange, the City will get a 7.15-acre site comprised of three parcels known collectively as the Martin property on 124th Avenue between Lea Hill Park and 316th Street, just north of the current park. On this site, GRCC will build a new community park. Before any plans are finalized, however, GRCC and the City of Auburn need to hear from people who live in the area. GRCC will host these neighborhood meetings to discuss plans for the new Trades Building: • 6-8 p.m., Monday, April 19, Family of Grace Lutheran Church, 31317 124th Ave. S.E. • 6-8 p.m., Monday, April 26, Family of Grace Lutheran Church, 31317 124th Ave. S.E. • 5-7 p.m., Wednesday, April 28, Lea Hill Clubhouse, 12120 S.E. 319th Place. Locals are invited to attend and talk with staff about site design, landscaping, and construction plans for the Trades Building, which will be designed as a LEED (Leadership in Energy and Environmental Design) Silver certified building. When completed in 2013, the building will ORD.E provide a modern instructional environment and help meet local employers’ demands for qualified graduates. “We are excited about improving the instructional capabilities of our Trades programs,” said Sam Ball, dean for capital projects. “We are committed to integrating this building in the same custom as other campus buildings, with mature forests and greenery that is in keeping with our area’s native vegetation.” The City of Auburn will host meetings later this spring to discuss future plans for the new park, which will be under joint GRCC and Auburn ownership. The City of Auburn acquired Lea Hill Park from King County in 2002 when the county was divesting itself of park land. The deed directs that the park property be used for park and recreation purposes forever, unless the City gets equal lands or facilities in exchange. The replacement lands or facilities must also be used for park or recreation purposes. According to a memorandum of understanding between the City and GRCC, the City will transfer ownership of the park to the college in exchange for both the Martin property and other improvements. Green River’s Trades programs are now housed in aging buildings at the east entrance to campus. Many of the structures date to the college's beginning in 1965. They have exceeded their life cycles, can't meet current safety requirements, and no longer are adequate to support the instructional programs, according to Ball. The new building will combine state-of-the-art equipment and facilities with mature landscaping, green building materials, and sensitive site design. The instructional programs in the Trades Division include Auto Body, Automotive, Carpentry, Manufacturing, and Welding. Each of these programs is designed to prepare students – many who are laid-off workers seeking retraining – for immediate employment. There's not enough space at the current site to meet future facility needs, and with the space freed up, the college can reconfigure the east entrance to the campus. Also, with the building removed, the college will have the room to relocate the Lindbloom Center to 320th. The GRCC Foundation owns the three parcels of land. A home childcare facility and a house now occupy part of the site. The Foundation, which acquired the land more than a year ago, is in the process of donating its interest to GRCC. The college will retain about 1.77 acres of the Martin property, site of a daycare facility, which it will keep. An independent appraisal will determine the respective values of the parcels. Whatever improvements GRCC makes will be consistent with the city-developed-and approved Lea Hill Park Master Plan and cannot exceed $1.5 million. The City will serve as the lead for the Lea Hill Park master plan and work with GRCC and the surrounding community on a conceptual park design. ORD.E For more information on the project or neighborhood meetings, visit the College’s web site at www.greenriver.edu or call John Ramsey, in the Public Information Office, at 253-288-3360. ORD.E Auburn Reporter Article Open houses set for Lea Hill Park planning effort Apr 22 2010, 10:07 AM The public is invited to attend an open house to discuss the upcoming planning efforts for Lea Hill Park. Two open houses will be held – May 18 and June 15, both at 6:30 p.m., at the Lea Hill Community Clubhouse, 12120 SE 319th Place, Auburn. Lea Hill park property is being proposed to be used by Green River Community College for their Trades Building. The community has the opportunity to provide input into design elements for a new community park for the neighborhood. The seven-acre site is located adjacent to the north side of the current park. The purpose of the open house will be to begin a discussion for the park design; present several site planning concepts to interested individuals; solicit input from the Lea Hill Community and other park users as to the vision of how the site can be used; and answer general questions about the project. For more information about the Lea Hill Park planning efforts, please call 253-931-3043 or visit www.auburnwa.gov. ORD.E ORD.E ORD.E ORD.E ORD.E ORD.E AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4737 Date: August 10, 2011 Department: Public Works Attachments: Resolution No. 4737 Resolution No. 4737 Easement Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4737 Background Summary: Resolution No. 4737 authorizes the Mayor to grant an easement to Puget Sound Energy (PSE) for the purpose of relocating utilities for the M St Underpass Project. PSE will be relocating utilities to these easements on 600 M St, which is a property acquired by the City for the M St Underpass project. O4.9.1 C201A, A3.13.2 Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:August 15, 2011 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A RESOLUTION NO 4737 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR TO GRANT AN EASEMENT TO PUGET SOUND ENERGY FOR THE PURPOSE OF RELOCATING UTILITIES FOR THE M ST SE UNDERPASS PROJECT C201 A WHEREAS the City Council has previously reviewed and approved Resolution No 4603 that authorized the Mayor to negotiate and execute documents required to acquire property and relocate inhabitants for C201A M Street SE Underpass Project and WHEREAS the City has acquired 600 M Street SE and dedicated portions as rightofway and WHEREAS Puget Sound Energy requires an easement to construct and maintain utility poles and overhead transmission and distribution lines on 600 M Street SE in an area outside of the City dedicated rightofway3 WHEREAS thereis mutual benefit to the City and Puget Sound Energy in t establishing the easement as the distribution lines in the easement will serve 600 M street SE and WHEREAS if the easement area is dedicated as rightofway in the future the easement shall be secondary to the rightofway dedication and the area would be subject to the franchise agreement between the City and Puget Sound Energy k Resolution No 4737 August 8 2011 Page 1 of 2 P RES.A NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN KING COUNTY WASHINGTON HEREBY RESOLVES as follows Section 1 The Mayor is authorized to grant to Puget Sound Energy and record with the offices of the King County Recorder an easement in substantial conformity with theeasement attached hereto marked as Exhibit A and incorporated herein by this reference Section 2 The Mayor is hereby authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation Section 3 This Resolution shall be in full force and effect upon passage and signatures hereon Dated and Signed this day of 2011 CITY OF AUBURN t i PETER B LEWIS MAYORl 4 ATTEST fi DanielleE Daskam City Clerk APP VED AS TO FORM is Daniel BHP eid City o y Resolution No 4737 August 8 2011 Page 2 of 2 RES.A -------------------------------------- Resolution No. 4737 August 8, 2011 Page 1 of 2 RESOLUTION NO. 4737 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO GRANT AN EASEMENT TO PUGET SOUND ENERGY FOR THE PURPOSE OF RELOCATING UTILITIES FOR THE M ST SE UNDERPASS PROJECT (C201A) WHEREAS, the City Council has previously reviewed and approved Resolution No. 4603 that authorized the Mayor to negotiate and execute documents required to acquire property and relocate inhabitants for C201A - M Street SE Underpass Project; and WHEREAS, the City has acquired 600 M Street SE and dedicated portions as right-of-way; and WHEREAS, Puget Sound Energy requires an easement to construct and maintain utility poles and overhead transmission and distribution lines on 600 M Street SE in an area outside of the City dedicated right-of-way; WHEREAS, there is mutual benefit to the City and Puget Sound Energy in establishing the easement as the distribution lines in the easement will serve 600 M street SE; and WHEREAS, if the easement area is dedicated as right-of-way in the future, the easement shall be secondary to the right-of-way dedication and the area would be subject to the franchise agreement between the City and Puget Sound Energy. RES.A -------------------------------------- Resolution No. 4737 August 8, 2011 Page 2 of 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is authorized to grant to Puget Sound Energy and record with the offices of the King County Recorder an easement in substantial conformity with the easement attached hereto, marked as Exhibit A and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. 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 RES.A RES.A RES.A RES.A RES.A RES.A North 600 M St SE Eagles 510 M St SE (Park Apts) Proposed PSE Easement 1 Proposed PSE Easement Map M St Underpass Project Proposed PSE Easement 2 RES.A AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4740 Date: August 5, 2011 Department: Administration Attachments: Resolution No. 4740 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4740. Background Summary: On February 2, 2004, the Auburn City Council adopted Ordinance No. 5802 approving the Rules of Procedure of the City Council. Ordinance No. 5802 also provides that the Council Rules of Procedure may be amended by resolution of the Council. The Council Operations Committee recently reviewed the Rules of Procedure and at their meetings on July 28 and August 4 recommended the adoption of amendments as identified in the attached resolution. A3.6 Reviewed by Council Committees: Council Operations Committee Councilmember:Wagner Staff:Heid Meeting Date:August 15, 2011 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B RESOLUTION NO 4 7 4 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AMENDING THE CITY COUNCIL RULES OF PROCEDURE AS ADOPTED BY ORDINANCE NO 5802 AND AMENDED BY RESOLUTION NOS 4282 4429 4467 4615 AND 4686 WHEREAS on February 2 2004 the Auburn City Council adopted Ordinance No 5802 approving the Rules of Procedure of the City Council and WHEREAS Ordinance No 5802 also provided that future amendments or modifications to the Council Rules of Procedure could be accomplished by Resolution properly introduced and passed by the City Council and WHEREAS on December 12 2007 December 15 2008 April 6 2009 July 6 2010 and February 22 2011 the City Council passed Resolution Numbers 4282 4429 4467 4615 and 4686 respectively which Resolutions adopted certain modifications to the Council Rules of Procedure and WHEREAS the Council Committee on Committees has recommended additional modifications to the Rules of Procedure NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED HEREWITH RESOLVES AS FOLLOWS Section 1 The Rules of Procedure of the City Council as adopted by Ordinance No 5802 on February 2 2004 amended by Resolution No 4282 on December 12 2007 Resolution No 4429 on December 15 2008 Resolution No 4467 on April 6 2009 Resolution No 4615 on July 6 2010 and Resolution No Resolution No 4740 August 4 2011 Page 1 of 2 RES.B 4686 on February 22 2011 are hereby amended as set forth in Exhibit A attached hereto and incorporated herein Section 2 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Section 3 This Resolution shall take effect and be in full force and effect upon passage and signature hereon except for the change in the position of chair of the Council Operations Committee Section 16 G1 The change of the position of chair of the Council Operations Committee to Deputy Mayor shall become effective in January 1 2012 DATED and SIGNED this day of 2011 CITY OF AUBURN PETER B LEWIS MAYOR ATTEST Danielle E Daskam City Clerk APP VED AS TO FORM Daniel B Heid City Attorney Resolution No 4740 August 4 2011 Page 2 of 2 RES.B CITY OF UBURN WASHINGTON RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON TABLE OF CONTENTS SECTION 1 AUTHORITY 2 SECTION 2 COUNCIL MEETINGS 2 SECTION 3 ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA 4 SECTION 4 COUNCILMEMBER ATTENDANCE AT MEETINGS 8 SECTION 5 PRESIDING OFFICER DUTIES 8 SECTION 6 COUNCILMEMBERS 9 SECTION 7 DEBATES 10 SECTION 8 PARLIAMENTARY PROCEDURES AND MOTIONS 11 SECTION 9 VOTING 13 SECTION 10 COMMENTS CONCERNS AND TESTIMONY TO COUNCIL 14 SECTION 11 PUBLIC HEARINGS AND APPEALS 14 SECTION 12 DEPUTY MAYOR SELECTION PROCESS 15 SECTION 13 COUNCIL POSITION VACANCY 161615 SECTION 14 COUNCIL MEETING STAFFING 16 SECTION 15 COUNCIL RELATIONS WITH STAFF 171716 SECTION 16 COUNCIL COMMITTEES AND CITIZEN ADVISORY BOARDS 1817 SECTION 17 COUNCIL REPRESENTATION INTERNAL COMMUNICATION 212 SECTION 18 TRAVEL AUTHORIZATION 242423 SECTION 19 CONFIDENTIALITY 242423 SECTION 20 ENFORCEMENT OF RULES OF PROCEDURE 242423 RES.B RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON SECTION 1 AUTHORITY The Auburn City Council hereby establishes the following rules for the conduct of Council meetings proceedings and business These rules shall be in effect upon adoption by resolution of Council and until such time as they are amended or new rules are adopted in the manner provided by these rules SECTION 2 COUNCIL MEETINGS All meetings of the City Council shall be open to the public and all persons shall be permitted to attend any meeting of this body except as provided in RCW Chapter 4230 The City Clerk shall be responsible for preparing agendas for all City Council meetings pursuant to the authority of Section 203100 of the City Code The City Clerk shall cause to be prepared action minutes of all of the Council meetings which minutes shall contain an account of all official actions of the Council Council meetings shall be electronically recorded and retained for the period of time as provided by State law 21 Regular Meetings In accordance with Sections 206010 and 206020 of the City Code the regular meetings of the City Council shall held on the first and third Mondays of every month at in the City Hall Council Chambers located at 25 West Main Street Auburn Washington The regular meeting location may be changed by a majority vote of the City Council Regular Council meetings will begin at the hour of 730 pm A quorum shall constitute four or more Councilmembers for the transaction of business 203100 Meeting coordination duties The mayor or the mayors designee shall be responsible for the preparation of agendas for the meetings of the council and of the various boards commissions and committees of the city and for including in those agendas the items and issues appropriate for consideration by the council and the various boards commissions and committees of the city The mayor or the mayors designee shall also be responsible for publishing notices for meetings and for public hearings for the meetings of the council and the various boards commissions and committees of the city and for setting the dates and times for said public hearings except in those instances when setting dates and times for public hearings is required by statute to be done through council resolution Ord 5761 1 2003 Page 2 AUBURN MORE THAN YOU IMAGINED RES.B In the event that a scheduled Council meeting falls on a legal holiday the meeting shall be held at 730 pm on the first business day following the holiday The Mayor shall be seated at the center of the dais and the Deputy Mayor shall be seated to the Mayors immediate left When the Deputy Mayor is acting as the Presiding Officer in theabsence of the Mayor the Deputy Mayor shall be seated in the center of the dais The seating arrangement for the other members of the Council shall be as directed by the Committee on Committees See ACC 206010 Ord 3916 1 1983 1957 code 104010 ACC 206020 Ord 3759 1 1982 1957 code 104020 ACC 206030 1957 code 104060 ACC 206080 1957 code 104090 22 Special Meetings In accordance with Section 206040 of the City Code and Section 35A12110 RCW a special meeting of the City Council may be called by the Mayor or any three members of the Council by written notice delivered to each member of the Council at least 24hours before the time specified for the proposed meeting provided however that no ordinance or resolution shall be passed or contract let or entered into or bill for the payment of money allowed at any special meeting unless public notice of such meeting has been given by such notice to the local press radio and television as will be reasonably calculated to inform the citys inhabitants of the meeting See ACC 206040 1957 code 104070 23 Emergency Meetings Emergency meetings may be called by the Mayor in accordance with Section 4230070 RCW when by reason of fire flood earthquake or other emergency there is a need for expedited action by the City Council to meet the emergency in which case the meeting site notice requirements otherwise applicable shall not apply 24 Executive Sessions A Council meeting that is closed except to the Council the Mayor City Attorney and authorized staff members andor consultants authorized by the Mayor The public is restricted from attendance Executive sessions may be held during Regular and Special meetings of the City Council and during Council Committee meetings and will be announced by the Mayor or Chair Executive session subjects are limited to considering such matters as permitted by State law See former ACC 206070 1957 code 104080 25 Cancellation of Meetings Meetings may be canceled by a majority vote of the Council and proper notice given by the City Clerk Page 3 AUBURN MORE THAN YOU IMAGINED RES.B SECTION 3 ORDER OF BUSINESS OF REGULAR COUNCIL MEETING AGENDA All items to be included on the Councils agenda for consideration should be submitted to the City Clerk in full by 1200 Noon on the Tuesday preceding each regular Council meeting The City Clerk shall then prepare a proposed agenda according to the order of business for approval by the Mayor or hisher designee A final agenda will then be prepared by the City Clerk and distributed to Councilmembers as the official agenda for the meeting The agenda format of the Regular City Council meeting shall be as follows 31 Call to order The Mayor shall call the meeting to order 32 Roll call The City Clerk will call the roll Councilmembers may request to be excused from a meeting by requesting the same of the Mayor in advance of the meeting The reason for the request shall be given at the time of the request 33 Flag salute The Mayor Councilmembers and at times invited guests will lead the flag salute 34 Announcements Proclamations and Presentations A proclamation is defined as an official announcement made by the Mayor or the City Council regarding a noncontroversial event activity or special interest group which has a major citywide impact 35 Appointments Appointing individuals to various committees boards and commissions Confirmation of appointments where confirmation is called for may be preceded by discussion in executive session where appropriate 36 Agenda modifications Changes to the Councils published agenda are announced at this time Page 4 AUBURN MORE THAN YOU IMAGINED RES.B 37 Public Hearings and Appeals Individuals may comment on public hearing and appeal items provided that when an appeal is a closed record appeal the matter shall be considered based on information evidence and documents in the record Argument on the appeal shall refer only to matters information documents and evidence presented at the underlying hearing from which the appeal is taken and no new information evidence or documents may be added and argument on the appeal may only deal with information evidence and documents in the record The Mayor will state the public hearing andor appeal procedures before each hearing 38 Audience Participation Members of the audience may comment on items relating to any matter related to City business under the Audience Participation period Comments are limited to three 3 minutes per person and a total offifteen 15 minutes per topic Groups who have a designated speaker may have a total of ten 10 minutes to speak Public comments signup forms will be available at the City Clerks desk at each meeting for use of those citizens wishing to address the Council The City Clerk shall serve as timekeeper The Presiding Officer may make exceptions to the audience participation time restrictions when warranted in the discretion of the Presiding Officer Citizens may also speak on individual agenda items on the printed agenda at the time they are considered by the Council as requested by the Mayor 39 Correspondence 310 Council Committee Reports Council Committee Chairs report on action and activities of their respective Council Committees In giving Committee Reports the Chair or other committee member giving the Report is encouraged to defer detailed reporting regarding resolutions and ordinances that are on the current Council agenda Then during discussion on a motion the Chair or other committee member is encouraged to give a description of the intention or process of consideration of the ordinance or resolution 311 Councilmember Reports Councilmembers may report on their significant ciactivities sincethe last regular meeting GOURGimem ber Councilmembers shall limit their reports to not more than three 3 to five 5 minutes Page 5 AUBURN MORE THAN YOU IMAGINED RES.B 312 Consent Agenda Approval of the Consent Agenda including items considered to be routine and noncontroversial may be approved by one motion Items on the Consent Agenda include but are not limited to the following Any Councilmember may remove any item from the Consent Agenda for separate discussion and action A Approval of minutes B Fixing dates for public hearings and appeals C Approval of claims and vouchers bid awards and contracts D Approval of surplus property E Other items designated by the City Council 313 Unfinished Business Unfinished business of a general nature 314 New Business Business other than ordinances and resolutions that has not been previously before the City Council 315 Ordinances All ordinances shall be in writing and the titles thereof shall be read aloud by the City Attorney prior to a vote being called on their adoption provided that any councilmember may upon request have a full reading of the text of a proposed ordinance prior to the vote on its adoption It shall not require a second to the request for a full reading of an ordinance It is further provided however that the requirement for a reading of the title of the proposed ordinance or a full reading of the text of the proposed ordinance may be waived upon a motion duly made seconded and approved by a majority of the councilmembers in attendance at the council meeting After a motion to adopt an ordinance has been made and seconded the Councilmember making the motion is encouraged to give a very brief description of the issues involved with the ordinance without simply repeating the ordinance title as read by the City Attorney and may choose to comment on any results of Committee action regarding the issue Page 6 AUBURN MORE THAN YOU IMAGINED RES.B r Discussion and debate by the City Council on ordinances will be held prior to the vote on an ordinance Councilmembers shall decide whether or not to amend the ordinance or direct staff to further review the proposed ordinance An ordinance shall be adopted by a majority vote of a quorum of the City Council Provided that adoption of any ordinance that grants or revokes a franchise or license shall require the affirmative vote of at least a majority of the whole membership of the Council and Provided that public emergency ordinances require a vote of a majority plus one of the whole Council membership A public emergency ordinance is one designated to protect public health and safety public property or public peace 316 Resolutions All resolutions shall be in writing and the titles thereof shall be read aloud by the City Attorney prior to a vote being called on their passage provided that any councilmember may upon request have a full reading of the text of a proposed resolution prior to the vote on its passage It shall not require a second to the request for a full reading of a resolution It is further provided however that the requirement for a reading of the title of the proposed resolution ora full reading of the text of the proposed resolution may be waived upon a motion duly made seconded and approved by a majority of the councilmembers in attendance at the council meeting After a motion to pass a resolution has been made and seconded the Councilmember making the motion is encouraged to give a very brief description of the issues involved with the resolution without simplyrepeating the resolution title as read by the City Attorney and the councilmember may choose to comment on any results of Committee action regarding the issue Discussion and debate by the City Council on resolutions will be held prior to the vote on a resolution Councilmembers shall decide whether or not to amend the resolution or direct staff to further review the proposed resolution A resolution shall be passed by a majority vote of a quorum of the Council Provided that passage of any resolution for the payment of money shall require the affirmative vote of at least a majority of the whole membership of the Council 317 Adjournment Recess The foregoing agenda may be interrupted for a stated time as called by the Presiding Officer to recess for any reason including executive sessions Seeaformer ACC 206110 Ord 5687 1 2002 Ord 4166 2 1986 ACC 206120 1957 code 104120 ACC 206140 1957 code 104140 ACC 206170 1957 code 104190 ACC 206180 Ord 5635 2 2002 1957 code 104200 Page 7 AUBURN MORE THAN YOU IMAGINED RES.B SECTION 4 COUNCILMEMBER ATTENDANCE AT MEETINGS 41 Councilmembers shallattend RegularCouncil meetings Councilmembers will inform the Mayor or the City Clerk if they are unable to attend any Regular Council meeting or if they knowingly will be late to anymeeting If a Councilmember has informed the Mayor or City Clerk that he or she is unable to attendsuch meeting the minutes for that meeting will show the Councilmember as having an excused absence for that meeting Provided that excessive or prolonged absences shall be addressed by the City Council on a case by case basis See ACC 206050 and RCW 35A12060 42 Councilmembers shallattend the meetings of the Council Committees to which they are assigned including meetings of the Council Committee of the Whole to which all Councilmembers are assigned Councilmembers will inform the Chair of such Council Committees or the City Clerk if they are unable to attend any meetings of such Council Committees or shall so inform the Chair or City Clerk if theyknowingly will be late to any such Council Committee Meeting If a Councilmember has informed the Chair orCity Clerk that he or she is unable to attend such Committee meeting the minutes for that meeting will show the Councilmember as having an excused absence for that meeting Provided that excessive or prolonged absences shall be addressed by the City Council on a case by case basis 43 Councilmembers shall attend the Special Meetings ofthe City Council Councilmembers will inform the Mayor or the City Clerk if they are unable to attend any such meetings or shall so inform the Mayor or City Clerk if they knowingly will be late to any such Special meeting If a Councilmember has informed the Mayor or City Clerk that he or she is unable to attend such Special meeting the minutes for that meeting will show the Councilmemberas having an excused absence for that meeting Provided that excessive or prolonged absencesshall be addressed by the City Council on a case by case basis 44 Attendance at Council Committee meetings and Special meetings will not be considered regularmeetingsfor the purposes of RCW 35A12060 applicable to Regular City Council meetings However in addition to the application of RCW 35A12060 to Regular City Council meetings unexcused absences from any Regular or Special meetings or Committee meetings shall constitute a violation of these Rules of Procedure SECTION5 PRESIDING OFFICER DUTIES Page 8 AUBURN MORE THAN YOU IMAGINED RES.B 51 Conduct of Meetings The Presiding Officer at all meetings of the Council shall be the Mayor and in the absence of the Mayor the Deputy Mayor will act in that capacity If both the Mayor and Deputy Mayor are absent and a quorum is present the Council shall elect one of its members to serve as Presiding Officer until the return of the Mayor or Deputy Mayor See former ACC 206090 1957 code 104100 52 The Presiding Officer A Shall preserve order and decorum at all meetings of the Council and cause the removal of any person from any meeting for disorderly conduct B Shall observe and enforce all rules adopted by the Council C Shall decide all questions on order in accordance with these rules subject to appeal by any Councilmember D Shall recognize Councilmembers in the order in which they request the floor giving every councilmember who wishes an opportunity to speak provided that the mover of a motion shall be permitted to debate it first and provided that the Presiding Officer may also allow discussion of an issue prior to the stating of a motion when such discussion would facilitate wording of a motion E May affix approximate time limit for each agenda item F When matters on the agenda are placed or are able to be placed under more than one classification or category as defined by the Order of Business and the matters involve or are closely related to other subject matter then the Presiding Officer may in the Presiding Officers discretion present such matters before the Council for discussion consider and vote at a different place in the agenda without the necessity of any vote thereon notwithstanding their initial different placement on the written agenda See former ACC 206100 1957 code 104170 ACC 206190 1957 code 104210 SECTION 6 COUNCILMEMBERS 61 Remarks Councilmembers desiring to speak shall address the presiding officer and when recognized shall confine himherself to the question under debate Page 9 AUBURN MORE THAN YOU IMAGINED RES.B 62 Questioning Any member of the Council including the Presiding Officer shall have the right to question any individual including members of the staff on matters germane to the issue properly before the Council for discussion Under no circumstances shall such questioning be conducted in amanner to the extent that such would constitute a crossexamination of or an attempt to ridicule or degrade the individual being interrogated 63 Obligation to the Public Agency Notwithstanding the right of Councilmembers to express their independent opinions and exercise their freedomof speech Councilmembers should actin a way that reflects positively on the reputation of the City and of the community Councilmembers shall also interact with other members of the City Council and City staff in ways that promote effective local government 64 Councilmembers are expected to participate in training offered by individuals agencies entities and organizations including but notlimited to the Association of Washington Cities and the State of Washington so as to afford the Councilmembers the opportunity to better understand their roles as City Councilmembers 65 Councilmembers are encouraged to participate in assignments to regional state and national committees agencies and organizations to better represent the interests of the City of Auburn See former ACC 206130 1957 code 104130 SECTION 7 DEBATES 71 Speaking to the Motion No member of the Council including the Presiding Officer shall speak more than twice onthe same motion except by consent of the majority oftheCouncilmembers present at the time the motion is before the Council 72 Interruption No member of the Council including the Presiding Officer shall interrupt or argue with any other member while such member has the floor other than the Presiding Officers duty to preserve order during meetings as provided in Section 52a of these rules 1 73 Courtesy All speakers including members of the Council which includes the Presiding Officer in the discussion comments ordebate of any matter or issue shall address their remarks to the Presiding Officer be courteous in their language and deportment and shall not engage in or discuss or comment on personalities or indulge in derogatory remarks or insinuations in respect to any other member of the Council or any member of the staff or the pubic but shall at Page 10 AUBURN MORE THAN YOU IMAGINED RES.B all times confine their remarksto those facts which are germane and relevantto the question or matter under discussion 74 Transgression If a member of the Council shall transgress these rules on debates the Presiding Officer shall call such member to order in Which case such member shall be silent except to explain or continue in order If the Presiding Officer shall transgress these rules on debate or fail to call such member to order any other member of the Council may under a point of order call the Presiding Officeror such other member to order in which case the Presiding Officer or such member as the case may be shall be silent except to explain or continue in order 75 Challenge to Ruling Any member of the Council including the Presiding Officer shall have the right to challenge any action or ruling of the Presiding Officer or member as the case may be in which case the decision of the majority of the members of the Council present including the Presiding Officer shall govern See former ACC 206130 1957 code 104130 SECTION 8 PARLIAMENTARY PROCEDURES AND MOTIONS 81 All CityCouncilmeeting discussions shall be governed by ROBERTS RULES OF ORDER NEWLY REVISED latest edition 82 If a motion doesnot receive a second it dies Matters that do not constitute a motion include nominations withdrawal of motion by the person making the motion request for a roll call vote and point of order or privilege therefore a second is not needed 83 A motion that receives a tie vote is deemed to have failed provided that except where prohibited by law the Mayor as Presiding Official shall be allowed to vote to break a tie Vote 84 When making motions Councilmembers shall be clear and concise and not include arguments for the motion within the motion 85 After a motion has been made and seconded the Councilmembers may discuss their opinions on the issue prior to the vote 86 If any Councilmember wishes to abstain from a vote on the motion pursuant to the provisions of Section 9 hereof that Councilmember shall so advise the City Council and shall remove and absent himselfherself from the deliberations and considerations of the motion and shall have no further participation in the matter Such advice shall be given prior to any discussionor participation on the subject Page 11 AUBURN MORE THAN YOU IMAGINED RES.B matter or as soon thereafter as the Councilmember perceives a need to abstain provided that prior to the time that a Councilmember gives advice of an intent to abstain from an issue the Councilmember shall confer with the City Attorney to determine if thebasis forthe Councilmembers intended abstention conforms to the requirements of Section 9 If the intended abstention can be anticipated in advance the conference withthe City Attorney should occur prior to the meeting at which the subject matter would be coming before the City Council If that cannot be done the Councilmember should advise the City Council that heshe has an abstention question that heshe would want to review with the City Attorney in which case a brief recess would be afforded the Councilmember for that purpose 87 A motion may be withdrawn by the maker of the motion at any time without the consent of the Council 88 A motion to table is nondebatable and shall preclude all amendments or debates of the issue under consideration A motion to table is to be used in instances where circumstances or situations arise which necessitate the interruption of the Councilmembersconsideration of the matter then before them A motion to table if passed shallcausd the subject matter to be tabled until the interrupting circumstances or situations have been resolved or until a time certain if specified in the motion to table To remove anitem from the table in advance of the time certain requires a twothirds majority vote 89 A motion to postpone to a certain time is debatable is amendable and may be reconsidered at the same meeting The question being postponed must be considered at a later time atthe same meeting or to a time certain at a future Regular or Special City Council meeting 810 A motion to postpone indefinitely is debatable is not amendable and may be reconsidered at the same meeting only if it received an affirmative vote 811 A motion to call for the question shall closedebate on the main motion and is not debatable This motion mustreceive a second and fails without a twothirds vote debate is reopened if the motion fails 812 A motion to amend is defined asamending a motion thatis on the floor and has been seconded by inserting oradding striking out striking out and inserting or substituting 813 Motions that cannot be amended include Motion to adjourn lay on the table roll call vote point of order reconsideration and take from the table A motion to amend an amendmentis not in order 814 Amendments are voted on first then the main motion as amended if the amendment received an affirmative vote Page 12 AUBURN MORE THAN YOU IMAGINED RES.B 815 Debate of the motion only occurs after the motion has been moved and seconded 816 The Mayor City Attorney or City Clerk should repeat the motion prior to voting 817 The City Clerk will take a roll call vote if requested by the Mayor a Councilmember or as required by law 818 When a question has been decided any Councilmember who voted in the majority may move for reconsideration In order to afford Councilmembers who voted in the majority the potential basis for a motion fore reconsideration Councilmembers whovoted in the majority may inquire of Councilmembers who voted with the minority as to the reasons for aheir minority vote if not stated during debate priorto the vote 819 The City Attorney shall act as the Councils parliamentarian and shall decide all questions of interpretations of these rules which may arise at aCouncil meeting 820 These rules maybe amended or new rules adopted by a majority vote of the full Council See former ACC 206160 1957 code 104180 ACC 206170 1957 code 104190 ACC 206200 1957 code 104220 ACC 2062101957 code 104230 SECTION 9 VOTING 91 Voicevote A generalized verbal indication by the Council as a whole of yea or nay vote on a matter the outcome of which vote shall be recorded in the official minutes of the Council Silence ofa Councilmember during a voice vote shall be recorded as avotewith the prevailing side except where such a Councilmember abstains because of a stated conflict ofinterest or appearance of fairness 92 Roll call vote A roll call vote may be requested by the Mayor or by any Councilmember 93 Abstentions It is the responsibility of each Councilmember to vote when requested on a matter before the full Council However a Councilmember may abstain from discussion and voting on a question because of a stated conflict of interest or appearance of fairness 94 Votes by Mayor Except where prohibited by law the Mayor as Presiding Official shall be allowed to vote to break a tie vote See former ACC 206150 1957 code 104150 Page 13 AUBURN MORE THAN YOU IMAGINED RES.B SECTION 10 COMMENTS CONCERNS AND TESTIMONY TO COUNCIL 101 Persons addressing the Council who are not specifically scheduled on the agenda will be requested to step up to the podium give their name and address for the record and limit their remarks to three 3 minutes in addition to filling out the speaker signin sheet available at the City Clerks desk All remarks will be addressed to the Council as a whole The City Clerk shall serve as timekeeper The Presiding Officer may make exceptions to the time restrictions of persons addressing the Council when warranted in the discretion of the Presiding Officer 102 Any person making personal impertinent or slanderous remarks while addressing the Council shall be barredfrom further audience participation by the Presiding Officer unless permission to continue is granted by a majority vote of the Council See former ACC 206130 1957 code 104130 SECTION 11 PUBLIC HEARINGS AND APPEALS 111 Quasijudicial hearings require a decision be made by the Council using a certain process which may include a record of evidence considered and specific findings made The following procedure shall apply A The Department Director of the department most affected by the subject matter of the hearing or said Directors designee will present the Citys position and findings Staff will be available to respond to Council questions B The proponent spokesperson shall speak first andbe allowed 10 minutes Council may ask questions C The opponent spokesperson shall be allowed ten 10 minutes for presentation and Council may ask questions D Each side shall then be allowed five 5 minutes for rebuttal with the proponent spokesperson speaking first followed by the opponent spokesperson E The City Clerk shall serve as timekeeper during these hearings Page 14 AUBURN MORE THAN YOU IMAGINED RES.B F After each proponent and opponent spokesperson have used their speaking time Council may ask further questions of the speakers who shall be entitled to respond but limit their response to the question asked 112 Public hearings where a general audience is in attendance to present arguments for or against a public issue A The Department Director or designee shall present the issue to the Council and respond to questions B A person may speak for three 3 minutes No one may speak for a secornd time until everyone who wishesto speak has had anopportunity to speak The Presiding Officer may make exceptionto the time restrictions of persons speaking at a public hearing when warranted in the discretion of the PresidingOfficer C TheCity Clerk shall serve as timekeeper during these hearings D After the speaker has used their allotted time Council may ask questions of the speaker and the speaker mayrespond but may not engage in further debate E The hearing will then be closed to public participation and open for discussion among Councilrnembers F The Presiding Officer may exercise changes in the procedures at a particular meeting or hearing but the decision to do so may be overruled by a majority vote of the Council SECTION 12 DEPUTY MAYOR SEi ECTen i DanrcSS 121 Biennially at thefirst meeting of a new Council or periodically the members thereof by majority vote shall designate one of their members as Deputy Mayor for such period as the Council may specify The Deputy Mayor shall serve iR ahstenro n disabilityof the MaYEr 122 The Deputy Mayor shall perform the following duties IntraCouncil Relations Serve as an exofficio member ofall standing committees of the city council In particular serve as ex officio voting member of the Council Operations Committee if not already serving Assist in new councilmember training Supportcooperative and interactive relationships among council members Page 15 AuBURN MORE THAN YOU IMAGINED RES.B Work with Administration to prepare agendas for committee ofthe whole meetings MayorCouncil Relations Help maintain a positive and cooperative relationship between the mayor and the city council Act as conduit between the mayor and the city council on issues or concerns relating to their duties Intergovernmental and Community Relations Act in absence of mayor as requested andor as required Be aware of all city regional and intergovernmental policies and activities in order to be prepared tostep into the role of Mayor if necessary 422123 In the event of extended excused absences or disability of a Councilmember the remaining members by majority vote may appoint a Councilmember Pro Tempore to serve during the absence or disability See former ACC 206090 1957 code 104100 SECTION 13 COUNCIL POSITION VACANCY 131 In the event that an unexpired Council position becomes vacant the City Council has ninety90daysfrom the occurrence of the vacancy toappoint by majority vote of aquorum of the Council 4qualified person to fillthe vacancy pursuant to State law The Council may make such appointment at its next regular meeting or ata special meeting called forthat purpose If the Council does not appoint a person within the ninety 90 day period the Mayor may make the appointment from among the persons nominated by members of the Council SECTION 14 COUNCIL MEETING STAFFING 141 Department Directors shall attend all meetings of the Council unless excused 142 The City Attorney shall attend all meetings of the Council unless excused and shall upon request give an opinion either written or oral on legal questions The City Attorney shall act as the Councils parliamentarian The Assistant City Attorney shallattend meetings when the City Attorney has been excused See former ACC 206060 1957 code 104160 Page 16 AUBURN MORE THAN YOU IMAGINED 1 RES.B SECTION 15 COUNCIL RELATIONS WITH STAFF 151 There will be mutual respect from both City staff and Councilmembers of their respective roles and responsibilities when and if expressing criticism in a public meeting 152 City staff will acknowledge the Council as policy makers andthe Councilmembers will acknowledge City staff as administering the Councils policies 153 GRGilyyjemr shall he cuhmiol n nr maJo available n III 1 611111 111 01 LiRless other reasons PMGlude SUGh distFibutionj in w desgaeeIt is the intent of Council that all pertinent information asked for by individual Council members shall be made available tothe full Council 154 Individual Councilmembers shall not attempt to coerce or influence City staff in the selection of personnel the awarding of contracts the selection of consultants the process ing of development applications or the granting of City licenses or permits Councilmembers may at the request of the Mayor participate in discussions and decisions related to these matters Councilmembers who serve council committee overseeing the activities involved may with the consent of the Mayor and the committee chair participate in discussions related to these matters to give policy guidance and legislative direction 155 Other than through legislative action taken by the Council as a whole individual Councilmembers shall not attempt to Ghange nr interfere with the operating rules and practices of any City department 156 No individual Councilmember shall direct the Mayor to initiate any action or prepare any reportthat is significant in nature or initiate any project or study without the consent of a majority of the Council or being initiated through the Council Committee process 157 indiv0dual requests the MayeAll councilmember requests for information other than requests for legal advice from the City Attorneys Office shall bedirected through the Mayor in orderto assign the task to the proper staff Council committee chairs and the Deputy Mayor may work with the Mayors designated staff to prepare agendas and facilitate their committee work Page 17 AUBURN MORE THAN YOU IMAGINED RES.B 158 Councilmembers shall treatCity staffwithcourtesy and respect 159 Any written communication with staff shall also include the Mayor as a recipient SECTION 16 COUNCIL COMMITTEES AND CITIZEN ADVISORY BOARDS 161 The Standing Committees of the City Council of the City of Auburn are as follows A PUBLIC WORKS Makes recommendations to the City Council as a whole on policies relating to water and sanitary sewer utilities storm drainage streets and policy matters involving construction engineering rightofway use street vacation and equipment maintenance and operations This Committee will coordinate equipment rental and utility matters with the Finance Committee The Committee will serve as the Councils liaison for the Transportation Transit and Trails Committee and special transportation advisory committees B FINANCE In addition to the normal monitoring of thefinancial expenditures of the approved budget this Committee will make recommendations to the City Council as a whole on policies relating to human resources municipal court legal information services and City real property transactions including sale lease acquisition and donations This committee will coordinate property transactions with other appropriate Council Committees The Committee will serve as Councils liaison for the Tourism Board C PLANNING AND COMMUNITY DEVELOPMENT Makes recommendations to the City Council as a whole on policies relating to land useplanning and zoning code enforcement annexation building permits human services parks cultural arts andpublic art museum Mary Olson Farm communications and economicdevelopment TheCommittee will serve as the Councilsliaison forthe Arts Commission King County Library Urban Tree Board Parks and Recreation Board Planning Commission Human Services Committee Museum board and Multicultural Roundtable D MUNICIPAL SERVICES Makes recommendations to the City Council as a whole on policies relating to police animal control emergency planning community Page 18 AUBURN MORE THAN YOU IMAGINED RES.B services telecommunications solid waste airport senior center Auburn InternationalFarmers Market golf course and cemetery The Committee will serve as the Councils liaison for the Airport Advisory Board and Cemetery board E LES GOVE COMMUNITY CAMPUS COMMITTEE Makes recommendations to the City Council as a whole on policies relating to development and ongoing use of the Community Center and Activity Center facilities at Les Gove Community Campus F DOWNTOWN REDEVELOPMENT COMMITTEE Makes recommendations to the City Council as a whole on policies relating to development in the Downtown Urban Core downtown development agreements and operating policies The Committee will serve as the Councils liaison for the Auburn Downtown Association the Business Improvement Area Board and the Urban Core Task Force G COUNCIL OPERATIONS COMMITTEE There is created and established a Council Operations Committee for the city council the appointment duties and functions thereof to be as follows 1 Appointment Membership of the Council Operations Committee shall consist of4ee the Deputy Mayor and the two other Councilmem bers havingthe longest tenure on the City Council Longest tenure is to be calculated as the total length of consecutive service as a Councilmember The GOUGilmeh bey with he lepges ztenwreDeputy Mayor shall be the Chair of the Council Operations CommitteeIn the event two or more members have equal tenure the Chair and members of the CouncilOperations Committee shall be selected on the basis of the largest number of votes received at the most recent general elections in which the Councilmembers were respectively elected It Js provided however that Councilmembers whose term of office will expire prior to or during the first meeting of a new City Council and who havenot been re elected or appointed to another term of office extending beyond the first meeting of a new City Council shall not se on the nPA CWnGi QpeFatienc Gern 4tee eF be allowed to vote at Council on the approval of the membership of the new committees 2 Powers and Functions The function of the Council Operations Committee is to supervise the formation and membership of all standing committees of the City Council The Council Operations Committee shall subject to the approval of a majority of the entire City Council designate all of the standingcommittees of the City Council In addition the Council Page 19 AUBURN MORE THAN YOU IMAGINED RES.B Operations Committee shall biennially at the first meeting of a new City Council or periodically submit a list of the proposed members of all standing committees of the City Council for approval by a majority vote of the entire City CouncilThe Council Operations Committee shall also recommend the Chair for each standing committee of the City Council which recommendations shallalso be subject to approval by a majority vote of the entire City Council The membership of all standing committees of the City Council shall consist exclusively of Councilmembers Each chair of any standingcommittee of the City Council shall in the absence of a quorum at a meeting of hisher particular standing committee have the authority to appoint anonmember of the standing committee from the City Council to that standing committee for that meeting to create a quorum for that meeting or in the chairs absence the vicechairman shall be able to appoint another Councilmember to that particular committee in the absence of a quorum The function of the Council Operations Committee is also to propose amendments to the Rules ofProcedure of the City Council to the full City Council and to address issues relating to thewhole City Council and make recommendations for action by the full City Council relative to such issues The Council Operations Committee shall also evaluate and recommend to the whole City Council any actions responses or sanctions for violations by Councilmembers of these Rulesof Procedure which recommendation shall be considered voted andor acted upon by the City Council in the normal course 3 In cases of alleged misconduct or violations of the City Council Rules of Procedures ROP the person suspected of the alleged misconduct or violation of the ROP shall be afforded the opportunity to respond which opportunity shall be given with advance notice in an open meeting of the Council Operations Committee COC prior to the COC making any recommendations regarding censure or reprimand or other disciplinary action 4 Meeting Dates The Council Operations Committee shall meet biennially upon the seating of each new City Council or more often as needed See former ACC 206 220 Ord 4319 2 3 1989 Ord3937 1 1984 Ord 3606 1 1981 Ord 2786 1 1974 Ord 2745 1 1973 1957 code 104240 J 162 The Mayor or a majority of the City Council may establish such ad hoc committees as may be appropriate to consider special matters that require special approach or emphasis Such ad hoc committees may be established and matters referred to them at study sessions without the requirement that such establishment or referral take place at a regular City Council meeting The Mayor Page 20 AUBURN MORE THAN YOU IMAGINED RES.B shall appoint Council representatives to intergovernmental councils boards and committees including such ad hoc committees 163 Ad hoc council committees shall consider allII matters referred to them The chair of such ad hoc committee shall report to the City Council the findings of the committee Committees may refer items to the Council with no committee recommendation 164 Advisory Boards Committees and Commissions established by ordinance consisting of citizens appointed pursuant to the establishing Ordinance and serving in the capacity and for the purposes indicated in the Ordinance shall act as an advisory committee to the City Council 165 Committee Chairpersons shallhave broad discretion in conducting their meetings Theywill generally follow Roberts Rules of Order Newly Revised 166 Committee Chairpersons or a majority of the members of the Committee may allow audience participation that is related to the agenda item being discussed by the Committee and audience participation regarding subjects falling within the areas of responsibility of the Committee may come from any nonmember of the Committee including members of the City Council who are inattendance 167 Committee Chairpersons shall approve all agenda items and may at their discretion remove or add agenda items during the course of the meeting 168 Prior to publication of the agenda in which minutes are to be approved by the Committee the Committee Chairperson or the person who will be presiding over the meeting shall review the draft minutes of Committee meetings SECTION 17 COUNCIL REPRESENTATION INTERNAL COMMUNICATION 171 If a Councilmember appears on behalf of the City before another governmental agency a community organization or through the media for the purpose of commenting on an issue the Councilmember needs to state the majority position of the City Council if known on such issue Personal opinions and comments which differ from those of the Council majority may be expressed if the Councilmember clarifies that these statements do not represent the City Councils position 172 Councilmembers need to have other Councilmembers concurrence before representing another Councilmembers view or position with the media another government agency or community organization Page 21 AVBURN MORE THAN YOU IMAGINED RES.B 173 Councilmembers shall not knowingly communicate with an opposingparty or with an opposing attorney in connection with any pending or threatened litigation in which the City is a party or in connection with any disputed claim involving the City without the prior approval of the City Attorney unless the Councilmember is individually a partyto the litigation or is involved in the disputed claim separate from the Councilmembers role as a City official 174 Communication among Councilmembers shall conform to the following parameters A To assure that communication on agenda items occurs to the greatest extent possible at the public meetingsand to avoid even the perception that email isbeing used as sequential meetings Councilmembers should refrain from emailing Councilmembers about such agenda items Councilmembers should be prepared to communicate about matters that are on upcoming Committee agendas or Council agendas at the public meetings If Councilmembers wish to share information with other councilmembers about matters that are on upcoming agendas the councilmembers should forward that information to the Mayor for distribution in the committee or council meeting packets B Councilmembers may communicate via email to other Councilmembers including to a quorum of a Council committee or the full City Council about matters within the scope of the Committees authorityor related to City business but not yet scheduled on upcoming Committee or Council agendas to indicate a desire that certain items be included on upcoming meeting agendas provided that Councilmembers shall never ask for responses from theotherCouncilmembers inthat communication C Email communicationamong Councilmembers relating to City operations should alsoinclude the Mayor as a recipientaddressee D Councilmembers may email the Mayor about City business without limitations or restrictions 175 Internet Electronic ResourcesEquipment Use A Policy It is the policy of the City Council that Internet and electronic resources equipment use shall conform to and be consistent with the requirements of City of Auburn Administrative Policy and Procedure 500 03 Internet Electronic ResourcesEquipmentUse Elected Officials adopted hereby and incorporated herein by this reference It is important to note that all letters memoranda and interactive computer communication involving City Councilmembers and members of advisory boards and commissions the subject of which relates tothe conduct of Page 22 AUBURN MORE THAN YOU IMAGINED RES.B government or the performance of any governmental function with exceptions stated by the Public Records Act RCW 4256 are public records B Electronic Communications 1 Informal messages withno retention value and that do not relate to the functional responsibility of the recipient or sender as a public official such as meeting notices reminders telephone messages and informal notes do not constitute a public record Users should delete these messages once their administrative purpose Js served 2 All other messages that relate to the functional responsibility of the recipient or sender as a public official constitute a public record Such records are subject to public inspection and copying 3 Electronic communications that are intended to be shared among a quorum of the City Council or Council Committee whether concurrently or serially must be considered in light of the Open Public Meetings Act If the intended purpose of the electronic communication is to have adiscussion that should be held at an open meeting the electronic discussion shall not occur Further the use of electronic communication to form a collective decision of the Council shall not occur 4 Electronic communication should be used cautiously when seeking legal advice or to discuss matters of pending litigation or other confidential City business In general electronic communication is discoverable in litigation and even deleted electronic communication is not necessarily removed from the system Confidential electronic communications should not be shared with individuals other thanthe intended recipients or the attorneyclient privilege protecting the document from disclosure may be waived 5 Electronic communication between Councilmembers and between Councilmembers and staff shall not be transmitted to the public or news media without the filing of a public disclosure request with the City Clerk 6 As a cautionary note if an elected public official uses his or her personal home computer tosend electronic communications dealing with City business the electroniccommunications and electronic records may be subject to discovery demands and public disclosure requests That possibility amplifies the need for caution in how one uses electronic communication for City business Page 23 AUBURN MORE THAN YOU IMAGINED RES.B SECTION 18 TRAVEL AUTHORIZATION 181 In accordance with the City of Auburn travel policy approvals or expenditure of travel related costs andor approval of specific travel events or activities by Councilmembers beyond the authority provided in the travel policy shall be as follows the requesting Councilmember shall submit hisher request to expend travel related costs andor request for authorization for specific travel purposes to the Mayor to be included on an upcoming Council meeting agenda in advance of the dates of such expenditure or travel The City Council may pursuant to a motion approve the request by a majority vote of a quorum of the City Council at the meeting in which the matter is considered SECTION 19 CONFIDENTIALITY 191 Councilmembers shall keep confidential all written materials and verbal information provided to them during Executive Sessions to ensure that the Citys position is not compromised Confidentiality also includes information provided to Councilmembers outside of Executive Sessions when the information is considered by the exempt from disclosure under exemptions set forth in the Revised Code of Washington SECTION 20 ENFORCEMENT OF RULES OF PROCEDURE 2011 Councilmembers shall conform their conduct to the requirements standards and expectations set forth in these Rules of Procedure In addition to and notwithstanding whatever other enforcement mechanisms may exist for legal ethical or practical obligations on Councilmember performance or conduct violations of these Rules of Procedure by Councilmembers may be enforced by action of the City Council through sanctions such as votes of censure or letters of reprimand and such other action as may be permitted by law Page 24 AUBURN MORE THAN YOU IMAGINED RES.B City Council Rules of Procedure Adopted February 2 2004 Ordinance No 5802 Amended by Resolution No 4282 December 17 2007 Amended by Resolution No 4429 December 15 2008 Amended by Resolution No 4467 April 6 2009 Amended by Resolution No 4615 July 6 2010 Amended by Resolution No 4686 February 22 2011 Page 25 AUBURN MORE THAN YOU IMAGINED RES.B AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4741 Date: August 5, 2011 Department: Administration Attachments: Resolution Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4741. Background Summary: The Auburn City Council Operations Committee designates the formation and membership of the standing committees of the City Council, subject to approval of the City Council. At their meeting on August 4, 2011, the Council Operations Committee recommended changing the meeting schedule for the Municipal Services Committee and the Planning and Community Development Committee to better facilitate member attendance. The chairs of the committees concurred. Resolution No. 4741 effects the recommended changes. A3.7.1 Reviewed by Council Committees: Council Operations Committee Councilmember:Wagner Staff:Heid Meeting Date:August 15, 2011 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINEDRES.C RESOLUTION NO 4 7 41 A RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF AUBURN WASHINGTON AMENDING RESOLUTION NO 4670 PASSEDDECEMBER 20 2010 RELATING TO THE STANDING COMMITTEES OF THE CITY COUNCIL OF THE CITY OF AUBURN WHEREAS the Auburn City Council Operations Committee designates the formation and rnembership of the standing committees of the City Council subject to the approval of a majority of the City Council and WHEREAS the Council Operations Committeeconducted a meeting on August 4 2011 at which time the Committee approved changes to the meeting schedule for the Council standingcommittees and recommended the City CounciPs adoption of the same THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON IN A REGULAR MEETINGDULY ASSEMBLED HEREWITH RESOLVES AS FOLLOWS Section 1 Section 3 ofResolution No 4670 relating to the meeting schedule of the Council standing committees is amended as follows Section 3 Unless otherwise designated by the Chair the day and time of the meetingsof the Stariding Committees of the City Council of the City of Auburn shall be as follows A PUBLIC WORKS 330 PM Resolution No 4741 August 3 2011 Page 1RES.C First and third Mondays of each month B FI9VANCE COIVIIVIITTEE 600 PM First and third Mondays of each month C PLANNING AND COMMUNITY DEVELOPIIAENT COMMTITEE AA530 PM Second and fourth Mondays of each month D MUNICIPAL SERVICES COMMTITEE 330300 PM Second and fourth Mondays of each month E LES GOVE COIUIMUNITY CAMPUS COMMITTEE At such dates times and places as are identified by the Chair pursuant to the rules for special meetings F DOWNTOWN REDEVELOPMENT COlVIIVIITTEE 400 PM Second and fourth Tuesdays of each month G COUNCIL OPERATIONS COMMITTEE The Council Operations Committee shall meet biennially upon the seating of each new City Council or more often as needed H COMMITTEE OF TIiE WHOLE The Council Committee of the Whole shall meet whenever there is a fifth Monday in any month or as needed Resolution No 4741 August 3 2011 Page 2RES.C Section 2 The Mayor is hereby authorized o implement such administrative procedures as may be necessary to carry out the directives of this legislation Section 3 This Resolution shall take effect and be in full force and effect upon passageand signature hereon DATED and SIGNED this day of 2011 CITY OF AUBURN ATTEST PETER B LEWIS MAYOR Danielle E Daskam City Clerk APPR ED TO FORM D I B Heid City Attorney Resolution No 4741 August 3 2011 Page 3RES.C AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4742 Date: August 10, 2011 Department: Public Works Attachments: Exhibit A Vicinity Map Resolution No. 4742 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4742. Background Summary: The need for corridor improvements on Auburn Way South is recognized in Auburn's adopted Transportation Improvement Program. The City applied for and received a $740,830 state Pedestrian & Bicycle Safety Program grant through the Washington State Department of Transportation for walking and cycling route improvements for the Auburn Way South Corridor, from Dogwood Street SE to Fir Street SE. This state grant requires a $100,000 local match, which will be provided by the City. The City also received a $100,000 federal grant for this project, which does not require a local match. The grants will fund: 1.Design and construction of corridor improvements on Auburn Way South, from Dogwood Street SE to Fir Street SE, including a street lighting system, a landscaped median island, a designated mid-block crossing, relocation of existing utility poles to the back of the sidewalk, and ADA pedestrian push buttons and audible countdown pedestrian signal heads at the existing signalized intersection of Auburn Way South and Dogwood Street SE; and 2.A pedestrian safety educational campaign consisting of press releases, website features and targeted mailers to residences and businesses in the vicinity of the improvements; and 3. An enforcement component including increased police presence. AUBURN * MORE THAN YOU IMAGINEDRES.D Additional right-of-way may be required for the project. It is anticipated that the $100,000 federal grant will be expended during design, and that the remaining design and construction of the project will be funded with the $740,830 state grant and the $100,000 City funded local match. Resolution No. 4742 authorizes the Mayor to accept a state grant in the amount of $740,830 from the Washington State Department of Transportation for walking and cycling route improvements for the Auburn Way South Corridor, from Dogwood Street SE to Fir Street SE. O4.9.1 Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:August 15, 2011 Item Number:RES.D AUBURN * MORE THAN YOU IMAGINEDRES.D Highways and Local Programs State Funding Agreement Work by Public Agencies Agreement NumberMaximum Amount Authorized Participating PercentageProject Number This AGREEMENT is made and entered into this ________________ day of ___________________________, ________, between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, hereinafter called the “STATE,” and the above named organization, hereinafter called the “AGENCY.” WHEREAS, the AGENCY is planning the work shown above, and in connection therewith, the AGENCY has requested financial assistance for the project or program, and WHEREAS, the AGENCY has requested funds for the above shown project or program, which has been selected by the STATE for funding assistance. NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: Agency and Address Location and Description of Work (See also Exhibit “A”) DOT Form 140-087 EF Revised 9/00 City of Auburn 25 West Main Street Auburn, WA 98001 88.1%XXX-XXXX(XXX) LA-XXXX$740,830.00 This project will design and construct pedestrian improvements along Auburn Way South between Dogwood St SE and Fir St SE, including access management, a mid-block crossing & street lighting. Type of Work PE Right of Way Construction a. Agency b. Other d. State e. Total PE Cost Estimate (a+b+c+d) Consult. (non-participating) f. Agency g. Other i. State j. Total R/W Cost Estimate (f+g+h+i) k. Contract l. Other m. Other - Consultant o. Agency p. State q. Total CN Cost Estimate (k+l+m+n+o+p) r. Total Project Cost Estimate (e+j+q) Estimate of Funding c. Other h. Other n. Other 99,000.00 2,000.00 195,000.00 5,500.00 500.00 6,000.00 668,830.00 20,000.00 50,000.00 1,000.00 739,830.00 940,830.00 94,000.00 (1) Project Funds Estimated Total (3) State Funds Estimated 1,000.00 83,702.00 4,786.00 500.00 5,286.00 589,167.00 17,621.00 44,054.00 1,000.00 651,842.00 740,830.00 99,000.00 1,000.00 714.00 79,663.00 2,379.00 5,946.00 111,298.00 714.00 87,988.00 200,000.00 (2) Funds Estimated Agency 11,298.0082,702.00 EXHIBIT A RES.D V Nondiscrimination TheAGENCYagreestocomplywithallapplicablestateandfederallaws, rules,andregulationspertainingtonondiscriminationandagreesto requirethesameofallsubcontractorsprovidingservicesorperforming any work using funds provided under this AGREEMENT. VI Venue FortheconvenienceofthepartiestothisAGREEMENT,itisagreedthat anyclaimsand/orcausesofactionwhichtheAGENCYhasagainstthe STATE,growingoutofthisAGREEMENTortheprojectorprogramwith whichitisconcerned,shallbebroughtonlyintheSuperiorCourtfor TheSecretaryoftheDepartmentofTransportationmayterminatethis AGREEMENTifthefundingbecomesunavailableoriftheSecretary determines that it is in the best interest of the STATE. VII Termination Withinninety(90)daysfollowingthecompletionoftheprojectand submissionofthefinalbillingfortheproject,afinalreportand/orfinal inspectionshallbesubmittedtotheAssistantSecretaryforHighways& Local Programs containing the following information: VIII Final Report and Final Inspection Capital Projects 1.A description of the project or program. 2.A summary of actual costs of the project or program. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day and year last written below. DOT Form 140-087 EF Revised 9/00 By: AGENCY STATE Title: Date: Mayor By: Date: Assistant Secretary for Highways and Local Programs I General TheAGENCYagreestoperformtheabovedescribedworkinaccordance withtheProjectApplicationattachedheretoas“ExhibitA”andmadea part of this AGREEMENT. Plans,specifications,andcostestimatesshallbepreparedbythe AGENCYinaccordancewiththecurrentStateofWashingtonStandard SpecificationsforRoad,Bridge,andMunicipalConstructionandadopted designstandards,unlessotherwisenoted.TheAGENCYwillincorporate theplansandspecificationsintotheAGENCY’sprojectandthereafter advertisetheresultingprojectforbidand,assumingbidsarereceivedand acontractisawarded,administerthecontract,oriftheprojectisofasize whichtheAGENCYisauthorizedtoperformwithitsownforces underthe lawsoftheStateofWashington,theAGENCYmayproceedwithitsown III Audit AllworkperformedunderthisAGREEMENTshallcomplywiththe applicable provisions of state law. The AGENCY agrees that all costs in excess of the amount authorized and the AGENCY’s matching funds shall be the responsibility of the AGENCY. The AGENCY agrees that an audit may be conducted by the STATE. II Payment TheSTATE,inconsiderationofthefaithfulperformanceoftheworktobe performedbytheAGENCY,agreestoreimbursetheAGENCYforthe percentageoftheactualdirectandrelatedindirectcostof theworkshown above,uptothe“MAXIMUMAMOUNTAUTHORIZED”.Theagencywill complywithGovernmentalAccountingAuditingandFinancialReporting Standardsandapplicablestatelawandlocalregulations,policiesand procedures.Nopaymentwillbemadeforworkdonepriortoexecutionof this AGREEMENT. PartialpaymentsshallbemadebytheSTATE,uponrequestofthe AGENCY,tocovercostsincurred.Thesepaymentsarenottobe more frequentthanone(1)permonth.Itisagreedthatanysuchpartial paymentwillnotconstituteagreementastotheappropriatenessofany itemandthat,atthetimeofthefinalaudit,allrequiredadjustmentswillbe madeandreflectedinafinalpayment.TheAGENCYagreestosubmita finalbilltotheSTATEwithinforty-five(45)daysafterthe AGENCYhas Duringtheprogressoftheworkandforaperiodnotlessthanthree(3) yearsfromthedateoffinalpaymenttotheAGENCY,therecordsand accountspertainingtotheworkandaccountingthereofaretobekept availableforinspectionandauditbytheSTATEandcopiesof allrecords, accounts,documents,orotherdatapertainingtotheprojectwillbe furnisheduponrequest.Ifanylitigation,claim,orauditiscommenced, therecordsandaccountsalongwithsupportingdocumentationshallbe retaineduntilalllitigation,claim,orauditfindinghasbeenresolvedeven thoughsuchlitigation,claim,orauditcontinuespastthethree-year IV Legal Relations NoliabilityshallattachtotheAGENCYortheSTATEbyreason of entering into this AGREEMENT except as expressly provided herein. 3.Anevaluationoftheprojectorprogram.Thisshouldaddress aspects such as transportation and/or other benefits to the public. 1.A final inspection is required. Non-Capital Projects IX Supplement This agreement may be modified or supplemented only in writing by both parties. RES.D RES.D RESOLUTION NO 4742 A RESOLUTION OF THE CITY COUNCIL OF THECITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR TO ACCEPT A STATE GRANT FROM THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR THE AUBURN WAY SOUTH CORRIDOR IMPROVEMENTS DOGWOOD STREET SE TO FIR STREET SE WHEREAS the City desires to increase the safety of its transportation corridors and WHEREAS the need for corridor improvements on Auburn Way South is recognized in Auburns adopted Transportation Improvement Program and WHEREAS the City applied for and was granted a state Pedestrian and Bicycle Safety Program grant administered through the Washington State Department of Transportation WSDOT in the amount of 740830 to finance walking and cycling route improvements for the Auburn Way South Corridor from Dogwood Street SE to Fir Street SE including street lights a midblock crossing a landscaped median island accessible ramps pedestrian push buttons and audible countdown pedestrian signal heads education and enforcement activities and WHEREAS the 740830 federal grant consists of 734750 for design and construction 2000 for education and 4080 for enforcement activities and Resolution No 4742 August 9 2011 Page 1 RES.D WHEREAS the 740830 grant requires a local match of 100000 which willbe contributed by the City and WHEREAS the City applied for and was granted a federal grant in the amount of 100000 which does not require a local match the purpose of which is to supplement the 740830 state Pedestrian and Bicycle Safety Program grant to finance walking and cycling route improvements for the Auburn Way South Corridor from Dogwood Street SE to Fir Street SE and WHEREAS it is in thebest interest of the City to use grant monies to finance safety improvements to the transportation system NOW THEREFORE THE CITY COUNCIL OF THECITY OF AUBURN WASHINGTON HEREBY RESOLVES as follows Section 1 That the Mayor is hereby authorized to accept the Washington State Department of Transportation state grant for 740830 for the Auburn Way South Corridor Improvements Dogwood Street SE to Fir Street i SE with local matching funds of 100000 from the City In addition the Mayor a is hereby authorized to execute a State Funding Agreement between the City and the Washington State Department of Transportation in substantial conformity with the agreement attached hereto marked as Exhibit A and i i incorporate d herein by this reference Also the Mayor is hereby authorized to I Resolution No 4742 August 9 2011 Page 2 i i RES.D execute any further necessary supplemental agreements for the Project expending up to the total amount of the grant of 740830 Section 2 The Mayor is hereby authorized to implement such other 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 j PETER B LEWIS MAYOR ATTEST i j DanielleE Daskam i City Clerk i APP VED AS TO FORM F I aniel B Heid City Attorney Resolution No 4742 August 9 2011 Page 3 f RES.D AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4743 Date: August 10, 2011 Department: Public Works Attachments: Resolution No. 4743 Resolution No. 4743 Exhibit A Vicinity Map Budget Impact: $0 Administrative Recommendation: City Coucil adopt Resolution No. 4743. Background Summary: The need for corridor improvements on Auburn Way South is recognized in Auburn's adopted Transportation Improvement Program. The City applied for and received a $100,000 federal grant to be administered through the Washington State Department of Transportation for walking and cycling route improvements for the Auburn Way South Corridor, from Dogwood Street SE to Fir Street SE. The federal grant does not require a local match. The City also received a $740,830 state Pedestrian & Bicycle Safety Program grant for this project, which requires a $100,000 local match that will be provided by the City. The grants will fund: 1.Design and construction of corridor improvements on Auburn Way South, from Dogwood Street SE to Fir Street SE, including a street lighting system, a landscaped median island, a designated mid-block crossing, relocation of existing utility poles to the back of the sidewalk, and ADA pedestrian push buttons and audible countdown pedestrian signal heads at the existing signalized intersection of Auburn Way South and Dogwood Street SE; and 2.A pedestrian safety educational campaign consisting of press releases, website features and targeted mailers to residences and businesses in the vicinity of the improvements; and 3.An enforcement component including increased police presence. Additional right- of-way may be required for the project. AUBURN * MORE THAN YOU IMAGINEDRES.E It is anticipated that the $100,000 federal grant will be expended during design, and that the remaining design and construction of the project will be funded with the $740,830 state grant and the $100,000 City funded local match. Resolution No. 4743 authorizes the Mayor to accept a federal grant in the amount of $100,000 to be administered through the Washington State Department of Transportation for walking and cycling route improvements for the Auburn Way South Corridor, from Dogwood Street SE to Fir Street SE. O4.9.1, F5.4 Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:August 15, 2011 Item Number:RES.E AUBURN * MORE THAN YOU IMAGINEDRES.E RESOLUTION NO 4743 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR TO ACCEPT A FEDERAL GRANT TO BE ADMINISTERED THROUGH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR THE AUBURN WAY SOUTH CORRIDOR IMPROVEMENTS DOGWOOD STREET SE TO FIR STREET SE WHEREAS the City desires to increase the safety of its transportation corridors and WHEREAS the need for corridor improvements on Auburn Way South is recognized in Auburns adopted Transportation Improvement Program and WHEREAS the City applied for and was granted a federal grant to be administered through the Washington State Department of Transportation WSDOT in the amount of 100000 to finance walking and cycling route improvements for the Auburn Way South Corridor from Dogwood Street SE to Fir Street SE including street lights a midblock crossing a landscaped median island accessible ramps pedestrian push buttons and audible countdown pedestrian signal heads education and enforcement activities and WHEREAS the 100000 federal grant does not require a local match and Resolution No 4743 August 9 2011 Page 1 of 3 RES.E WHEREAS the City applied for and was granted a state Pedestrian and Bicycle Safety Program grant through the WSDOT in the amount of 740830 which requires a 100000 local match which will be provided by the City and WHEREAS purpose of the 100000 federal grant is to supplement the 740830 state Pedestrian and Bicycle Safety Program grant to finance walking and cycling route improvements for the Auburn Way South Corridor from Dogwood Street SE to Fir Street SE and WHEREAS it is in the best interest of the City to use grant monies to finance safety improvements to the transportation system NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON HEREBY RESOLVES as follows Section 1 That the Mayor is hereby authorized to accept the Washington State Department of Transportation federal grant for 100000 for the Auburn Way South Corridor Improvements Dogwood Street SE to Fir Street SE with no local match funds required In addition the Mayor is hereby authorized to execute a Local Agency Agreement between the City and Washington State Department of Transportation in substantial conformity with the agreement attached hereto marked as Exhibit A and incorporated herein by this reference Also the Mayor is hereby authorized to execute any further Resolution No 4743 August 9 2011 Page 2 of 3 RES.E necessary supplemental agreements for the Project expending up to the total amount of the grant of 100000 Section 2 The Mayor is hereby authorized to implement such other 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 APPROVED AS TO FORM i e I B Heid City Attorney Resolution No 4743 August 9 2011 Page 3 of 3 RES.E ----------------------------- Resolution No. 4743 August 9, 2011 Page 1 of 3 RESOLUTION NO. 4743 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO ACCEPT A FEDERAL GRANT TO BE ADMINISTERED THROUGH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR THE AUBURN WAY SOUTH CORRIDOR IMPROVEMENTS, DOGWOOD STREET SE TO FIR STREET SE WHEREAS, the City desires to increase the safety of it’s transportation corridors; and WHEREAS, the need for corridor improvements on Auburn Way South is recognized in Auburn’s adopted Transportation Improvement Program; and WHEREAS, the City applied for and was granted a federal grant to be administered through the Washington State Department of Transportation (WSDOT) in the amount of $100,000 to finance walking and cycling route improvements for the Auburn Way South Corridor, from Dogwood Street SE to Fir Street SE, including street lights, a mid-block crossing, a landscaped median island, accessible ramps, pedestrian push buttons and audible countdown pedestrian signal heads, education, and enforcement activities; and WHEREAS, the $100,000 federal grant does not require a local match; and RES.E ----------------------------- Resolution No. 4743 August 9, 2011 Page 2 of 3 WHEREAS, the City applied for and was granted a state Pedestrian and Bicycle Safety Program grant through the WSDOT in the amount of $740,830, which requires a $100,000 local match which will be provided by the City; and WHEREAS, purpose of the $100,000 federal grant is to supplement the $740,830 state Pedestrian and Bicycle Safety Program grant to finance walking and cycling route improvements for the Auburn Way South Corridor, from Dogwood Street SE to Fir Street SE; and WHEREAS, it is in the best interest of the City to use grant monies to finance safety improvements to the transportation system. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to accept the Washington State Department of Transportation federal grant for $100,000 for the Auburn Way South Corridor Improvements, Dogwood Street SE to Fir Street SE, with no local match funds required. In addition, the Mayor is hereby authorized to execute a Local Agency Agreement between the City and Washington State Department of Transportation in substantial conformity with the agreement attached hereto, marked as Exhibit A and incorporated herein by this reference. Also, the Mayor is hereby authorized to execute any further RES.E ----------------------------- Resolution No. 4743 August 9, 2011 Page 3 of 3 necessary supplemental agreements for the Project, expending up to the total amount of the grant of $100,000. Section 2. The Mayor is hereby authorized to implement such other 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 APPROVED AS TO FORM: _____________________ Daniel B. Heid, City Attorney RES.E Local Agency Agreement Agency Official Washington State Department of Transportation By Title Date Executed By Director of Highways and Local Programs Agency Address City of Auburn 25 West Main Street Auburn, WA 98001 TheLocalAgencyhavingcomplied,orherebyagreeingtocomply,withthetermsandconditionssetforthin(1)Title23,U.S.CodeHighways,(2) theregulationsissuedpursuantthereto,(3)OfficeofManagementandBudget CircularsA-102,A-87andA-133,(4)thepoliciesandprocedures promulgatedbytheWashingtonStateDepartmentofTransportation,and(5)thefederalaidprojectagreemententeredintobetweentheStateand FederalGovernment,relativetotheaboveproject,theWashingtonStateDepartmentofTransportationwillauthorizetheLocalAgencytoproceedon theprojectbyaseparatenotification.Federalfundswhich aretobeobligatedfortheprojectmaynotexceedtheamountshownhereinonliner, column3,withoutwrittenauthoritybytheState,subjectto theapprovaloftheFederalHighwayAdministration.Allprojectcostsnotreimbursedby the Federal Government shall be the responsibility of the Local Agency. Project Description Description of Work Name Length Termini Auburn Way South Corridor Improvements Phase 1 0.14 mile Auburn Way South (SR-164), between Dogwood Street SE to Fir Street SE Type of Work Estimate of Funding (1)(2)(3) PE Right of Way Construction a. Agency b. Other d. State e. Total PE Cost Estimate (a+b+c+d) Consultant 99,000.00 2,000.00 195,000.00 f. Agency g. Other i. State j. Total R/W Cost Estimate (f+g+h+i) k. Contract l. Other m. Other o. Agency p. State q. Total CN Cost Estimate (k+l+m+n+o+p) r. Total Project Cost Estimate (e+j+q)195,000.00 99,000.00 1,000.001,000.00 95,000.00100,000.00 Federal Funds Estimated Funds Estimated Agency Project Funds Estimated Total 1 This project will design and construct pedestrian improvements along Auburn Way South between Dogwood St SE and Fir St SE that are consistent with WSDOT’s SR-164 Route Development Plan. This project includes sidewalk improvements, access management including a median island, a mid-block pedestrian crossing, street lighting, and upgrading the signal at Dogwood Street SE to countdown pedestrian signal heads and ADA compliant push buttons. 95,000.00100,000.00 For OSC WSDOT Use Only Project No. Agreement No. CFDA No. 20.205 Federal Aid Participation Ratio for PE Federal Aid Participation Ratio for RW Federal Aid Participation Ratio for CN 100 % % % (Catalog of Federal Domestic Assistance) Peter B. Lewis, Mayor Agency (non-participating)94,000.0094,000.00 h. Other c. Other n. Other DOTForm 140-039 EF Revised 05/09 EXHIBIT A RES.E Construction Method of Financing (Check Method Selected) State Ad and Award Method A - Advance Payment - Agency Share of total construction cost (based on contract award) Method B - Withhold from gas tax the Agency's share of total construction cost (line 4, column 2) in the amount of $at $per month formonths. Local Force or Local Ad and Award Method C - Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on August 15 2011,, Resolution/Ordinance No.Resolution No. 4743 2 Provisions CertaintypesofworkandservicesshallbeprovidedbytheStateonthis projectasrequestedbytheAgencyanddescribedintheTypeofWorkabove. Inaddition,theStatewillfurnishqualifiedpersonnelfor thesupervisionand inspectionoftheworkinprogress.OnLocalAgencyadvertisedandawarded projects,thesupervisionandinspectionshallbelimitedtoensuringallworkis inconformancewithapprovedplans,specifications,andfederalaid requirements.Thesalaryofsuchengineerorothersupervisorandallother salariesandcostsincurredbyStateforcesupontheproject willbeconsidereda costthereof.AllcostsrelatedtothisprojectincurredbyemployeesoftheState inthecustomarymanneronhighwaypayrollsandvouchersshallbechargedas costs of the project. I. Scope of Work TheAgencyshallprovideallthework,labor,materials,and services necessarytoperformtheprojectwhichisdescribedandsetforthindetailinthe “Project Description” and “Type of Work.” WhentheStateactsforandonbehalfoftheAgency,theStateshallbe deemedanagentoftheAgencyandshallperformtheservicesdescribedand indicatedin“TypeofWork”onthefaceofthisagreement,inaccordancewith plansandspecificationsasproposedbytheAgencyandapprovedbytheState and the Federal Highway Administration. WhentheStateactsfortheAgencybutisnotsubjecttotherightofcontrol bytheAgency,theStateshallhavetherighttoperformtheworksubjecttothe ordinary procedures of the State and Federal Highway Administration. II. Delegation of Authority TheStateiswillingtofulfilltheresponsibilitiestotheFederalGovernment bytheadministrationofthisproject.TheAgencyagreesthattheStateshall havethefullauthoritytocarryoutthisadministration.TheStateshallreview, process,andapprovedocumentsrequiredforfederalaidreimbursementin accordancewithfederalrequirements.IftheStateadvertisesandawardsthe contract,theStatewillfurtheractfortheAgencyinallmattersconcerningthe projectasrequestedbytheAgency.IftheLocalAgencyadvertisesandawards theproject,theStateshallreviewtheworktoensureconformitywiththe approved plans and specifications. III. Project Administration IV. Availability of Records Allprojectrecordsinsupportofallcostsincurredandactualexpenditures keptbytheAgencyaretobemaintainedinaccordancewithlocalgovernment accountingproceduresprescribedbytheWashingtonStateAuditor’sOffice,the U.S.DepartmentofTransportation,andtheWashingtonStateDepartmentof Transportation.TherecordsshallbeopentoinspectionbytheStateandFederal Governmentatallreasonabletimesandshallberetainedand madeavailablefor suchinspectionforaperiodofnotlessthanthreeyearsfrom thefinalpayment ofanyfederalaidfundstotheAgency.Copiesofsaidrecordsshallbe furnished to the State and/or Federal Government upon request. TheAgencyagreesthatonfederalaidhighwayconstructionprojects,the currentfederalaidregulationswhichapplytoliquidateddamagesrelativeto thebasisoffederalparticipationintheprojectcostshall beapplicableinthe event the contractor fails to complete the contract within the contract time. V. Compliance with Provisions TheAgencyshallnotincuranyfederalaidparticipationcostsonany classificationofworkonthisprojectuntilauthorizedinwritingbytheStatefor each classification. The classifications of work for projects are: 1. Preliminary engineering. 2. Right of way acquisition. 3. Project construction. Intheeventthatrightofwayacquisition,oractualconstructionoftheroad, forwhichpreliminaryengineeringisundertakenisnotstartedbytheclosingof thetenthfiscalyearfollowingthefiscalyearinwhichtheagreementis executed,theAgencywillrepaytotheStatethesumorsumsof federalfunds paid to the Agency under the terms of this agreement (see Section IX). TheAgencyagreesthatallstagesofconstructionnecessary toprovidethe initiallyplannedcompletefacilitywithinthelimitsofthisprojectwillconform toatleasttheminimumvaluessetbyapprovedstatewidedesignstandards applicabletothisclassofhighways,eventhoughsuchadditionalworkis financed without federal aid participation. VI. Payment and Partial Reimbursement Thetotalcostoftheproject,includingallreviewandengineeringcostsand otherexpensesoftheState,istobepaidbytheAgencyandbytheFederal Government.Federalfundingshallbeinaccordancewiththe Federal TransportationAct,asamended,andOfficeofManagementandBudget circularsA-102,A-87andA-133.TheStateshallnotbeultimatelyresponsible foranyofthecostsoftheproject.TheAgencyshallbeultimatelyresponsible forallcostsassociatedwiththeprojectwhicharenotreimbursedbythe FederalGovernment.Nothinginthisagreementshallbeconstruedasa promisebytheStateastotheamountornatureoffederalparticipationinthis project. TheAgencyshallbillthestateforfederalaidprojectcosts incurredin conformitywithapplicablefederalandstatelaws.Theagencyshallminimize thetimeelapsedbetweenreceiptoffederalaidfundsandsubsequentpayment ofincurredcosts.ExpendituresbytheLocalAgencyformaintenance,general administration,supervision,andotheroverheadshallnot beeligibleforfederal participationunlessacurrentindirectcostplanhasbeenpreparedin accordancewiththeregulationsoutlinedinthefederalOfficeofManagement & Budget (OMB) circular A-87, and retained for audit. TheStatewillpayforStateincurredcostsontheproject.Following payment,theStateshallbilltheFederalGovernmentforreimbursementof thosecostseligibleforfederalparticipationtotheextentthatsuchcostsare attributableandproperlyallocabletothisproject.TheStateshallbillthe AgencyforthatportionofStatecostswhichwerenotreimbursedbythe Federal Government (see Section IX). 1. Project Construction Costs Projectconstructionfinancingwillbeaccomplishedbyone ofthethree methods as indicated in this agreement. DOTForm 140-039 EF Revised 05/09 RES.E DOTForm 140-039 EF Revised 05/09 3 TheStateshallbilltheAgencyforallcostsincurredbytheStaterelativeto theproject.TheStateshallalsobilltheAgencyforthefederalfundspaidbythe StatetotheAgencyforprojectcostswhicharesubsequently determinedtobe ineligible for federal participation (see Section IX). MethodA –TheAgencywillplacewiththeState,within(20)daysafter the executionoftheconstructioncontract,anadvanceintheamountofthe Agency’sshareofthetotalconstructioncostbasedonthecontractaward.The StatewillnotifytheAgencyoftheexactamounttobedepositedwiththeState. TheStatewillpayallcostsincurredunderthecontractupon presentationof progressbillingsfromthecontractor.Followingsuchpayments,theStatewill submitabillingtotheFederalGovernmentforthefederalaidparticipation shareofthecost.Whentheprojectissubstantiallycompletedandfinalactual costsoftheprojectcanbedetermined,theStatewillpresenttheAgencywitha finalbillingshowingtheamountduetheStateortheamountduetheAgency. ThisbillingwillbeclearedbyeitherapaymentfromtheAgencytotheStateor by a refund from the State to the Agency. MethodB –TheAgency’sshareofthetotalconstructioncostasshownon thefaceofthisagreementshallbewithheldfromitsmonthly fueltax allotments.Thefaceofthisagreementestablishesthemonthsinwhichthe withholdingshalltakeplaceandtheexactamounttobewithheldeachmonth. TheextentofwithholdingwillbeconfirmedbyletterfromtheStateatthetime ofcontractaward.Uponreceiptofprogressbillingsfromthecontractor,the StatewillsubmitsuchbillingstotheFederalGovernmentforpaymentofits participating portion of such billings. MethodC –TheAgencymaysubmitvoucherstotheStateintheformat prescribedbytheState,induplicate,notmorethanonceper monthforthose costseligibleforFederalparticipationtotheextentthat suchcostsaredirectly attributableandproperlyallocabletothisproject.ExpendituresbytheLocal Agencyformaintenance,generaladministration,supervision,andother overheadshallnotbeeligibleforFederalparticipationunlessclaimedundera previously approved indirect cost plan. TheStateshallreimbursetheAgencyfortheFederalshareof eligibleproject costsuptotheamountshownonthefaceofthisagreement.Atthetimeof audit,theAgencywillprovidedocumentationofallcostsincurredonthe project. TheAgency,ifservicesofaconsultantarerequired,shallberesponsiblefor auditoftheconsultant’srecordstodetermineeligiblefederalaidcostsonthe project.ThereportofsaidauditshallbeintheAgency’sfilesandmade available to the State and the Federal Government. VII. Audit of Federal Consultant Contracts AnauditshallbeconductedbytheWSDOTInternalAuditOfficein accordancewithgenerallyacceptedgovernmentalauditing standardsasissued bytheUnitedStatesGeneralAccountingOfficebythe ComptrollerGeneralof theUnitedStates;WSDOTManualM27-50,ConsultantAuthorization, Selection,andAgreementAdministration;memorandaofunderstanding betweenWSDOTandFHWA;andOfficeofManagementandBudget Circular A-133. Ifuponaudititisfoundthatoverpaymentorparticipationoffederalmoney inineligibleitemsofcosthasoccurred,theAgencyshallreimbursetheStatefor the amount of such overpayment or excess participation (see Section IX). TheAgencyagreesthatifpaymentorarrangementforpayment ofanyofthe State’sbillingrelativetotheproject(e.g.,Stateforcework,projectcancellation, overpayment,costineligibleforfederalparticipation,etc.)isnotmadetothe Statewithin45daysaftertheAgencyhasbeenbilled,theStateshalleffect reimbursementofthetotalsumduefromtheregularmonthlyfueltax allotmentstotheAgencyfromtheMotorVehicleFund.NoadditionalFederal projectfundingwillbeapproveduntilfullpaymentisreceivedunlessotherwise directed the Director of Highways and Local Programs. IX. Payment of Billing TheAgencywillnotpermitanychangestobemadeintheprovisionsfor parkingregulationsandtrafficcontrolonthisprojectwithoutpriorapprovalof theStateandFederalHighwayAdministration.TheAgencywillnotinstallor permittobeinstalledanysigns,signals,ormarkingsnotin conformancewith thestandardsapprovedbytheFederalHighwayAdministrationandMUTCD. TheAgencywill,atitsownexpense,maintaintheimprovementcoveredby this agreement. X. Traffic Control, Signing, Marking, and Roadway Maintenance TheAgencyshallholdtheFederalGovernmentandtheStateharmlessfrom andshallprocessanddefendatitsownexpenseallclaims,demands,orsuits, whetheratlaworequitybroughtagainsttheAgency,State,orFederal Government,arisingfromtheAgency’sexecution,performance,orfailureto performanyoftheprovisionsofthisagreement,orofanyotheragreementor contractconnectedwiththisagreement,orarisingbyreasonofthe participationoftheStateorFederalGovernmentintheproject,PROVIDED, nothinghereinshallrequiretheAgencytoreimbursetheStateortheFederal Governmentfordamagesarisingoutofbodilyinjurytopersonsordamageto propertycausedbyorresultingfromthesolenegligenceoftheFederal Government or the State. XI. Indemnity No liability shall attach to the State or Federal Government except as expressly provided herein. TheAgencyherebyagreesthatitwillincorporateorcauseto be incorporatedintoanycontractforconstructionwork,ormodificationthereof, asdefinedintherulesandregulationsoftheSecretaryofLaborin41 CFR Chapter60,whichispaidforinwholeorinpartwithfundsobtainedfromthe FederalGovernmentorborrowedonthecreditoftheFederalGovernment pursuanttoagrant,contract,loan,insurance,orguaranteeorunderstanding pursuanttoanyfederalprograminvolvingsuchgrant,contract,loan,insurance, orguarantee,therequiredcontractprovisionsforFederal-Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. XII. Nondiscrimination Provision TheAgencyfurtheragreesthatitwillbeboundbytheaboveequal opportunityclausewithrespecttoitsownemploymentpracticeswhenit participatesinfederallyassistedconstructionwork:Provided,thatifthe applicantsoparticipatingisaStateorLocalGovernment,theaboveequal opportunityclauseisnotapplicabletoanyagency,instrumentality,or subdivisionofsuchgovernmentwhichdoesnotparticipateinworkonorunder the contract. The Agency also agrees: (1)ToassistandcooperateactivelywiththeStateinobtainingthe complianceofcontractorsandsubcontractorswiththeequalopportunityclause and rules, regulations, and relevant orders of the Secretary of Labor. (2)TofurnishtheStatesuchinformationasitmayrequireforthe supervisionofsuchcomplianceandthatitwillotherwiseassisttheStateinthe discharge of its primary responsibility for securing compliance. (3)Torefrainfromenteringintoanycontractorcontractmodification subjecttoExecutiveOrder11246ofSeptember24,1965,with acontractor debarredfrom,orwhohasnotdemonstratedeligibilityfor,government contractsandfederallyassistedconstructioncontractspursuanttothe Executive Order. (4)Tocarryoutsuchsanctionsandpenaltiesforviolationoftheequal opportunityclauseasmaybeimposeduponcontractorsandsubcontractorsby theState,FederalHighwayAdministration,ortheSecretaryofLaborpursuant to Part II, subpart D of the Executive Order. TheAgency,asasubrecipientoffederalfunds,shalladhere tothefederal OfficeofManagementandBudget(OMB)CircularA-133aswellasall applicablefederalandstatestatutesandregulations.Asubrecipientwho expends$500,000ormoreinfederalawardsfromallsourcesduringagiven fiscalyearshallhaveasingleorprogram-specificauditperformedforthatyear inaccordancewiththeprovisionsofOMB CircularA-133.Uponconclusionof theA-133audit,theAgencyshallberesponsibleforensuringthatacopyofthe report is transmitted promptly to the State. VIII. Single Audit Act TheAgencyshallnotdiscriminateonthebasisofrace,color,national origin,orsexintheawardandperformanceofanyUSDOT-assistedcontract and/oragreementorintheadministrationofitsDBEprogram orthe requirementsof49 CFRPart26.TheAgencyshalltakeallnecessaryand reasonablestepsunder49 CFRPart26toensurenondiscriminationinthe awardandadministrationofUSDOT-assistedcontractsandagreements.The WSDOT’sDBEprogram,asrequiredby49 CFRPart26andasapprovedby USDOT,isincorporatedbyreferenceinthisagreement.Implementationof thisprogramisalegalobligationandfailuretocarryoutitstermsshallbe treatedasaviolationofthisagreement.Uponnotification totheAgencyofits failuretocarryoutitsapprovedprogram,theDepartmentmayimpose sanctionsasprovidedforunderPart26andmay,inappropriatecases,referthe matterforenforcementunder18U.S.C.1001and/ortheProgramFraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). RES.E 4 TheSecretaryoftheWashingtonStateDepartmentofTransportationmay terminate the contract in whole, or from time to time in part, whenever: XIV. Termination for Public Convenience (1)Therequisitefederalfundingbecomesunavailablethroughfailureof appropriation or otherwise. (2)Thecontractorispreventedfromproceedingwiththeworkasadirect resultofanExecutiveOrderofthePresidentwithrespectto theprosecutionof warorintheinterestofnationaldefense,oranExecutiveOrderofthePresident or Governor of the State with respect to the preservation of energy resources. (3)Thecontractorispreventedfromproceedingwiththeworkbyreasonof apreliminary,special,orpermanentrestrainingorderofa courtofcompetent jurisdictionwheretheissuanceofsuchorderisprimarilycausedbytheactsor omissions of persons or agencies other than the contractor. (4) The Secretary determines that such termination is in the best interests of the State. Fortheconvenienceofthepartiestothiscontract,itisagreedthatany claimsand/orcausesofactionwhichtheLocalAgencyhasagainsttheStateof Washington,growingoutofthiscontractortheprojectwith whichitis concerned, shall be brought only in the Superior Court for Thurston County. XV. Venue for Claims and/or Causes of Action Theapprovingauthoritycertifies,tothebestofhisorherknowledgeand belief, that: XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying (1)Nofederalappropriatedfundshavebeenpaidorwillbepaid,byoron behalfoftheundersigned,toanypersonforinfluencingorattemptingto influenceanofficeroremployeeofanyfederalagency,amemberof Congress, anofficeroremployeeof Congress,oranemployeeofamemberof Congress inconnectionwiththeawardingofanyfederalcontract,the makingofany federalgrant,themakingofanyfederalloan,theenteringintoofany cooperativeagreement,andtheextension,continuation,renewal,amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2)Ifanyfundsotherthanfederalappropriatedfundshavebeenpaidorwill bepaidtoanypersonforinfluencingorattemptingtoinfluenceanofficeror employeeofanyfederalagency,amemberof Congress,anofficeroremployee of Congress,oranemployeeofamemberof Congressinconnectionwiththis federalcontract,grant,loan,orcooperativeagreement,theundersignedshall completeandsubmittheStandardForm-LLL,“DisclosureFormtoReport Lobbying,” in accordance with its instructions. (3)Theundersignedshallrequirethatthelanguageofthiscertificationbe includedintheawarddocumentsforallsubawardsatalltiers(including subgrants,andcontractsandsubcontractsundergrants,subgrants,loans,and cooperativeagreements)whichexceed$100,000,andthatallsuch subrecipients shall certify and disclose accordingly. Thiscertificationisamaterialrepresentationoffactuponwhichreliance wasplacedwhenthistransactionwasmadeorenteredinto.Submissionofthis certificationasaprerequisiteformakingorenteringinto thistransaction imposedbySection1352,Title31,U.S.Code.Anypersonwhofailstofilethe requiredcertificationshallbesubjecttoacivilpenaltyofnotlessthan$10,000 and not more than $100,000 for each such failure. Additional Provisions Inaddition,theAgencyagreesthatifitfailsorrefusestocomplywiththese undertakings, the State may take any or all of the following actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b)RefrainfromextendinganyfurtherassistancetotheAgencyunderthe programwithrespecttowhichthefailureorrefusaloccurreduntilsatisfactory assurance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate legal proceedings. TheAgencyherebyagreesthattheliquidateddamagesprovisionsof23 CFR Part635,Subpart127,assupplemented,relativetotheamountofFederal participationintheprojectcost,shallbeapplicableintheeventthecontractor failstocompletethecontractwithinthecontracttime.Failuretoinclude liquidateddamagesprovisionwillnotrelievetheAgencyfromreductionof federal participation in accordance with this paragraph. XIII. Liquidated Damages DOTForm 140-039 EF Revised 05/09 RES.E RES.E AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4744 Date: August 10, 2011 Department: Public Works Attachments: Resolution No. 4744 Attachment A Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council adopt Reolution No. 4744. Background Summary: Resolution No. 4744 authorizes the Mayor to grant an easement to Puget Sound Energy, Inc. (PSE) for the purpose of relocating existing PSE utilities to a City owned parcel for the South Division Street Promenade Project. This will allow the deactivation of approximately 700 linear feet of existing PSE utilities along South Division Street and within an alley. O4.9.1 CP1005 Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:August 15, 2011 Item Number:RES.F AUBURN * MORE THAN YOU IMAGINEDRES.F RESOLUTION NO 4744 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR TO GRANT AN EASEMENT TO PUGET SOUND ENERGY FOR THE PURPOSE OF RELOCATING UTILITIES FOR THE SOUTH DIVISION STREET PROMENADEPROJECT CP1005 WHEREAS the City is committed to constructing project CP1005 South Division Street Promenade Project hereinafter referred to as the Project and WHEREAS Puget Sound Energy Inc has existing gas facilities located in an alley in the vicinity of the Project which will have to be deactivated and relocated to accommodate the Project and 1 WHEREAS Puget Sound Energy Inc requires an easement to construct and maintain gas lines to serve existing customers through City owned i property and i WHEREAS there is mutual benefit to the City and Puget Sound Energy Inc in establishing the easement as existing gas lines can be deactivated to accommodate construction of the Project and allows existing customers to continue to be served NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN KING COUNTY WASHINGTON HEREBY RESOLVES as follows Section 1 The Mayor is authorized to grant to Puget Sound Energy l Inc and record with the offices of the King County Recorder the easement in Resolution No 4744 August 9 2011 Page 1 of 2 RES.F substantially the same form as described in Attachment A attached hereto and incorporated herein Section 2 The Mayor is hereby authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation Section 3 This Resolution shall be in full force and effect upon j passage and signatures hereon Datedand Signed this day of 2011 CITY OF AUBURN PETER B LEWIS MAYOR ATTEST i Danielle E Daskam City Clerk a APP VEDA FOR 1 I i Daniel B Heid City Attorney i 1 Resolution No 4744 August 9 2011 Page 2 of 2 RES.F Gas Easement 11/1998 107043074/RW-079392 Page 1 of 3 RETURN ADDRESS: Puget Sound Energy, Inc. Attn: R/W Department (C. Biggs) P.O. Box 97034 / EST-06W Bellevue, WA 98009 EASEMENT REFERENCE #: GRANTOR: CITY OF AUBURN GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: Portion of Tracts 2 through 10, River View Addition to Auburn ASSESSOR’S PROPERTY TAX PARCEL: 733140-0135 For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, CITY OF AUBURN (“Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along, across, and through the following described real property ("Property" herein) in KING County, Washington: SEE EXHIBIT “A” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: An Easement Area 10 feet in width having 5 feet of such width on each side of a centerline described as follows: THE CENTERLINE OF GRANTEE’S FACILITIES AS CONSTRUCTED, TO BE CONSTRUCTED, EXTENDED OR RELOCATED WITHIN THE ABOVE DESCRIBED REAL PROPERTY. 1. Purpose. Grantee shall have the right to use the easement area to construct, operate, maintain, repair, replace, improve, remove, enlarge one or more utility systems for purposes of transmission, distribution and sale of gas. Such system may include, but are not limited to: Underground facilities. Pipes, pipelines, mains, laterals, conduits, regulators and feeders for gas; fiber optic cable and other lines, cables and facilities for communications; semi-buried or ground-mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. 4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee’s negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. 5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee’s failure to initially install its systems on the Easement Area within any period of time from the date hereof. 6. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of ATTACHMENT A Resolution No. 4744 Attachment A August 9, 2011 Page 1 of 2 RES.F Gas Easement 11/1998 107043074/RW-079392 Page 2 of 3 the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this ________ day of ____________________________________, 2011. GRANTOR: CITY OF AUBURN, a Washington Municipal Corporation BY: ___________________________________ ITS: ___________________________________ STATE OF WASHINGTON ) ) SS COUNTY OF ) On this _______ day of ______________________, 2011, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ________________________________________________________, to me known to be the person(s) who signed as ______________________________________________________, of CITY OF AUBURN, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be ________ free and voluntary act and deed and the free and voluntary act and deed of CITY OF AUBURN for the uses and purposes therein mentioned; and on oath stated that ________ was authorized to execute the said instrument on behalf of said CITY OF AUBURN. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. _______________________________________ (Signature of Notary) _______________________________________ (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at ___________________ My Appointment Expires: __________________ Notary seal, text and all notations must not be placed within 1” margins Resolution No. 4744 Attachment A August 9, 2011 Page 2 of 2 RES.F EXHIBIT “A” THAT PORTION OF TRACTS 2 THROUGH 8, RIVER VIEW ADDITION TO AUBURN, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 9 OF PLATS, PAGE(S) 90, RECORDS OF KING COUNTY, WASHINGTON, LYING SOUTH OF THE NORTH 116 FEET THEREOF; LESS THAT PORTION FOR ALLEYS AND STREET; TOGETHER WITH TRACT 9 OF SAID PLAT, LESS PORTIONS FOR ALLEY AND STREET; AND TOGETHER WITH TRACT 10 OF SAID PLAT, LESS ALLEYS AND STREET; ALSO EXCEPT THAT PORTION OF SAID TRACTS 8 AND 10 LYING EAST OF THE WEST 543.06 FEET OF TRACT 10 AND TRACT 10 EXTENDED NORTHERLY. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Resolution No. 4744 Attachment A August 9, 2011 Page 3 of 3 RES.F RES.F AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4745 Date: August 10, 2011 Department: Administration Attachments: Resolution No. 4745 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4745. Background Summary: The City of Auburn is currently part of the King County Consortium for HOME funding. This Housing and Urban Development program is specifically designed to address affordable housing in communities and support for developers that can meet the local goals. Auburn, with Seattle and Bellevue, rotate a voting seat on the Joint Recommendations Committee (RJC) of King County to represent its interests and maintain a position on the Consortium's official voting body. Passage of this agreement will simply renew our seat on the JRC and recommit our partnership. O1.3 Reviewed by Council Committees: Planning And Community Development Councilmember:Norman Staff:Hursh Meeting Date:August 15, 2011 Item Number:RES.G AUBURN * MORE THAN YOU IMAGINEDRES.G RESOLUTION NO 4745 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND THE CITY CLERK OF THECITY OF AUBURN TO ENTER INTO AN INTER I LOCAL COOPERATION AGREEMENT BETWEEN THE CITY AND KING COUNTY FOR THE PURPOSES OF ADMINISTERING THE FEDERAL HOME INVESTMENT PARTNERSHIPS PROGRAM HOME WHEREAS the City of Auburn Washington is a participant in the King County HOME Consortium which provides for Federal funds to be used for lowincome housing rehabilitation and construction and WHEREAS King County currently administers this program on behalf of the Consortium and WHEREAS the US Department of Housing and Urban Development HUD requires each jurisdiction to sign an agreement as a condition for participating in the partnership and receiving these federal funds NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN KING COUNTY WASHINGTON IN A REGULAR MEETING DULY i ASSEMBLED HEREWITH RESOLVES THAT Section 1 The Mayor and City Clerk of the City of Auburn Washington are herewith authorized to execute the HOME Investment Resolution No 4745 y August 10 2011 Page 1 i RES.G Partnerships Program Interlocal Cooperation Agreement in substantial conformity withthe Agreement attached hereto as Exhibit A Section 2 The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Section 3 This Resolution shall be in full force in effect upon passage and signatures hereon DATED and SIGNED this day of August 2011 CITY OF AUBURN PETER B LEWIS MAYOR ATTEST Danielle Daskam City Clerk APPROVED AS TO FORM I niel B i City Attorney i i 3 Resolution No 4745 August 10 2011 Page 2 i RES.G HOME INVESTMENT PARTNERSHIPS PROGRAM INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is entered into between King County hereinafter referred to as the County and the City of Auburn hereinafter referred to as the City said parties to the Agreement each being a unit of general local government of the State of Washington RECITALS WHEREAS King County is an urban county as defined by 24 CFR 922 and 24 CFR 5703 and WHEREAS a unit of general local government that is located within in an urban county may be part of a HOME consortium only through theurban county and WHEREAS the City and King County agree that it is mutually desirable and beneficial to enter into a consortium arrangement for purposes of the HOME Investment Partnerships Program hereinafter referredto as HOME Program NOW THEREFORE IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN IT IS AGREED THAT 1 This Agreement is made pursuant to the National Affordable Housing Act of 1990 as amended 42 USC 12701 et seq the Act and RCW 3934 the Intergovernmental Cooperation Act 2 The City and the County agree to cooperate to undertake or assist in undertaking HOME Program housing assistance activities which are eligible under 24 CFR Part 92 3 The County is hereby authorized to act as the representative member on behalf of the Consortium forthe purposes of the HOME Program TheCounty as the applicant and grantee for the HOME Program funds has responsibility for and assumes all obligations in the executing the HOME Program including adding new members on behalf of the HOME Consortium final responsibility for selectingand executing activities ensuring compliance with federal requirements and submitting to HUD the Consolidated Housing and Community Development Plan Consolidated Plan Annual Action Plans and related plans and reports including the Analysis of Impediments to Fair Housing Choice and the Fair Housing Action Plan Nothing contained in this Agreement shall be construed as an abdication of those responsibilities and obligations HOME Interlocal Agreement 1 of 5 20122014 i RES.G The City agrees to cooperate fully with the County in the development and preparation of the Consolidated Plan and related plans and to prepare and provide those elements specifically pertaining to the City 4 This Agreement shall remain in full force and effect for the period necessary to plan and carry out all activities that will be fundedfrom HOME funds awarded for the 2012 2013 and 2014 federal fiscal years the threeyear qualification period that coincides with the Agreement for the Distribution and Administration of the King County Consortiums Community Development Block Grant or until the Countys designation as a participating HOME jurisdiction or an urban county isrescinded by the United States Department of Housing and Urban Development whichever is shorter 5 This Agreement will be automatically renewed for participation in successive threeyear qualification periods unlessthe County or the City provides written notice it wishes to amend or elects not to participate in the new qualification period Such written notice shall be given by the date set forth in an Urban County Qualification Notice applicable to subsequent threeyear qualification periods and provided by the United States Department of Housing and Urban Development 6 The City and the County agree to adopt any amendments to this Agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent threeyear qualification period and to submit such amendments to the United States Department of Housing and Urban Development Failure to adopt such amendments will void the automatic renewal of such qualification period 7 During the term of this Agreement neither the County nor the City may withdraw from participation from their respective obligations under this Agreement 8 By executing the HOME Agreement the City understands that it may not participate in a HOME consortium except through the County regardless of whether the County receives a HOME formula allocation 9 This Agreement shall be executed in three counterparts each of which shall be deemed an original by the chief executive officers of the County and the City pursuant to the authority grantedthem by their respective governing bodies One of the signed Agreements shall be filed by the Countywith the Region X office of HUD one shall be filed with the City and one shall be filed with the County Prior to its taking effect the fully executed Agreement shall be filed with the County Auditor or alternatively listed by subject on a public agencys web site or other electronically retrievable public source 10 The parties to this Agreement hereby agree to affirmatively further fair housing and to ensure that no HOME funds are expended for activities that do not affirmatively further fair housing within the boundaries of their jurisdiction or for activities that impede the Countys actions to comply with its fair housing certification For purposes of this section affirmatively HOME Interlocal Agreement 2 of 5 20122014 RES.G furthering fair housing includes participation in the process of developing an Analysis of Impediments to Fair Housing Choice and a Fair Housing ActionPlan While King County has the primaryresponsibility for the development of these reports to HUD pursuant to Section 3 of this Agreement upon request the City shall provide assistance to the County in preparing such reports 11 Joint Recommendations Committee Composition An inter jurisdictional Joint Recommendations Committee JRC shall be established through the 20122014 Consortium Interlocal Cooperation Agreement The JRC shall be composed of three county representatives and eight cities representatives The three county representatives shall be King County Executive staff with broad policy responsibilities andor department directors County representatives shall be specified in writing and where possible shall be consistently the same persons from meeting to meeting Four of the cities representatives shall be from nonentitlement consortium cities signing the King County Consortium Interlocal Cooperation Agreement Regarding the Community Development Block Grant Program two from each subregion The remaining four cities representatives shall be from cities that qualify to receive CDBG funds directly from HUD that are signing either a Joint Agreement Regarding the Community Development Block Grant Program or a HOME Programonly Agreement These latter four representatives shall have no vote on matters specific to the jurisdictions of the King County Consortium Interlocal Cooperation AgreementRegarding the Community Development Block Grant Program Two of the eight cities representatives shall be rotated among the HOME Programonly Agreement Cities The two representatives will vote on issues affecting HOME Program Agreement Cities that are specific to this Agreement For the HOME Programonly Agreement Cities rotating positions the HOME Program Agreement Cities will notify the County by the end of the second week in February of each year who the two HOME Programonly Agreement City representatives will be for that year The chairperson and vicechairperson of the JRC shall be chosen from among the members of the JRC by a majority vote of the members for a term of one year beginning with the first meeting of the calendar year Attendance of five members shall constitute a quorum 12 JRC Appointments The King County Executive shall appoint the three county representatives The participating cities of the King County Consortium Interlocal Cooperation Agreement for the Community Development Block Grant Program shall provide for the appointment of their shared representatives in a manner to be determined by those cities through the Suburban Cities Association or other agreedupon mechanism for the execution of shared appointing authority The Suburban Cities Association or other agreed mechanism will select four jurisdictions of varying size from among those signing this HOME Interlocal Agreement 3 of 5 20122014 RES.G agreement two from the northeast subregion and two from the south subregion The cities representatives shall be elected officials chief administrative officers or persons who report directly to the chief administrative officer and whohave broad policyresponsibilities eg planning directors department directors etc Members of the JRC shall serve for two years or at the pleasure of their respective appointing authorities 13 Powers and Duties of the JRC The JRC shall be empowered to a Review and recommend to the King County Executive all policy matters concerning the King County CDBG Consortium and HOME Program Consortium including but not limited to the Consolidated Plan and related plans and policies b Review and recommend to the King County Executive the projects and programs to be undertaken with King County CDBG Consortium funds and HOME Program Consortium funds including the Administrative Setaside c Monitor and ensure that all geographic areas and participating jurisdictions benefit fairly from King County CDBG Consortium and HOME Program Consortium funded activities over the threeyear agreement period so far as is feasible and within the goals and objectives of the Consolidated Plana 14 Advisory Committees to the JRC In fulfilling its duty to review and recommend projects and programs to be undertaken with HOME Program funds the JRC shall consider the advice of inter jurisdictional advisorycommittees Subregional advisory committees made up of one representative from each participating jurisdiction in a subregion that wishes to participate shall be convened to assist in the review and recommendation of projects and programs to be undertaken in that subregion The JRC may also solicit recommendations from other inter jurisdictional housingand community development committees 15 The City shall assist the County in developing the Consortiums HOME Program by participating in development of the Consolidated Plan to accommodate both the collective and individual housing objectives contained within local comprehensive plans or other adopted plans of the City and the County 16 The City and County shall each assign a staff person to serve as the primary contact for the administration of this Agreement The assigned contact person is responsible for communicating relevant information to their respective jurisdiction 17 This Agreement applies to the Consortiums acceptance of other federal housingrelated funds which may be allocated by formula to the Consortium Allocation decisions for these funds will be subject to policies and procedures developed by the advisory committees to the JRC and adopted by the JRC i t HOME Interlocal Agreement 4 of 5 20122014 RES.G 18 This Agreement is made and entered into for the sole protection and benefit of the parties hereto and their successors and assigns No other person shall have any right of action based on any provision of this Agreement KING COUNTY WASHINGTON CITY OF AUBURN for King County Executive Signature Jackie MacLean Peter B Lewis Printed Name Printed Name Director Department of Community and Human Services Mayor Title Title Date Date a Approved as to Form Approved as to Form OFFICE OF THE KING COUNTY CITY OF AUBURN PROSECUTING ATTORNEY CITY ATTORNEY 7 I f Dan Heid j City Attorney ATTEST CITY OF AUBURN r r r Danielle Daskam City Clerk r HOME Interlocal Agreement 5 of 5 20122014 I RES.G